Short Title

1 These Regulations may be cited as the Oil and Gas Occupational Safety and Health Regulations.

PART IGeneral

Interpretation

1.1 In these Regulations,

Act

Act means Part II of the Canada Labour Code; (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 the 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 means CSA Standard C22.1-1990 Canadian Electrical Code, Part I, dated January 1990; (Code canadien de l’électricité)

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 and Emergency Cardiac Care, dated June 6, 1986, as reprinted by the American Heart Association; (cours RCP)

CSA

CSA means the Canadian Standards Association; (ACNOR)

dangerous substance

dangerous substance[Repealed, SOR/88-199, s. 1]

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; (installation 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 work place; (conditions environnementales)

field accommodation

field accommodation means living, eating or sleeping quarters provided by an employer for the accommodation of employees at a work place; (logement sur place)

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 mariners 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)

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)

mariners first aid certificate

mariners first aid certificate means the certificate issued by an approved organization for the successful completion of a mariners’ 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 Canadian Heart Foundation, 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,

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

  • (iii) an Occupational Qualification VIB Medical Assistant Canadian military certificate; (technicien médical)

medical practitioner

medical practitioner[Repealed, SOR/88-199, s. 1]

Minister

Minister means the Minister of Labour; (ministre)

National Building Code

National Building Code means the National Building Code of Canada, 1985, issued by the Associate Committee on the National Building Code, National Research Council of Canada, dated 1985, as amended to January 1987; (Code national du bâtiment)

National Fire Code

National Fire Code means the National Fire Code of Canada, 1985, issued by the Associate Committee on the National Fire Code, National Research Council of Canada, dated 1985, as amended to January 1987; (Code national de prévention des incendies)

offshore

offshore means, with respect to a work place, a location within a water-covered area that is not an island, an artificial island or an ice platform; (au large des côtes)

oxygen deficient atmosphere

oxygen deficient atmosphere means an atmosphere in which there is less than 18 per cent 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 production, separating, treating and processing equipment and facilities necessary in production operations, including airstrips, helicopter landing areas and field accommodation; (installation 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 his knowledge, training and experience, is qualified to perform that duty safely and properly; (personne qualifiée)

regional office

regional office means, in respect of a work place, the regional office of the Canada Oil and Gas Lands Administration, formed under the Department of Energy, Mines and Resources and the Department of Indian Affairs and Northern Development, for the administrative region of that Administration in which the work place is situated; (bureau régional)

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 work place; (véhicule de service)

toilet room

toilet room means a room that contains a water closet or a urinal, but does not include an outdoor privy; (cabinet de toilette)

ULC Standard

ULC Standard means the Underwriters’ Laboratories of Canada Standard CAN4-S508-M83, Rating and Fire Testing of Fire Extinguishers, dated June 1983, as amended to July 1986. (norme ULC)

Prescription

1.2 These Regulations are prescribed for the purposes of sections 125, 125.1, 125.2 and 126 of the Act.

Application

• 1.3 (1) Subject to subsection (3), these Regulations, other than Part II, apply in respect of employees employed on or in connection with exploration or drilling for or the production, conservation, processing or transportation, other than transportation through an interprovincial pipeline, of oil or gas in Canada lands, as defined in the Canada Oil and Gas Act.

• (2) Subject to subsection (3), Part II applies in respect of employees employed in Canada lands, as defined in the Canada Oil and Gas Act, on or in connection with the transportation of oil or gas through an interprovincial pipeline.

• (3) These Regulations do not apply in respect of employees employed in the operation of ships or aircraft.

Records and Reports

1.4 Where an employer is required to keep and maintain a record, report or other document referred to in section 125 or 125.1 of the Act, the employer shall keep and maintain the record, report or other document in such a manner that it is readily available for examination by a safety officer and by the safety and health committee or the safety and health representative, if either exists, for the work place to which it applies.

Inconsistent Provisions

1.5 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 shall prevail to the extent of the inconsistency.

1.6 Notwithstanding any provision in any standard incorporated by reference in these Regulations, a reference to another publication in that standard is a reference to the publication as it read on October 30, 1987.

PART IIInterprovincial Pipelines

2.1 The Canada Occupational Safety and Health Regulations apply in respect of employees employed in Canada lands, as defined in the Canada Oil and Gas Act, on or in connection with the transportation of oil or gas through an interprovincial pipeline.

PART IIIBuilding Safety

Standards

3.1 The design and construction of every building on shore shall meet the standards set out in Parts 3 to 9 of the National Building Code so far as is reasonably practicable.

Doors

3.2 Every double action swinging door that is located in an exit, entrance or passageway used for two-way pedestrian traffic shall 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

• 3.3 (1) 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) Where 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 shall be fitted around the wall opening or floor opening or the opening shall be covered with material capable of supporting all loads that may be imposed on it.

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

• (4) Subsection (2) does not apply to the loading and unloading areas of truck, railroad and marine docks.

• (5) Subject to section 3.10, guardrails shall be installed around the perimeter of every work place, other than a helicopter deck, where there is a drop of more than 1 m from the work place to an adjacent area.

Open Top Bins, Hoppers, Vats and Pits

• 3.4 (1) Where 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 shall be fitted with a fixed ladder on the inside wall of the enclosure and shall 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) shall be so designed, constructed and maintained that it will support a load that is not less than

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

  • (b) a live load of 6 kPa,

  whichever is the greater.

Ladders, Stairways and Ramps

3.5 Where 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 shall install a fixed ladder, stairway or ramp between the levels.

3.6 Where 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 shall

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

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

• 3.7 (1) Subject to subsection (5), a fixed ladder that is more than 6 m in length shall, where 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 shall 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) shall be designed and constructed to withstand all loads that may be imposed on it.

• (4) A fixed ladder shall 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 exceeding 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 13.10 of Part XIII.

Docks, Ramps and Dock Plates

• 3.8 (1) Every loading and unloading dock and ramp shall 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 shall 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

• 3.9 (1) Every guardrail shall 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 shall 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.

3.10 Where it is not practicable to install guardrails as required by subsection 3.3(5) or subsection 4.8(1) or paragraph 4.11(2)(c) of Part IV, cables or chains shall be installed in a manner that will prevent employees from falling from the work place.

Toe Boards

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

  • (a) a toe board that

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

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

  • (b) where 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 platform or other raised area to a height of not less than 450 mm.

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

  • (a) tied in 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

• 3.12 (1) Every stairway, walkway, ramp and passageway used by employees shall, as far as is practicable, be kept free of accumulations of ice and snow.

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

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

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

• (2) The floor in a work place shall, as far as is practicable, be kept free from oil, grease or any other slippery substance.

Temporary Heat

• 3.14 (1) Subject to subsection (2), where a salamander or other portable open-flame heating device is used in an enclosed work place, the heating device shall not restrict a means of exit and shall 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 safety and health of employees; and

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

• (2) Where the heating device referred to in subsection (1) does not provide complete combustion of the fuel used in connection with it, the heating device shall be equipped with a securely supported sheet metal pipe that discharges the products of combustion outside the enclosed work place.

• (3) A portable fire extinguisher that has not less than a 10B rating as defined in the ULC Standard shall be readily accessible from the location of the heating device referred to in subsection (1) when the device is in use.

PART IVTemporary Structures and Excavations

Interpretation

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

Application

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

General

4.3 No employee shall work on a temporary structure in environmental conditions that are likely to be hazardous to the safety or health of the employee, except where the work is required to remove a hazard or to rescue an employee.

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

4.5 No employee shall use a temporary structure unless

• (a) he has authority from his employer to use it; and

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

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

• (2) Where an inspection made in accordance with subsection (1) reveals a defect or condition that adversely affects the structural integrity of a temporary structure, no employee shall use the temporary structure until the defect or condition is remedied.

Barricades

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

Guardrails and Toe Boards

• 4.8 (1) Subject to section 3.10 of Part III, at every open edge of a platform of a temporary structure guardrails shall be installed and, subject to subsection 3.11(2) of Part III, where there is a likelihood that persons beneath the platform may be injured by objects falling from the platform, toe boards shall be installed.

• (2) The guardrails and toe boards referred to in subsection (1) shall meet the standards set out in section 3.9 and subsection 3.11(1) of Part III.

Temporary Stairs, Ramps and Platforms

• 4.9 (1) Subject to subsection 4.10(3), temporary stairs, ramps and platforms shall 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 shall have

  • (a) uniform steps in the same flight;

  • (b) a slope not exceeding 1.2 in 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 shall 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

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

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

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

• (4) Every scaffold shall

  • (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 shall be capable of carrying, without dangerous settling, all loads that are likely to be imposed on them.

Stages

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

• (2) Every stage shall

  • (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 3.10 of Part III, where 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 shall have a safety factor of not less than six.

Ladders

• 4.12 (1) Commercially manufactured portable ladders shall meet the standards set out in CSA Standard CAN3-Z11-M81, Portable Ladders, the English version of which is dated September 1981, as amended to March 1983, and the French version of which is dated August 1982, as amended to June 1983.

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

  • (a) be placed on a firm footing; and

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

• (3) Every fixed or portable ladder shall be positioned in such a manner that it is not necessary for a person to use the underside of the ladder.

• (4) Where a fixed or portable ladder provides access from one level to another

  • (a) the ladder shall extend, where practicable, at least three rungs above the higher level; or

  • (b) where it is not practicable to comply with paragraph (a), handholds shall be provided.

• (5) No metal or wire-bound fixed or portable ladder shall be used where there is a hazard that it may come into contact with any live electrical circuit or equipment.

• (6) No employee shall 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 step ladder.

• (7) No non-metallic fixed or portable ladder shall be coated with a material that may hide flaws.

Excavation

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

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

• (3) Where an employee is required to enter an excavation or trench 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

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

• (4) Subsection (3) does not apply in respect of a trench where the employer provides a system of shoring composed of steel plates and bracing, welded or bolted together, that can support the walls of the trench from the ground level to the trench bottom and can be moved along as work progresses.

• (5) The installation and removal of the shoring and bracing referred to in subsection (3) shall be performed or supervised by a qualified person.

