Canada–Newfoundland and Labrador Offshore Area Occupational Health and Safety Regulations (SOR/2021-247)

Marginal note:Disruptive behaviour

43 Every employer must instruct all employees at each workplace under its control to refrain from engaging in disruptive behaviour at the workplace that may be hazardous to themselves or any other person.

PART 8Personal Protective Equipment

Marginal note:Employee obligations

• 44 (1) The personal protective equipment that every employee must use or wear for the purpose of paragraph 205.027(b) of the Act includes, in respect of any hazard to which they are exposed, all personal protective equipment that the employer or operator provides to them for the purpose of preventing or reducing injury from that hazard.

• Marginal note:Compatibility with clothing

  (2) Every employee must ensure that any clothing worn by them does not interfere with the proper functioning of any personal protective equipment used or worn by them.

Marginal note:Requirements

45 Every employer must ensure that all personal protective equipment that it provides to its employees, or to other individuals at a workplace under its control,

• (a) is designed to effectively protect the user or wearer from the hazard for which it is provided;

• (b) is selected having regard to any other hazards in the work area in which it is intended to be used or worn;

• (c) does not create a hazard when used or worn for the purpose for which it is provided;

• (d) is compatible with all other personal protective equipment that the employer provides to be used or worn at the same time, so that one item of equipment does not make another item ineffective; and

• (e) is maintained in good working order and in a clean and sanitary condition.

Marginal note:Prescribed equipment

46 The personal protective equipment that every employer must provide to its employees and other individuals at a workplace under its control includes

• (a) if the workplace is a marine installation or structure,

  • (i) emergency escape breathing devices that conform to the International Maritime Organization’s International Code for Fire Safety Systems and that, if they are to be used for escape from an atmosphere that is immediately dangerous to life and health,

    • (A) have a rated service time in excess of the anticipated time needed to reach the nearest temporary safe refuge or muster station, and

    • (B) if they are multifunctional self-contained breathing apparatuses or airline respirators, have an auxiliary self-contained air supply with a rated service time in excess of the anticipated time needed to allow for escape by way of the planned escape route and, in any event, of not less than 15 minutes, or

  • (ii) respirators for the purpose of escape that are selected in accordance with CSA Group Standard Z94.4, Selection, use, and care of respirators;

• (b) if the workplace is a marine installation or structure, immersion suits that

  • (i) conform to

    • (A) Chapter II of the LSA Code and IMO Resolution MSC.81(70), with the provisions of that Resolution being read as mandatory, or

    • (B) Underwriters Laboratories standard ANSI/CAN/UL 15027-2, Standard for Immersion Suits – Part 2: Abandonment Suits, Requirements Including Safety, and

  • (ii) are appropriate for all expected environmental conditions in the vicinity of the workplace, all situations that may require emergency evacuation and the time it would take for rescue operations to reach the area and complete a rescue;

• (c) if the workplace is a workboat, an anti-exposure suit for each employee or individual that

  • (i) conforms to Chapter II of the LSA Code and IMO Resolution MSC.81(70), with the provisions of that Resolution being read as mandatory, and

  • (ii) is appropriate for all expected environmental conditions in the vicinity of the workplace;

• (d) if the employee or individual is in the vicinity of moving equipment or loads, personal protective clothing that conforms to CSA Group standard Z96, High-visibility safety apparel, other than the provisions of that standard that pertain to marking, and that is selected in accordance with that standard’s annex on selection, which is to be read as mandatory;

• (e) if the employee or individual may be exposed to a risk of head injury, protective headwear that conforms to CSA Group standard Z94.1, Industrial protective headwear — Performance, selection, care, and use, other than the provisions of that standard that pertain to marking;

• (f) if the employee or individual may be exposed to a risk of injury to the eyes, face, ears or front of the neck, eye or face protectors that conform to CSA Group standard Z94.3, Eye and face protectors, other than the provisions of that standard that pertain to marking, and that are compatible with any corrective lenses worn by the employee or individual;

• (g) if the employee or individual may be exposed to a risk of foot injury or electric shock through footwear, protective footwear that conforms to

  • (i) CSA Group standard Z195, Protective footwear, other than the provisions of that standard that pertain to marking,

  • (ii) ASTM International standard F2413, Standard Specification for Performance Requirements for Protective (Safety) Toe Cap Footwear, other than the provisions of that standard that pertain to marking, or

  • (iii) International Organization for Standardization standard ISO 20345, Personal protective equipment — Safety footwear, other than the provisions of that standard that pertain to marking;

• (h) if the employee or individual may be exposed to noise levels exceeding the threshold limit value for sound, other than while diving, personal protective equipment that conforms to and is selected and maintained in accordance with CSA Group standard Z94.2, Hearing protection devices - Performance, selection, care, and use;

• (i) if the employee or individual may be exposed to a hazard from a type of gas that can be monitored with a personal gas monitoring device, a device of that type that is explosion-proof and has been calibrated in accordance with the manufacturer’s instructions;

• (j) if the employee or individual may be exposed to fire or radiated heat from fire, personal protective clothing that conforms to the design and performance requirements set out in Canadian General Standards Board standard CAN/CGSB 155.20, Workwear for protection against hydrocarbon flash fire and optionally steam and hot fluids, or in Chapter 7 of National Fire Protection Association standard NFPA 2112, Standard on Flame-Resistant Clothing for Protection of Industrial Personnel Against Short-Duration Thermal Exposures from Fire;

