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Canada – Nova Scotia Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations

SOR/2015-2

CANADA-NOVA SCOTIA OFFSHORE PETROLEUM RESOURCES ACCORD IMPLEMENTATION ACT

OFFSHORE HEALTH AND SAFETY ACT

Registration 2015-01-05

Canada – Nova Scotia Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations

PART 1General

Interpretation

 The following definitions apply in these Regulations.

Act

Act means Part III.1 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act. (Loi)

advanced first aid certificate

advanced first aid certificate means the certificate issued by an approved organization for the successful completion of a first aid course of at least five days’ duration, other than a mariners’ first aid course. (certificat de secourisme avancé)

ANSI

ANSI means the American National Standards Institute. (ANSI)

API

API means the American Petroleum Institute. (API)

approved organization

approved organization means St. John Ambulance, the Canadian Red Cross Society or the Workers’ Compensation Board of British Columbia. (organisme approuvé)

ASME

ASME means the American Society of Mechanical Engineers. (ASME)

basket

basket means a personnel transfer basket. (nacelle)

Canadian Electrical Code

Canadian Electrical Code[Repealed, SOR/2017-116, s. 1]

CCBFC

CCBFC[Repealed, SOR/2017-116, s. 1]

committee

committee has the same meaning as subsection 210.001(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act. (comité)

CPR course

CPR course means a training course in cardiopulmonary resuscitation based on the publication of the Journal of the American Medical Association entitled Standards and Guidelines for Cardiopulmonary Resuscitation (CPR) and Emergency Cardiac Care (ECC) as reprinted by the American Heart Association. (cours RCR)

CSA

CSA means the Canadian Standards Association. (CSA)

drill floor

drill floor means, in respect of a drilling rig or drilling unit, the stable platform surrounding the slip setting area that provides support for employees during drilling operations. (plancher de forage)

drilling rig

drilling rig means the plant and associated support equipment used to make a hole or well by boring or other means for geophysical, exploration or production purposes. (appareil de forage)

drilling unit

drilling unit means a drillship, submersible, semi-submersible, barge, jack-up or other vessel used in drilling and includes a drilling rig and other related facilities. (unité de forage)

electrical equipment

electrical equipment means equipment for the generation, distribution or use of electricity. (outillage électrique)

elevating device

elevating device means an escalator, elevator, basket or other device for moving passengers or freight. (appareil de levage)

emergency first aid certificate

emergency first aid certificate means the certificate issued by an approved organization for the successful completion of a first aid course of at least one day’s duration. (certificat de secourisme d’urgence)

environmental conditions

environmental conditions means meteorological, oceanographical and other natural conditions, including ice conditions, that may affect the operations of a workplace. (conditions environnementales)

fire hazard area

fire hazard area means an area that contains or is likely to contain explosive or flammable concentrations of a hazardous substance. (endroit présentant un risque d’incendie)

first aid attendant

first aid attendant means a medic or a qualified person who is a holder of an emergency first aid certificate, a standard first aid certificate, a mariner’s first aid certificate or an advanced first aid certificate or of a registered nurse’s certificate recognized under the laws of a province. (secouriste)

first aid room

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

high voltage

high voltage means a voltage of more than 750 V between any two conductors or between a conductor and ground. (haute tension)

hot work

hot work means welding, burning, rivetting, drilling, grinding, chipping or any other work where a flame is used or sparks are produced. (travail à chaud)

living accommodation

living accommodation means living, eating or sleeping quarters provided by an employer for the accommodation of employees at a workplace. (unité de logement)

locked out

locked out means, in respect of any equipment, machine or device, that the equipment, machine or device has been rendered inoperative and cannot be operated or energized without the consent of the person who rendered it inoperative. (verrouillé)

mariner’s first aid certificate

mariner’s first aid certificate means the certificate issued by an approved organization for the successful completion of a mariner’s first aid course of at least five days’ duration. (certificat de secourisme maritime)

medic

medic means a qualified person who

  • (a) has experience with helicopter or fixed-wing aircraft evacuation for medical purposes,

  • (b) is the holder of an advanced cardiac life support certificate or basic cardiac life support instructor’s certificate recognized by the Heart and Stroke Foundation of Canada; and

  • (c) is the holder of

    • (i) a registered nurse’s certificate recognized under the laws of a province and has clinical experience in intensive care or emergency practice, or

    • (ii) a paramedic certificate issued by a college in a province and has clinical experience. (paramédic)

National Building Code of Canada

National Building Code of Canada[Repealed, SOR/2017-116, s. 1]

National Fire Code of Canada

National Fire Code of Canada[Repealed, SOR/2017-116, s. 1]

National Plumbing Code of Canada

National Plumbing Code of Canada[Repealed, SOR/2017-116, s. 1]

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)

production facility

production facility means the production, separating, treating and processing equipment and facilities necessary in production operations, including airstrips, helicopter landing areas and living accommodation. (plate-forme de production)

protection equipment

protection equipment means 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)

standard first aid certificate

standard first aid certificate means the certificate issued by an approved organization for successful completion of a first aid course of at least two days’ duration. (certificat de secourisme général)

support craft

support craft means a vehicle, vessel, tug, ship, aircraft, air cushion vehicle, standby craft or other craft used to provide transport for or assistance to employees in a workplace. (véhicule de service)

ULC

ULC means the Underwriters’ Laboratories of Canada. (ULC)

ULC Standard

ULC Standard[Repealed, SOR/2017-116, s. 1]

  • SOR/2017-116, s. 1

Reference

 In these Regulations, any reference to a standard is to be read as a reference to the most recent version of that standard.

  • SOR/2017-116, s. 2

Application

 These Regulations apply in respect of employees working within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area.

Records and Reports

 When an employer keeps a record, report or other document referred to in the Act, the employer must retain the record, report or other document in such a manner that it is readily available for examination by a health and safety officer and by the committee or the coordinator for the workplace to which it applies.

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 of these Regulations must prevail to the extent of the inconsistency.

PART 2Building Safety

Doors

 Every double-action swinging door that is located in an exit, entrance or passageway used for two-way pedestrian traffic must be designed and fitted in a manner that will permit persons who are approaching from one side of the door to be aware of persons who are on the other side of the door.

Floor and Wall Openings

  •  (1) The following definitions apply in this section.

    floor opening

    floor opening means an opening measuring 300 mm or more in its smallest dimension in a floor, platform, pavement or yard. (ouverture dans un plancher)

    wall opening

    wall opening means an opening at least 750 mm high and 300 mm wide in a wall or partition. (ouverture dans un mur)

  • (2) If an employee has access to a wall opening from which there is a drop of more than 1.2 m or to a floor opening, guardrails must be fitted around the wall opening or floor opening or the opening must be covered with material capable of supporting all loads that may be imposed on it.

  • (3) The material referred to in subsection (2) must be securely fastened to a supporting structural member of the building.

  • (4) Subsection (2) does not apply to the loading and unloading docks.

  • (5) Subject to section 13, guardrails must be installed around the perimeter of every workplace, other than a helicopter deck, when there is a drop of more than 1 m from the workplace to an adjacent area.

Open-Top Bins, Hoppers, Vats and Pits

  •  (1) If an employee has access to an open-top bin, hopper, vat, pit or other open-top enclosure from a point directly above the enclosure, the enclosure must be fitted with a fixed ladder on the inside wall of the enclosure and must be

    • (a) covered with a grating, screen or other covering that will prevent the employee from falling into the enclosure; or

    • (b) provided with a walkway that is not less than 500 mm wide and is fitted with guardrails.

  • (2) A grating, screen, covering or walkway referred to in subsection (1) must be so designed, constructed and maintained that it will support a load that is not less than the greater of

    • (a) the maximum load that is likely to be imposed on it; or

    • (b) a live load of 6 kPa.

Ladders, Stairways and Ramps

 If an employee in the course of employment is required to move from one level to another level that is more than 450 mm higher or lower than the former level, the employer must install a fixed ladder, stairway or ramp between the levels.

 If one end of a stairway is so close to a traffic route used by vehicles, to a machine or to any other hazard as to be hazardous to the safety of an employee using the stairway, the employer must

  • (a) where practicable, install a barricade that will protect employees using the stairway from the hazard; or

  • (b) if it is not reasonably practicable to install a barricade, post a sign at that end of the stairway to warn employees of the hazard.

  •  (1) Subject to subsection (5), a fixed ladder that is more than 6 m in length must, where reasonably practicable, be fitted with a protective cage for that portion of its length that is more than 2 m above the base level of the ladder.

  • (2) Subject to subsection (5), a fixed ladder that is more than 9 m in length must have, at intervals of not more than 6 m, a landing or platform that

    • (a) is not less than 0.36 m2 in area; and

    • (b) is fitted at its outer edges with a guardrail.

  • (3) A fixed ladder, cage, landing or platform referred to in subsection (1) or (2) must be designed and constructed to withstand all loads that may be imposed on it.

  • (4) A fixed ladder must be

    • (a) vertical;

    • (b) securely held in place at the top, bottom and at intermediate points; and

    • (c) fitted with

      • (i) rungs that are at least 150 mm from the wall and uniformly spaced at intervals not more than 300 mm, and

      • (ii) side rails that extend not less than 900 mm above the landing or platform.

  • (5) Subsections (1) and (2) do not apply to a fixed ladder that is used with a fall protection system referred to in section 176.

Docks, Ramps and Dock Plates

  •  (1) Every loading and unloading dock and ramp must be

    • (a) of sufficient strength to support the maximum load that is likely to be imposed on it;

    • (b) free of surface irregularities that may interfere with the safe operation of mobile equipment; and

    • (c) fitted around its sides that are not used for loading or unloading with side rails, curbs or rolled edges of sufficient height and strength to prevent mobile equipment from running over the edge.

  • (2) Every portable ramp and every dock plate must be

    • (a) clearly marked or tagged to indicate the maximum safe load that it is capable of supporting; and

    • (b) installed so that it cannot slide, move or otherwise be displaced under the load that may be imposed on it.

Guardrails

  •  (1) Every guardrail must consist of

    • (a) a horizontal top rail or line not less than 900 mm and not more than 1 100 mm above the base of the guardrail;

    • (b) a horizontal intermediate rail or line spaced midway between the top rail or line and the base of the guardrail; and

    • (c) supporting posts spaced not more than 3 m apart at their centres.

  • (2) Every guardrail must be designed to withstand the greater of

    • (a) the maximum load that is likely to be imposed on it; and

    • (b) a static load of not less than 890 N applied in any direction at any point on the top rail or line.

 If it is not reasonably practicable to install guardrails as required by subsections 6(5) or 25(1) or paragraph 28(2)(c), cables or chains must be installed in a manner that will prevent employees from falling from the workplace.

Toe Boards

  •  (1) Subject to subsection (2), if there is a hazard that tools or other objects may fall from a platform or other raised area onto an employee, the employer must, if reasonably practicable, install

    • (a) a toe board that

      • (i) extends above the floor of the raised area, and

      • (ii) will prevent tools or other objects from falling from the raised area; or

    • (b) when the tools or other objects are piled to such a height that a toe board will not prevent the tools or other objects from falling, a solid or mesh panel that extends from the floor of the raised area to a height of not less than 450 mm.

  • (2) If the installation of a toe board is not reasonably practicable on a platform or other raised area, all tools or other objects that could fall must be

    • (a) fastened in such a manner that, if they fall, employees beneath the platform will be protected; or

    • (b) placed in such a way that, if they fall, they will be caught by a safety net positioned so as to protect from injury any employee on or below the platform or other raised area.

Housekeeping and Maintenance

  •  (1) Every stairway, walkway, ramp and passageway used by employees must, to the extent reasonably practicable, be kept free of accumulations of ice and snow.

  • (2) All dust, dirt, waste and scrap material in a workplace must be removed as often as is necessary to protect the health and safety of employees and must be disposed of in such a manner that the health and safety of employees is not compromised.

  • (3) Every travelled surface in a workplace must be maintained free from splinters, holes, loose boards and tiles or similar defects.

  •  (1) If a floor in a workplace is normally wet and employees in the workplace do not use non-slip footwear, the floor must be covered with a dry false floor or platform or treated with a non-slip material or substance.

  • (2) The floor in a workplace must, to the extent reasonably practicable, be kept free from oil, grease or any other slippery substance.

Temporary Heat

  •  (1) Subject to subsection (2), when a salamander or other portable open-flame heating device is used in an enclosed workplace, the heating device must not restrict a means of exit and must be

    • (a) so located, protected and used that there is no hazard of igniting combustible materials adjacent to the heating device;

    • (b) used only when there is ventilation provided that protects the health and safety of employees; and

    • (c) so located as to be protected from damage or overturning.

  • (2) If the heating device does not provide complete combustion of the fuel used in connection with it, the heating device must be equipped with a securely supported sheet metal pipe that discharges the products of combustion outside the enclosed workplace.

  • (3) A portable fire extinguisher that has not less than a 10B rating as defined in the ULC Standard CAN/ULC S508, Rating and Fire Testing of Fire Extinguishers, must be readily accessible from the location of the heating device when the device is in use.

  • SOR/2017-116, s. 3

PART 3Temporary Structures and Excavations

Interpretation

 In this Part, stage means a working platform supported from above. (plate-forme suspendue)

Application

 This Part applies to fixed and portable ladders, to stages and scaffolds and to temporary ramps and stairs.

General

 An employee must not work on a temporary structure in environmental conditions that are likely to be hazardous to the health or safety of the employee, except when the work is required to remove a hazard or to rescue an employee.

 Tools, equipment and materials used on a temporary structure must be arranged or secured in such a manner that they cannot be knocked off the structure accidentally.

 An employee must not use a temporary structure unless

  • (a) the employee has authority from the employer to use it; and

  • (b) the employee has been trained and instructed in its safe and proper use.

  •  (1) Before a temporary structure is used by an employee, a qualified person must make a visual safety inspection of it.

  • (2) If the inspection reveals a defect or condition that adversely affects the structural integrity of a temporary structure, an employee must not use the temporary structure until the defect or condition is remedied.

Barricades

 If a vehicle or a pedestrian may come into contact with a temporary structure, a person must be positioned at the base of the temporary structure or a barricade must be installed around it to prevent any such contact.

Guardrails and Toe Boards

  •  (1) Subject to section 13, at every open edge of a platform of a temporary structure guardrails must be installed and, subject to subsection 14(2), if there is a likelihood that persons beneath the platform may be injured by objects falling from the platform, toe boards must be installed.

  • (2) The guardrails and toe boards must meet the standards set out in section 12 and subsection 14(1).

Temporary Stairs, Ramps and Platforms

  •  (1) Subject to subsection 27(3), temporary stairs, ramps and platforms must be designed, constructed and maintained to support any load that is likely to be imposed on them and to allow safe passage of persons and equipment on them.

  • (2) Temporary stairs must have

    • (a) uniform steps in the same flight;

    • (b) a slope of not more than 1.2 to 1; and

    • (c) a hand rail that is not less than 900 mm and not more than 1 100 mm above the stair level on open sides including landings.

  • (3) Temporary ramps and platforms must be

    • (a) securely fastened in place;

    • (b) braced if necessary to ensure their stability; and

    • (c) provided with cleats or surfaced in a manner that provides a safe footing for employees.

Scaffolds

  •  (1) The erection, use, dismantling or removal of a scaffold must be carried out by or under the supervision of a qualified person.

  • (2) If a scaffold is erected on an uneven surface, it must be provided with base plates that maintain its stability.

  • (3) Every scaffold must be capable of supporting at least four times the load that is likely to be imposed on it.

  • (4) Every scaffold must

    • (a) have a platform that is at least 500 mm wide and securely fastened in place;

    • (b) have a working surface that is even and horizontal; and

    • (c) be fitted with guardrails except on the side where the work to be performed would be hindered by the guardrail.

  • (5) The footings and supports of every scaffold must be capable of supporting, without dangerous settling, all loads that are likely to be imposed on them.

Stages

  •  (1) The erection, use, dismantling or removal of a stage must be carried out by or under the supervision of a qualified person.

  • (2) Every stage must

    • (a) have a working surface that is even and horizontal and is capable of supporting any load that is likely to be imposed on it;

    • (b) be fitted with an effective means of holding the stage away from the working area; and

    • (c) subject to section 13, when the stage is to be used at a height of more than 3 m, be fitted with guardrails.

  • (3) The supporting structure and the ropes or tackle supporting a stage must have a safety factor of not less than six.

Ladders

  •  (1) Commercially manufactured portable ladders must meet the standards set out in CSA Standard Z11, Portable Ladders.

  • (2) Subject to subsection (3), every fixed and portable ladder must, while being used,

    • (a) be placed on a firm footing;

    • (b) be secured in such a manner that it cannot be dislodged accidentally from its position; and.