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

Safety Nets

• 4.14 (1) Where there is a hazard that tools, equipment or materials may fall onto or from a temporary structure, the employer shall 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) shall meet the standards set out in ANSI Standard ANSI A10.11-1979, American National Standard for Safety Nets Used During Construction, Repair and Demolition Operations, dated August 7, 1979.

Housekeeping

4.15 Every platform, hand-rail, guardrail and work area on a temporary structure used by an employee shall, as far as is practicable, be kept free of accumulations of ice and snow while the temporary structure is in use.

4.16 The working surface of a temporary structure used by an employee shall, where 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 VElevating Devices

Standards

• 5.1 (1) Every elevating device and every safety device attached thereto shall

  • (a) meet the standards set out in the applicable CSA standard referred to in subsection (2), so far as 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 applicable CSA standard for

  • (a) elevators, dumbwaiters, escalators and moving walks is CSA Standard CAN/CSA — — B44-M90, Safety Code for Elevators, the English version of which is dated May 1990 and the French version of which is dated December 1990, other than clause 9.1.4;

  • (b) manlifts is CSA Standard B311-M1979, Safety Code for Manlifts, the English version of which is dated October 1979 and the French version of which is dated July 1984, and Supplement No. 1-1984 to B311-M1979, the English version of which is dated June 1984 and the French version of which is dated August 1984; and

  • (c) elevating devices for the handicapped is CSA Standard CAN3-B355-M81, Safety Code for Elevating Devices for the Handicapped, the English version of which is dated April 1981 and the French version of which is dated December 1981.

Personnel Transfer Baskets

• 5.2 (1) No basket shall be used to transfer freight except in an emergency.

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

• (3) Where 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 shall be in direct radio contact; and

  • (b) the person to be transferred shall

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

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

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

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

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

• (7) The raising or lowering of a basket shall, as far as is practicable, be carried out over water.

Use and Operation

5.3 No elevating device shall be used or operated

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

• (b) where 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.

• 5.4 (1) Subject to subsection (3), no elevating device shall be used or placed in service while any safety device attached thereto is inoperative.

• (2) Subject to subsection (3), no safety device attached to an elevating device shall 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

5.5 Every elevating device and every safety device attached thereto shall be inspected and tested by a qualified person to determine that the prescribed standards are met

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

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

• (c) once every 12 months.

• 5.6 (1) A record of each inspection and test made in accordance with section 5.5 shall

  • (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) shall be kept by the employer for five years after the date on which it is signed.

Repair and Maintenance

5.7 Repair and maintenance of elevating devices and safety devices attached thereto shall be performed by a qualified person appointed by the employer.

PART VIBoilers and Pressure Vessels

Interpretation

6.1 In this Part,

inspector

inspector means a qualified person recognized under the laws of Canada or of a province as qualified to inspect boilers, pressure vessels or piping systems; (inspecteur)

maximum allowable working pressure

maximum allowable working pressure means the maximum allowable working pressure set out in the record referred to in section 6.12; (pression de fonctionnement maximale autorisée)

maximum temperature

maximum temperature means the maximum temperature set out in the record referred to in section 6.12; (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)

Application

6.2 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

6.3 Every boiler, pressure vessel and piping system used in a work place shall be constructed, tested and installed by a qualified person.

Use, Operation, Repair, Alteration and Maintenance

• 6.4 (1) No person shall use a boiler, pressure vessel or piping system unless it has been inspected by an inspector in accordance with subsection (2).

• (2) Every boiler, pressure vessel and piping system shall be inspected in accordance with sections 6.8 to 6.10

  • (a) after installation; and

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

6.5 Every boiler, pressure vessel and piping system in use at a work place shall be operated, maintained and repaired by a qualified person.

6.6 No person shall 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.

Buried Pressure Vessels

6.7 Notice of a proposed backfilling over a buried pressure vessel shall be given to the regional safety officer before the backfilling is begun.

Inspections

• 6.8 (1) Subject to section 6.9, every boiler, pressure vessel and piping system in use in a work place shall 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.

• 6.9 (1) Where 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 shall 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 shall be verified at least once every five years by

  • (a) where practicable, an internal inspection; or

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

• 6.10 (1) Where more than five years have elapsed since the date of the last test and inspection of a Halon container, the container shall 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 shall be emptied, subjected to a test of container strength and a complete visual inspection and re-marked before being placed back in service.

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

6.11 In addition to the requirements of sections 6.8 to 6.10, every boiler, pressure vessel and piping system in use at a work place shall be inspected by a qualified person as frequently as is necessary to ensure that the boiler, pressure vessel or piping system is safe for its intended use.

Records

• 6.12 (1) A record of each inspection carried out under sections 6.4 and 6.8 to 6.11 shall be completed by the inspector or qualified person who carried out the inspection.

• (2) Every record referred to in subsection (1)

  • (a) shall be signed by the inspector or qualified person who carried out the inspection; and

  • (b) shall 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 opinion of the inspector or qualified person who carried out the inspection, the boiler, pressure vessel or piping system is safe for its intended use,

    • (vi) where appropriate in the opinion of the inspector or qualified person who carried out the inspection, recommendations regarding the need for more frequent inspections or tests than are required by section 6.8, 6.9 or 6.10, and

    • (vii) any other observation that the inspector or qualified person who carried out considers relevant to the safety of employees.

• (3) The employer shall keep every record referred to in subsection (1) for one year after the date that the next inspection is required by this Part.

PART VIILevels of Lighting

Application

7.1 This Part does not apply to the bridge of a drilling unit or floating production facility.

General

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

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

Measurement of Average Levels of Lighting

7.3 For the purposes of this Part, the average level of lighting at a work position or in an area shall be determined by making four or more measurements at different places at the work position or in the area

• (a) where work is performed at a level higher than the floor, at the level at which the work is performed, and

• (b) in any other case, 1 m above the floor,

and dividing the aggregate of the results of the measurements by the number of the measurements.

Minimum Average Levels of Lighting

7.4 The average level of lighting at a work position or in an area referred to in Column I of an item of the Schedule to this Part shall be not less than the average level set out in Column II of that item.

Emergency Lighting Systems

• 7.5 (1) Where a failure in the lighting system in an area through which an employee passes in carrying out emergency procedures referred to in subsection 18.9(1) will cause the level of lighting to be reduced to less than 3 dalx, an emergency lighting system shall be installed in the area.

• (2) The emergency lighting system referred to in subsection (1) shall

  • (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

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

PART VIIILevels of Sound

Interpretation

8.1 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 SI.4-1983, Specification for Sound Level Meters, dated February 17, 1983, and is referred to in that Standard as type 0, 1 or 2. (sonomètre)

Levels of Sound

• 8.2 (1) Subject to subsections (2) and (3) and sections 8.3 and 8.4, the level of sound in a work place shall be less than 85 dB.

• (2) Where it is not reasonably practicable for an employer to maintain the level of sound in a work place at less than 85 dB, no employee shall be exposed in any 24 hour period to

  • (a) a level of sound referred to in Column I of an item of the schedule to this Part for a number of hours exceeding the number set out in Column II of that item; or

  • (b) a number of different levels of sound referred to in Column I of an item of the schedule to this Part, where 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 II of that item.

• (3) Where 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 shall

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

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

    • (i) meets the standards set out in CSA Standard Z94.2-M1984, Hearing Protectors, the English version of which is dated June 1984 and the French version of which is dated February 1985, and

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

8.3 No employee shall be exposed in sleeping quarters to a level of sound of more than 75 dB.

8.4 Where the level of impulse sound in a work place exceeds 140 dB, the employer shall provide every employee entering the work place with a hearing protector that

• (a) meets the standards set out in CSA Standard Z94.2-M1984, Hearing Protectors, the English version of which is dated June 1984 and the French version of which is dated February 1985; and

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

Sound Level Measurement

8.5 The levels of sound referred to in sections 8.2 and 8.3 shall be measured by using the slow exponential-time-averaging characteristic and the A-weighting characteristic of a sound level meter.

8.6 The level of impulse sound referred to in section 8.4 shall be measured by using the impulse exponential-time-averaging characteristic of a sound level meter.

Warning Signs

8.7 In a work place where the level of sound is 85 dB or more or where the peak level of impulse sound exceeds 140 dB, the employer shall post signs warning persons entering the work place

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

• (b) if applicable, of the maximum number of hours of exposure determined under subsection 8.2(2); and

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

PART IXElectrical Safety

Interpretation

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

Safety Procedures

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

• (2) Where there is a likelihood that the qualified person or the employee referred to in subsection (1) may receive a hazardous electrical shock during the performance of testing or work,

  • (a) the qualified person or the employee shall use such insulated protection equipment and tools as will protect him from injury during the performance of the work; and

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

• 9.3 (1) Where electrical equipment is live or may become live, no employee shall 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 9.10.

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

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

• (4) Where live electrical equipment is not guarded or insulated in accordance with subsection (2) or (3) or where the employee referred to in subsection (3) is not insulated from ground, no employee shall work so near to any live part of the electrical equipment that is within a voltage range set out in Column I of an item of the schedule to this Part 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 II of that item, where the employee is not a qualified person; or

  • (b) the distance set out in Column III of that item, where the employee is a qualified person.

• (5) No employee shall work near a live part of any electrical equipment referred to in subsection (4) where there is a hazard that an unintentional movement by the employee would bring any part of his body or any thing with which he is in contact closer to that live part than the distance referred to in that subsection.

9.4 No employee shall work on or near high voltage electrical equipment unless he is authorized to do so by his employer.

9.5 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 shall be posted in a conspicuous place at every approach to live high voltage electrical equipment.

Safety Watcher

• 9.6 (1) Where 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 work place, it is necessary for the safety of the employee that the work be observed by a person not engaged in the work, the employer shall appoint a safety watcher

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

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

• (2) A safety watcher shall be

  • (a) informed of his duties as a safety watcher 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 he considers dangerous; and

  • (d) free of any other duties that might interfere with his duties as a safety watcher.

