Maritime Occupational Health and Safety Regulations

279 (1) If the investigation referred to in section 276 discloses that a hazardous occurrence resulted in any of the following circumstances, the employer must, without delay after receiving the results of the investigation, make a report in writing that meets the requirements of subsections (1.1) and (1.2):

• (a) the death of an employee;

• (b) a missing employee;

• (c) a disabling injury to an employee; or

• (d) an employee’s loss of consciousness as a result of electric shock or exposure to a toxic or oxygen-deficient atmosphere.

(1.1) The report must contain the results of the investigation and the following information:

• (a) the circumstance referred to in subsection (1) that was disclosed by the investigation;

• (b) the employer’s name, mailing address, telephone number and business number, as defined in subsection 248(1) of the Income Tax Act;

• (c) the date, time and site of the hazardous occurrence;

• (d) the weather conditions at the time of the hazardous occurrence, if weather was a contributing factor in the occurrence;

• (e) the names of any witnesses to the hazardous occurrence;

• (f) the name of the employee’s supervisor at the time of the hazardous occurrence;

• (g) the name of the vessel and its official number or ID Number;

• (h) a description of the hazardous occurrence;

• (i) a description of the property damage resulting from the hazardous occurrence, if any, and the estimated cost of repair;

• (j) for each injured or ill employee,

  • (i) their name, age and gender,

  • (ii) their occupation and the number of years of experience they have in that occupation,

  • (iii) a description of their injury or illness,

  • (iv) the direct cause of their injury or illness, and

  • (v) a description of the training in accident prevention that they received in relation to their duties before the hazardous occurrence;

• (k) the direct causes of the hazardous occurrence;

• (l) a description of each measure taken or to be taken by the employer in accordance with paragraph 276(c) and the date of its implementation or, if measures are not to be taken, the reasons why measures are not necessary;

• (m) a description of any other measure taken or to be taken by the employer for the purpose of preventing the recurrence of the hazardous occurrence;

• (n) the name, title, telephone number and email address of

  • (i) the person appointed to investigate the hazardous occurrence, and

  • (ii) the work place committee member or health and safety representative who participated in the investigation of the hazardous occurrence; and

• (o) the comments, if any, of the person referred to in subparagraph (n)(ii) in relation to the hazardous occurrence, the investigation, the corrective measures or the related facts.

(1.2) The report must be signed and dated by the person appointed to investigate the hazardous occurrence and the work place committee member or health and safety representative who participated in the investigation of the hazardous occurrence.

(2) The employer must submit a copy of the report

• (a) within 30 days after the date of the hazardous occurrence, to the Head of Compliance and Enforcement and to the Canadian Transportation Accident Investigation and Safety Board; and

• (b) without delay, to the work place committee or health and safety representative, as the case may be.