    • (c) be positioned in such a manner that it is not necessary for a person to use the underside of the ladder.

  • (3) When a fixed or portable ladder provides access from one level to another the ladder must extend, if reasonably practicable, at least three rungs above the higher level or, if it is not reasonably practicable, handholds must be provided.

  • (4) A metal or wire-bound fixed or portable ladder must not be used if there is a hazard that it may come into contact with any live electrical circuit or equipment.

  • (5) An employee must not work from any of the three top rungs of any single or extension portable ladder or from either of the two top steps of any stepladder.

  • (6) A non-metallic fixed or portable ladder must not be coated with a material that may hide flaws.

  • SOR/2017-116, s. 4

Excavation

  •  (1) Before the commencement of work on an excavation, tunnel or the creation of an opening in a bulkhead, deck or similar structure, the employer must mark the location of all pipes, cables and conduits in the area where the work is to be done.

  • (2) If an excavation, trench or opening constitutes a hazard to employees, a barricade must be installed around it.

  • (3) If an employee is required to enter an excavation that is more than 1.4 m deep and the sides of which are sloped at an angle of 45° or more to the horizontal, or a tunnel,

    • (a) the walls of the excavation, trench or tunnel, and

    • (b) the roof of the tunnel

    must be supported by shoring and bracing that is installed as the excavation or tunnel is being excavated.

  • (4) Tools, machinery, timber, excavated materials or other objects must not be placed within 1 m from the edge of an excavation or opening.

Safety Nets

  •  (1) If there is a hazard that tools, equipment or materials may fall onto or from a temporary structure, the employer must provide a protective structure or a safety net to protect from injury any employee on or below the temporary structure.

  • (2) The design, construction and installation of a safety net referred to in subsection (1) must meet the standards set out in ANSI Standard ANSI/ASSE A10.11, Safety Requirements for Personnel Nets.

  • SOR/2017-116, s. 5

Housekeeping

 Every platform, hand rail, guardrail and work area on a temporary structure used by an employee must, to the extent reasonably practicable, be kept free of accumulations of ice and snow while the temporary structure is in use.

 The working surface of a temporary structure used by an employee must, if reasonably practicable, be kept free of grease, oil or other slippery substance and of any material or object that may cause an employee to slip or trip.

PART 4Elevating Devices

Standards

  •  (1) Every elevating device and every safety device attached to it must

    • (a) meet the standards set out in the applicable CSA standard referred to in subsection (2), to the extent that is reasonably practicable; and

    • (b) be used, operated and maintained in accordance with the standards set out in the applicable CSA standard referred to in subsection (2).

  • (2) For the purposes of subsection (1), the following standards apply:

    • (a) for elevators, dumbwaiters, escalators and moving walks, ASME Standard ASME A.17.1/CSA B44, Safety Code for Elevators and Escalators (Bi-National standard, with ASME A17.1);

    • (b) for manlifts, CSA Standard CAN/CSA B311, Safety Code for Manlifts; and

    • (c) for elevating devices for persons with physical disabilities, CAN/CSA Standard B355, Lifts for Persons with Physical Disabilities.

  • SOR/2017-116, s. 6

Personnel Transfer Baskets

  •  (1) A basket must not be used to transfer freight except in an emergency.

  • (2) Every transfer of a person by a basket must be made only when visibility and environmental conditions are such that the transfer can be made safely.

  • (3) If a person is transferred by a basket to or from a place on a ship or to or from a place on a drilling unit or an offshore production facility,

    • (a) persons at both places must be in direct radio contact; and

    • (b) the person to be transferred must

      • (i) be instructed in the safety procedures to be followed, and

      • (ii) must use a life jacket or a personal flotation device.

  • (4) If a person is transferred by a basket to or from a drilling unit or an offshore production facility, the drilling unit or production facility must be equipped with at least two buoyant baskets.

  • (5) Every basket must be in serviceable condition and all ropes, wires or other vital parts of a basket that show signs of significant wear must be replaced before the basket is used.

  • (6) The number of persons transferred in a basket must not exceed the number of persons the basket was designed to carry safely.

  • (7) The raising or lowering of a basket must, to the extent reasonably possible, be carried out over water.

Use and Operation

 An elevating device must not be used or placed in service

  • (a) with a load in excess of the load that it was designed and installed to move safely; or

  • (b) if the elevating device is installed on a floating drilling unit or a floating production facility, when the roll of the drilling unit or the production facility exceeds the maximum roll recommended by the manufacturer for the safe operation of the elevating device.

  •  (1) Subject to subsection (3), an elevating device must not be used or placed in service while any safety device attached to it is inoperative.

  • (2) Subject to subsection (3), a safety device attached to an elevating device must not be altered, interfered with or rendered inoperative.

  • (3) Subsections (1) and (2) do not apply to an elevating device or a safety device that is being inspected, tested, repaired or maintained by a qualified person.

Inspection and Testing

 Every elevating device and every safety device attached to it must be inspected and tested by a qualified person to determine that the standards under these Regulations are met

  • (a) before the elevating device or the safety device attached to it is placed in service;

  • (b) after an alteration to the elevating device or a safety device attached to it; and

  • (c) once every 12 months.

  •  (1) A record of each inspection and test made in accordance with section 38 must

    • (a) be signed by the qualified person who made the inspection and test;

    • (b) include the date of the inspection and test and the identification and location of the elevating device and safety device that were inspected and tested; and

    • (c) set out the observations of the qualified person inspecting and testing the elevating device and safety device on the safety of the devices.

  • (2) Every record referred to in subsection (1) must be kept by the employer for five years after the date on which it is signed.

Repair and Maintenance

 Repair and maintenance of elevating devices and safety devices attached to them must be performed by a qualified person appointed by the employer.

PART 5Boilers and Pressure Vessels

Interpretation

 The following definitions apply in this Part.

inspector

inspector means a person recognized under the laws of Canada or of a province as qualified to inspect boilers, pressure vessels or piping systems or a representative of one of the organizations referred to in the definition of certifying authority in section 2 of the Nova Scotia Offshore Certificate of Fitness Regulations who is qualified to perform that function. (inspecteur)

maximum allowable working pressure

maximum allowable working pressure means the maximum allowable working pressure set out in the record referred to in section 51. (pression de fonctionnement maximale autorisée)

maximum temperature

maximum temperature means the maximum temperature set out in the record referred to in section 51. (température maximale)

piping system

piping system means an assembly of pipes, pipe fittings, valves, safety devices, pumps, compressors and other fixed equipment that contains a gas, vapour or liquid and is connected to a boiler or pressure vessel. (réseau de canalisation)

  • SOR/2017-116, s. 7

Application

 This Part does not apply to

  • (a) a heating boiler that has a heating surface of 3 m2 or less;

  • (b) a pressure vessel that has a capacity of 40 L or less;

  • (c) a pressure vessel that is installed for use at a pressure of 100 kPa or less;

  • (d) a pressure vessel that has an internal diameter of 150 mm or less;

  • (e) a pressure vessel that has an internal diameter of 600 mm or less and that is used for the storage of hot water;

  • (f) a pressure vessel that has an internal diameter of 600 mm or less and that is connected to a water-pumping system containing air that is compressed to serve as a cushion; or

  • (g) a refrigeration plant that has a capacity of 18 kW or less of refrigeration.

Construction, Testing and Installation

 Every boiler, pressure vessel and piping system used in a workplace must be constructed, tested and installed by a qualified person.

Use, Operation, Repair, Alteration and Maintenance

 A person must not use a boiler, pressure vessel or piping system unless it has been inspected by an inspector in accordance with sections 47 to 49.

  • (a) after installation; and

  • (b) after any welding, alteration or repair is carried out on it.

 Every boiler, pressure vessel and piping system in use at a workplace must be operated, maintained and repaired by a qualified person.

 A person must not alter, interfere with or render inoperative any fitting attached to a boiler, pressure vessel or piping system except for the purpose of adjusting or testing the fitting.

Inspections

  •  (1) Subject to section 48, every boiler, pressure vessel and piping system in use in a workplace must be inspected

    • (a) externally, at least once each year; and

    • (b) internally, at least once every five years.

  • (2) Paragraph (1)(a) does not apply to a pressure vessel that is buried.

  •  (1) If a pressure vessel is used to store anhydrous ammonia, a hydrostatic test at a pressure equal to one and one-half times the maximum allowable working pressure must be conducted at least once every five years.

  • (2) The integrity of a pressure vessel that is a part of a motion compensator system or blowout preventer must be verified at least once every five years by

    • (a) if reasonably practicable, an internal inspection; or

    • (b) if an internal inspection is not reasonably practicable, by a hydrostatic test or other non-destructive test method.

  •  (1) When more than five years have elapsed since the date of the last test and inspection of a Halon container, the container must not be recharged without a test of container strength and a complete visual inspection being carried out.

  • (2) A Halon container that has been continuously in service without being discharged may be retained in service for a maximum of 20 years after the date of the last test and inspection, at which time it must be emptied, subjected to a test of container strength and a complete visual inspection and re-marked before being placed back in service.

  • (3) If a Halon container has been subjected to unusual corrosion, shock or vibration, a complete visual inspection and a test of container strength must be carried out.

 In addition to the requirements of sections 47 to 49, every boiler, pressure vessel and piping system in use at a workplace must be inspected by an inspector as frequently as is necessary to ensure that the boiler, pressure vessel and piping system is safe for its intended use.

  • SOR/2017-116, s. 8

Records

  •  (1) A record of each inspection carried out under sections 44 and 47 to 50 must be completed and

    • (a) must be signed by the inspector; and

    • (b) must include

      • (i) the date of the inspection,

      • (ii) the identification and location of the boiler, pressure vessel or piping system that was inspected,

      • (iii) the maximum allowable working pressure and the maximum temperature at which the boiler or pressure vessel may be operated,

      • (iv) a declaration as to whether the boiler, pressure vessel or piping system meets the standards prescribed by this Part,

      • (v) a declaration as to whether, in the inspector’s opinion, the boiler, pressure vessel or piping system is safe for its intended use,

      • (vi) if appropriate in the inspector’s opinion, recommendations regarding the need for more frequent inspections or tests than are required by section 47, 48 or 49, and

      • (vii) any other observation that the inspector considers relevant to the safety of employees.

  • (2) The employer must keep every record for one year after the date that the next inspection is required by this Part.

  • SOR/2017-116, s. 9

PART 6Levels of Lighting

Application

 This Part does not apply to the lighting of the bridge of a mobile offshore drilling unit, or of the bridge of any ship used for construction, production or diving or for geotechnical or seismic work.

  • SOR/2017-116, s. 10

General

  •  (1) The levels of lighting prescribed in this Part must, if reasonably practicable, be provided by a lighting system installed by the employer.

  • (2) If it is not reasonably practicable to comply with subsection (1), the employer must provide portable lighting that gives the prescribed levels of lighting.

Measurement of Average Levels of Lighting

 For the purposes of this Part, the average level of lighting at a work position or in an area must be determined by taking four or more measurements at different places at the work position or in the area and by dividing the total of the results of the measurements by the number of measurements at the level at which the work is performed, in the case of the work is performed at a level higher than the floor or, at 1 m above the floor, in any other case.

Minimum Average Levels of Lighting

 The average level of lighting at a work position or in an area referred to in column 1 of an item of Schedule 1 must be not less than the average level set out in column 2 of that item.

Emergency Lighting Systems

  •  (1) If a failure in the lighting system in an area through which an employee passes in carrying out emergency procedures referred to in subsection 293(1) will cause the level of lighting to be reduced to less than 3 dalx, an emergency lighting system must be installed in the area.

  • (2) The emergency lighting system must

    • (a) operate automatically in the event of a failure of the lighting system; and

    • (b) provide an average level of lighting of 3 dalx.

Minimum Levels of Lighting

 The level of lighting at any place at a work position or in an area must be not less than one third of the average level of lighting prescribed by this Part for the work position or area.

PART 7Levels of Sound

Interpretation

 In this Part, sound level meter means an instrument for measuring levels of sound and impulse sound that meets the standards set out in ANSI Standard ANSI/ASA S1.4, American National Standard Specification – Sound Level Meters, and is referred to in that Standard as type 0, 1 or 2.

  • SOR/2017-116, s. 11

Levels of Sound

  •  (1) Subject to subsections (2) and (3) and sections 60 and 61, the level of sound in a workplace must be less than 85 dB.

  • (2) If it is not reasonably practicable for an employer to maintain the level of sound in a workplace at less than 85 dB, an employee must not be exposed in any 24-hour period to

    • (a) a level of sound referred to in column 1 of an item of Schedule 2 for a number of hours exceeding the number set out in column 2 of that item; or

    • (b) a number of different levels of sound referred to in column 1 of an item of Schedule 2, when the sum of the following quotients exceeds 1:

      • (i) the number of hours of exposure to each level of sound

      divided by

      • (ii) the maximum number of hours of exposure per 24-hour period set out in column 2 of that item.

  • (3) If it is not reasonably practicable for an employer to maintain the exposure of an employee to a level of sound at or below the levels referred to in subsection (1) or (2), the employer must

    • (a) make a report in writing to the health and safety officer setting out the reasons why the exposure cannot be so maintained; and

    • (b) provide every employee entering the workplace with a hearing protector that

      • (i) meets the standards set out in CSA Standard Z94.2, Hearing Protection Devices – Performance, Selection, Care, and Use, and

      • (ii) reduces the level of sound reaching the employee’s ears to less than 85 dB.

  • SOR/2017-116, s. 12

 An employee must not be exposed in sleeping quarters to a level of sound of more than 75 dB.

 If the level of impulse sound in a workplace exceeds 140 dB, the employer must provide every employee entering the workplace with a hearing protector that

  • (a) meets the standards set out in CSA Standard Z94.2, Hearing Protection Devices – Performance, Selection, Care, and Use; and

  • (b) reduces the peak level of impulse sound reaching the employee’s ears to 140 dB or less.

  • SOR/2017-116, s. 13

Sound Level Measurement

 The levels of sound referred to in sections 59 and 60 must be measured by using the slow exponential-time-averaging characteristic and the A-weighting characteristic of a sound level meter.

 The level of impulse sound referred to in section 61 must be measured by using the impulse exponential-time-averaging characteristic of a sound level meter.

Warning Signs

 In a workplace when the level of sound is 85 dB or more or when the peak level of impulse sound exceeds 140 dB, the employer must post signs warning persons entering the workplace

  • (a) that there is a hazardous level of sound or impulse sound in the workplace;

  • (b) if applicable, of the maximum number of hours of exposure determined under subsection 59(2); and

  • (c) if applicable, of the requirement to wear a hearing protector.

PART 8Electrical Safety

Interpretation

 In this Part,control device means a device that will safely disconnect electrical equipment from its source of energy. (dispositif de commande)

Safety Procedures

  •  (1) All testing or work performed on electrical equipment must be performed by a qualified person or an employee under the direct supervision of a qualified person.

  • (2) If there is a possibility that the qualified person or the employee may receive a hazardous electrical shock during the performance of testing or work,

    • (a) the qualified person or the employee must use insulated protection equipment and tools that will protect them from injury during the performance of the work; and

    • (b) the employee must be instructed and trained in the use of the insulated protection equipment and tools.

  •  (1) If electrical equipment is live or may become live, an employee must not 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 isolated in accordance with section 72.

  • (2) Subject to subsections (3) and (4), if an employee is working on or near electrical equipment that is live or may become live, the electrical equipment must be guarded.

  • (3) Subject to subsection (4), if it is not practicable for electrical equipment referred to in subsection (2) to be guarded, the employer must take measures to protect the employee from injury by insulating the equipment from the employee or the employee from ground.

  • (4) If live electrical equipment is not guarded or insulated in accordance with subsection (2) or (3) or if the employee referred to in subsection (3) is not insulated from ground, an employee must not work so near to any live part of the electrical equipment that is within a voltage range set out in column 1 of an item of Schedule 3 that the distance between the body of the employee or any thing with which the employee is in contact and the live part of the equipment is less than

    • (a) the distance set out in column 2 of that item, when the employee is not a qualified person; or

    • (b) the distance set out in column 3 of that item, when the employee is a qualified person.

  • (5) An employee must not work near a live part of any electrical equipment referred to in subsection (4) if there is a hazard that an unintentional movement by the employee would bring any part ofthe employee’s body or any thing with which the employee is in contact closer to that live part than the distance referred to in that subsection.

 An employee must not work on or near high voltage electrical equipment unless the employee is authorized to do so by the employer.

 A legible sign with the words “DANGER — HIGH VOLTAGE” and “DANGER — HAUTE TENSION” in letters that are not less than 50 mm in height on a contrasting background or a symbol conveying the same meaning must be posted in a conspicuous place at every approach to live high voltage electrical equipment.