• (3) For the purposes of subsection (1), an employer may appoint himself as a safety watcher.

Coordination of Work

9.7 Where an employee is working on or in connection with electrical equipment, the employee and every other person who is so working, including every safety watcher, shall be fully informed by the employer with respect to the safe coordination of their work.

Poles and Elevated Structures

• 9.8 (1) Before an employee climbs a pole or elevated structure that is embedded in the ground and is used to support electrical equipment, the employer shall give instructions and training to the employee respecting inspections and tests of the pole or structure to be carried out before the pole or structure is climbed.

• (2) Where, as a result of an inspection or test of a pole or elevated structure referred to in subsection (1), it appears to an employee that the pole or structure will be safe for climbing only when temporary supports have been installed, pike-poles alone shall not be used for the supports.

9.9 Every pole or elevated structure referred to in subsection 9.8(1) shall meet the standards set out in

• (a) CSA Standard CAN3-015-M83, Wood Utility Poles and Reinforcing Studs, the English version of which is dated January 1983 and the French version of which is dated December 1983; or

• (b) CSA Standard A14-M1979, Concrete Poles, the English version of which is dated September 1979 and the French version of which is dated November 1987.

Isolation of Electrical Equipment

• 9.10 (1) Before an employee isolates electrical equipment or changes or terminates the isolation of electrical equipment, the employer shall 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) shall

  • (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) shall

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

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

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

  • (d) where 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 referred to in subsection (1) shall be shown and explained to the employee.

• (5) The instructions referred to in subsection (1) shall be kept readily available for examination by employees at the work place in which the electrical equipment is located.

Control Devices, Switches, Cords and Cables

• 9.11 (1) Every control device shall 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 shall be free from obstruction.

• (3) Where 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 shall be fitted with a locking device that only such an authorized person can activate.

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

• 9.12 (1) All electrical equipment within a Class 1 Division 1 area or Class 1 Division 2 area as defined in the Canadian Electrical Code shall be constructed in a manner suitable for the environmental conditions in the area in which the equipment is used.

• (2) Each extension cord of electrical equipment referred to in subsection (1) shall be equipped with a terminal that provides an interruption of the circuit before a connecting device is withdrawn.

Defective Electrical Equipment

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

Electrical Fuses

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

• (2) No employee shall replace missing or burnt-out fuses unless authorized to so do by a qualified person.

Power Supply Cables

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

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

Grounded Electrical Equipment

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

SCHEDULE(Subsection 9.3(4))

	Column I	Column II	Column III
Item	Voltage Range of Part : Part to Ground (V)	Distance in metres	Distance in metres
1	Over       425  to   12,000	3	0.9
2	Over  12,000  to   22,000	3	1.2
3	Over  22,000  to   50,000	3	1.5
4	Over  50,000  to   90,000	4.5	1.8
5	Over  90,000  to 120,000	4.5	2.1
6	Over 120,000 to 150,000	6	2.7
7	Over 150,000 to 250,000	6	3.3
8	Over 250,000 to 300,000	7.5	3.9
9	Over 300,000 to 350,000	7.5	4.5
10	Over 350,000 to 400,000	9	5.4

PART XSanitation

Interpretation

10.1 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, field accommodation or a combination thereof. (local réservé aux soins personnels)

General

• 10.2 (1) Every employer shall maintain each personal service room and food preparation area used by employees in a clean and sanitary condition.

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

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

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

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

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

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

10.7 No person shall 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.

10.8 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, shall be maintained at a level of not less than 18°C and, where reasonably practicable, not more than 29°C.

• 10.9 (1) In each personal service room and food preparation area, the floors, partitions and walls shall 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 shall be water-tight and impervious to moisture.

Toilet Rooms

• 10.10 (1) Where reasonably practicable, a toilet room shall be provided for employees and, where persons of both sexes are employed at the same work place, a separate toilet room shall be provided for employees of each sex.

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

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

• 10.11 (1) Every toilet room shall 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) where reasonably practicable, there is direct access into the toilet room from a hallway; and

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

• (2) Where a toilet is provided as part of private field accommodation, there may be direct access thereto from the sleeping quarters for which the toilet room is provided.

10.12 Toilet paper shall be provided at each water closet.

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

Wash Basins

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

  • (a) where the room contains one or two water closets or urinals, one wash basin; and

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

• (2) Where an outdoor privy is provided, the employer shall 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 shall 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 Canadian Plumbing Code, 1985, issued by the Associate Committee on the National Building Code, National Research Council of Canada.

10.15 All wash basins and industrial wash troughs and circular wash basins referred to in section 10.14 shall be supplied with hot and cold water.

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

10.17 In every personal service room that contains a wash basin or an industrial wash trough or circular wash basin, the employer shall 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 where disposable towels are provided for drying hands.

Showers and Shower Rooms

• 10.18 (1) A shower room with at least one shower head for every 10 employees or portion of that number shall 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 shall be constructed and arranged in such a way that water cannot leak through the walls or floors.

• (3) Every shower shall be provided with

  • (a) hot and cold water;

  • (b) soap or other cleaning agent; and

  • (c) a clean towel.

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

Potable Water

10.19 Every employer shall provide potable water for drinking, personal washing and food preparation that meets the standards set out in the Guidelines for Canadian Drinking Water Quality, 1978, published by authority of the Minister of National Health and Welfare.

10.20 Where water is transported for drinking, personal washing or food preparation, only sanitary water containers shall be used.

10.21 Where a storage container for drinking water is used,

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

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

• (c) the water shall be drawn from the container by

  • (i) a tap,

  • (ii) a ladle used only for the purpose of drawing water from the container, or

  • (iii) any other means that precludes the contamination of the water.

10.22 Except where drinking water is supplied by a drinking fountain, sanitary single-use drinking cups shall be provided.

10.23 Any ice that is added to drinking water or used for the contact refrigeration of foodstuffs shall

• (a) be made from potable water; and

• (b) be so stored and handled as to prevent contamination.

10.24 Where drinking water is supplied by a drinking fountain, the fountain shall meet the standards set out in ARI Standard 1010-82, Standard for Drinking-Fountains and Self-Contained, Mechanically-Refrigerated Drinking-Water Coolers, dated 1982.

Field Accommodation

10.25 All field accommodation shall meet the following standards:

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

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

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

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

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

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

• 10.26 (1) Subject to subsection (3), all field accommodation referred to in sections 1.1 to 1.3 of CSA Standard A394-M1984, Guide to Requirements for Relocatable Industrial Accommodation, dated March 1984, shall, so far as is reasonably practicable, meet the standards set out in that Standard except section 2.2, clauses 4.4.1, 4.4.2 and 4.4.4, paragraph 4.4.7(a) and Appendix A.

• (2) The installation of plumbing fixtures in field accommodation referred to in subsection (1) shall meet the standards set out in the Canadian Plumbing Code, 1985, issued by the Associate Committee on the National Building Code, National Research Council of Canada, dated 1985, as amended to January 1987.

• (3) In field accommodation referred to in subsection (1) that is not equipped with sleeping quarters, the employer shall provide water closets and wash basins in accordance with subsection 3.6.4 of the National Building Code.

• (4) All mobile homes provided as field accommodation shall meet the standards set out in CSA Standard Z240.2.1-1979, Structural Requirements for Mobile Homes, dated September 1979, as amended to April 1984.

• (5) For the purposes of clause 4.12.4 of the Standard referred to in subsection (4), there is no other approved method.

Sleeping Quarters

10.27 In any field 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 shall be provided for each employee;

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

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

Preparation, Handling, Storage and Serving of Food

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

• (2) No person who is suffering from a communicable disease shall work as a food handler.

10.29 Where food is served in a work place, the employer shall adopt and implement Section G of the Sanitation Code for Canada’s Foodservice Industry, published by the Canadian Restaurant and Foodservices Association, dated September 1984, other than items 2 and 11 thereof.

• 10.30 (1) Foods that require refrigeration to prevent them from becoming hazardous to health shall be maintained at a temperature of 4°C or lower.

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

10.31 All equipment and utensils that come into contact with food shall 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.

10.32 No person shall 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 water closet, urinal or shower; or

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

Food Waste and Garbage

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

• (2) Food waste and garbage shall be

  • (a) disposed of by a sanitary drainage system;

  • (b) held in a garbage container; or

  • (c) incinerated.

• (3) Every employer shall 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 work place or the integrity of any equipment.

10.34 Garbage containers shall 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) where 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) where liquids, wet materials or food waste are disposed of therein, leakproof.

Dining Areas

10.35 Every dining area provided by the employer shall 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

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

Clothing Storage

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

• 10.38 (1) A change room shall be provided by the employer where

  • (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 safety or health reasons; or

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

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

• (3) No employee shall leave the work place wearing clothing contaminated by a hazardous substance.

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

PART XIHazardous Substances

Interpretation

11.1 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

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

DIVISION IGeneral

Hazard Investigation

• 11.3 (1) Where there is a likelihood that the safety or health of an employee in a work place is or may be endangered by exposure to a hazardous substance or by insufficient lighting, the employer shall, without delay,

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

  • (b) notify the safety and health committee or the safety and health representative, if either exists, of the proposed investigation and of the name of the qualified person appointed to carry out that investigation.

• (2) In the investigation referred to in subsection (1), the following criteria shall 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 to safety and health 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 11.23 or 11.24;

  • (h) the possibility that the level of lighting in the work place is less than the level prescribed in Part VII; and

  • (i) the possibility that the level of sound in the work place is greater than the level prescribed in Part VIII.

11.4 On completion of the investigation referred to in subsection 11.3(1) and after consultation with the safety and health committee or the safety and health representative, if either exists, the qualified person shall set out in a written report signed by the qualified person

• (a) his observations respecting the criteria considered in accordance with subsection 11.3(2); and

• (b) his recommendations respecting the manner of compliance with sections 11.6 to 11.28.

11.5 The report referred to in section 11.4 shall be kept by the employer at the work place to which it applies for one year after the date on which the qualified person signed the report.

