Canada Occupational Health and Safety Regulations (SOR/86-304)

Part I

1.1 [Repealed, SOR/2002-208, s. 2]

Interpretation

1.2 In these Regulations,

Act

Act means

• (a) in Parts I to XIX, Part II of the Canada Labour Code, and

• (b) in Part XX, the Canada Labour Code; (Loi)

ANSI

ANSI means the American National Standards Institute; (ANSI)

approved organization

approved organization means an organization that is approved by any province for the teaching of first aid; (organisme agréé)

basic first aid certificate

basic first aid certificate means the certificate issued by either a qualified person or the organization that developed the training, as the case may be, for successful completion of a one-day first aid course; (certificat de secourisme élémentaire)

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)

CSA

CSA means the Canadian Standards Association; (CSA)

dangerous substance

dangerous substance[Repealed, SOR/88-68, s. 1]

elevating device

elevating device means an escalator, elevator or other device for moving passengers or freight; (appareil élévateur)

fire hazard area

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

first aid room

first aid room means a room that complies with the requirements of section 16.10; (salle de premiers soins)

high voltage

high voltage means a voltage of 751 volts or more between any two conductors or between a conductor and ground; (haute tension)

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)

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 in air by volume, and

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

medical practitioner

medical practitioner[Repealed, SOR/88-68, s. 1]

Minister

Minister[Repealed, SOR/2021-118, s. 5]

National Building Code

National Building Code means the National Building Code of Canada, 1995, issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, dated 1995, as amended from time to time; (Code canadien du bâtiment)

National Fire Code

National Fire Code means the National Fire Code of Canada 1995, issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, dated 1995, as amended from time to time; (Code national de prévention des incendies du Canada)

oxygen deficient atmosphere

oxygen deficient atmosphere means an atmosphere in which there is less than 19.5 per cent by volume of oxygen at a pressure of one atmosphere or in which the partial pressure of oxygen is less than 148 mm Hg; (air à faible teneur en oxygène)

personal service room

personal service room means a change room, toilet room, shower room, lunch room, living space, sleeping quarters or a combination thereof; (local réservé aux soins personnels)

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, in respect of a work place, means the office of the Department of Employment and Social Development that is responsible for the Department’s Labour Program in any of the Department’s administrative regions in which the work place is situated; (bureau régional)

toilet room

toilet room means a room that contains a toilet or a urinal, but does not include an outdoor privy. (lieux d’aisances)

Prescription

1.3 These Regulations are prescribed for the purposes of sections 125, 125.1, 125.2, 126 and 146.5 of the Act.

Application

1.31 These Regulations apply to any person who is not an employee but who performs for an employer to which these Regulations apply activities whose primary purpose is to enable the person to acquire knowledge or experience, and to the employer, as if that person were an employee of the employer, and every provision of these Regulations must be read accordingly.

1.4 These Regulations do not apply in respect of employees employed

• (a) on trains while in operation;

• (b) on aircraft while in operation;

• (c) on ships;

• (d) subject to Part II of the Oil and Gas Occupational Safety and Health Regulations, on or in connection with exploration or drilling for or the production, conservation, processing or transportation of oil or gas in frontier lands, as that term is defined in the Canada Petroleum Resources Act; or

• (e) on or in connection with a work or undertaking that is excluded from the application of the Act by an order made pursuant to section 123.1 of the Act.

Records

1.5 If an employer is required by section 125 or 125.1 of the Act to keep and maintain a record, the employer shall keep and maintain the record and make it readily available for examination by the Head of Compliance and Enforcement and by the policy committee or, if there is no policy committee, the work place committee or the health and safety representative for the work place to which it applies.

Inconsistent Provisions

1.6 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 shall prevail to the extent of the inconsistency.

1.7 [Repealed, SOR/2019-243, s. 1]

Alternate Media

• 1.8 (1) In this section,

  alternate media

  alternate media means any method of communication that permits an employee with a special need to receive any information, instruction or training required by these Regulations to be provided, including braille, large print, audio tape, computer disc, sign language and verbal communications; (média substitut)

  highly visible

  highly visible means marked with brightly coloured paint, painted with a reflective coating or marked by other means so as to be readily apparent; (très visible)

  special need

  special need means a need that stems from a condition that impairs an employee’s ability to receive any information, instruction or training that is required by these Regulations to be provided. (besoins spéciaux)

• (2) Subject to subsection (5), where an employer or other person is required by these Regulations to give, provide or make available any information, instruction or training to an employee and the employee has a special need, the employer or other person shall give, provide or make available the information, instruction or training to the employee by means of an alternate medium.

• (3) Where information, including warnings, is required by these Regulations to be provided by means of a sign or marking, the alternate medium shall be visible or audible to an employee with a special need.