Safety Watcher

  •  (1) If an employee is working on or near live electrical equipment and, because of the nature of the work or the condition or location of the workplace, it is necessary for the safety of the employee that the work be observed by a person not engaged in the work, the employer must appoint a safety watcher

    • (a) to warn all employees in the workplace of the hazard; and

    • (b) to ensure that all safety precautions and procedures are complied with.

  • (2) Safety watchers must be

    • (a) informed of their duties as safety watchers and of the hazard involved in the work;

    • (b) trained and instructed in the procedures to follow in the event of an emergency;

    • (c) authorized to stop immediately any part of the work that they consider dangerous; and

    • (d) free of any other duties that might interfere with their duties as safety watchers.

  • (3) For the purposes of subsection (1), employers may appoint themselves as safety watchers.

Coordination of Work

 If an employee or another person, including every safety watcher, is working on or in connection with electrical equipment, the employee or other person must be fully informed by the employer with respect to the safe coordination of their work.

Isolation of Electrical Equipment

  •  (1) Before an employee isolates electrical equipment or changes or terminates the isolation of electrical equipment, the employer must issue written instructions with respect to the procedures to be followed for the safe performance of that work.

  • (2) The instructions referred to in subsection (1) must

    • (a) state the isolation procedures to be followed;

    • (b) identify the electrical equipment to which the instructions apply;

    • (c) describe any tests to be performed;

    • (d) specify particulars of the tags or signs to be used; and

    • (e) specify the protection equipment to be used.

  • (3) A tag or sign referred to in paragraph (2)(d) must

    • (a) contain the words “DO NOT OPERATE — DÉFENSE D’ACTIONNER” or display a symbol conveying the same meaning;

    • (b) show the date and time at which the electrical equipment was isolated;

    • (c) show the name of the employee performing the work or live test;

    • (d) when used in connection with a live test, be distinctively marked as a testing tag or sign;

    • (e) be removed only by the employee performing the work or live test; and

    • (f) be used for no purpose other than to notify persons that the operation or movement of the electrical equipment is prohibited during the performance of the work or live test.

  • (4) A copy of the instructions must be shown and explained to the employee.

  • (5) The instructions must be kept readily available for examination by employees at the workplace in which the electrical equipment is located.

Control Devices, Switches, Cords and Cables

  •  (1) Every control device must be so designed and located as to permit quick and safe operation at all times.

  • (2) The path of access to every electrical switch, control device or meter must be free from obstruction.

  • (3) If an electrical switch or other control device controlling the supply of electrical energy to electrical equipment is operated only by a person authorized to do so by the employer, the switch or other control device must be fitted with a locking device that only such an authorized person can activate.

  • (4) Control switches for all electrically operated machinery must be clearly marked to indicate the switch positions that correspond to the electrical circuits being controlled.

  •  (1) All electrical equipment in a hazardous location, as defined in the Canadian Electrical Code, published by the CSA, must be constructed, certified and marked in accordance with that code.

  • (1.1) However, if the hazardous location is on any ship used for construction, production or diving or for geotechnical or seismic work, the equipment must be constructed, certified and marked in accordance with the standards established by the American Bureau of Shipping, Bureau Veritas, DNV GL or Lloyd’s Register.

  • (2) Each extension cord of the electrical equipment must be equipped with a terminal that provides an interruption of the circuit before a connecting device is withdrawn.

  • SOR/2017-116, s. 14

Defective Electrical Equipment

 Defective electrical equipment that is likely to be hazardous to the health or safety of an employee must be disconnected from its power source by a means other than the control switch and notices must be placed on the equipment and at the control switch to indicate that the equipment is defective.

Electrical Fuses

  •  (1) Electrical fuses must be of the correct ampere rating and fault capacity rating for the circuit in which they are installed.

  • (2) An employee must not replace missing or burnt-out fuses unless authorized to so do by a qualified person.

Power Supply Cables

  •  (1) Power supply cables for portable electrical equipment must be placed clear of areas used for vehicles unless the cables are protected by safety devices.

  • (2) A three-wire power supply cable on electrical equipment or on an electrical appliance must not be altered or changed for the purpose of using the equipment or appliance on a two-wire power supply.

Grounded Electrical Equipment

 Grounded electrical equipment and appliances must be used only when connected to a matching electrical outlet receptacle.

PART 9Sanitation

Interpretation

 The following definitions apply in this Part.

ARI

ARI means the Air-Conditioning and Refrigeration Institute of the United States. (ARI)

change room

change room means a room that is used by employees to change from their street clothes to their work clothes and from their work clothes to their street clothes, and includes a locker room. (vestiaire)

personal service room

personal service room means a change room, toilet room, shower room, living accommodation or a combination of them. (local réservé aux soins personnels)

General

  •  (1) Every employer must ensure that each personal service room and food preparation area used by employees is maintained in a clean and sanitary condition.

  • (2) Personal service rooms and food preparation areas must be so used by employees that the rooms or areas remain in as clean and sanitary a condition as is reasonably practicable.

 All cleaning and sweeping that may cause dusty or unsanitary conditions must be carried out in a manner that prevents the contamination of the air by dust or other substances injurious to health.

 Each personal service room must be cleaned at least once every day that it is used.

 Every plumbing system that supplies potable water and removes water-borne waste must be installed and maintained by a qualified person.

  •  (1) Each enclosed part of a workplace, each personal service room and each food preparation area must be constructed, equipped and maintained in a manner that prevents the entrance of vermin.

  • (2) If vermin have entered any enclosed part of a workplace, any personal service room or any food preparation area, the employer must immediately take all steps necessary to eliminate the vermin and prevent the re-entry of the vermin.

 A person must not use a personal service room for the purpose of storing equipment unless a closet fitted with a door is provided in that room for that purpose.

 In each personal service room and food preparation area, the temperature, measured 1 m above the floor in the centre of the room or area, must be maintained at a level of not less than 18°C and, when reasonably practicable, not more than 29°C.

  •  (1) In each personal service room and food preparation area, the floors, partitions and walls must be so constructed that they can be easily washed and maintained in a sanitary condition.

  • (2) The floor and lower 150 mm of any walls and partitions in any food preparation area or toilet room must be water-tight and impervious to moisture.

Toilet Rooms

  •  (1) If reasonably practicable, a toilet room must be provided for employees and, when persons of both sexes are employed at the same workplace, a separate toilet room must be provided for employees of each sex.

  • (2) If separate toilet rooms are provided for employees of each sex, each room must be equipped with a door that is clearly marked to indicate the sex of the employees for whom the room is provided.

  • (3) If persons of both sexes use the same toilet room, the door of the toilet room must be fitted on the inside with a locking device.

  •  (1) Every toilet room must be so designed that

    • (a) it is completely enclosed with solid material that is non-transparent from the outside;

    • (b) subject to subsection (2), there is no direct access into the toilet room from a sleeping room, dining area or food preparation area;

    • (c) if reasonably practicable, there is direct access into the toilet room from a hallway; and

    • (d) if it contains more than one toilet, each toilet is enclosed in a separate compartment fitted with a door and an inside locking device.

  • (2) If a toilet room is provided as part of private living accommodation, there may be direct access to it from the sleeping quarters for which the toilet room is provided.

 Toilet paper must be provided at each toilet.

 A covered container for the disposal of sanitary napkins must be provided in each toilet room provided for the use of female employees.

Wash Basins

  •  (1) Every employer must provide wash basins in each toilet room as follows:

    • (a) if the room contains one or two toilets or urinals, one wash basin; and

    • (b) if the room contains more than two toilets or urinals, one wash basin for every additional two toilets or urinals.

  • (2) If an outdoor privy is provided, the employer must provide wash basins required by subsection (1) as close to the outdoor privy as is reasonably practicable.

  • (3) An industrial wash trough or circular wash basin of a capacity equivalent to the aggregate of the minimum capacities of the wash basins referred to in subsection (1) may be provided in place of the wash basins.

  • (4) For the purposes of subsection (3), the minimum capacity of a wash basin must be determined by reference to the applicable municipal by-laws or provincial regulations or, if there are no such by-laws or regulations, by reference to the National Plumbing Code of Canada, published by the Canadian Commission on Building and Fire Codes.

  • SOR/2017-116, s. 15

 All wash basins and industrial wash troughs and circular wash basins referred to in section 92 must be supplied with hot and cold water.

 If the health of employees is likely to be endangered by skin contact with a hazardous substance, the employer must provide wash facilities to clean the skin and aid in the removal of the hazardous substance.

 In every personal service room that contains a wash basin or an industrial wash trough or circular wash basin, the employer must provide

  • (a) powdered or liquid soap or other cleaning agent in a dispenser at each wash basin or trough or between adjoining wash basins;

  • (b) sufficient sanitary hand drying facilities to serve the number of employees using the personal service room; and

  • (c) a non-combustible container for the disposal of used towels when disposable towels are provided for drying hands.

Showers and Shower Rooms

  •  (1) A shower room with at least one shower head for every 10 employees or portion of that number must be provided for employees who regularly perform strenuous physical work in a high temperature or high humidity or whose bodies may be contaminated by a hazardous substance.

  • (2) Every shower stall must be constructed and arranged in such a way that water cannot leak through the walls or floors.

  • (3) Every shower must be provided with hot and cold water, soap or other cleaning agents, and a clean towel.

  • (4) If duck boards are used in showers, they must not be made of wood.

Potable Water

 Every employer must provide potable water for drinking, personal washing and food preparation that meets the standards set out in the Guidelines for Canadian Drinking Water Quality, published by Health Canada.

  • SOR/2017-116, s. 16

 If water is transported for drinking, personal washing or food preparation, only sanitary water containers must be used.

 If a storage container for drinking water is used,

  • (a) the container must be securely covered and labelled that it contains potable water;

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

  • (c) the water must 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.

 Except when drinking water is supplied by a drinking fountain, sanitary single-use drinking cups must be provided.

 Any ice that is added to drinking water or used for the contact refrigeration of foodstuffs must be made from potable water and must be so stored and handled as to prevent contamination.

 If drinking water is supplied by a drinking fountain, the fountain must meet the standards set out in ARI Standard 1010, Self-Contained, Mechanically-Refrigerated Drinking-Water Coolers.

  • SOR/2017-116, s. 17

Living Accommodation

 All living accommodation must meet the following standards:

  • (a) it must be so constructed that it can easily be cleaned and disinfected;

  • (b) the food preparation area and dining area must be separated from the sleeping quarters;

  • (c) if a water plumbing system is provided, the system must operate under sanitary conditions;

  • (d) garbage disposal facilities must be provided to prevent the accumulation of garbage;

  • (e) toilet rooms and outdoor privies must be maintained in a sanitary condition; and

  • (f) vermin prevention, heating, ventilation and sanitary sewage systems must be provided.

Sleeping Quarters

  •  (1) In any living accommodation provided as sleeping quarters for employees,

    • (a) a separate bed or bunk that is not part of a unit that is more than double-tiered and is so constructed that it can be easily cleaned and disinfected must be provided for each employee;

    • (b) mattresses, pillows, sheets, pillow cases, blankets, bed covers and sleeping bags must be kept in a clean and sanitary condition; and

    • (c) a storage area fitted with a locking device must be provided for each employee.

  • (2) Sufficient individual sleeping quarters in a field accommodation are provided such that the maximum number of employees sleeping in one room is not more than

    • (a) 2 for a production facility; and

    • (b) 4 for any other marine installation or structure.

Preparation, Handling, Storage and Serving of Food

  •  (1) Each food handler must be instructed and trained in food handling practices that prevent the contamination of food.

  • (2) A person who is suffering from a communicable disease must not work as a food handler.

 If food is served in a workplace, the employer must adopt and implement a food safety program that is in accordance with the Guide to Food Safety published by the Canadian Food Inspection Agency.

  • SOR/2017-116, s. 18
  •  (1) Foods that require refrigeration to prevent them from becoming hazardous to health must be maintained at a temperature of 4°C or lower.

  • (2) Foods that require freezing must be maintained at a temperature of -11°C or lower.

 All equipment and utensils that come into contact with food must be

  • (a) designed to be easily cleaned;

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

  • (c) cleaned and stored to maintain their surfaces in a sanitary condition.

 A person must not eat, prepare or store food

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

  • (b) in a personal service room that contains a toilet, urinal or shower; or

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

Food Waste and Garbage

  •  (1) Food waste and garbage must be removed daily from personal service rooms and food preparation areas.

  • (2) Food waste and garbage must be disposed of by a sanitary drainage system, held in a garbage container or incinerated.

  • (3) Every employer must adopt and implement a procedure that requires that combustible garbage not be incinerated unless precautions have been taken to ensure that the fire does not endanger employees, the safety of the workplace or the integrity of any equipment.

 Garbage containers must be

  • (a) maintained in a clean and sanitary condition;

  • (b) cleaned and disinfected in an area separate from personal service rooms and food preparation areas;

  • (c) if there may be internal pressure in the container, so designed that the pressure is relieved by controlled ventilation;

  • (d) constructed of a non-absorbent material and provided with a tight-fitting top;

  • (e) located in an area that is inaccessible to animals; and

  • (f) if liquids, wet materials or food waste are disposed of in them, leakproof.

Dining Areas

 Every dining area provided by the employer must be

  • (a) of sufficient size to allow seating and table space for the employees who normally use the dining area at any one time;

  • (b) provided with non-combustible covered receptacles for the disposal of food waste or garbage; and

  • (c) separated from any place where a hazardous substance may contaminate food, dishes or utensils.

Ventilation

 The intake or exhaust duct for a ventilation system must be so located that no employee may be exposed to any hazardous substance drawn in or exhausted through the duct.

Clothing Storage

 Clothing storage facilities must be provided by the employer for the storage of overcoats and other clothes not worn by employees while they are working.

  •  (1) A change room must be provided by the employer if

    • (a) the nature of the work engaged in by an employee makes it necessary for the employee to change from street clothes to work clothes for health or safety reasons; or

    • (b) an employee is regularly engaged in work in which his work clothing becomes wet or contaminated by a hazardous substance.

  • (2) If wet or contaminated work clothing referred to in paragraph (1)(b) is changed, it must be stored in such a manner that it does not come in contact with clothing that is not wet or contaminated.

  • (3) An employee must not leave the workplace wearing clothing contaminated by a hazardous substance.

  • (4) Every employer must supply facilities for the drying or cleaning of wet or contaminated clothing referred to in paragraph (1)(b).

PART 10Hazardous Substances

Interpretation

 The following definitions apply in this Part.

hazard information

hazard information means, in respect of a hazardous substance, information on the proper and safe storage, handling and use of the hazardous substance, including information relating to its toxicological properties. (renseignements sur les dangers)

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 per volume of air, and

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

product identifier

product identifier means, in respect of a hazardous substance, the brand name, code name or code number specified by the supplier or employer or the chemical name, common name, generic name or trade name. (identificateur du produit)

supplier

supplier means a person who is a manufacturer, processor or packager of a hazardous substance or a person who, in the course of business, imports or sells a hazardous substance. (fournisseur)

Application

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

DIVISION 1General

Hazard Investigation

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

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

    • (b) notify the committee or coordinator of the proposed investigation and of the name of the qualified person appointed to carry out that investigation.

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

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

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

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

    • (d) the state, concentration and quantity of the hazardous substance handled;

    • (e) the manner in which the hazardous substance is handled;

    • (f) the control methods used to eliminate or reduce exposure;

    • (g) the possibility that the concentration of the hazardous substance to which an employee is likely to be exposed exceeds a value or percentage referred to in section 135 or 136;

    • (h) the possibility that the level of lighting in the workplace is less than the level prescribed in Part 6; and

    • (i) the possibility that the level of sound in the workplace is greater than the level prescribed in Part 7.

 On completion of the investigation referred to in subsection 118(1) and after consultation with the committee or the coordinator, the qualified person must set out in a written report signed by the qualified person

  • (a) the qualified person’s observations respecting the criteria considered in accordance with subsection 118(2); and

  • (b) the qualified person’s recommendations respecting the manner of compliance with sections 121 to 140.

 The report referred to in section 119 must be kept by the employer at the workplace to which it applies for one year after the date on which the qualified person signed the report.

Substitution of Substances

  •  (1) A hazardous substance must not be used for any purpose in a workplace if it is reasonably practicable to substitute for that substance a substance that is not a hazardous substance.

  • (2) If a hazardous substance is required to be used for any purpose in a workplace and an equivalent substance that is less hazardous is available to be used for that purpose, the equivalent substance must be substituted for the hazardous substance if it is reasonably practicable to do.

Ventilation

 Every ventilation system used to control the concentration of an airborne hazardous substance must be so designed, constructed and installed that

  • (a) if the hazardous substance is a chemical agent, the concentration of the chemical agent does not exceed the values, levels and percentages prescribed in sections 135 and 136; and

  • (b) if the hazardous substance is not a chemical agent, the concentration of the hazardous substance is not hazardous to the health or safety of employees.