Substitution of Substances

• 11.6 (1) A hazardous substance shall not be used for any purpose in a work place if it is reasonably practicable to substitute therefor a substance that is not a hazardous substance.

• (2) Where a hazardous substance is required to be used for any purpose in a work place and an equivalent substance that is less hazardous is available to be used for that purpose, the equivalent substance shall be substituted for the hazardous substance where reasonably practicable.

Ventilation

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

• (a) where the hazardous substance is a chemical agent, the concentration of the chemical agent does not exceed the values, levels and percentages prescribed in sections 11.23 and 11.24; and

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

Air Pressure

• 11.8 (1) Subject to subsection (2), where there is a likelihood that explosive or toxic vapours may enter an enclosed work place or field accommodation, the air pressure in the work place or field accommodation shall, where practicable, be maintained positive in relation to the air pressure in the surrounding area.

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

Warnings

11.9 Where reasonably practicable, automated warning and detection systems shall be provided by the employer where the seriousness of any exposure to a hazardous substance so requires.

Storage, Handling and Use

11.10 Every hazardous substance stored, handled or used in a work place shall be stored, handled and used in a manner whereby the hazard related to that substance is reduced to a minimum.

11.11 Subject to section 11.14, where a hazardous substance is stored, handled or used in a work place, any hazard resulting from that storage, handling or use shall be confined to as small an area as practicable.

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

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

11.13 The quantity of a hazardous substance used or processed in a work place shall, as far as is practicable, be kept to a minimum.

11.14 Where 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 standards set out in the United States National Fire Prevention Association Inc. publication NFPA 77-1983, Recommended Practice on Static Electricity, dated 1983, shall be adopted and implemented.

Warning of Hazardous Substances

• 11.15 (1) Where a hazardous substance is stored in a work place, signs shall 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 work place shall be readily available for examination at the work place.

11.16 and 11.17 [Repealed, SOR/88-199, s. 8]

Assembly of Pipes

11.18 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 shall be

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

• (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 thereafter; and

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

Employee Education

• 11.19 (1) Every employer shall, in consultation with the safety and health committee or the safety and health representative, if either exists, develop and implement an employee education program with respect to hazard prevention and control at the work place.

• (2) The employee education program referred to in subsection (1) shall 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 11.4(a),

    • (v) the information disclosed on the material safety data sheet referred to in section 11.30 and the purpose and significance of that information,

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

    • (vii) the information referred to in subsection 11.15(2);

  • (b) the instruction and training of each employee who operates, maintains or repairs an assembly of pipes referred to in section 11.18 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 11.10, 11.11 and 11.14, 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) where the employer makes a machine-readable version of a material safety data sheet available in accordance with subsection 11.36(2), the training of each employee in accessing that material safety data sheet.

• (3) Every employer shall, in consultation with the safety and health committee or the safety and health representative, if any, 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 work place; and

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

11.20 A written record of the employee education program referred to in subsection 11.19(1) shall 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.

11.21 [Repealed, SOR/88-199, s. 10]

Medical Examinations

• 11.22 (1) Where the report referred to in section 11.4 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 work place.

• (2) Where the employer

  • (a) consults a physician pursuant to subsection (1) and the physician confirms the recommendation for a medical examination, or

  • (b) does not consult a physician pursuant to subsection (1),

  the employer shall not permit an employee to work with the hazardous substance in the work place 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) Where an employer consults a physician pursuant to subsection (1), the employer shall keep a copy of the decision of the physician with the report referred to in section 11.4.

• (4) The cost of a medical examination referred to in subsection (2) shall be borne by the employer.

Control of Hazards

• 11.23 (1) No employee shall 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 for 1986-1987;

  • (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 safety and health of the employee.

• (2) Where 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 shall 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 American Conference of Governmental Industrial Hygienists in its publication entitled Manual of Analytical Methods Recommended For Sampling and Analysis of Atmospheric Contaminants, dated 1958;

  • (b) the standards set out by the United States National Institute for Occupational Safety and Health in the NIOSH Manual of Analytical Methods, third edition, volumes 1 and 2, dated February 1984; or

  • (c) 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 pursuant to subsection (2) shall be kept by the employer at his place of business nearest to the work place where the air was sampled for two years after the date of the test.

• (4) A record referred to in subsection (3) shall 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.

• 11.24 (1) Subject to subsections (2) and (3), the concentration of an airborne chemical agent or combination of chemical agents in a work place shall be less than 50 per cent of the lower explosive limit of the chemical agent or combination of chemical agents.

• (2) Where a source of ignition may ignite the concentration of an airborne chemical agent or combination of chemical agents in a work place, that concentration shall not exceed 10 per cent of the lower explosive limit of the chemical agent or combination of chemical agents.

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

  • (a) the work place is a Class I Division 1 or a Class I Division 2 area, as defined in section 18 of the Canadian Electrical Code;

  • (b) the work place is equipped with an alarm system that will automatically be activated when the concentration referred to in subsection (1) exceeds 60 per cent 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 per cent of the lower explosive limit of the chemical agent or combination of chemical agents.

• 11.25 (1) Compressed air shall be used in such a manner that the air is not directed forcibly against any person.

• (2) Where compressed air is used, its use shall not result in a concentration of a hazardous substance in the atmosphere in excess of the value for the hazardous substance prescribed in subsection 11.23(1).

Explosives

• 11.26 (1) No detonator shall be stored with an explosive that is not a detonator.

• (2) No detonator shall be stored with a detonator of a different type.

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

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

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

• (2) The qualified person referred to in subsection (1) shall make a record of all explosives used or stored by him or removed for use.

• (3) The record referred to in subsection (2) shall be kept readily accessible at the work place and shall 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

• 11.28 (1) Where a device that is capable of producing and emitting energy in the form of electromagnetic waves or accoustical waves is used in a work place, the employer shall, if the device is referred to in subsection (2), adopt and implement the applicable safety code of the Bureau of Radiation and Medical Devices of the Department of National Health and Welfare 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-300 GHz, Safety Code — 6, dated February 1979;

  • (b) in respect of X-ray equipment in medical diagnosis, Safety Code — 20A, dated 1981;

  • (c) in respect of baggage inspection X-ray equipment, Safety Code — 21, dated May 1978;

  • (d) in respect of dental X-ray equipment, Safety Code — 22, dated 1981;

  • (e) in respect of ultrasound, Safety Code — 23, dated 1980 and Safety Code — 24, dated 1980; and

  • (f) in respect of short-wave diathermy, Safety Code — 25, dated 1983.

DIVISION IIHazardous Substances Other Than Controlled Products

Identification

11.29 Every container of a hazardous substance, other than a controlled product, that is stored, handled or used in the work place shall be labelled in a manner that discloses clearly

• (a) the name of the substance; and

• (b) the hazardous properties of the substance.

11.30 Where a material safety data sheet pertaining to a hazardous substance, other than a controlled product, that is stored, handled or used in a work place may be obtained from the supplier of the hazardous substance, the employer shall

• (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 work place for examination by employees.

DIVISION IIIControlled Products

Interpretation

11.31 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 pursuant to 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 pursuant to the Hazardous Products Act; (fiche signalétique du fournisseur)

work place label

work place label means, in respect of a controlled product, a label prepared by an employer pursuant to this Division; (étiquette du lieu de travail)

work place material safety data sheet

work place material safety data sheet means, in respect of a controlled product, a material safety data sheet prepared by an employer pursuant to subsection 11.35(1) or (2). (fiche signalétique du lieu de travail)

Application

• 11.32 (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 11.45, does not apply in respect of hazardous waste.

Material Safety Data Sheets and Labels in respect of certain Controlled Products

11.33 Subject to section 11.44, every employer shall adopt and implement the provisions of sections 11.29 and 11.30 in respect of a controlled product and may, in so doing, replace the name of the substance with the product identifier, where the controlled product is a controlled product that

• (a) is present in the work place;

• (b) was received from a supplier; and

• (c) is one of the following:

  • (i) an explosive within the meaning of the Explosives Act,

  • (ii) a cosmetic, device, drug or food within the meaning of the Food and Drugs Act,

  • (iii) a control product within the meaning of the Pest Control Products Act,

  • (iv) a prescribed substance within the meaning of the Atomic Energy Control Act, and

  • (v) a product, material or substance included in Part II of Schedule I to the Hazardous Products Act that is packaged as a consumer product.

Supplier Material Safety Data Sheets

• 11.34 (1) Where a controlled product, other than a controlled product referred to in paragraph 11.33(c), is received by an employer, the employer shall, at the time the controlled product is received in the work place, obtain from the supplier of the controlled product a supplier material safety data sheet, unless the employer has in his 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) Where there is a controlled product in a work place and the supplier material safety data sheet pertaining to the controlled product is three years old, the employer shall, where possible, obtain from the supplier an up-to-date supplier material safety data sheet.

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

• (4) Where a controlled product is received in a work place 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.

Work Place Material Safety Data Sheets

• 11.35 (1) Subject to section 11.44, where an employer produces a controlled product, other than a fugitive emission, in a work place or imports into Canada a controlled product and brings it into a work place, the employer shall prepare a work place material safety data sheet in respect of the controlled product that discloses the information required to be disclosed by

  • (a) subparagraphs 125.1(e)(i) to (v) of the Act; and

  • (b) the Controlled Products Regulations.

• (2) Subject to section 11.44, where an employer receives a supplier material safety data sheet, the employer may prepare a work place material safety data sheet to be used in the work place in place of the supplier material safety data sheet if

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

  • (b) the information disclosed on the work place 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 work place; and

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

• (3) Where an employer produces, in a work place that is a laboratory supply house, or imports into Canada and brings into such a work place, 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 11.44, discloses on the label of the container of the controlled product the information required to be disclosed by

    • (i) subparagraphs 125.1(e)(i) to (v) of the Act, and

    • (ii) section 11.41.

