PART VIIISafety Materials, Equipment, Devices and Clothing (continued)
Respiratory Protection (continued)
8.9 [Repealed, SOR/2015-143, s. 43]
8.10 Where there is a hazard of injury or disease to or through the skin of a person in a work place, the employer shall provide every person granted access to the work place with
(a) a shield or screen;
(b) a cream to protect the skin; or
(c) an appropriate body covering.
- SOR/95-105, s. 37
- SOR/2015-143, s. 44(F)
8.11 Loose clothing, long hair, dangling accessories, jewellery or other similar items that may be hazardous to the health or safety of an employee in a work place shall not be worn unless they are tied, covered or otherwise secured as to prevent the hazard.
- SOR/2015-143, s. 72
- SOR/2019-246, s. 190
Protection Against Moving Vehicles
8.11.1 If an employee is regularly exposed to contact with moving vehicles during his or her work, the employer shall ensure that the employee wears high-visibility safety apparel that is readily visible under all conditions of use.
- SOR/2015-143, s. 45
8.12 (1) A record of all protection equipment provided by the employer shall be kept by the employer in the work place in which the equipment is located for a period of two years after the day on which the equipment ceases to be used.
(2) The record referred to in subsection (1) shall contain
(a) a description of the equipment and the date of its acquisition by the employer;
(b) the date and result of each inspection and test of the equipment;
(c) the date and nature of any maintenance work performed on the equipment since its acquisition by the employer; and
(d) the name of the person who performed the inspection, test or maintenance of the equipment.
- SOR/2015-143, s. 46
Instructions and Training
8.13 (1) Every person granted access to the work place who uses protection equipment shall be instructed by the employer in the use of the equipment.
(2) Every employee who uses protection equipment shall be instructed and trained in the use, operation and maintenance of the equipment.
(3) The instructions referred to in subsection (2) shall be
(a) set out in writing; and
(b) kept by the employer readily available for examination by every person granted access to the work place.
- SOR/95-105, s. 38(F)
- SOR/2019-246, s. 191(F)
Defective Protection Equipment
8.14 If an employee finds any defect in protection equipment that may render it unsafe for use, they shall report the defect to their employer as soon as feasible.
8.15 An employer shall mark or tag as unsafe and remove from service any protection equipment used by his employees that has a defect that may render it unsafe for use.
PART IXHand Tools and Materials Handling
9.1 In this Part, hand tool means a tool designed to be held in the hand and operated by manual power. (outil à main)
Instructions and Training
9.1.1 An employer shall provide every employee with instructions and training in the safe and proper inspection, maintenance and use of all hand tools that he or she is required to use and in the safe and proper handling of all materials that he or she is required to handle.
- SOR/2015-143, s. 47
- SOR/2019-246, s. 194(F)
9.2 If an employee finds any defect in a hand tool that may render it unsafe for use, they shall report the defect to their employer as soon as feasible.
9.3 An employer shall mark or tag as unsafe and remove from service any hand tool used by his employees that has a defect that may render it unsafe for use.
Manual Handling of Materials
9.4 [Repealed, SOR/2015-143, s. 48]
9.5 If an employee is required to manually lift or carry loads in excess of 10 kg, the employee shall be instructed and trained by the employer
(a) in a safe method of lifting and carrying the loads; and
(b) in a work procedure appropriate to the conditions of the work place and the employee’s physical condition.
9.6 Where an employee is required to manually lift or carry loads in excess of 45 kg, the instructions given to the employee in accordance with section 9.5 shall be
(a) set out in writing;
(b) readily available to the employee to whom they apply; and
(c) kept by the employer for two years after the instructions cease to apply.
9.7 Where a hand cart is provided for use in a work place, it shall be
(a) capable of carrying the intended load without tipping; and
(b) where the hand cart is used for serving food or beverages, fitted with a braking mechanism to prevent uncontrolled movement of the hand cart.
PART XRolling Stock
DIVISION IDesign and Construction
10.1 Rolling stock shall, if feasible, be so designed and constructed that a failure of any part of the rolling stock will not result in loss of control of the rolling stock or create a hazardous condition.
- SOR/95-105, s. 40(F)
- SOR/2019-246, s. 199
10.2 Where a fuel tank, compressed gas cylinder or similar container contains a hazardous substance and is mounted on rolling stock, it shall 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 rolling stock; 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 an employee who is required to operate or ride on the rolling stock.
- SOR/88-200, s. 14
- SOR/95-105, s. 41(F)
- SOR/2015-143, ss. 49(E), 72, 73(F)
Protection from Elements
10.3 (1) Rolling stock shall be fitted with a roof or other structure that protects the operator from exposure to any weather condition that may be hazardous to the operator’s health or safety.
(2) If heat that is produced by self-propelled rolling stock may raise the temperature in the operator’s compartment or position to 27°C or higher, measured 1 m above the floor in the centre of the compartment, the compartment or position shall be protected from the heat by an insulated barrier.