Air Pressure

  •  (1) Subject to subsection (2), if there is a likelihood that explosive or toxic vapours may enter an enclosed workplace or living accommodation, the air pressure in the workplace or living accommodation must, if reasonably practicable, be maintained positive in relation to the air pressure in the surrounding area.

  • (2) If there is a source of explosive or toxic vapours at a workplace, the air pressure in the area of the source must be maintained negative with respect to any adjacent enclosed area.

Warnings

 If reasonably practicable, automated warning and detection systems must be provided by the employer when the seriousness of any exposure to a hazardous substance so requires.

Storage, Handling and Use

 Every hazardous substance stored, handled or used in a workplace must be stored, handled and used in a manner in which the hazard related to that substance is reduced to a minimum.

 Subject to section 129, when a hazardous substance is stored, handled or used in a workplace, any hazard resulting from that storage, handling or use must be confined to as small an area as reasonably practicable.

  •  (1) Every container for a hazardous substance that is used in a workplace must be so designed and constructed that it protects the employees from any health or safety hazard that is created by the hazardous substance.

  • (2) If a container referred to in subsection (1) is emptied and is not to be refilled with the hazardous substance, it must be completely cleaned of the hazardous substance that was stored in it before being reused and the label identifying the hazardous substance must be removed.

 The quantity of a hazardous substance used or processed in a workplace must, to the extent reasonably practicable, be kept to a minimum.

 If a hazardous substance is capable of combining with another substance to form an ignitable combination and a hazard of ignition of the combination by static electricity exists, the employer must adopt and implement the standards set out in the United States National Fire Protection Association publication NFPA 77, Recommended Practice on Static Electricity.

  • SOR/2017-116, s. 19

Warning of Hazardous Substances

  •  (1) If a hazardous substance is stored in a workplace, signs must be posted in conspicuous places warning of the presence of the hazardous substance.

  • (2) Hazard information in respect of hazardous substances that are, or are likely to be, present in a workplace must be readily available for examination at the workplace.

Assembly of Pipes

 Every assembly of pipes, pipe fittings, valves, safety devices, pumps, compressors and other fixed equipment that is used for transferring a hazardous substance from one location to another must be

  • (a) labelled to identify the hazardous substance transferred there;

  • (b) fitted with valves and other control and safety devices to ensure its safe operation;

  • (c) inspected by a qualified person before it is placed in service and once a year after that; and

  • (d) maintained and repaired by a qualified person.

Employee Education

  •  (1) Every employer must, in consultation with the committee or the coordinator, develop and implement an employee education program with respect to hazard prevention and control at the workplace.

  • (2) The employee education program referred to in subsection (1) must include

    • (a) the instruction of each employee who handles or is exposed to or 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 of the hazardous substance or by the employer on a material safety data sheet or on a label,

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

      • (iv) the observations referred to in paragraph 119(a),

      • (v) the information disclosed on the material safety data sheet referred to in section 142 and the purpose and significance of that information,

      • (vi) in respect of controlled products in the workplace, the information required to be disclosed on a material safety data sheet and on a label under Division III and the purposes and significance of that information, and

      • (vii) the information referred to in subsection 130(2);

    • (b) the instruction and training of each employee who operates, maintains or repairs an assembly of pipes referred to in section 131 with respect to

      • (i) every valve and other control and safety device connected to the assembly of pipes, and

      • (ii) the procedures to follow for the proper and safe use of the assembly of pipes;

    • (c) the instruction and training of each employee referred to in paragraphs (a) and (b) with respect to

      • (i) the procedures to follow to implement the provisions of sections 125, 126 and 129, and

      • (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

    • (d) if the employer makes a computerized version of a material safety data sheet available in accordance with subsection 148(2), the training of each employee in accessing that material safety data sheet.

  • (3) Every employer must, in consultation with the committee or the coordinator, review the employee education program referred to in subsection (1) and, if necessary, revise it

    • (a) at least once a year;

    • (b) whenever there is a change in conditions in respect of the hazardous substances in the workplace; and

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

 A written record of the employee education program referred to in subsection 132(1) must be kept by the employer readily available for examination by employees for as long as the employees

  • (a) handle or are exposed to or are likely to handle or be exposed to the hazardous substance; or

  • (b) operate, maintain or repair the assembly of pipes.

Medical Examinations

  •  (1) If the report referred to in section 119 contains a recommendation for a medical examination, the employer may, regarding that recommendation, consult a physician who has specialized knowledge in respect of the hazardous substance in the workplace.

  • (2) If the employer does not consult a physician, or if the employer does consult a physician and the physician confirms the recommendation for a medical examination, the employer must not permit an employee to work with the hazardous substance in the workplace until a physician who has the specialized knowledge referred to in subsection (1) and is acceptable to the employee has examined the employee and declared the employee fit for work with the hazardous substance.

  • (3) If an employer consults a physician, the employer must keep a copy of the decision of the physician with the report referred to in section 119.

  • (4) The cost of a medical examination must be borne by the employer.

Control of Hazards

  •  (1) An employee must not be exposed to a concentration of

    • (a) an airborne chemical agent, other than grain dust, 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 and Biological Exposure Indices;

    • (b) airborne grain dust, respirable and non-respirable, in excess of 10 mg/m3; or

    • (c) an airborne hazardous substance, other than a chemical agent, that is hazardous to the health and safety of the employee.

  • (2) If there is a likelihood that the concentration of an airborne chemical agent may exceed the value referred to in paragraph (1)(a) or (b), the air must be sampled and the concentration of the chemical agent determined by a qualified person by a test in accordance with

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

    • (b) a method set out in the United States Federal Register, volume 40, number 33, dated February 18, 1975, as amended by volume 41, number 53, dated March 17, 1976.

  • (3) A record of each test made under subsection (2) must be kept by the employer at the employer’s place of business nearest to the workplace where the air was sampled for two years after the date of the test.

  • (4) The record must include

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

    • (b) the chemical agent for which the test was made;

    • (c) the sampling and testing method used;

    • (d) the result obtained; and

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

  • SOR/2017-116, s. 20
  •  (1) Subject to subsections (2) and (3), the concentration of an airborne chemical agent or combination of chemical agents in a workplace must 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 the concentration of an airborne chemical agent or combination of chemical agents in a workplace, that concentration must not exceed 10% of the lower explosive limit of the chemical agent or combination of chemical agents.

  • (3) Subsection (1) does not apply if

    • (a) the workplace is a hazardous location as defined in the Canadian Electrical Code, published by the CSA;

    • (b) the workplace is equipped with an alarm system that will automatically be activated when the concentration referred to in subsection (1) exceeds 60% of the lower explosive limit of the chemical agent or combination of chemical agents; and

    • (c) no employee is exposed to a level in excess of 75% of the lower explosive limit of the chemical agent or combination of chemical agents.

  • SOR/2017-116, s. 21
  •  (1) Compressed air must be used in such a manner that the air is not directed forcibly against any person.

  • (2) When compressed air is used, its use must not result in a concentration of a hazardous substance in the atmosphere in excess of the value for the hazardous substance prescribed in subsection 135(1).

Explosives

  •  (1) A detonator must not be stored with an explosive that is not a detonator.

  • (2) A detonator must not be stored with a detonator of a different type.

  • (3) Not more than 75 kg of explosives must be stored on a drilling unit or offshore production facility.

  • (4) Explosives must be stored in a locked container that is accessible only to a qualified person.

  •  (1) Explosives must be used, stored and controlled by a qualified person.

  • (2) The qualified person must make a record of all explosives used or stored by the qualified person or removed for use.

  • (3) The record must be kept readily accessible at the workplace and must contain

    • (a) the type and amount of explosives used, stored or removed for use;

    • (b) the date of use, storage or removal;

    • (c) particulars of the use of the explosive; and

    • (d) the name of the qualified person who made the record.

Radiation-Emitting Devices

  •  (1) When a device that is capable of producing and emitting energy in the form of electromagnetic waves or acoustical waves is used in a workplace, the employer must, if the device is referred to in subsection (2), adopt and implement the applicable safety code of the Health Canada’s Radiation Protection Bureau as specified in that subsection.

  • (2) For the purposes of subsection (1), the applicable safety code is

    • (a) in respect of radiofrequency and microwave devices in the frequency range 10 MHz to 300 GHz, Safety Code 6;

    • (b) in respect of X-ray equipment in medical diagnosis, Safety Code 35;

    • (c) in respect of baggage inspection X-ray equipment, Safety Code – 29;

    • (d) in respect of dental X-ray equipment, Safety Code – 30;

    • (e) in respect of ultrasound, Guidelines for the Safe Use of Diagnostic Ultrasound and Safety Code 24; and

    • (f) in respect of short-wave diathermy, Safety Code 25.

  • SOR/2017-116, s. 22

DIVISION 2Hazardous Substances Other Than Controlled Products

Identification

 Every container of a hazardous substance, other than a controlled product, that is stored, handled or used in the workplace must be labelled in a manner that discloses clearly the name of the substance and the hazardous properties of the substance.

 If a material safety data sheet pertaining to a hazardous substance, other than a controlled product, that is stored, handled or used in a workplace may be obtained from the supplier of the hazardous substance, the employer must

  • (a) obtain a copy of the material safety data sheet; and

  • (b) keep a copy of the material safety data sheet readily available in the workplace for examination by employees.

DIVISION 3Controlled Products

Interpretation

 The following definitions apply in this Division.

bulk shipment

bulk shipment means a shipment of a controlled product that is contained, without intermediate containment or intermediate packaging, in

  • (a) a tank with a water capacity of more than 454 L;

  • (b) a freight container or a portable tank;

  • (c) a road vehicle, railway vehicle or ship; or

  • (d) a pipeline. (expédition en vrac)

fugitive emission

fugitive emission means a controlled product in gas, liquid or solid form that escapes from processing equipment, from control emission equipment or from a product. (émission fugitive)

hazardous waste

hazardous waste means a controlled product that is intended solely for disposal or is sold for recycling or recovery. (résidu dangereux)

manufactured article

manufactured article means any article that is formed to a specific shape or design during manufacture, the intended use of which when in that form is dependent in whole or in part on its shape or design, and that, under normal conditions of use, will not release or otherwise cause a person to be exposed to a controlled product. (article manufacturé)

readily available

readily available means present in an appropriate place in a physical copy form that can be handled. (facilement accessible)

risk phrase

risk phrase means, in respect of a controlled product, a statement identifying a hazard that may arise from the use of or exposure to the controlled product. (mention de risque)

sale

sale includes offer for sale, expose for sale and distribute. (vente)

supplier label

supplier label means, in respect of a controlled product, a label prepared by a supplier under the Hazardous Products Act. (étiquette du fournisseur)

supplier material safety data sheet

supplier material safety data sheet means, in respect of a controlled product, a material safety data sheet prepared by a supplier under the Hazardous Products Act. (fiche signalétique du fournisseur)

workplace label

workplace label means, in respect of a controlled product, a label prepared by an employer under this Division. (étiquette du lieu de travail)

workplace material safety data sheet

workplace material safety data sheet means, in respect of a controlled product, a material safety data sheet prepared by an employer under subsection 147(1) or (2). (fiche signalétique du lieu de travail)

Application

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

    • (a) wood or product made of wood;

    • (b) tobacco or product made of tobacco; or

    • (c) manufactured article.

  • (2) This Division, other than section 157, does not apply in respect of hazardous waste.

Material Safety Data Sheets and Labels in Respect of Certain Controlled Products

 Subject to section 156, every employer must adopt and implement the provisions of sections 141 and 142 in respect of a controlled product and may, in so doing, replace the name of the substance with the product identifier, when the controlled product is a controlled product that

Supplier Material Safety Data Sheets

  •  (1) If a controlled product, other than a controlled product referred to in paragraph 145(c), is received by an employer, the employer must, at the time the controlled product is received in the workplace, obtain from the supplier of the controlled product a supplier material safety data sheet, unless the employer has in the employer’s possession a supplier material safety data sheet that

    • (a) is for a controlled product that has the same product identifier;

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

    • (c) was prepared and dated not more than three years before the date that the controlled product is received.

  • (2) If there is a controlled product in a workplace and the supplier material safety data sheet pertaining to the controlled product is three years old, the employer must, if reasonably practicable, obtain from the supplier an up-to-date supplier material safety data sheet.

  • (3) If it is not reasonably practicable for an employer to obtain an up-to-date supplier material safety data sheet referred to in subsection (2), the employer must update the hazard information on the most recent supplier material safety data sheet that the employer has received on the basis of the ingredients disclosed in that supplier material safety data sheet.

  • (4) If a controlled product is received in a workplace that is a laboratory, the employer is excepted from the requirements of subsection (1) if the controlled product

    • (a) originates from a laboratory supply house;

    • (b) is intended for use in a laboratory;

    • (c) is packaged in a container in a quantity of less than 10 kg; and

    • (d) is packaged in a container that has applied to it a supplier label.

Workplace Material Safety Data Sheets

  •  (1) Subject to section 156, if an employer produces a controlled product, other than a fugitive emission, in a workplace or imports into Canada a controlled product and brings it into a workplace, the employer must prepare a workplace material safety data sheet in respect of the controlled product that discloses the information required to be disclosed under subparagraphs 210.022(e)(i) to (iv) of the Act.

  • (2) Subject to section 156, if an employer receives a supplier material safety data sheet, the employer may prepare a workplace material safety data sheet to be used in the workplace in place of the supplier material safety data sheet if

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

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

    • (c) the supplier material safety data sheet is available for examination by employees in the workplace; and

    • (d) the workplace material safety data sheet discloses that the supplier material safety data sheet is available in the workplace.

  • (3) If an employer produces, in a workplace that is a laboratory supply house, or imports into Canada and brings into such a workplace, a controlled product that is intended to be used in a laboratory, the employer is exempted from the requirements of subsection (1) if the employer

    • (a) packages the controlled product in containers in quantities of less than 10 kg per container; and

    • (b) subject to section 156, discloses on the label of the container of the controlled product the information required to be disclosed under section 153.

  • (4) The employer must update the workplace material safety data sheet referred to in subsection (1) or (2) or the label referred to in paragraph (3)(b)

    • (a) as soon as reasonably practicable in the circumstances but not later than 90 days after new hazard information becomes available to the employer; and

    • (b) at least every three years.

  • (5) If the information required to be disclosed under this section is not available to the employer or not applicable to the controlled product, the employer must replace the information by 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 material safety data sheet.

Availability of Material Safety Data Sheets

  •  (1) Subject to subsection (2), every employer, other than an employer referred to in subsection 146(4), must keep readily available for examination by employees and by the committeeor the coordinator, in any workplace in which an employee may handle or be exposed to a controlled product, a copy in English and in French of

    • (a) in the case of an employer who is an employer referred to in subsection 147(1) or (2), the workplace material safety data sheet; and

    • (b) in any other case, the supplier material safety data sheet.

  • (2) In place of keeping a material safety data sheet in the manner required under subsection (1), an employer may make a computerized version of the material safety data sheet available in English and in French for examination by employees and by the committee or the coordinator by means of a computer if the employer

    • (a) takes all reasonable steps to keep the computer in working order;

    • (b) provides the training referred to in paragraph 132(2)(d) to the employees and to the committee or to the coordinator; and

    • (c) on the request of an employee or the committee or the coordinator, makes the material safety data sheet readily available to the employee or the committee.

Labels

  •  (1) Subject to sections 151 to 153, each controlled product, other than a controlled product referred to in paragraph 145(c), in a workplace and each container in which such a controlled product is contained in a workplace must, if the controlled product or the container was received from a supplier,

    • (a) in the case of a controlled product that was received in a bulk shipment, be accompanied by a supplier label;

    • (b) in the case of an employer who has undertaken in writing to the supplier to apply a label to the inner container of the controlled product, have applied

      • (i) to the outer container a supplier label, and

      • (ii) as soon as reasonably practicable after the controlled product is received from the supplier, to the inner container a supplier label; and

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

  • (2) Subject to sections 151 to 153 and 156, when a controlled product, other than a controlled product referred to in paragraph 145(c), is received from a supplier and an employer places the controlled product in the workplace in a container other than the container in which it was received from the supplier, the employer must apply to the container a supplier label or a workplace label that discloses the information referred to in paragraphs 150(1)(a) to (c).

  • (3) Subject to sections 155 and 156, a person must not remove, deface, modify or alter the supplier label applied to

    • (a) a controlled product that is in the workplace; or

    • (b) a container of a controlled product that is in the workplace.