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

  • (a) as soon as is 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) Where the information required to be disclosed by this section is not available to the employer or not applicable to the controlled product, the employer shall replace the information by the words “not available” or “not applicable”, as the case may be, in the English version and the words “pas 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

• 11.36 (1) Subject to subsection (2), every employer, other than an employer referred to in subsection 11.34(4), shall keep readily available for examination by employees and by the safety and health committee or the safety and health representative, if either exists, in any work place 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 11.35(1) or (2), the work place 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 by 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 safety and health committee or the safety and health representative, if either exists, by means of a computer terminal if the employer

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

  • (b) provides the training referred to in paragraph 11.19(2)(d) to the employees and to the safety and health committee or the safety and health representative, if either exists; and

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

Labels

• 11.37 (1) Subject to sections 11.39 to 11.41, each controlled product, other than a controlled product referred to in paragraph 11.33(c), in a work place and each container in which such a controlled product is contained in a work place shall, 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 possible 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 11.39 to 11.41 and 11.44, where a controlled product, other than a controlled product referred to in paragraph 11.33(c), is received from a supplier and an employer places the controlled product in the work place in a container, other than the container in which it was received from the supplier, the employer shall apply to the container a supplier label or a work place label that discloses the information referred to in paragraphs 11.38(1)(a) to (c).

• (3) Subject to sections 11.43 and 11.44, no person shall remove, deface, modify or alter the supplier label applied to

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

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

• 11.38 (1) Subject to section 11.40, where an employer produces a controlled product, other than a fugitive emission, in a work place or imports into Canada a controlled product and brings it into a work place, and the controlled product is not in a container, the employer shall disclose the following information on a work place label applied to the controlled product or on a sign posted in a conspicuous place in the work place:

  • (a) the product identifier;

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

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

• (2) Subject to sections 11.39 to 11.41, where an employer produces a controlled product, other than a fugitive emission, in a work place, or imports into Canada a controlled product and brings it into a work place, and places the controlled product in a container, the employer shall apply to the container a work place 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

11.39 Where an employer stores a controlled product in the work place in a container that has applied to it a supplier label or a work place label, a portable container filled from that container does not have to be labelled in accordance with section 11.37 or 11.38 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 work place label applied to the portable container that discloses the product identifier.

Special Cases

11.40 An employer shall, 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 work place; or

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

Laboratories

11.41 The label of the container of a controlled product in a laboratory shall disclose

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

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

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

Signs

11.42 The information disclosed on a sign referred to in subsection 11.38(1), section 11.40 or paragraph 11.45(b) shall be of such a size that it is clearly legible to the employees in the work place.

Replacing Labels

11.43 Where, in a work place, 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 shall replace the label with a work place 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 work place.

Exemptions from Disclosure

• 11.44 (1) Subject to subsection (2), where an employer has filed a claim for exemption from the requirement to disclose information on a material safety data sheet or on a label pursuant to subsection 11(2) of the Hazardous Materials Information Review Act, the employer shall disclose, in place of the information that the employer is exempt from disclosing,

  • (a) where 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) where 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) Where 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 shall, 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

11.45 Where a controlled product in the work place is hazardous waste, the employer shall 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

11.46 For the purposes of subsection 125.2(1) of the Act, a medical professional is

• (a) a registered nurse registered or licensed under the laws of a province; or

• (b) a medic.

DIVISION IV[Repealed, SOR/94-165, s. 45]

PART XIIConfined Spaces

Interpretation

12.1 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

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

  • (a) the concentration of any chemical agent in the confined space

    • (i) to which the person is likely to be exposed does not exceed the value referred to in subsection 11.23(1), and

    • (ii) does not exceed the percentage referred to in section 11.24;

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

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

  • (d) the value, 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 so far as is 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) shall, in a written report signed by him,

  • (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) where 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) where 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 XIII that is to be used by every person granted access to the confined space;

  • (e) where 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),

    identify which of the procedures are to be followed;

  • (f) where 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 shall 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 therein shall 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 shall acknowledge by signing a dated copy of the report that he has read the report and that the report and the procedures were explained to him.

• (5) The employee referred to in subsection (4) shall be instructed and trained

  • (a) in the procedures referred to in subsection (2); and

  • (b) 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 shall

  • (a) follow the procedures referred to in subsection (2); and

  • (b) use the protection equipment referred to in subsection (2).

12.3 Where conditions in the confined space or the nature of the work to be performed in the confined space are such that subparagraph 12.2(1)(a)(i) and paragraphs 12.2(1)(c), (e) and (f) cannot be complied with, the following procedures shall apply:

• (a) a qualified person trained in the procedures referred to in subsection 12.2(2) shall 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 shall be provided with and trained in the use of the protection equipment referred to in subsection 12.2(2);

• (c) every employee entering into, exiting from and occupying the confined space shall wear a safety harness that is securely attached to a life line that

  • (i) is attached to a secure anchor outside the confined space, and

  • (ii) is controlled by the qualified person referred to in paragraph (a);

• (d) two or more employees shall 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) shall

  • (i) be trained in the emergency procedures referred to in subsection 12.2(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 12.2(2).

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

Hot Work Operations

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

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

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

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

Ventilation Equipment

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

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

  • (b) every employee who enters into, exits from and occupies the confined space shall use a respiratory protective device that meets the requirements of section 13.7 of Part XIII.

• (2) Where an airborne hazardous substance or oxygen in the atmosphere in a confined space is maintained at the value, level or percentage prescribed in subsection 12.2(1) by the use of ventilation equipment, no person shall 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) his exposure to or the concentration of a hazardous substance therein exceeds the value, level or percentage prescribed in paragraph 12.2(1)(a) or (b), or

    • (ii) the percentage of oxygen in the atmosphere ceases to meet the requirements of paragraph 12.2(1)(c).

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

Reports and Procedures

12.7 The written report referred to in subsection 12.2(2) shall be kept by the employer for one year after the date on which the qualified person signs the report.

12.8 Where the employer establishes procedures or emergency procedures referred to in paragraph 12.2(2)(b) or (e), he shall keep a copy of them at his place of business nearest to the work place in which the confined space is located.

PART XIIISafety Materials, Equipment, Devices and Clothing

General

13.1 Where

• (a) it is not reasonably practicable to eliminate or control a safety or health hazard in a work place within safe limits, and

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

every person granted access to the work place who is exposed to that hazard shall use the protection equipment prescribed by this Part.

13.2 All protection equipment

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

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

13.3 All protection equipment provided by the employer shall

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

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

Protective Headwear

13.4 Where there is a hazard of head injury in a work place, the employer shall provide protective headwear that meets the standards set out in CSA Standard Z94.1-M1977, Industrial Protective Headwear, the English version of which is dated April 1977, as amended to September 1982, and the French version of which is dated April 1980, as amended to September 1982.

Protective Footwear

• 13.5 (1) Where there is a hazard of a foot injury or electric shock through footwear in a work place, protective footwear that meets the standards set out in CSA Standard Z195-M1984, Protective Footwear, the English version of which is dated March 1984 and the French version of which is dated December 1984, shall be used.

• (2) Where there is a hazard of slipping in a work place, non-slip footwear shall be used.

Eye and Face Protection

13.6 Where there is a hazard of injury to the eyes, face, ears or front of the neck of an employee in a work place, the employer shall provide eye or face protectors that meet the standards set out in CSA Standard Z94.3-M1982, Industrial Eye and Face Protectors, the English version of which is dated May 1982 and the French version of which is dated February 1983.

Respiratory Protection

• 13.7 (1) Subject to subsection (4), where there is a hazard of an airborne hazardous substance or an oxygen deficient atmosphere in a work place, the employer shall provide a respiratory protective device that is listed in the NIOSH Certified Equipment List as of October 1, 1984, dated February 1985, published by the United States National Institute for Occupational Safety and Health.

• (2) A respiratory protective device referred to in subsection (1) shall be selected, fitted, cared for, used and maintained in accordance with the standards set out in CSA Standard Z94.4-M1982, Selection, Care and Use of Respirators, the English version of which is dated May 1982, as amended to September 1984 and the French version of which is dated March 1983, as amended to September 1984, excluding clauses 6.1.5, 10.3.3.1.2 and 10.3.3.4.2(c).

• (3) Where air is provided for the purpose of a respiratory protective device referred to in subsection (1),

  • (a) the air shall meet the standards set out in clauses 5.5.2 to 5.5.11 of CSA Standard CAN3-Z180.1-M85, Compressed Breathing Air and Systems, the English version of which is dated December 1985 and the French version of which is dated November 1987; and

  • (b) the system that supplies air shall be constructed, tested, operated and maintained in accordance with the CSA Standard referred to in paragraph (a).

• (4) Where there is a likelihood of exposure to hydrogen-sulphide gas or combustible gases at a drilling rig, drilling unit or production facility, the employer shall 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 gas detectors; and

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

• (5) Where 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 shall be located in a readily accessible location.

• (6) No person who may be required to use a respiratory protective device shall have hair that interferes with the functioning of the breathing device.

13.8 Where 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 shall 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

13.9 Where there is a hazard of injury or disease to or through the skin in a work place, the employer shall provide to every person granted access to the work place

• (a) a shield or screen;

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

• (c) an appropriate body covering.

Fall-Protection Systems

• 13.10 (1) Where a person, other than an employee who is installing or removing a fall-protection 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 upon 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 where, because of the nature of the work, that person can use only one hand to hold onto the ladder,

  the employer shall provide a fall-protection system.

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

  • (a) CSA Standard Z259.1-1976, Fall-Arresting Safety Belts and Lanyards for the Construction and Mining Industries, the English version of which is dated November 1976, as amended to May 1979 and the French version of which is dated April 1980;

  • (b) CSA Standard Z259.2-M1979, Fall-Arresting Devices, Personnel Lowering Devices and Life Lines, the English version of which is dated November 1979 and the French version of which is dated October 1983; and

  • (c) CSA Standard Z259.3-M1978, Lineman’s Body Belt and Lineman’s Safety Strap, the English version of which is dated September 1978, as amended to April 1981, and the French version of which is dated April 1980, as amended to April 1981.

• (3) The anchor of a fall-protection system shall 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 shall 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 work place shall be instructed and trained by the employer in the procedures to be followed for the installation or removal of the system.