• (k) if the employee or individual may be exposed to respiratory hazards, respiratory protective equipment that is

  • (i) selected and maintained in accordance with CSA Group standard Z94.4, Selection, use, and care of respirators, and

  • (ii) in the case of a pressure-demand self-contained breathing apparatus that is to be used in atmospheres that are immediately dangerous to life and health, equipped with an audible alarm that sounds when the air supply has diminished to 33% of its capacity;

• (l) if the employee or individual may be exposed to a risk of injury to or through the skin, an effective shield, screen, cream, lotion or body covering; and

• (m) if the employee or individual is exposed to a risk of falling into the water,

  • (i) a life jacket that is appropriate for all expected environmental conditions and conforms to Chapter II of the LSA Code and IMO Resolution MSC.81(70), with the provisions of that Resolution being read as mandatory,

  • (ii) a personal flotation device that is appropriate for all expected environmental conditions and

    • (A) has been approved by the Minister of Transport, the Canadian Coast Guard or the United States Coast Guard,

    • (B) is appropriate for the weight of the person who will wear it,

    • (C) has sufficient buoyancy to keep the person’s head afloat, and

    • (D) is capable of being inflated manually, regardless of whether it is also equipped with automated inflation technology, or

  • (iii) a fall-arrest system as described in paragraph 109(1)(d).

Marginal note:Respiratory protective equipment

• 47 (1) Every employer must ensure that any respiratory protective equipment that they provide to employees or other individuals at a workplace under its control is used in accordance with CSA Group standard Z94.4, Selection, use, and care of respirators.

• Marginal note:Air supply

  (2) The employer must ensure that any respiratory protective equipment that supplies air is used only if

  • (a) that air conforms to either CSA Group standard Z180.1, Compressed breathing air and systems or European Committee for Standardization (CEN) standard EN 12021, Respiratory equipment — Compressed gases for breathing apparatus; and

  • (b) the system that supplies the air is tested, operated and maintained in accordance with CSA Group standard Z180.1, Compressed breathing air and systems.

Marginal note:Personal gas monitoring device

48 Every employer must ensure that each personal gas monitoring device used at a workplace under its control is bump tested before each use.

Marginal note:Records

49 Despite subsection 87(2), every employer must retain the records referred to in paragraph 87(1)(f) in respect of all personal protection equipment that they provide for as long as the equipment is in service.

PART 9Passengers in Transit

Marginal note:Transit by helicopter

• 50 (1) The information and instruction that every operator must, for the purpose of paragraph 205.014(1)(a) of the Act, ensure is provided to each of the employees and other passengers being transported on a helicopter to or from any of its workplaces includes

  • (a) an overview of the helicopter’s layout and features, including the location of emergency exits and equipment, including life rafts;

  • (b) instruction on precautionary measures to be taken when embarking and disembarking and while en route;

  • (c) the role of passengers during emergencies, including the means by which passengers may communicate directly with the pilot to alert them of an emergency;

  • (d) a demonstration of the donning and doffing of the helicopter passenger transportation suit systems provided in accordance with subsection (3) and instruction on the use of the emergency underwater breathing apparatus provided in accordance with that subsection; and

  • (e) instruction on escape and abandonment procedures, including the use of the life rafts referred to in paragraph (2)(b).

• Marginal note:Equipment

  (2) The equipment and devices with which every operator must, for the purpose of paragraph 205.014(2)(b) of the Act, ensure that any helicopter going to or from any of its workplaces is equipped includes

  • (a) equipment that permits the helicopter’s flight path to be tracked at all times; and

  • (b) life rafts, each of which is equipped with two position indicating devices, in sufficient numbers to accommodate all passengers on board, having regard to the passengers’ space requirements and weight while wearing helicopter passenger transportation suit systems.

• Marginal note:Personal protective equipment

  (3) The personal protective equipment that every operator must, for the purpose of paragraph 205.014(3)(a) of the Act, ensure is provided to each of the employees and other passengers on a helicopter going to or from any of its workplaces includes

  • (a) a helicopter passenger transportation suit system and life preserver that conform to the Airworthiness Manual published by the Department of Transport; and

  • (b) an emergency underwater breathing apparatus (EUBA) that conforms to the Canadian Aviation Regulations.

• Marginal note:Training

  (4) The training that every operator must, for the purpose of paragraph 205.014(3)(b) of the Act, ensure is provided to each of the employees and other passengers on a helicopter going to or from any of its workplaces includes

  • (a) practice in donning and doffing the helicopter passenger transportation suit system that is provided to them; and

  • (b) the training referred to in paragraph 602.66(1)(c) of the Canadian Aviation Regulations in respect of the emergency underwater breathing apparatus that is provided to them.

• Marginal note:Exception

  (5) The requirements to provide or wear a helicopter passenger transportation suit system or emergency underwater breathing apparatus or to provide training in their use do not apply in respect of any passenger in respect of whom there is an exemption, under subsection 5.9(2) of the Aeronautics Act, from the requirements under the Canadian Aviation Regulations respecting the wearing of a helicopter passenger transportation suit system or the use of an emergency underwater breathing apparatus.