  •  (1) Subject to section 152, if an employer produces a controlled product, other than a fugitive emission, in a workplace or imports into Canada a controlled product and brings it into a workplace, and the controlled product is not in a container, the employer must disclose the following information on a workplace label applied to the controlled product or on a sign posted in a conspicuous place in the workplace:

    • (a) the product identifier;

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

    • (c) a statement indicating that a workplace material safety data sheet for the controlled product is available in the workplace.

  • (2) Subject to sections 151 to 153, when an employer produces a controlled product, other than a fugitive emission, in a workplace, or imports into Canada a controlled product and brings it into a workplace, and places the controlled product in a container, the employer must apply to the container a workplace label that discloses the information referred to in paragraphs (1)(a) to (c).

  • (3) Subsection (2) does not apply in respect of a controlled product that is

    • (a) intended for export; or

    • (b) packaged in a container for sale in Canada, if the container is or is in the process of being appropriately labelled for that purpose.

Portable Containers

 If an employer stores a controlled product in the workplace in a container that has applied to it a supplier label or a workplace label, a portable container filled from that container does not have to be labelled in accordance with section 149 or 150 if

  • (a) the controlled product is required for immediate use; or

  • (b) the following conditions apply in respect of the controlled product:

    • (i) it is under the control of and used exclusively by the employee who filled the portable container,

    • (ii) it is used only during the work shift in which the portable container was filled, and

    • (iii) it is clearly identified by a workplace label applied to the portable container that discloses the product identifier.

Special Cases

 An employer must, in a conspicuous place near a controlled product, post a sign in respect of the controlled product that discloses the product identifier if the controlled product is

  • (a) in a process, reaction or storage vessel;

  • (b) in a continuous-run container;

  • (c) a bulk shipment that is not placed in a container at the workplace; or

  • (d) not in a container and stored in bulk.

Laboratories

 The label of the container of a controlled product in a laboratory must disclose

  • (a) if the controlled product is used exclusively in the laboratory, the product identifier;

  • (b) if the controlled product is a mixture or substance undergoing an analysis, test or evaluation in the laboratory, the product identifier; and

  • (c) if the controlled product originates from a laboratory supply house and was received in a container containing a quantity of less than 10 kg, the following information:

    • (i) the product identifier,

    • (ii) if a material safety data sheet is available, a statement to that effect,

    • (iii) risk phrases that are appropriate to the controlled product,

    • (iv) precautionary measures to be followed when handling, using or being exposed to the controlled product, and

    • (v) if appropriate, first aid measures to be taken in case of exposure to the controlled product.

Signs

 The information disclosed on a sign referred to in subsection 150(1), section 152 or paragraph 157(b) must be of such a size that it is clearly legible to the employees in the workplace.

Replacing Labels

 If, in a workplace, a label applied to a controlled product or a container of a controlled product becomes illegible or is removed from the controlled product or the container, the employer must replace the label with a workplace label that discloses the following information:

  • (a) the product identifier;

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

  • (c) a statement indicating that a material safety data sheet for the controlled product is available in the workplace.

Exemptions from Disclosure

  •  (1) Subject to subsection (2), if an employer has filed a claim under subsection 11(2) of the Hazardous Materials Information Review Act for exemption from the requirement to disclose information on a material safety data sheet or on a label, the employer must 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 that the claim for exemption was filed and the registry number assigned to the claim under the Hazardous Materials Information Review Act; 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) If a claim for exemption referred to in subsection (1) is in respect of the chemical name, common name, generic name, trade name or brand name of a controlled product, the employer must, on the material safety data sheet or label of the controlled product, replace that information with a code name or code number specified by the employer as the product identifier for that controlled product.

Hazardous Waste

 If a controlled product in the workplace is hazardous waste, the employer must clearly identify it as hazardous waste 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.

Information Required in a Medical Emergency

 For the purposes of subsection 210.023 of the Act, a medical professional is a registered nurse registered or licensed under the laws of a province or a medic.

PART 11Confined Spaces

Interpretation

 In this Part, confined space means a storage tank, process vessel, ballast tank or other enclosure not designed or intended for human occupancy, except for the purpose of performing work,

  • (a) that has poor ventilation;

  • (b) in which there may be an oxygen-deficient atmosphere; or

  • (c) in which there may be an airborne hazardous substance. (espace clos)

General

  •  (1) If a person is about to enter into a confined space, the employer must appoint a qualified person to verify by tests that

    • (a) the concentration of any chemical agent in the confined space to which the person is likely to be exposed does not exceed the value referred to in subsection 135(1), and does not exceed the percentage referred to in section 136.

    • (b) the concentration of airborne hazardous substances, other than chemical agents, in the confined space is not hazardous to the health or safety of the person;

    • (c) the percentage of oxygen in the atmosphere in the confined space is not less than 18% by volume and not more than 23% by volume at normal atmospheric pressure and the partial pressure of oxygen is not less than 135 mm Hg in any case;

    • (d) the level or percentage referred to in paragraphs (a) to (c) can be maintained during the period of proposed occupancy of the confined space by the person;

    • (e) any liquid in which a person may drown or any free-flowing solid in which a person may become entrapped has been removed to the extent that is reasonably practicable from the confined space;

    • (f) the entry of any liquid, free-flowing solid or hazardous substance into the confined space has been prevented by a secure means of disconnection or the fitting of blank flanges;

    • (g) all electrical and mechanical equipment that presents a hazard to a person entering into, exiting from or occupying the confined space has been disconnected from its power source and locked out; and

    • (h) the opening for entry into and exit from the confined space is sufficient in size to allow safe passage of a person who is using protection equipment.

  • (2) The qualified person referred to in subsection (1) must, in a written report signed by the qualified person,

    • (a) set out

      • (i) the location of the confined space,

      • (ii) a record of the results of the tests made in accordance with subsection (1), and

      • (iii) an evaluation of the hazards of the confined space;

    • (b) if the employer has established procedures to be followed by a person entering into, exiting from or occupying the confined space, identify which of those procedures are to be followed;

    • (c) if the employer has not established procedures referred to in paragraph (b), set out the procedures to be followed by a person referred to in that paragraph;

    • (d) identify the protection equipment referred to in Part 8 that is to be used by every person granted access to the confined space;

    • (e) identify which of the procedures are to be followed if the employer has established emergency procedures to be followed in the event of an accident or other emergency in or near the confined space, including immediate evacuation of the confined space when

      • (i) an alarm is activated, or

      • (ii) there is any significant change in the value, level or percentage referred to in subsection (1);

    • (f) if the employer has not established emergency procedures referred to in paragraph (e), set out emergency procedures to be followed, including immediate evacuation of the confined space in the circumstances referred to in that paragraph; and

    • (g) specify the protection equipment, emergency equipment and any additional equipment to be used by an employee who undertakes rescue operations in the event of an accident or other emergency.

  • (3) The employer must provide to each person granted access to the confined space the protection equipment referred to in subsection (2).

  • (4) The written report referred to in subsection (2) and any procedures identified in the report must be explained to an employee who is about to enter into the confined space, other than the qualified person referred to in subsection (1), and the employee must acknowledge by signing a dated copy of the report that the employee has read the report and that the report and the procedures were explained to the employee.

  • (5) The employee referred to in subsection (4) must be instructed and trained in the procedures and in the use of the protection equipment referred to in subsection (2).

  • (6) Every employee who enters into, exits from or occupies the confined space must follow the procedures and use the protection equipment referred to in subsection (2).

 If the conditions set out in paragraphs 160(1)(a), (c), (e) and (f) in the confined space or the nature of the work to be performed in the confined space are such that those paragraphs cannot be complied with, the following procedures apply:

  • (a) a qualified person trained in the procedures referred to in subsection 160(2) must be

    • (i) in attendance outside the confined space,

    • (ii) in communication with the person inside the confined space, and

    • (iii) provided with a suitable alarm device for summoning assistance;

  • (b) every person granted access to the confined space must be provided with and trained in the use of the protection equipment referred to in subsection 160(2);

  • (c) every employee entering into, exiting from and occupying the confined space must wear a safety harness that is securely attached to a life line that is attached to a secure anchor outside the confined space and is controlled by the qualified person referred to in paragraph (a)

  • (d) two or more employees must be in the immediate vicinity of the confined space to assist in the event of an accident or other emergency; and

  • (e) one of the employees referred to in paragraph (d) must

    • (i) be trained in the emergency procedures referred to in subsection 160(2),

    • (ii) be a first aid attendant who has successfully completed a CPR course, and

    • (iii) be provided with the protection equipment and emergency equipment referred to in subsection 160(2).

  • SOR/2017-116, s. 23

 Before a confined space is sealed, the person in charge of the area surrounding the confined space must ascertain that no person is inside the confined space.

Hot Work Operations

  •  (1) Hot work must not be performed in a confined space when an explosive or flammable hazardous substance may be present unless a qualified person has determined that the work can be safely performed in the confined space.

  • (2) When hot work is to be performed in a confined space,

    • (a) a qualified person must patrol the area surrounding the confined space and maintain a fire protection watch there until all hazard of fire is passed; and

    • (b) fire extinguishers must be provided in the area referred to in paragraph (a).

Ventilation Equipment

  •  (1) If a hazardous substance may be produced by hot work in a confined space,

    • (a) the confined space must be ventilated in accordance with subsection (2); or

    • (b) every employee who enters into, exits from and occupies the confined space must use a respiratory protective device that meets the requirements of section 173.

  • (2) If an airborne hazardous substance or oxygen in the atmosphere in a confined space is maintained at the value, level or percentage prescribed in subsection 160(1) by the use of ventilation equipment, a person must not be granted access to the confined space unless

    • (a) the ventilation equipment is

      • (i) equipped with an alarm that will, if the equipment fails, be activated automatically and be audible or visible to any person in the confined space, or

      • (ii) monitored by an employee who is in constant attendance at the equipment; and

    • (b) in the event of failure of the ventilation equipment, sufficient time will be available for the person to escape from the confined space before

      • (i) the person’s exposure to or the concentration of a hazardous substance in the confined space exceeds the value, level or percentage prescribed in paragraph 160(1)(a) or (b), or

      • (ii) the percentage of oxygen in the atmosphere ceases to meet the requirements of paragraph 160(1)(c).

  • (3) The employee referred to in subparagraph (2)(a)(ii) must activate an alarm in the event of failure of the ventilation equipment.

Reports and Procedures

 The written report referred to in subsection 160(2) must be kept by the employer for one year after the date on which the qualified person signs the report.

 When the employer establishes procedures or emergency procedures referred to in paragraph 160(2)(b) or (e), the employer must keep a copy of them at the employer’s place of business nearest to the workplace in which the confined space is located.

PART 12Protection Equipment

General

 Every person granted access to the workplace who is exposed to that hazard must use the protection equipment prescribed by this Part if

  • (a) it is not reasonably practicable to eliminate or control the hazard in a workplace within safe limits; and

  • (b) the use of protection equipment may prevent or reduce injury from the hazard.

 All protection equipment

  • (a) must be designed to protect the person from the hazard for which it is provided; and

  • (b) must not in itself create a hazard.

 All protection equipment provided by the employer must

  • (a) be maintained, inspected and tested by a qualified person; and

  • (b) if necessary to prevent a health hazard, be maintained in a clean and sanitary condition by a qualified person.

Protective Headwear

 If there is a hazard of head injury in a workplace, the employer must provide to every person granted access protective headwear that meets the standards set out in CSA Standard Z94.1, Industrial Protective Headwear – Performance, Selection, Care and Use.

  • SOR/2017-116, s. 24

Protective Footwear

  •  (1) If there is a hazard of a foot injury or electric shock through footwear in a workplace, the employer must provide to every person granted access protective footwear that meets one of the following standards:

    • (a) CSA Standard Z195, Protective Footwear;

    • (b) ASTM International F2413, Standard Specification for Performance Requirements for Protective (Safety) Toe Cap Footwear;

    • (c) ANSI Standard Z41, Personal Protection – Protective Footwear; or

    • (d) ISO 20345, Personal protective equipment – Safety footwear.

  • (2) If there is a hazard of slipping in a workplace, non-slip footwear must be used.

  • SOR/2017-116, s. 25

Eye and Face Protection

 If there is a hazard of injury to the eyes, face, ears or front of the neck of an employee in a workplace, the employer must provide to every person granted access eye or face protectors that meet the standards set out in CSA Standard Z94.3, Eye and Face Protectors.

  • SOR/2017-116, s. 26

Respiratory Protection

  •  (1) Subject to subsection (4), if there is a hazard of an airborne hazardous substance or an oxygen-deficient atmosphere in a workplace, the employer must provide to every person granted access a respiratory protective device that is listed in the United States National Institute for Occupational Safety and Health’s NIOSH Certified Equipment List.

  • (2) A respiratory protective device referred to in subsection (1) must be selected, fitted, cared for, used and maintained in accordance with the standards set out in CSA Standard CAN/CSA Z94.4, Selection, Use and Care of Respirators.

  • (3) If air is provided for the purpose of a respiratory protective device, the air must meet the standards set out in CSA Standard Z180.1, Compressed Breathing Air and Systems and the system that supplies air must be constructed, tested, operated and maintained in accordance with that standard.

  • (4) If there is a likelihood of exposure to hydrogen sulphide or combustible gases at a drilling rig, drilling unit or production facility, the employer must provide, at a readily accessible location

    • (a) on the drill floor, at least one self-contained positive pressure breathing device for each employee normally employed on the drill floor or an air manifold equipped with a face mask for each such employee;

    • (b) at least two portable hydrogen sulphide detectors; and

    • (c) at least two portable combustible gas detectors.

  • (5) If employee sleeping quarters are located adjacent to a drilling rig or on a drilling unit or production facility, at least four self-contained positive pressure breathing devices must be located in a readily accessible location.

  • (6) A person who may be required to use a respiratory protective device must not have hair that interferes with the functioning of the breathing device.

  • SOR/2017-116, s. 27

 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 must 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

 If there is a hazard of injury or disease to or through the skin in a workplace, the employer must provide to every person granted access to the workplace

  • (a) a shield or screen;

  • (b) a cream or barrier lotion to protect the skin; or

  • (c) an appropriate body covering.

Fall-Protection Systems

  •  (1) The employer must provide a fall-protection system if a person, other than an employee who is installing or removing such a system in accordance with the instructions referred to in subsection (5), works from

    • (a) an unguarded structure that is

      • (i) more than 2.4 m above the nearest permanent safe level,

      • (ii) above any moving parts of machinery or any other surface or thing that could cause injury to an employee on contact,

      • (iii) above an open hopper, vat or pit, or

      • (iv) above water more than 1 m deep; or

    • (b) a ladder at a height of more than 2.4 m above the nearest permanent safe level when, because of the nature of the work, that person can use only one hand to hold onto the ladder.

  • (2) The components of a fall-protection system must meet the following standards:

    • (a) CSA Standard Z259.1, Body Belts and Saddles For Work Positioning and Travel Restraint;

    • (b) CSA Standard CAN/CSA Z259.2.2, Self-Retracting Devices;

    • (c) CSA Standard CAN/CSA Z259.2.3, Descent Devices;

    • (d) CSA Standard Z259.2.4, Fall Arresters and Vertical Rigid Rails;

    • (e) CSA Standard CAN/CSA Z259.2.5, Fall Arresters and Vertical Lifelines;

    • (f) CSA Standard CAN/CSA Z259.10, Full Body Harnesses;

    • (g) CSA Standard Z259.11, Personal Energy Absorbers and Lanyards;

    • (h) CSA Standard Z259.12, Connecting Components for Personal Fall-Arrest Systems (PFAS);

    • (i) CSA Standard Z259.13, Manufactured Horizontal Lifeline Systems; and

    • (j) CSA Standard Z259.16, Design of Active Fall-protection Systems.

  • (3) The anchor of a fall-protection system must be capable of withstanding a force of 17.8 kN.

  • (4) A fall-protection system that is used to arrest the fall of a person must prevent that person

    • (a) from being subjected to a peak fall arrest force greater than 8 kN; and

    • (b) from falling freely for more than 1.2 m.

  • (5) Every employee required to install or remove a fall-protection system in a workplace must be instructed and trained by the employer in the procedures to be followed for the installation or removal of the system.

  • SOR/2017-116, s. 28

Emergency Escape Devices

  •  (1) If reasonably practicable, an emergency escape device that is equipped with a brake mechanism that controls the descent of persons using the device must be provided in the derrick of a drilling rig or an elevated part of a production facility.

  • (2) The employer must set out in writing working instructions for the use of the device referred to in subsection (1) and keep them in a conspicuous place on the drilling rig or production facility.

  • (3) An emergency escape device referred to in subsection (1) must be installed, inspected and maintained by a qualified person.