Emergency Escape Devices

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

• (2) The employer shall set out in writing working instructions for the use of the device referred to in subsection (1).

• (3) The instructions referred to in subsection (2) shall be kept in a conspicuous place on the drilling rig or production facility.

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

Protection Against Drowning

• 13.12 (1) Where, in a work place, there is a hazard of drowning, the employer shall provide every person granted access to the work place with

  • (a) a life jacket or personal flotation device that meets the standards set out in the Canadian General Standards Board Standard

    • (i) CAN2-65.7-M80, Life Jackets, Inherently Buoyant Type, dated April 1980, or

    • (ii) 65-GP-11, Standard for: Personal Flotation Devices, dated October 1972; or

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

• (2) Where, in a work place, there is a hazard of drowning,

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

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

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

  • (d) written emergency procedures shall 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 work place, and

    • (ii) the location of any emergency equipment.

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

Loose-fitting Clothing

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

Protection from Extreme Temperatures

13.14 Where 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 shall be used.

Protection Against Moving Vehicles

13.15 Where an employee is regularly exposed to a hazard resulting from contact with moving vehicles during his work, he shall wear a high-visibility vest or other high-visibility clothing.

Fire Protection Equipment

• 13.16 (1) Subject to subsection (2), every onshore drilling rig shall be equipped with

  • (a) at least one portable fire extinguisher with a 40 BC rating, as defined in the ULC Standard, that is readily accessible from

    • (i) each boiler,

    • (ii) the drill floor or doghouse,

    • (iii) the enclosure for the choke manifold,

    • (iv) every enclosure housing a fuel-fired engine or heating unit, and

    • (v) every welding unit; and

  • (b) at least one portable multipurpose fire extinguisher with an 80 BC rating, as defined in the ULC Standard.

• (2) Fire protection equipment shall be installed, inspected and maintained for every work place onshore in accordance with the standards set out in Parts 6 and 7 of the National Fire Code.

• (3) For the purpose of interpreting the standards referred to in subsection (2), “acceptable” means appropriate.

• (4) Every work place shall be equipped with the fire protection equipment that is appropriate for fighting any class of fire that may occur.

• (5) No person shall tamper with or activate without cause any fire protection equipment.

13.17 All fire protection equipment shall be

• (a) inspected by a qualified person at least once a month; and

• (b) tested, maintained and repaired by a qualified person.

Records

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

• (2) The record referred to in subsection (1) shall 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

• 13.19 (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) Every person granted access to a work place shall be instructed in respect of the written emergency procedures referred to in paragraph 13.12(2)(d).

• (4) The employer shall

  • (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 work place a copy of the emergency procedures referred to in paragraph 13.12(2)(d).

Defective Protection Equipment

13.20 Where an employee finds any defect in protection equipment that may render it unsafe for use, he shall report the defect to his employer as soon as possible.

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

PART XIVTools and Machinery

Interpretation

14.1 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. (pistolet de scellement à cartouches explosives)

Design, Construction, Operation and Use of Tools

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

14.3 All portable electric tools used by employees shall meet the standards set out in CSA Standard CAN/CSA-C22.2 No. 71.1-M89, Portable Electric Tools, the English version of which is dated September 1989 and the French version of which is dated February 1991.

• 14.4 (1) Subject to subsection (2), all portable electric tools used by employees shall be grounded.

• (2) Subsection (1) does not apply to tools that

  • (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 C22.2 No. 144-1977, Ground Fault Circuit Interrupters, dated March 1977.

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

14.6 Where an air hose is connected to a portable air-powered tool used by an employee, a restraining device shall be attached

• (a) to all hose connections; and

• (b) where an employee may be injured by the tool falling, to the tool.

• 14.7 (1) All explosive actuated fastening tools used by employees shall meet the standards set out in CSA Standard Z166-1975, Explosive Actuated Fastening Tools, dated June 1975.

• (2) No employee shall operate an explosive actuated fastening tool unless authorized to do so by his employer.

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

14.8 All chain saws used by employees shall meet the standards set out in CSA Standard CAN3-Z62.1-M85, Chain Saws, dated February 1985.

Defective Tools and Machines

14.9 Where an employee finds any defect in a tool or machine that may render it unsafe for use, he shall report the defect to his employer as soon as possible.

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

Instructions and Training

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

• 14.12 (1) Every employer shall 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 his employees.

• (2) A manual referred to in subsection (1) shall be kept by the employer 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

• 14.13 (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 shall be equipped with a machine guard that

  • (a) prevents the employee or any part of his 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 his clothing is in or near a part of the machine that is likely to cause injury.

• (2) So far as is reasonably practicable, a machine guard referred to in subsection (1) shall not be removable.

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

Use, Operation, Repair and Maintenance of Machine Guards

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

• 14.15 (1) Subject to subsection (2), where a machine guard is installed on a machine, no person shall use or operate the machine unless the machine guard is in its proper position.

• (2) A machine may be operated when the machine guard is not in its proper position in order to permit the removal of an injured person from the machine.

• 14.16 (1) Subject to subsection (2), where it is necessary to remove a machine guard from a machine in order to perform repair or maintenance work on the machine, no person shall perform the repair or maintenance work unless the machine has been rendered inoperative.

• (2) Where 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

14.17 Abrasive wheels shall be

• (a) used only on machines equipped with machine guards,

• (b) mounted between flanges, and

• (c) operated

in accordance with sections 4 to 6 of CSA Standard B173.5-1979, Safety Requirements for the Use, Care and Protection of Abrasive Wheels, dated February 1979.

14.18 A bench grinder shall be equipped with a work rest or other device that

• (a) prevents the work piece from jamming between the abrasive wheel and the wheel guard; and

• (b) does not make contact with the abrasive wheel at any time.

Mechanical Power Transmission Apparatus

14.19 Equipment used in the mechanical transmission of power shall be guarded in accordance with sections 7 to 10 of ANSI Standard ANSI B15.1-1972, Safety Standard for Mechanical Power Transmission Apparatus, dated July 1972.

Woodworking Machinery

14.20 Woodworking machinery shall be guarded in accordance with clause 3.3 of CSA Standard Z114-M1977, Safety Code for the Woodworking Industry, dated March 1977.

Punch Presses

14.21 Punch presses shall meet the standards set out in CSA Standard Z142-1976, Code for the Guarding of Punch Presses at Point of Operation, the English version of which is dated February 1976 and the French version of which is dated February 1977.

PART XVMaterials Handling

Interpretation

15.1 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)

Application

15.2 This Part does not apply to or in respect of the use and operation of

• (a) motor vehicles on public roads; or

• (b) tackle used in the loading or unloading of ships.

DIVISION IDesign and Construction

Standards

• 15.3 (1) The design and construction of drilling and production hoisting equipment shall meet the standards set out in API Standard API SPEC 8A, API Specification for Drilling and Production Hoisting Equipment, Eleventh Edition, dated May 1, 1985.

• (2) The design and construction of offshore cranes shall meet the standards set out in API Standard API Spec 2C, API Specification for Offshore Cranes, Third Edition, dated March 1983 as amended to May 1984.

General

• 15.4 (1) Materials handling equipment shall, so far as 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 shall be of a type that will not shatter into sharp or dangerous pieces on impact.

Protection from Falling Objects

• 15.5 (1) Where materials handling equipment is used under such circumstances that the operator may be struck by a falling object or shifting load, the employer shall equip the materials handling equipment with a protective structure of such 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) shall be

  • (a) constructed from non-combustible or fire resistant material; and

  • (b) designed to permit quick exit from the materials handling equipment in an emergency.

15.6 Where, during the loading or unloading of materials handling equipment, the load will pass over the operator’s position, the operator shall not occupy the materials handling equipment unless it is equipped with a protective structure referred to in section 15.5.

Protection from Overturning

• 15.7 (1) Where mobile equipment is used in circumstances where it may turn over, it shall be fitted with a rollover protection device that meets the standards set out in CSA Standard B352-M1980, Rollover Protective Structures (ROPS) for Agricultural, Construction, Eathmoving, Forestry, Industrial and Mining Machines, the English version of which is dated September 1980 and the French version of which is dated April 1991.

• (2) Guards shall 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

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

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

Protection from Environmental Conditions

• 15.9 (1) Materials handling equipment that is regularly used outdoors shall 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 his safety or health.

• (2) Where 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 shall be protected from the heat by an insulated barrier.

Vibration

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

Controls

15.11 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 shall not hinder or prevent the operator from operating the materials handling equipment.

Fire Extinguishers

• 15.12 (1) Mobile equipment that is used or operated for transporting or handling combustible or flammable substances shall be equipped with a portable dry chemical fire extinguisher.

• (2) The fire extinguisher referred to in subsection (1) shall

  • (a) have not less than a 5B rating, as defined in the ULC Standard; and

  • (b) be so located that it is readily accessible to the operator while he is in the operating position.

Means of Entering and Exiting

15.13 All materials handling equipment shall 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

15.14 Where mobile equipment is used or operated by an employee in a work place at night or at any time when the level of lighting within the work place is less than 1 dalx, the mobile equipment shall be

• (a) fitted on the front and rear thereof 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

15.15 All mobile equipment shall 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.

15.16 Any mobile equipment that is normally used for transporting employees from place to place in a work place shall be equipped with

• (a) a mechanical parking brake; and

• (b) a hydraulic or pneumatic braking system.

Warnings

15.17 Mobile equipment shall 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

15.18 Where mobile equipment is used under conditions where a seat belt or shoulder strap type restraining device is likely to contribute to the safety of the operator or passengers, the mobile equipment shall be fitted with such a belt or device.

Rear View Mirror

15.19 Where mobile equipment cannot be operated safely in reverse unless it is equipped with a rear view mirror, the mobile equipment shall be so equipped.

Electric Materials Handling Equipment

15.20 Any materials handling equipment that is electrically powered shall 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

15.21 Where materials handling equipment 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 or barricades.

Conveyors

15.22 The design, construction, installation, operation and maintenance of each conveyor, cableway or other similar materials handling equipment shall meet the standards set out in ASME Standard ANSI/ASME B20.1-1984, Safety Standards for Conveyors and Related Equipment, dated May 31, 1984.