- SOR/2015-143, s. 50
- SOR/2019-246, s. 200
10.4 All self-propelled rolling stock shall be so designed and constructed that the operator will not be injured or his control of the rolling stock impaired by any vibration, jolting or uneven movement of the rolling stock.
10.5 The arrangement and design of dial displays and the controls and general layout and design of the operator’s compartment or position on all self-propelled rolling stock shall not hinder or prevent the operator from operating the rolling stock.
10.6 All self-propelled rolling stock shall be fitted with braking and other control systems that
(a) are capable of safely controlling and stopping the movement of the rolling stock or any accessory equipment that is on or part of the rolling stock; and
(b) respond reliably and quickly to moderate effort on the part of the operator.
10.6.1 Locomotives and passenger train cab cars shall be fitted with braking and other control systems that operate automatically if the operator is incapacitated.
- SOR/2015-143, s. 51
Electric Rolling Stock
10.7 Self-propelled rolling stock that is electrically powered shall be designed and maintained to protect employees from electrical shock.
- SOR/2015-143, s. 52
Automatic Rolling Stock
10.8 Where rolling stock that is controlled or operated by a remote or automatic system may make physical contact with an employee, it shall be prevented from doing so by the provision of an emergency stop system.
10.8.1 Rolling stock that is operated by a controller unit shall be equipped with a system that is capable of initiating an emergency stop.
- SOR/2015-143, s. 53
Self-propelled Rolling Stock Used to Transport Passengers
- SOR/2015-143, s. 54
10.9 Where self-propelled rolling stock is used for transporting passengers or a locomotive is operated in an area occupied by employees, the rolling stock or locomotive shall be fitted with a horn or other audible warning device that emits a distinctive sound that can be heard clearly above the noise of that rolling stock or locomotive and any ambient noise.
- SOR/95-105, s. 42(E)
10.9.1 Self-propelled rolling stock that is used for transporting passengers shall be fitted with emergency exits and with retro-reflective exterior signs and phosphorescent interior signs that clearly indicate the location of each emergency exit.
- SOR/2015-143, s. 55
DIVISION IIMaintenance, Operation and Use
Inspection, Testing and Maintenance
10.10 (1) Before a class of rolling stock is operated for the first time in a work place, the employer shall set out in writing instructions for the inspection, testing and maintenance of that class of rolling stock.
(2) The instructions referred to in subsection (1) shall specify the nature and frequency of inspections, tests and maintenance.
10.11 (1) Every inspection, test and maintenance of rolling stock shall be performed by a qualified person.
(2) The qualified person referred to in subsection (1) shall
(a) comply with the instructions referred to in subsection 10.10(1); and
(b) make and sign a report of each inspection, test or maintenance work performed by him.
(3) The report referred to in paragraph (2)(b) shall
(a) include the date of the inspection, test or maintenance work performed by the qualified person;
(b) identify the rolling stock that was inspected, tested or maintained; and
(c) set out the safety observations of the qualified person inspecting, testing or maintaining the rolling stock.
(4) The employer shall keep a copy of the instructions referred to in subsection 10.10(1) for as long as the rolling stock is in use.
(5) The employer shall keep a copy of the report referred to in paragraph (2)(b) for one year after the report is signed.
- SOR/95-105, s. 43
- SOR/2019-246, s. 202(F)
Operator Instruction and Training
10.12 (1) An employer shall provide every operator of self-propelled rolling stock with instruction and training in the procedures to be followed for its safe and proper use.
(1.1) If an employer requires an operator to inspect or fuel rolling stock, the employer shall provide the operator with instruction and training in the procedures to be followed for its safe and proper inspection or fuelling, as the case may be.
(2) Every employer shall keep a record of any instruction and training referred to in subsection (1) for as long as the operator remains in his employ.
- SOR/2015-143, s. 56
- SOR/2019-246, s. 203(F)
10.13 No employer shall require an employee to operate self-propelled rolling stock unless the employee is capable of operating the rolling stock safely.
10.14 Any repair, modification or replacement of a part of any rolling stock shall not decrease the safety of the rolling stock or part.
Transporting and Positioning of Employees
10.15 Rolling stock shall not be used for transporting or positioning an employee unless the rolling stock is designed for that purpose.
10.16 Seating provided for employees on rolling stock, shall be securely installed and, if feasible, upholstered with a material that breathes.
- SOR/95-105, s. 44(F)
- SOR/2019-246, s. 204
10.17 The floor and the cab and other occupied parts of rolling stock shall, if feasible, be kept free of any grease, oil, ice, materials, tools or equipment that may cause an employee to slip or trip.
- SOR/95-105, s. 45
- SOR/2019-246, s. 205
10.18 An employer shall ensure that if an employee fuels rolling stock in a work place, he or she does the fuelling in accordance with the instruction and training referred to in subsection 10.12(1.1) in a place where the vapours from the fuel are readily dissipated.
- SOR/2015-143, s. 57
- SOR/2019-246, s. 206(F)
10.19 Where tools, tool boxes or spare parts are carried on rolling stock, they shall be securely stored.
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