Protection Against Drowning

  •  (1) If, in a workplace, there is a hazard of drowning, the employer must provide every person granted access to the workplace with

    • (a) a life jacket or personal flotation device that meets

      • (i) the Canadian General Standards Board Standard CAN/CGSB 65.7, Life Jackets, or, if the workplace is a ship used for diving, for construction or for geotechnical or seismic work, the International Maritime Organization’s Resolution MSC.81(70), Revised Recommendation on Testing of Life-Saving Appliances, or

      • (ii) the Canadian General Standards Board Standard CAN/CGSB 65.11, Personal Flotation Devices; or

    • (b) a safety net or a fall-protection system.

  • (2) If, in a workplace, there is a hazard of drowning,

    • (a) emergency equipment must be provided and held in readiness;

    • (b) a qualified person to operate all the emergency equipment provided must be readily available;

    • (c) if appropriate, a powered rescue boat must be provided and held in readiness; and

    • (d) written emergency procedures must be prepared by the employer containing

      • (i) a full description of the procedures to be followed and the responsibilities of all persons granted access to the workplace, and

      • (ii) the location of any emergency equipment.

  • (3) If a workplace is a wharf, dock, pier, quay or other similar structure, a ladder that extends at least two rungs below water level must, if reasonably practicable, be installed on the face of the structure every 60 m along its length.

  • SOR/2017-116, s. 29

Loose-fitting Clothing

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

Protection from Extreme Temperatures

 If there is a likelihood that exposure of an employee to extreme temperatures could result in the employee suffering from hypothermia or hyperthermia, protection equipment suitable to protect the employee from the hazard must be used.

Protection Against Moving Vehicles

 If an employee is regularly exposed to a hazard resulting from contact with moving vehicles during their work, the employee must wear a high-visibility vest or other high-visibility clothing.

Firefighting Equipment

  •  (1) Every marine installation or structure must be equipped with the fire protection equipment that is appropriate for fighting any class of fire that may occur.

  • (2) Fire protection equipment must be installed, inspected and maintained in every workplace in accordance with the standards set out in Parts 6 and 7 of the National Fire Code of Canada, published by the Canadian Commission on Building and Fire Codes.

  • (3) However, if the marine installation or structure is a ship used for diving, construction, geotechnical or seismic work, fire protection equipment may instead be installed, inspected and maintained in accordance with the following standards:

    • (a) the standards set out in regulation 10, Fire fighting, of Chapter II-2 of the International Convention for the Safety of Life at Sea (SOLAS), 1974;

    • (b) the standards set out in the International Maritime Organization’s International Code for Fire Safety Systems; and

    • (c) the standards of the American Bureau of Shipping, Bureau Veritas, DNV GL or Lloyd’s Register.

  • (4) A person must not tamper with or activate without cause any fire protection equipment.

  • SOR/2017-116, s. 30

 All fire protection equipment must be inspected by a qualified person at least once a month and tested, maintained and repaired by a qualified person.

Records

  •  (1) A record of all protection equipment provided by the employer and requiring maintenance must be kept for as long as the equipment is in use.

  • (2) The record referred to in subsection (1) must contain

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

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

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

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

Instructions and Training

  •  (1) Every person granted access to the workplace who uses protection equipment must be instructed by the employer in the use of the equipment.

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

  • (3) Every person granted access to a workplace must be instructed in respect of the written emergency procedures referred to in paragraph 178(2)(d).

  • (4) The employer must

    • (a) set out in writing, and keep readily available for examination by the employees referred to in subsection (2), the instructions referred to in that subsection; and

    • (b) keep readily available for examination by every person granted access to the workplace a copy of the emergency procedures referred to in paragraph 178(2)(d).

  • SOR/2017-116, s. 31(E)

Defective Protection Equipment

 If an employee finds any defect in protection equipment that may render it unsafe for use, the employee must report the defect to the employer as soon as reasonably practicable.

 An employer must mark or tag as unsafe and remove from service any protection equipment that has a defect that may render it unsafe for use.

PART 13Tools and Machinery

Interpretation

 In this Part, explosive actuated fastening tool means a tool that, by means of an explosive force, propels or discharges a fastener for the purpose of impinging it on, affixing it to or causing it to penetrate another object or material.

Design, Construction, Operation and Use of Tools

 The exterior surface of any tool used by an employee in a fire hazard area must be made of non-sparking material.

 All portable electric tools used by employees must meet the standards applicable to the particular tool that are set out in CSA Standard C22.2 No. 60745-2, ULC Standard 60745-2 and International Electrotechnical Commission Standard 60745-2.

  • SOR/2017-116, s. 32

 All portable electric tools used by employees must be grounded, except if they

  • (a) are powered by a self-contained battery;

  • (b) have a protective system of double insulation; or

  • (c) are used in a location where reliable grounding cannot be obtained if the tools are supplied from a double-insulated portable ground fault circuit interrupter of the class A type that meets the standards set out in CSA Standard CAN/CSA C22.2 No. 144, Ground Fault Circuit Interrupters.

  • SOR/2017-116, s. 33

 All portable electric tools used by employees in a fire hazard area must be marked as appropriate for use or designed for use in such a fire hazard area.

 If an air hose is connected to a portable air-powered tool used by an employee, a restraining device must be attached to all hose connections and if an employee may be injured by the tool falling, to the tool.

  •  (1) All explosive actuated fastening tools that are used by employees must meet the standards set out in ANSI Standard ANSI/ASSE A10.3, Safety Requirements for Powder-Actuated Fastening Systems.

  • (2) An employee must not operate an explosive actuated fastening tool unless authorized to do so by their employer.

  • (3) Every employee who operates an explosive actuated fastening tool must operate it in accordance with the CSA Standard referred to in subsection (1).

  • SOR/2017-116, s. 34

 All chainsaws that are used by employees must meet the standards set out in CSA Standard Z62.1, Chain Saws.

  • SOR/2017-116, s. 35

Defective Tools and Machines

 If an employee finds any defect in a tool or machine that may render it unsafe for use, the employee must report the defect to the employer as soon as reasonably practicable.

 An employer must mark or tag as unsafe and remove from service any tool or machine used by employees that has a defect that may render it unsafe for use.

Instructions and Training

 Every employee must be instructed and trained by a qualified person appointed by the employer in the safe and proper inspection, maintenance and use of all tools and machinery that the employee is required to use.

 Every employer must maintain a manual of operating instructions for each type of portable electric tool, portable air-powered tool, explosive actuated fastening tool and machine used by the employees and keep it readily available for examination by an employee who is required to use the tool or machine to which the manual applies.

General Requirements for Machine Guards

  •  (1) Every machine that has exposed moving, rotating, electrically charged or hot parts or that processes, transports or handles material that constitutes a hazard to an employee must be equipped with a machine guard that

    • (a) prevents the employee or any part of the employee’s body from coming into contact with the parts or material;

    • (b) prevents access by the employee to the area of exposure to the hazard during the operation of the machine; or

    • (c) renders the machine inoperative if the employee or any part of employee’s clothing is in or near a part of the machine that is likely to cause injury.

  • (2) To the extent that is reasonably practicable, a machine guard referred to in subsection (1) must not be removable.

  • (3) A machine guard must be so constructed, installed and maintained that it meets the requirements of subsection (1).

Use, Operation, Repair and Maintenance of Machine Guards

 Machine guards must be operated, maintained and repaired by a qualified person.

 If a machine guard is installed on a machine, a person must not use or operate the machine unless the machine guard is in its proper position, except to permit the removal of an injured person.

  •  (1) Subject to subsection (2), if it is necessary to remove a machine guard from a machine in order to perform repair or maintenance work on the machine, a person must not perform the repair or maintenance work unless the machine has been rendered inoperative.

  • (2) If it is not reasonably practicable to render a machine referred to in subsection (1) inoperative in order to perform repair or maintenance work on the machine, the work may be performed if the person performing the work is a qualified person.

Abrasive Wheels

[SOR/2017-116, s. 36(F)]
  •  (1) Abrasive wheels must be inspected by a qualified person for defects, cracks or other problems before their installation.

  • (2) Abrasive wheels must be used only on machines that are equipped with machine guards, mounted between flanges and operated and maintained in accordance with the manufacturer’s specifications.

  • (3) A bench grinder must be equipped with a work rest or other device that prevents the work piece from jamming between the abrasive wheel and the wheel guard and that does not make contact with the abrasive wheel at any time.

  • SOR/2017-116, s. 37

Grinders

 A grinder may only be used with an abrasive wheel if the grinder is rated to provide a number of revolutions per minute that is no more than the rating of the abrasive wheel.

  • SOR/2017-116, s. 37

Mechanical Power Transmission Equipment

 All equipment that is used in the mechanical transmission of power must be guarded in accordance with one of the following standards:

  • (a) CSA Standard Z432, Safeguarding of Machinery;

  • (b) ANSI Standard B11 B15.1, Safety Standard for Mechanical Power Transmission Apparatus; or

  • (c) ISO Standard 14120, Safety of machinery – Guards – General requirements for the design and construction of fixed and movable guards.

  • SOR/2017-116, s. 37

Punch Presses

 Punch presses must meet the standards set out in CSA Standard Z142, Code for the Power Press Operation: Health, Safety and Safeguarding Requirements.

  • SOR/2017-116, s. 37

PART 14Materials Handling

Interpretation

 The following definitions apply in this Part.

materials handling area

materials handling area means an area within which materials handling equipment may create a hazard to any person. (aire de manutention des matériaux)

materials handling equipment

materials handling equipment means equipment used to transport, lift, move or position materials, goods or things and includes mobile equipment but does not include an elevating device. (appareil de manutention des matériaux)

operator

operator means an employee who operates materials handling equipment. (conducteur)

safe working load

safe working load means, with respect to materials handling equipment, the maximum load that the materials handling equipment is designed and constructed to handle or support safely. (charge de travail admissible)

signaller

signaller means a person instructed by an employer to direct, by means of visual or auditory signals, the safe movement and operation of materials handling equipment. (signaleur)

DIVISION IDesign and Construction

Standards

  •  (1) The design and construction of drilling and production hoisting equipment must meet the standards set out in API Standard API SPEC 8A, Drilling and Production Hoisting Equipment, Thirteenth edition, published in 2001.

  • (2) The design and construction of offshore cranes must meet the standards set out in API Standard Spec 2C, Offshore Pedestal-mounted Cranes.

  • SOR/2017-116, s. 38

General

  •  (1) Materials handling equipment must, to the extent that is reasonably practicable, be so designed and constructed that if there is a failure of any part of the materials handling equipment, it will not result in loss of control of the materials handling equipment or create a hazardous condition.

  • (2) All glass in doors, windows and other parts of materials handling equipment must be of a type that will not shatter into sharp or dangerous pieces on impact.

Protection from Falling Objects

  •  (1) If materials handling equipment is used under such circumstances that the operator may be struck by a falling object or shifting load, the employer must equip the materials handling equipment with a protective structure of a design, construction and strength that it will, under all foreseeable conditions, prevent the penetration of the object or load into the area occupied by the operator.

  • (2) A protective structure referred to in subsection (1) must be constructed from non-combustible or fire-resistant material and designed to permit quick exit from the materials handling equipment in an emergency.

 If, during the loading or unloading of materials handling equipment, the load will pass over the operator’s position, the operator must not occupy the materials handling equipment unless it is equipped with a protective structure referred to in section 211.

Protection from Overturning

 Guards must be installed on the deck of every drilling unit, production facility and elevated working area on which mobile equipment is used to prevent the equipment from falling over the sides of the deck or area.

Fuel Tanks

 If a fuel tank, compressed gas cylinder or similar container contains a hazardous substance and is mounted on materials handling equipment, it must be

  • (a) so located or protected that under all conditions it is not hazardous to the health or safety of an employee who is required to operate or ride on the materials handling equipment; and

  • (b) connected to fuel overflow and vent pipes that are so located that fuel spills and vapours cannot

    • (i) be ignited by hot exhaust pipes or other hot or sparking parts, or

    • (ii) be hazardous to the health or safety of any employee who is required to operate or ride on the materials handling equipment.

Protection from Environmental Conditions

  •  (1) Materials handling equipment that is regularly used outdoors must be fitted with a roof or other structure that will protect the operator from exposure to any environmental condition that is likely to be hazardous to the operator’s health or safety.

  • (2) When heat produced by materials handling equipment is capable of raising the temperature in any area occupied by an employee on the equipment to 27°C or more, the area must be protected from the heat by an insulated barrier.

Vibration

 All materials handling equipment must be so designed and constructed that the operator will not be injured or the operator’s control of the materials handling equipment impaired by any vibration, jolting or other uneven movement of the materials handling equipment.

Controls

 The arrangement and design of dial displays and the controls and general layout and design of the operator’s compartment or position on all materials handling equipment must not hinder or prevent the operator from operating the materials handling equipment.

Fire Extinguishers

 Mobile equipment that is used or operated for transporting or handling combustible or flammable substances must be equipped with a portable dry chemical fire extinguisher that has not less than a 5B rating, as defined in ULC Standard CAN/ULC S508, Standard for the Rating and Testing of Fire Extinguishers, and must be so located that it is readily accessible to the operator while the operator is in the operating position of the equipment.

  • SOR/2017-116, s. 39

Means of Entering and Exiting

 All materials handling equipment must be provided with a step, handhold or other means of entering into and exiting from the compartment or position of the operator and any other place on the equipment that an employee enters in order to service the equipment.

Lighting

 When mobile equipment is used or operated by an employee in a workplace at night or at any time when the level of lighting within the workplace is less than 1 dalx, the mobile equipment must be

  • (a) fitted on the front and rear of it with warning lights that are visible from a distance of not less than 100 m; and

  • (b) provided with lighting that ensures the safe operation of the equipment under all conditions of use.

Control Systems

 All mobile equipment must be fitted with braking, steering and other control systems that

  • (a) are capable of safely controlling and stopping the movement of the mobile equipment and any hoist, bucket or other part of the mobile equipment; and

  • (b) respond reliably and quickly to moderate effort on the part of the operator.

 Any mobile equipment that is normally used for transporting employees from place to place in a workplace must be equipped with a mechanical parking brake and a hydraulic or pneumatic braking system.

Warnings

 Mobile equipment must be fitted with a horn or similar audible warning device having a distinctive sound that can be clearly heard above the noise of the equipment and any surrounding noise.

Seat Belts

 If mobile equipment is used under conditions when a seat belt or shoulder-strap-type restraining device is likely to contribute to the safety of the operator or passengers, the mobile equipment must be fitted with such a belt or device.

Rear-View Mirror

 If mobile equipment cannot be operated safely in reverse unless it is equipped with a rear-view mirror, the mobile equipment must be so equipped.

Electric Materials Handling Equipment

 Any materials handling equipment that is electrically powered must be so designed and constructed that the operator and all other employees are protected from electrical shock or injury by means of protective guards, screens or panels secured by bolts, screws or other equally reliable fasteners.

Automatic Materials Handling Equipment

 If materials handling equipment that is controlled or operated by a remote or automatic system may make physical contact with an employee, it must be prevented from doing so by the provision of an emergency stop system or barricades.

Conveyors

 The design, construction, installation, operation and maintenance of each conveyor, cableway or other similar materials handling equipment must meet the standards set out in ASME Standard B20.1, Safety Standards for Conveyors and Related Equipment.

  • SOR/2017-116, s. 40

DIVISION IIMaintenance, Operation and Use

Inspection, Testing and Maintenance

  •  (1) Before materials handling equipment is operated for the first time in a workplace, the employer must set out in writing instructions for the inspection, testing and maintenance of that materials handling equipment.

  • (2) The instructions referred to in subsection (1) must, subject to section 231, specify the nature and frequency of inspections, tests and maintenance.

  •  (1) Every inspection, test and maintenance of materials handling equipment must be performed by a qualified person.

  • (2) The qualified person referred to in subsection (1) must

    • (a) comply with the instructions referred to in subsection 229(1); and

    • (b) make and sign a report of each inspection, test or maintenance work performed by the qualified person.

  • (3) The report referred to in paragraph (2)(b) must

    • (a) include the date of the inspection, test 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 inspecting, testing or maintaining the materials handling equipment.

  • (4) The employer must keep at the workplace at which the materials handling equipment is located a copy of

    • (a) the instructions referred to in subsection 229(1), for as long as the materials handling equipment is in use; and

    • (b) the report referred to in paragraph (2)(b) for one year after the report is signed.

  •  (1) The operation, maintenance and inspection of all draw works and associated equipment must meet the following standards:

    • (a) API Standard RP 8B, Inspections, Maintenance, Repair and Remanufacture of Hoisting Equipment; and

    • (b) API Standard Spec 8C, Specification for Drilling and Production Hoisting Equipment (PSL 1 and PSL 2).

  • (2) The operation, maintenance and inspection of offshore cranes must meet the standards set out in API Standard RP 2D, Operation and Maintenance of Offshore Cranes.