DIVISION IIMaintenance, Operation and Use

Inspection, Testing and Maintenance

• 15.23 (1) Before materials handling equipment 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 materials handling equipment.

• (2) The instructions referred to in subsection (1) shall, subject to section 15.25, specify the nature and frequency of inspections, tests and maintenance.

• 15.24 (1) Every inspection, test and maintenance of materials handling equipment 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 15.23(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 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 shall keep at the work place at which the materials handling equipment is located a copy of

  • (a) the instructions referred to in subsection 15.23(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.

• 15.25 (1) The operation, maintenance and inspection of all draw works and associated equipment shall meet the standards set out in the API Standard API RP 8B, API Recommended Practice for Hoisting Tool Inspection and Maintenance Procedures, Fourth Edition, dated April 1979.

• (2) The operation, maintenance and inspection of offshore cranes shall meet the standards set out in the API Standard API RP 2D API Recommended Practice for Operation and Maintenance of Offshore Cranes, Second Edition, dated June 20, 1984.

Ropes, Slings and Chains

15.26 The employer shall, with respect to the use and maintenance of any rope or sling or any attachment or fitting thereon used by an employee, adopt and implement the recommendations set out in chapter 5 of the Accident Prevention Manual for Industrial Operations, Engineering and Technology, 8th Edition, published by the National Safety Council of the United States, dated 1980.

15.27 The employer shall, with respect to the use and maintenance of any chain used by an employee, adopt and implement the code of practice set out in CSA Standard B75-1947, Code of Practice for the Use and Care of Chain, dated May 1947.

Training

• 15.28 (1) Every operator shall 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 shall keep a record of any instruction or training given to an operator for as long as the operator remains in his employ.

Operation

15.29 No employer shall require an employee to operate materials handling equipment unless the employee is a qualified person.

• 15.30 (1) No person shall operate materials handling equipment unless

  • (a) he has a clear and unobstructed view of the area in which the equipment is being operated; or

  • (b) he is directed by a signaller.

• (2) No materials handling equipment shall be used on a ramp with a slope greater than the maximum slope recommended by the manufacturer of the equipment.

• (3) No person shall leave mobile equipment unattended unless the equipment has been properly secured to prevent it from moving.

• 15.31 (1) Every employer shall establish a code of signals for the purposes of paragraph 15.30(1)(b) and shall

  • (a) instruct every signaller and operator employed by him 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) No signaller shall perform duties other than signalling while any materials handling equipment under his direction is in motion.

• 15.32 (1) Subject to subsection (2), where it is not practicable for a signaller to use visual signals, a telephone, radio or other signalling device shall be provided by the employer for the use of the signaller.

• (2) No radio transmitting equipment shall be used in any work place for the transmission of signals when such use may activate electric blasting equipment in that place.

Repairs

• 15.33 (1) Subject to subsection (2), any repair, modification or replacement of a part of any materials handling equipment shall not decrease the safety of the materials handling equipment or part.

• (2) If a part of less 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 shall be restricted by the employer to such loading and use as will ensure the retention of the original safety of the equipment or part.

Transporting and Positioning Employees

• 15.34 (1) Materials handling equipment shall not be used for transporting an employee unless the equipment is specifically designed for that purpose.

• (2) Materials handling equipment shall not be used for positioning an employee unless the equipment is

  • (a) equipped with a platform, bucket or basket designed for that purpose; and

  • (b) provided with a fail-safe control system that will prevent a free fall of the load that is carried.

Loading, Unloading and Maintenance

15.35 No materials, goods or things shall 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.

15.36 Except in the case of an emergency, no employee shall get on or off any mobile equipment while it is in motion.

• 15.37 (1) Subject to subsection (2), no repair, maintenance or cleaning work shall 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

15.38 Where mobile equipment is travelling with a raised or suspended load, the operator shall ensure that the load is carried as close to the ground, floor or deck as the situation permits and in no case shall the load be carried at a point above the centre of gravity of the loaded mobile equipment.

Tools

15.39 Where tools, tool boxes or spare parts are carried on materials handling equipment, they shall be securely stored.

Housekeeping

15.40 The floor, cab and other occupied parts of materials handling equipment shall be kept free of any grease, oil, materials, tools or equipment that may cause a hazard to an employee.

Parking

15.41 No mobile equipment shall be parked in any place where it may interfere with the safe movement of persons, materials, goods or things.

Materials Handling Area

• 15.42 (1) The main approaches to any materials handling area shall be posted with warning signs or shall be under the control of a signaller while operations are in progress.

• (2) No person shall enter a materials handling area while operations are in progress unless that person

  • (a) is a 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 shall cause the operations in that area to be immediately discontinued and not resumed until that person has left the area.

Dumping

15.43 Where mobile equipment designed for dumping is used to discharge a load that may cause the mobile equipment to tip,

• (a) a bumping block shall be used, or

• (b) a signaller shall give directions to the operator

to prevent the mobile equipment from tipping.

Enclosed Work Place

15.44 Every enclosed work place in which materials handling equipment powered by an internal combustion engine is used shall be ventilated in such a manner that the carbon monoxide concentration in the atmosphere of the work place does not exceed the value, level or percentage prescribed in section 11.23 of Part XI.

Fuelling

15.45 Where materials handling equipment is fuelled in a work place, the fuelling shall be done in accordance with the instructions given by the employer pursuant to section 15.23 in a place where the vapours from the fuel are readily dissipated.

Cranes

15.46 No person shall 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.

• 15.47 (1) Every crane shall

  • (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) where the load rating of the crane is more than 5 t, a load measure device for the main block.

• (2) All crane hooks shall be equipped with safety catches.

• (3) No person shall move a crane in the vicinity of a helicopter deck when a helicopter is landing or taking off.

• 15.48 (1) Tag lines shall be used to control any swinging of a load that is being lifted by a crane except where the use of the lines may be hazardous to the safety of any person.

• (2) Loads shall 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

• 15.49 (1) No materials handling equipment shall 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 shall 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

15.50 At blind corners, mirrors shall be installed that permit an operator to see a pedestrian, vehicle or mobile equipment approaching the blind corner.

Clearances

15.51 On any route that is frequently travelled by mobile equipment, the overhead and side clearances shall be adequate to permit the mobile equipment and its load to be manoeuvred safely by an operator.

• 15.52 (1) Subject to subsection (2), no materials handling equipment shall be operated in an area in which it may contact 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) Where 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 shall be de-energized and every pipeline containing a hazardous substance shall be shut down and drained before any operation involving the use of materials handling equipment commences within the area.

DIVISION IIIManual Handling of Materials

15.53 Where, 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 safety or health of an employee, the employer shall issue instructions that the materials, goods or things shall, where reasonably practicable, not be handled manually.

15.54 Where an employee is required to lift or carry a load in excess of 10 kg manually, the employee shall be instructed and trained by the employer in a safe method of lifting and carrying that load.

DIVISION IVStorage of Materials

• 15.55 (1) All materials, goods and things shall 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) No materials, goods or things shall 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 safety or health of any employee.

PART XVIHazardous Occurrence Investigation, Recording and Reporting

Interpretation

16.1 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 part thereof or in the complete loss of the usefulness of a body member or part thereof, 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

16.2 Where an employee becomes aware of an accident or other occurrence arising in the course of or in connection with his work that has caused injury to him or to any other person, he shall without delay report the accident or other occurrence to his employer, orally or in writing.

Investigation

• 16.3 (1) Where an employer is aware of an accident, occupational disease or other hazardous occurrence affecting any of his employees in the course of employment, the employer shall, 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 safety and health committee or the safety and health representative, if either exists, 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), where the hazardous occurrence referred to in subsection (1) is an accident involving a ship or aircraft or a motor vehicle on a public road, the employer shall 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 possible after receipt of the report referred to in subsection (2), the employer shall provide a copy thereof to the safety and health committee or the safety and health representative, if either exists.

Hazardous Occurrence Report

• 16.4 (1) The employer shall 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 16.3 to a safety officer and to the safety and health committee or the safety and health representative, if either exists, as soon as possible but not later than 24 hours after becoming aware of the occurrence, where 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 safety or health 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) shall be submitted by the employer within 14 days after the occurrence to

  • (a) the regional safety officer at the regional office; and

  • (b) the safety and health committee or the safety and health representative, if either exists.

• (3) The report referred to in subsection (2) shall be in the form set out in Schedule I to this Part and contain the information required by the form.

16.5 Where an investigation referred to in subsection 16.3(2) discloses that the accident resulted in a circumstance referred to in subsection 16.4(1), the employer shall, 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 regional safety officer at the regional office.

Minor Injury Record

• 16.6 (1) Every employer shall keep a record of each minor injury of which he is aware that affected any of his employees in the course of employment.

• (2) A record made pursuant to subsection (1) shall 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.

Annual Report

• 16.7 (1) Every employer shall, not later than March 1 in each year, submit to the Minister a written report setting out the number of accidents, occupational diseases and other hazardous occurrences of which the employer is aware that affected any of the employees of the employer in the course of employment during the 12 month period ending December 31 in the preceding year.

• (2) The report referred to in subsection (1) shall be in the form set out in Schedule II to this Part and contain the information required by the form.

Retention of Reports and Records

• 16.8 (1) Subject to subsection (2), every employer shall keep a copy of each report and record referred to in this Part for one year after its submission to the regional safety officer or the Minister.

• (2) Every record with respect to a result referred to in paragraph 16.4(1)(f) shall be kept by the employer for a period of five years after the hazardous occurrence.

PART XVIIFirst Aid

Interpretation

17.1 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 work place

isolated work place means a work place 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

• 17.2 (1) Every employer shall 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 referred to in subsection (1) shall be kept by the employer readily available for examination by employees.

• (3) Every employee, on sustaining an injury or becoming aware that he has contracted an occupational disease or an illness shall, where practicable, report immediately for treatment to a first aid attendant.