  • SOR/2017-116, s. 41

Slings and Rigging Hardware

 The use and maintenance of any sling must meet the standards set out in ASME Standard B30.9, Slings.

  • SOR/2017-116, s. 41

 The use and maintenance of any rigging hardware and other attachments used with materials handling equipment must meet the standards set out in ASME Standard B30.26, Rigging Hardware.

  • SOR/2017-116, s. 41

Training

  •  (1) Every operator must be instructed and trained by the employer in the procedures to be followed for

    • (a) the inspection of the materials handling equipment;

    • (b) the fuelling of the materials handling equipment, where applicable; and

    • (c) the safe and proper use of the materials handling equipment.

  • (2) Every employer must keep a record of any instruction or training given to an operator for as long as the operator remains in the employer’s employ.

Operation

 An employer must not require an employee to operate materials handling equipment unless the employee is a qualified person.

  •  (1) A person must not operate materials handling equipment unless

    • (a) the person has a clear and unobstructed view of the area in which the equipment is being operated; or

    • (b) the person is directed by a signaller.

  • (2) Materials handling equipment must not be used on a ramp with a slope greater than the maximum slope recommended by the manufacturer of the equipment.

  • (3) A person must not leave mobile equipment unattended unless the equipment has been properly secured to prevent it from moving.

  •  (1) Every employer must establish a code of signals for the purposes of paragraph 236(1)(b) and must

    • (a) instruct every signaller and operator in the employer’s employ in the use of the code; and

    • (b) keep a copy of the code in a place where it is readily available for examination by the signallers, operators and other employees.

  • (2) A signaller must not perform duties other than signalling while any materials handling equipment under the signaller’s direction is in motion.

  •  (1) Subject to subsection (2), if it is not reasonably practicable for a signaller to use visual signals, a telephone, radio or other signalling device must be provided by the employer for the use of the signaller.

  • (2) Radio transmitting equipment must not be used in any workplace for the transmission of signals when such use may activate electric blasting equipment in that place.

Repairs

  •  (1) Subject to subsection (2), any repair, modification or replacement of a part of any materials handling equipment must not decrease the safety of the materials handling equipment or part.

  • (2) If a part of lesser strength or quality than the original part is used in the repair, modification or replacement of a part of any materials handling equipment, the use of the materials handling equipment must be restricted by the employer to such loading and use that will ensure the retention of the original safety of the equipment or part.

Transporting and Positioning Employees

 Materials handling equipment must not be used for transporting an employee unless the equipment is equipped with a platform, bucket or basket designed for that purpose and is provided with a fail-safe control system that will prevent a free fall of the load that is carried.

Loading, Unloading and Maintenance

 Materials, goods or things must not be picked up from or placed on any mobile equipment while the equipment is in motion unless the equipment is specifically designed for that purpose.

 Except in the case of an emergency, an employee must not get on or off any mobile equipment while it is in motion.

  •  (1) Subject to subsection (2), repair, maintenance or cleaning work must not be performed on any materials handling equipment while the materials handling equipment is being operated.

  • (2) Fixed parts of materials handling equipment may be repaired, maintained or cleaned while the materials handling equipment is being operated if they are so isolated or protected that the operation of the materials handling equipment does not affect the safety of the employee performing the repair, maintenance or cleaning work.

Positioning the Load

 If mobile equipment is travelling with a raised or suspended load, the operator must ensure that the load is carried as close to the ground, floor or deck as the situation permits and in any case the load must not be carried at a point above the centre of gravity of the loaded mobile equipment.

Tools

 If tools, tool boxes or spare parts are carried on materials handling equipment, they must be securely stored.

Housekeeping

 The floor, cab and other occupied parts of materials handling equipment must be kept free of any grease, oil, materials, tools or equipment that may cause a hazard to an employee.

Parking

 Mobile equipment must not be parked in any place where it may interfere with the safe movement of persons, materials, goods or things.

Materials Handling Area

  •  (1) The main approaches to any materials handling area must be posted with warning signs or must be under the control of a signaller while operations are in progress.

  • (2) A person must not enter a materials handling area while operations are in progress unless that person

    • (a) is a health and safety officer;

    • (b) is an employee whose presence in the materials handling area is essential to the conduct, supervision or safety of the operations; or

    • (c) is a person who has been instructed by the employer to be in the materials handling area while operations are in progress.

  • (3) If any person other than a person referred to in subsection (2) enters a materials handling area while operations are in progress, the employer must cause the operations in that area to be immediately discontinued and not resumed until that person has left the area.

Dumping

 If mobile equipment designed for dumping is used to discharge a load that may cause the mobile equipment to tip, a bumping block must be used, or a signaller must give directions to the operator to prevent the mobile equipment from tipping.

Enclosed Workplace

 Every enclosed workplace in which materials handling equipment powered by an internal combustion engine is used must be ventilated in such a manner that the carbon monoxide concentration in the atmosphere of the workplace does not exceed the value, level or percentage prescribed in section 135.

Fuelling

 If materials handling equipment is fuelled in a workplace, the fuelling must be done in accordance with the instructions given by the employer under section229 in a place where the vapours from the fuel are readily dissipated.

Cranes

 A person must not operate a crane under conditions that are likely to create a hazard to any person, ship, aircraft, vehicle, load or structure or to the stability of the crane.

  •  (1) Every crane must

    • (a) have posted inside the crane control cab a load capacity chart that specifies the boom angle and safe working load for each block;

    • (b) be equipped with

      • (i) boom and block travel limiting devices, and

      • (ii) If the load rating of the crane is more than 5 t, a load measure device for the main block.

  • (2) All crane hooks must be equipped with safety catches.

  • (3) A person must not move a crane in the vicinity of a helicopter deck when a helicopter is landing or taking off.

  •  (1) Tag lines must be used to control any swinging of a load that is being lifted by a crane except when the use of the lines may be hazardous to the safety of any person.

  • (2) Loads must not be left hanging by a crane above the deck of a drilling unit or production facility unless the crane operator is at the controls of the crane.

Safe Working Loads

  •  (1) Materials handling equipment must not be used or operated with a load that is in excess of its safe working load.

  • (2) The safe working load of materials handling equipment must be clearly marked on the equipment or on a label securely attached to a permanent part of the equipment in a position where the mark or label can be easily read by the operator.

Aisles and Corridors

 At blind corners, mirrors must be installed that permit an operator to see a pedestrian, vehicle or mobile equipment approaching the blind corner.

Clearances

 On any route that is frequently travelled by mobile equipment, the overhead and side clearances must be adequate to permit the mobile equipment and its load to be manoeuvred safely by an operator.

  •  (1) Subject to subsection (2), materials handling equipment must not be operated in an area in which it may come into contact with an electrical cable, a pipeline, part of a structure or other hazard known to the employer, unless the operator and signaller, if any, have been

    • (a) warned of the presence of the hazard;

    • (b) informed of the location of the hazard; and

    • (c) informed of the safety clearance that must be maintained with respect to the hazard in order to avoid accidental contact with it.

  • (2) If an employer is unable to determine with reasonable certainty the location of the hazard or the safety clearance referred to in subsection (1), every electrical cable must be de-energized and every pipeline containing a hazardous substance must be shut down and drained before any operation involving the use of materials handling equipment commences within the area.

DIVISION IIIManual Handling of Materials

 If, because of the weight, size, shape, toxicity or other characteristic of materials, goods or things, the manual handling of the materials, goods or things may be hazardous to the health or safety of an employee, the employer must issue instructions that the materials, goods or things must, if reasonably practicable, not be handled manually.

 If an employee is required to lift or carry a load in excess of 10 kg manually, the employee must be instructed and trained by the employer in a safe method of lifting and carrying that load.

DIVISION IVStorage of Materials

  •  (1) All materials, goods and things must be stored and placed in such a manner that the maximum safe load-carrying capacity of the floor or other supporting structures is not exceeded.

  • (2) Materials, goods or things must not be stored or placed in a manner that may

    • (a) obstruct or encroach on passageways, traffic lanes or exits;

    • (b) impede the safe operation of materials handling equipment;

    • (c) obstruct the ready access to or the use and operation of firefighting equipment;

    • (d) interfere with the operation of fixed fire protection equipment; or

    • (e) be hazardous to the health or safety of any employee.

PART 15Hazardous Occurrence Investigation, Recording and Reporting

Interpretation

 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 disabling injury occurred, whether or not that subsequent day is a working day for that employee,

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

Report by Employee

 If an employee becomes aware of an accident or other occurrence arising in the course of or in connection with the employee’s work that has caused injury to the employee or to any other person, the employee must without delay report the accident or other occurrence to the employer, orally or in writing.

Investigation

  •  (1) If an employer is aware of an accident, occupational disease or other hazardous occurrence affecting any of the employer’s employees in the course of employment, the employer must, without delay,

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

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

    • (c) notify the committee or the coordinator of the hazardous occurrence and of the name of the person appointed to investigate it.

  • (2) In addition to the investigation referred to in paragraph (1)(b), if the hazardous occurrence referred to in subsection (1) is an accident involving a ship or aircraft, the employer must investigate the accident by obtaining from the appropriate police or other investigating authority a copy of the report made by that authority in respect of the accident.

  • (3) As soon as reasonably practicable after receipt of the report referred to in subsection (2), the employer must provide a copy of it to the committee or the coordinator.

Hazardous Occurrence Report

  •  (1) The employer must report, by the most rapid means of communication available to the employer, the date, time, location and nature of any accident, occupational disease or other hazardous occurrence referred to in section 264 to a health and safety officer and to the committee or the coordinator as soon as reasonably practicable but not later than 24 hours after becoming aware of the occurrence, when the occurrence resulted in one of the following circumstances:

    • (a) the death of an employee;

    • (b) a missing person;

    • (c) a disabling injury to an employee;

    • (d) the implementation of emergency rescue, revival or evacuation procedures;

    • (e) a fire or explosion that threatened the health and safety of an employee;

    • (f) the free fall of an elevating device that rendered the elevating device unsafe for use by an employee;

    • (g) an accidental accumulation, spill or leak of a hazardous substance; or

    • (h) the loss of or damage to support craft.

  • (2) A written report of the accident, occupational disease or other hazardous occurrence referred to in subsection (1) must be submitted by the employer within 14 days after the occurrence to the health and safety officer and to the committee or the coordinator.

  • (3) The report referred to in subsection (2) must be in the form set out in Schedule 4 and contain the information required by the form.

 If an investigation referred to in subsection 264(2) discloses that the accident resulted in a circumstance referred to in subsection 265(1), the employer must, within 14 days after the receipt of the report of the accident made by the police or other investigating authority, submit a copy of the report to the health and safety officer.

Minor Injury Record

  •  (1) Every employer must keep a record of each minor injury of which the employer is aware that affected any of the employees in the course of employment.

  • (2) The record must contain

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

    • (b) the name of the injured or ill employee;

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

    • (d) the causes of the minor injury.

Retention of Reports and Records

  •  (1) Subject to subsection (2), every employer must keep a copy of each report and record referred to in this Part for one year after its submission to the health and safety officer, to the committee or the coordinator.

  • (2) Every record with respect to a circumstance referred to in paragraph 265(1)(f) must be kept by the employer for a period of five years after the hazardous occurrence.

PART 16First Aid

Interpretation

 The following definitions apply in this Part.

first aid station

first aid station means a place, other than a first aid room or medical clinic, in which first aid supplies or equipment are stored. (poste de secours)

isolated workplace

isolated workplace means a workplace that is more than two hours’ travel time from a hospital or a medical clinic under normal travel conditions using the fastest available means of transportation. (lieu de travail isolé)

medical clinic

medical clinic means a medical consultation and treatment facility that is in the charge of a medic or a physician. (service de santé)

General

  •  (1) Every employer must establish written instructions that provide for the prompt rendering of first aid to an employee for an injury, an occupational disease or an illness.

  • (2) A copy of the instructions must be kept by the employer readily available for examination by employees.

  • (3) Every employee, on sustaining an injury or becoming aware that the employee has contracted an occupational disease or an illness must, if reasonably practicable, report immediately for treatment to a first aid attendant.

Physicians and First Aid Attendants

 A physician who has specialized knowledge in the treatment of the health and safety problems that may be encountered in the oil and gas industry must be readily available at all times for medical consultation.

  •  (1) If there are not more than five employees normally working in a workplace, other than an isolated workplace, a first aid attendant must be readily available at all times.

  • (2) At an isolated workplace in which not more than five employees are normally working, one of those employees must be a first aid attendant who holds at least a standard first aid certificate.

  •  (1) At a workplace in which the total number of employees set out in column 1 of Schedule 5 is normally working, the total number of those employees who must be first aid attendants is set out in columns 2 to 4.

  • (2) If a physician is available in a workplace, the requirements respecting the presence of a medic do not apply.

  • SOR/2017-116, s. 42
  •  (1) In addition to the requirements of section 273, if there are more than 30 employees and fewer than 61 employees normally working at an isolated workplace

    • (a) a medic, who may be one of the employees, must, if reasonably practicable, be readily available in the workplace; or

    • (b) if it is not reasonably practicable for a medic to be readily available in the workplace, the employer must make arrangements to have a medic available at all times for consultation and to be transported to the workplace.

  • (2) If a physician is available in an isolated workplace, the requirements of subsection (1) do not apply.

 In addition to the requirements of sections 272 to 274, at a workplace in which any employee is working on live high-voltage electrical equipment, one of the employees must be a first aid attendant who has successfully completed a CPR course in the last 12 months.

 A first aid attendant referred to in subsection 272(2), section 273 or paragraph 275(a) must not be assigned duties that will interfere with the prompt and adequate rendering of first aid and must

  • (a) be assigned to a first aid station or first aid room;

  • (b) be readily available to employees in the workplace; and

  • (c) render first aid to employees that are injured or ill at the workplace.

First Aid Stations

  •  (1) At least one first aid station must be provided for every workplace and must

    • (a) readily available to all employees;

    • (b) clearly identified by a conspicuous sign;

    • (c) contain only supplies and equipment that are required for rendering first aid; and

    • (d) be inspected regularly and its contents maintained in a clean, dry and serviceable condition.

  • (2) Subsection (1) does not apply if a first aid room or a medical clinic that meets the requirements of paragraphs (1)(a) and (b) is provided by the employer.

Posting of Information

  •  (1) Subject to subsection (2), an employer must post and keep posted in a conspicuous place accessible to every employee in each workplace

    • (a) information regarding first aid to be rendered for any injury, occupational disease or illness likely to be sustained or contracted in the workplace;

    • (b) information regarding the location of first aid attendants, first aid stations and first aid rooms; and

    • (c) at every telephone, an up-to-date list of telephone numbers for use in emergencies.

  • (2) At an isolated workplace or in a motor vehicle, the information referred to in subsection (1) must be provided and kept with the first aid kit.

First Aid Supplies and Equipment

  •  (1) For each workplace at which the number of employees working at any time is the number set out in column 1 of an item of Schedule 6, a first aid kit that is of the type set out in column 2 of that item must be provided.

  • (2) For the purposes of subsection (1), a first aid kit of a type set out at the head of column 2, 3, 4, 5 or 6 of Schedule 7 must contain the first aid supplies and equipment set out in column 1 of an item of that Schedule in the applicable number set out opposite those supplies and equipment in column 2, 3, 4, 5 or 6 of that item.

  •  (1) Subject to subsection (2), if a hazard for skin or eye injury from a hazardous substance exists in the workplace, shower facilities to wash the skin and eye wash facilities to irrigate the eyes must be provided for immediate use by employees.

  • (2) If it is not reasonably practicable to comply with subsection (1), portable equipment that may be used in place of the facilities referred to in subsection (1) must be provided.

First Aid Rooms

  •  (1) A first aid room must be provided

    • (a) if 60 or more employees are working at any time in a workplace other than an isolated workplace; or

    • (b) if 30 or more employees are working at any time in an isolated workplace.

  • (2) Paragraph (1)(a) does not apply if a medical clinic or hospital at which medical treatment is provided without charge to employees is readily accessible.

 Every first aid room provided in accordance with section 281 must be

  • (a) under the supervision of

    • (i) in the case where a physician is available in the workplace, the physician,

    • (ii) in the case where there is a medic and no physician available in the workplace, the medic, or

    • (iii) in any other case, the first aid attendant available in the workplace who is the holder of the highest level of first aid certificate;

  • (b) located as close as reasonably practicable to the workplace and within easy access to a toilet room, a telephone, and a list of telephone numbers for use in emergencies;

  • (c) constructed to allow for optimum ease of access to persons carrying a patient on a stretcher;

  • (d) maintained in an orderly and sanitary condition;

  • (e) clearly identified by a conspicuous sign;

  • (f) equipped with

    • (i) a lockable storage cupboard and a counter,

    • (ii) the first aid supplies and equipment set out in column 1 of an item of Schedule 8 in the applicable quantities set out in column 2 of that item of that Schedule,

    • (iii) a copy of the emergency procedures referred to in section 293, and

    • (iv) information regarding hazardous substances in the workplace and the first aid required to treat exposure to the hazardous substances; and

  • (g) maintained, if reasonably practicable, at a temperature of not less than 18°C and not more than 24°C, measured 1 m above the floor.

Transportation

 Before assigning employees to a workplace, the employer must provide for that workplace

  • (a) an ambulance service or other suitable means of transporting an injured or ill employee

    • (i) if reasonably practicable, to a hospital at which a physician referred to in section 271 practises, or

    • (ii) if it is not reasonably practicable to comply with subparagraph (i), to a medical clinic in the charge of a medic who is in contact with a physician referred to in section 271;

  • (b) a first aid attendant to accompany an injured or ill employee and to render first aid in transit, if required; and

  • (c) a means of quickly summoning the ambulance service or other means of transportation.

Records

  •  (1) If an injured or ill employee reports for treatment to a first aid attendant in accordance with subsection 270(3) or if a first aid attendant renders first aid to an employee, the first aid attendant must

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

      • (i) the date and time of the reporting of the injury, occupational disease or illness,

      • (ii) the full name of the injured or ill employee,

      • (iii) the date, time and location of the occurrence of the injury, occupational disease or illness,

      • (iv) a brief description of the injury, occupational disease or illness,

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

      • (vi) a brief description of the arrangements made for the treatment or transportation of the injured or ill employee, if any; and

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

  • (2) The employer must keep a first aid record containing information entered in accordance with subsection (1) for one year after the date of that entry.

PART 17Safe Occupancy of the Workplace

Interpretation

 In this Part, emergency evacuation plan means a written plan for use in an emergency, prepared in accordance with section 296.

Fire Protection

 Every workplace must be so designed, constructed and arranged as to minimize, to the extent that is reasonably practicable, the risk of fire.

  •  (1) Fire escapes, exits, stairways and any other means of evacuation at a workplace must be in serviceable condition and ready for use at all times.

  • (2) Exits to the exterior must be clearly identified by signs.

Fire Hazard Areas

  •  (1) A person must not, in a fire hazard area,

    • (a) subject to subsection (2), perform any hot work;

    • (b) smoke; or

    • (c) use an open flame or other source of ignition.

  • (2) When it is not reasonably practicable to avoid performing hot work in a fire hazard area, the employer must

    • (a) issue written instructions with respect to the procedures to be followed that will provide for the safe performance of that work;

    • (b) show and explain the instructions referred to in paragraph (a) to any employee who is required to work in the fire hazard area; and

    • (c) keep a copy of the instructions referred to in paragraph (a) readily available for examination by employees.

 Signs must be posted in conspicuous places at all entrances to a fire hazard area

  • (a) identifying the area as a fire hazard area; and

  • (b) prohibiting the use of an open flame or other source of ignition in the fire hazard area.

Alarm Systems

 Every workplace must be equipped with an alarm system that warns all employees when

  • (a) the safety of the workplace is threatened;

  • (b) employees are to be evacuated from the workplace;

  • (c) a fire is likely to threaten the health or safety of employees at the workplace; and

  • (d) there is a malfunction of a mechanical ventilation system provided for an area where concentrations of toxic or combustible gases may accumulate.

Emergency Electrical Power

 Every drilling rig, drilling unit and production facility must be equipped with an emergency electrical power supply sufficient to operate, for at least 18 consecutive hours,

  • (a) the alarm system and warning devices;

  • (b) the emergency lighting system referred to in section 56;

  • (c) internal and external communications systems; and

  • (d) light and sound signals marking the location of the workplace.

 If an emergency switchboard is provided, it must be independent of the main electrical power supply and must be located as near as reasonably practicable to the emergency electrical power supply.

Emergency Procedures

  •  (1) Every employer must prepare emergency procedures to be implemented

    • (a) if any person commits or threatens to commit an act that is likely to be hazardous to the health or safety of the employer or any employee;

    • (b) if a hazardous occurrence referred to in subsection 265(1) occurs;

    • (c) if evacuation is not an appropriate means of ensuring the health or safety of employees; and

    • (d) if there is a failure of the lighting system.

  • (2) If two or more employers are engaged in work at the same workplace, those employers must prepare common emergency procedures.

  • (3) A copy of the emergency procedures referred to in subsection (1) or (2) must be kept up to date and readily accessible to all employees at the workplace.

 The emergency procedures referred to in section 293 must contain a full written description of the procedures to be followed by the employees, including

  • (a) the duties of the employees during the execution of the procedures;

  • (b) the name, position, usual location and telephone number of each person responsible for the execution of the procedures;

  • (c) a list of agencies, companies or organizations that could render assistance in the event of an emergency and their telephone numbers; and

  • (d) a list of the emergency and protection equipment required to carry out the procedures.

Emergency Evacuation Plan

 If the emergency procedures referred to in section 293 provide for the evacuation of employees from a workplace, an emergency evacuation plan must be prepared by the employer or employers.

 The emergency evacuation plan must include

  • (a) a general layout plan and elevation drawing of the buildings or structures at a workplace, including the date and scale of the drawing and the name of the person who verified the drawing;

  • (b) the name, address and telephone number of the owner or owners of the buildings or structures where the workplace is located and a list of the tenants, if any;

  • (c) the relative location of other buildings, structures or streets within 30 m of the boundaries of the workplace;

  • (d) a statement of the maximum number of people who can safely occupy the workplace under normal conditions;

  • (e) a drawing illustrating the arrangement of each level of the buildings or structures at the workplace that will clearly show

    • (i) the location of all exits, stairways, elevators, corridors, fire escapes and any other routes of exit,

    • (ii) the location, quantity and type of emergency and protection equipment,

    • (iii) the location of the main emergency shut-down switches for the lighting, heating, ventilation, air conditioning and elevator systems and other electrical equipment,

    • (iv) the location, quantity and type of all communications equipment,

    • (v) the location, number, type, size and capacity of any support craft or other means of transport to be used to evacuate the workplace, and

    • (vi) the location of first aid areas and casualty clearing areas; and

  • (f) the estimated amount of time required to complete the execution of the plan under normal conditions.

Instructions and Training

  •  (1) Every employee must be instructed and trained in

    • (a) the procedures to be followed by the employee in the event of an emergency; and

    • (b) the location, use and operation of emergency and fire protection equipment.

  • (2) A record of all training provided to an employee in accordance with subsection (1) must be kept by the employer for as long as the employee remains in the employer’s employ.

Emergency Drills

  •  (1) A fire drill must be conducted at least once

    • (a) every two weeks at each drilling rig, drilling unit and production facility; and

    • (b) every 12 months at every workplace other than a workplace referred to in paragraph (a).

  • (2) An evacuation drill must be conducted at least once

    • (a) every week at a drilling unit and an offshore production facility; and

    • (b) every 12 months at a workplace other than a workplace referred to in paragraph (a).

  • (3) In addition to the drills referred to in subsections (1) and (2), a fire drill and an evacuation drill must be conducted

    • (a) before workover, completion, recompletion or stimulation of a well; and

    • (b) after any significant change is made in the emergency procedures or emergency evacuation plan.

  • (4) A blowout prevention drill must be conducted at least once each week that the blowout preventer is in use.

Standby Craft

 For every drilling operation and production operation, the employer must provide a standby craft capable of safely evacuating all employees from the workplace.

Condition of Employees

 An employee must not work when that employee’s ability to function is impaired as a result of fatigue, illness, alcohol, drugs or any other condition that may be hazardous to the health or safety of any employee at the workplace.

 Section 300 does not apply in the event of an emergency at the workplace that may be hazardous to the health or safety of employees.

Notices and Records

  •  (1) Notices must be posted at appropriate locations at a workplace setting out the emergency procedures to be followed and the escape routes to be used in the event of an emergency.

  • (2) Every employer must keep a record of all emergency drills and evacuation drills carried out by the employer’s employees for one year after the drill.

  • (3) The record referred to in subsection (2) must contain

    • (a) the date and time at which the drill was conducted; and

    • (b) the length of time taken by the employees to complete the drill.

  • (4) A copy of the emergency procedures and emergency evacuation plan prepared for the workplace must be kept readily available for examination by employees.

  • (5) The employer must keep a daily record of each employee present at the workplace and of each person granted access to the workplace.

  • (6) The record referred to in subsection (5) must contain

    • (a) the date;

    • (b) the name of the employee present at the workplace or the person granted access to the workplace; and

    • (c) the name of the employer.

  • (7) The record referred to in subsection (5) must be kept by the employer for two months after the date of the last daily entry made in it.

SCHEDULE 1(Section 55)

Average Levels of Lighting

Column 1Column 2
ItemWork Position or AreaAverage Level in Dalx
1Office work:
  • (A) 
    Work positions at which cartography, drafting, plan reading or other tasks requiring high visual precision are performed
80
  • (B) 
    Work positions at which business machines are operated or continuous reading or writing visual tasks are performed
50
  • (C) 
    Other areas
5
2Laboratories:
  • (A) 
    Work positions at which instruments are read or hazardous substances are handled and when errors in such reading or handling may be hazardous to the health or safety of an employee
80
  • (B) 
    Work positions at which close or prolonged attention is given to laboratory work
50
  • (C) 
    Other areas
5
3Workshops and garages:
  • (A) 
    Work positions at which fine or medium bench, machine or repair work is performed
50
  • (B) 
    Work positions at which rough bench, machine or repair work is performed
30
  • (C) 
    Other areas
5
4Process areas:
  • (A) 
    Work positions in major control rooms or rooms with dial displays at which tasks essential to the control of equipment or machinery hazardous to the safety of employees are performed
80
  • (B) 
    Work positions at which a hazardous substance is used, stored or handled
50
  • (C) Work positions at which gauges and meters that are not self-illuminating are located

5
  • (D) 
    Other areas
2
5Loading platforms and warehouses:
  • (A) 
    Work positions at which packages or goods are checked or sorted
15
  • (B) 
    Work positions at which loading or unloading work is frequently performed
10
6Storage areas:
  • (A) 
    Areas in which there is a high level of activity
5
  • (B) 
    Other areas
2
7Derricks, drill floors and moon pools:
  • (A) 
    Work positions at which there is a high level of activity
5
  • (B) 
    Other areas
2
8Entrances, exits, elevators, corridors, aisles and stairways:
  • (A) 
    Areas in which there is a high level of activity or where there is a high frequency of traffic
10
  • (B) 
    Areas in which there is a moderate level of activity or where there is a moderate frequency of traffic
5
9First aid rooms:
  • (A) 
    Work positions at which first aid is rendered or examinations are conducted or at which tasks essential to the health or safety of an employee are performed
80
  • (B) 
    Other areas
20
10Food preparation areas:
  • (A) 
    Work positions at which prolonged cutting or preparation tasks are performed
80
  • (B) 
    Other areas
20
11Dining areas and recreation spaces:
  • (a) 
    Areas used for serving food, for eating or for recreational activities
20
  • (b) 
    Other areas
10
12Personal service rooms20
13Boiler, engine, ballast control and generator rooms20
14Rooms in which principal heating, ventilation or air conditioning equipment is installed7
15Emergency shower facilities, emergency equipment locations and emergency evacuation areas5

SCHEDULE 2(Subsection 59(2))

Maximum Exposure to Levels of Sound at Workplace

Column 1Column 2
ItemLevels of Sound in dBMaximum Number of Hours of Exposure per Employee per 24-Hour Period
185 or more but not more than 908
2more than 90 but not more than 926
3more than 92 but not more than 954
4more than 95 but not more than 973
5more than 97 but not more than 1002
6more than 100 but not more than 1021.5
7more than 102 but not more than 1051
8more than 105 but not more than 1100.5
9more than 110 but not more than 1150.25
10more than 1150

SCHEDULE 3(Subsection 67(4))

Distances from Live Electrical Parts

Column 1Column 2Column 3
ItemVoltage Range of Part : Part to Ground (V)Distance in MetresDistance in Metres
1Over 425 to 12 00030.9
2Over 12 000 to 22 00031.2
3Over 22 000 to 50 00031.5
4Over 50 000 to 90 0004.51.8
5Over 90 000 to 120 0004.52.1
6Over 120 000 to 150 00062.7
7Over 150 000 to 250 00063.3
8Over 250 000 to 300 0007.53.9
9Over 300 000 to 350 0007.54.5
10Over 350 000 to 400 00095.4

SCHEDULE 4(Subsection 265(3))Hazardous Occurrence Investigation Report

GRAPHIC IS NOT DISPLAYED.

SCHEDULE 5(Subsection 273(1))

First Aid Attendants for Offshore Workplace

Column 1Column 2Column 3Column 4
ItemTotal No. of EmployeesNo. of First Aid AttendantsNo. of Holders of Mariners’ First Aid Certificates Who Have Successfully Completed a CPR CourseNo. of Medics
16 to 101 plus 1 for every 2 employees in excess of 6
211 to 303 plus 1 for every 2 employees in excess of 101
331 to 4013 plus 1 for every 2 employees in excess of 301
441 to 6017 plus 1 for every 2 employees in excess of 402 plus 1 for every 10 employees in excess of 40
5more than 6027 plus 1 for every 2 employees in excess of 604 plus 1 for every 10 employees in excess of 601

SCHEDULE 6(Subsection 279(1))

First Aid Kits

Column 1Column 2
ItemNumber of EmployeesFirst Type of Aid Kit
11 detached from the main partyA
22 to 5B
36 to 15C
416 to 60D
5more than 60E

SCHEDULE 7(Subsection 279(2))

Contents of First Aid Kits

Column 1Type of First Aid Kit
ABCDE
Column23456
ItemSupplies and EquipmentQuantities per Type of First Aid Kit
1Antiseptic — wound solution, 60 mL or antiseptic swabs (10-pack)11236
2Applicator — disposable (10-pack) (not needed if antiseptic swabs used)1248
3Bag — disposable, waterproof, emesis1224
4Bandage — adhesive strips612100200400
5Bandage — gauze, 2.5 cm × 4.5 m (not needed if ties attached to dressings)26812
6Bandage — triangular, 100 cm folded and 2 pins12468
7Container — First Aid Kit11111
8Dressing — compress, sterile, 7.5 cm × 12 cm approx.24812
9Dressing — gauze, sterile, 7.5 cm × 7.5 cm approx.2481218
10Forceps — splinter1111
11Manual — First Aid, English — current edition1111
12Manual — First Aid, French — current edition1111
13Pad with shield or tape for eye11124
14Record — First Aid (section 284)11111
15Scissors — 10 cm111
16Tape — adhesive, surgical 1.2 cm × 4.6 m (not needed if ties attached to dressings)1123
17Antipruritic lotion, 30 mL or swabs (10 packs)1112
18Bandage — elastic, 7.5 cm × 5 m12
19Blanket — emergency, pocket size1
20Dressing — burn, sterile, 10 cm × 10 cm1112
21Hand cleanser or cleansing towelettes, 1 pk.1111
22Splint set with padding — assorted sizes111

SCHEDULE 8(Subparagraph 282(1)(f)(ii))

First Aid Room Supplies and Equipment

Column 1Column 2
ItemSupplies and EquipmentQuantity
1Depressor — tongue (25-pack)1
2Alcohol — isopropyl (500 mL)2
3Antiseptic — wound solution (250 mL)2
4Bandage with applicator — tubular, finger size1
5Bandage — gauze, 10 cm × 4.5 m12
6Bandage — triangular, 100 cm folded and 2 pins12
7Brush — scrub, nail1
8Stretcher — folding1
9Blanket — bed size2
10Basin — wash2
11Bedding — disposable, 2 sheets and 2 pillow cases5
12Gloves — disposable (100-pack)1
13Dressing — burn, sterile, 10 cm × 10 cm12
14Dressing — compress with ties, sterile, 7.5 cm × 7.5 cm12
15Dressing — field, sterile5
16Dressing — gauze squares, sterile, 5 cm × 5 cm (2- pack)50
17Tray — instrument1
18Applicator, disposable (10-pack)5
19Waste receptacle — covered1
20Record — First Aid (section 284)1
21Tape — adhesive, surgical, 2.5 cm × 4.6 m1
22Bag — hot water or hot pack1
23Bag — ice or cold pack1
24Soap — liquid, with dispenser1
25Towels, package or roll of disposable, with dispenser1
26Bottle with solution — eye irrigation, 200 mL2
27Cups, box of disposable, with dispenser1
28Thermometer, clinical1
29First Aid Kit Type B (emergency use)1
30First Aid Kit Type E1
31Bed — hospital type1
32Cervical collar1
33Thermometer, low reading hypothermia1
34Flashlight appropriate for environment of the workplace1
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