Physicians and First Aid Attendants

17.3 A physician who has specialized knowledge in the treatment of the safety and health problems that may be encountered in the oil and gas industry shall be readily available at all times for medical consultation.

• 17.4 (1) Where there are not more than five employees normally working in a work place, other than an isolated work place, a first aid attendant shall be readily available.

• (2) At an isolated work place in which not more than five employees are normally working, one of those employees shall be a first aid attendant who holds at least a standard first aid certificate.

• 17.5 (1) At a work place onshore in which the number of employees set out in Column I of an item of Schedule I to this Part is normally working, that number shall include the number of first aid attendants set out in Columns II, III and IV of that item.

• (2) At a work place offshore in which the number of employees set out in Column I of an item of Schedule II to this Part is normally working, that number shall include the number of first aid attendants set out in Columns II, III and IV of that item.

• (3) Where a physician is available in a work place, the requirements of subsections (1) and (2) respecting the presence of a medic do not apply.

• 17.6 (1) In addition to the requirements of section 17.5, where there are more than 30 employees and fewer than 61 employees normally working at an isolated work place

  • (a) a medic, who may be one of the employees, shall, where reasonably practicable, be readily available in the work place; or

  • (b) where it is not reasonably practicable for a medic to be readily available in the work place, the employer shall make arrangements to have a medic available at all times

    • (i) for consultation, and

    • (ii) to be transported to the work place.

• (2) Where a physician is available in an isolated work place, the requirements of subsection (1) do not apply.

17.7 In addition to the requirements of sections 17.4 to 17.6, at a work place in which any employee is working on live high voltage electrical equipment, one of the employees shall be

• (a) a first aid attendant who has successfully completed a CPR course; or

• (b) trained to provide

  • (i) mouth-to-mouth resuscitation, cardiopulmonary resuscitation or any other direct resuscitation method, and

  • (ii) resuscitation by the Holger-Nielson Method, Sylvester Method or other similar method.

17.8 A first aid attendant referred to in subsection 17.4(2), section 17.5 or 17.6 or paragraph 17.7(a) shall not be assigned duties that will interfere with the prompt and adequate rendering of first aid and shall

• (a) be assigned to a first aid station or first aid room;

• (b) be readily available to employees in the work place; and

• (c) render first aid to employees that are injured or ill at the work place.

First Aid Stations

• 17.9 (1) At least one first aid station shall be provided for every work place.

• (2) A first aid station shall be

  • (a) readily available to all employees; and

  • (b) clearly identified by a conspicuous sign.

• (3) A first aid station shall

  • (a) contain only supplies and equipment that are required for rendering first aid; and

  • (b) be inspected regularly and its contents maintained in a clean, dry and serviceable condition.

• (4) Subsection (1) does not apply where a first aid room or a medical clinic that meets the requirements of subsection (2) is provided by the employer.

Posting of Information

• 17.10 (1) Subject to subsection (2), an employer shall post and keep posted in a conspicuous place accessible to every employee in each work place

  • (a) information regarding first aid to be rendered for any injury, occupational disease or illness likely to be sustained or contracted in the work place;

  • (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 work place or in a motor vehicle, the information referred to in subsection (1) shall be provided and kept with the first aid kit.

First Aid Supplies and Equipment

• 17.11 (1) For each work place at which the number of employees working at any time is the number set out in Column I of an item of Schedule III to this Part, a first aid kit that is of the type set out in Column II of that item shall be provided.

• (2) For the purposes of subsection (1), a first aid kit of a type set out at the head of Column II, III, IV, V or VI of Schedule IV to this Part shall contain the first aid supplies and equipment set out in Column I of an item of that Schedule in the applicable number set out opposite those supplies and equipment in Column II, III, IV, V or VI of that item.

• 17.12 (1) Subject to subsection (2), where a hazard for skin or eye injury from a hazardous substance exists in the work place, shower facilities to wash the skin and eye wash facilities to irrigate the eyes shall be provided for immediate use by employees.

• (2) Where it is not practicable to comply with subsection (1), portable equipment that may be used in place of the facilities referred to in subsection (1) shall be provided.

First Aid Rooms

• 17.13 (1) A first aid room shall be provided

  • (a) where 60 or more employees are working at any time in a work place other than an isolated work place; or

  • (b) where 30 or more employees are working at any time in an isolated work place.

• (2) Paragraph (1)(a) does not apply where a medical clinic or hospital at which medical treatment is provided without charge to employees is readily accessible.

17.14 Every first aid room provided in accordance with section 17.13 shall be

• (a) under the supervision of

  • (i) in the case where a physician is available in the work place, the physician,

  • (ii) in the case where there is a medic and no physician available in the work place, the medic, or

  • (iii) in any other case, the first aid attendant available in the work place who is the holder of the highest level of first aid certificate;

• (b) located as close as is practicable to the work place and within easy access to a

  • (i) toilet room,

  • (ii) telephone, and

  • (iii) 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 I of an item of Schedule V to this Part in the applicable quantities set out in Column II of that item of that Schedule,

  • (iii) a copy of the emergency procedures referred to in section 18.9 of Part XVIII, and

  • (iv) information regarding hazardous substances in the work place and the first aid required to treat exposure to the hazardous substances; and

• (g) maintained, where practicable, at a temperature of not less than 18°C and not more than 24°C, measured 1 m above the floor.

Transportation

17.15 Before assigning employees to a work place, the employer shall provide for that work place

• (a) an ambulance service or other suitable means of transporting an injured or ill employee

  • (i) where practicable, to a hospital at which a physician referred to in section 17.3 practises, or

  • (ii) where it is not 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 17.3;

• (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

• 17.16 (1) Where an injured or ill employee reports for treatment to a first aid attendant in accordance with subsection 17.2(3) or where a first aid attendant renders first aid to an employee, the first aid attendant shall

  • (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 shall keep a first aid record containing information entered in accordance with subsection (1) for one year after the date of that entry.

PART XVIIISafe Occupancy of the Work Place

Interpretation

18.1 In this Part, emergency evacuation plan means a written plan for use in an emergency, prepared in accordance with section 18.12. (plan d’évacuation d’urgence)

Fire Protection

18.2 Every work place shall be so designed, constructed and arranged as to minimize, so far as is reasonably practicable, the risk of fire.

• 18.3 (1) Fire escapes, exits, stairways and any other means of evacuation at a work place shall be in serviceable condition and ready for use at all times.

• (2) Exits to the exterior shall be clearly identified by signs.

Fire Hazard Areas

• 18.4 (1) No person shall, 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) Where it is not practicable to avoid performing hot work in a fire hazard area, the employer shall

  • (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.

18.5 Signs shall 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

18.6 Every work place shall be equipped with an alarm system that warns all employees when

• (a) the safety of the work place is threatened;

• (b) employees are to be evacuated from the work place;

• (c) a fire is likely to threaten the safety or health of employees at the work place; 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

18.7 Every drilling rig, drilling unit and production facility shall be equipped with an emergency electrical power supply sufficient to operate, for at least 18 consecutive hours,

• (a) alarm system and warning devices;

• (b) emergency lighting referred to in section 7.5;

• (c) internal and external communications systems; and

• (d) light and sound signals marking the location of the work place.

18.8 Where an emergency switchboard is provided, it shall be independent of the main electrical power supply and shall be located as near as is reasonably practicable to the emergency electrical power supply.

Emergency Procedures

• 18.9 (1) Every employer shall 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 safety or health of the employer or any employee;

  • (b) when a hazardous occurrence referred to in subsection 16.4(1) occurs;

  • (c) where evacuation is not an appropriate means of ensuring the safety and health of employees; and

  • (d) in the event of a failure of the lighting system.

• (2) Where two or more employers are engaged in work at the same work place, those employers shall prepare common emergency procedures.

• (3) A copy of the emergency procedures referred to in subsection (1) or (2) shall be kept up to date and readily accessible to all employees at the work place.

18.10 The emergency procedures referred to in section 18.9 shall 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

18.11 Where the emergency procedures referred to in section 18.9 provide for the evacuation of employees from a work place, an emergency evacuation plan shall be prepared by the employer or employers.

18.12 The emergency evacuation plan referred to in section 18.11 shall include

• (a) a general layout plan and elevation drawing of the buildings or structures at a work place, 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 work place 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 work place;

• (d) a statement of the maximum number of people who can safely occupy the work place under normal conditions;

• (e) a drawing illustrating the arrangement of each level of the buildings or structures at the work place 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 work place, 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

• 18.13 (1) Every employee shall be instructed and trained in

  • (a) the procedures to be followed by him 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) shall be kept by the employer for as long as the employee remains in his employ.

Emergency Drills

• 18.14 (1) A fire drill shall 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 work place other than a work place referred to in paragraph (a).

• (2) An evacuation drill shall be conducted at least once

  • (a) every week at a drilling unit and an offshore production facility; and

  • (b) every 12 months at a work place other than a work place 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 shall be conducted

  • (a) prior to the commencement of 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 shall be conducted at least once each week that the blowout preventer is in use.

Standby Craft

18.15 For every drilling operation and production operation, the employer shall provide a standby craft capable of safely evacuating all employees from the work place.

Condition of Employees

18.16 No employee shall work where 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 safety or health of any employee at the work place.

18.17 Section 18.16 does not apply in the event of an emergency at the work place that may be hazardous to the safety or health of employees.

Notices and Records

• 18.18 (1) Notices shall be posted at appropriate locations at a work place setting out the emergency procedures to be followed and the escape routes to be used in the event of an emergency.

• (2) Every employer shall keep a record of all emergency drills and evacuation drills carried out by his employees for one year after the drill.

• (3) The record referred to in subsection (2) shall 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 work place shall be kept readily available for examination by employees.

• (5) The employer shall keep a daily record of each employee present at the work place and of each person granted access to the work place.

• (6) The record referred to in subsection (5) shall contain

  • (a) the date;

  • (b) the name of the employee or the person granted access to the work place; and

  • (c) the name of the employer.

• (7) The record referred to in subsection (5) shall be kept by the employer for two months after the date of the last daily entry made therein.