• (4) Where a warning is required to be given by a means other than a sign or marking, the warning shall be given to an employee with a special need in a manner that effectively warns the employee of the nature of the danger.

• (5) Where an employer or other person is required by these Regulations to give, provide or make available any information by means of labels, defect tags or lockout tags, the employer or other person need not provide the information by means of an alternate medium on the labels, defect tags or lockout tags.

PART IIPermanent Structures

Interpretation

2.1 The definitions in this section apply in this Part.

ASHRAE

ASHRAE means the American Society of Heating, Refrigerating and Air-Conditioning Engineers. (ASHRAE)

building

building means a structure that is used or intended for supporting or sheltering any use or occupancy, and includes a grain-handling facility, a tower, an antenna and an antenna-supporting structure. (bâtiment)

floor hole

floor hole means an opening in a floor or platform that measures less than 300 mm but more than 50 mm in its smallest dimension. (trou dans le plancher)

floor opening

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

grain-handling facility

grain-handling facility means a structure that is constructed, installed or established to handle, store or process grain or grain products, and includes an elevator as defined in section 2 of the Canada Grain Act. (installation de manutention des grains)

HVAC system

HVAC system means a heating, ventilating and air conditioning system that is installed in a building, and includes all of its equipment and components. (système CVCA)

wall opening

wall opening means an opening in a wall or partition that measures at least 750 mm in height and 300 mm in width. (ouverture dans un mur)

DIVISION IBuildings

Standards

• 2.2 (1) The design and construction of every building, the construction of which begins on or after the day of the coming into force of this subsection, shall meet the requirements of the National Building Code.

• (2) Every building, the construction of which begins before the day of the coming into force of this subsection, shall, if feasible, meet the requirements of the National Building Code.

• (3) The renovation of any building or part of a building shall, if feasible, meet the requirements of the National Building Code.

• (4) If it is not feasible for an employer to comply with the requirements of subsection (3), the employer shall, before the proposed renovations start, notify the work place committee or the health and safety representative.

Doors

• 2.3 (1) Every double-action swinging door that is located in an exit, entrance or passageway used for two-way pedestrian traffic or traffic involving wheelchairs or other similar devices shall be designed and fitted in a manner that will allow persons who are approaching from one side of the door to be aware of persons who are on the other side of it.

• (2) The area of every passageway into which a door or gate extends when open, other than the door of a closet or other small unoccupied storage room, shall be marked, in consultation with the work place committee or the health and safety representative in a manner that clearly indicates the area of hazard created by the opening of the door or gate.

• (3) Where a door or gate that is to remain open extends into a passageway for a distance that will reduce the effective width of the passageway to a width less than that required by the National Building Code,

  • (a) an attendant shall be posted near the open door or gate; or

  • (b) a highly visible barricade shall be placed across the passageway before the door or gate is opened to prevent persons from using the passageway while the door or gate is open.

Clearances

2.4 A window awning or canopy or any part of a building that projects over an exterior passageway shall be installed or constructed in a manner that allows a clearance of not less than 2.2 m between the passageway surface and the lowest projection of the awning or canopy or projecting part of the building.

Floor and Wall Openings

• 2.5 (1) 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, highly visible guardrails shall be fitted around the wall opening or floor opening or it shall be covered with material capable of supporting all loads that may be brought to bear on it.

• (2) The material shall be securely fastened to and supported by structural members.

• (3) Subsection (1) does not apply to vehicle maintenance pits or to the loading and unloading areas of truck, railroad or marine docks the edges of which are marked in a highly visible manner.

• (4) Where a pit is used for the maintenance of vehicles, including railway rolling stock, the hazard it represents shall be clearly identified and its perimeter shall be delineated by highly visible markings.

Open-top Bins, Hoppers, Vats and Pits

• 2.6 (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

  • (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 highly visible guardrails.

• (2) The grating, screen, covering or walkway shall be designed, constructed and maintained so that it will support a load that is not less than the greater of

  • (a) the maximum load that may be brought to bear on it, and

  • (b) a live load of 6 kPa.

• (3) Where an employee is working above an open-top bin, hopper, vat, pit or other open-top enclosure that is not covered with a grating, screen or other covering, the inside wall of the enclosure shall be fitted with a fixed ladder, except where the operations carried on in the enclosure make such a fitting impracticable.

• (4) Every enclosure referred to in subsection (1) whose walls extend less than 1.1 m above an adjacent floor or platform used by employees shall be

  • (a) covered with a grating, screen or other covering;

  • (b) fitted with a highly visible guardrail; or

  • (c) guarded by a person in order to prevent employees from falling into the enclosure.

Ladders, Stairways and Ramps

2.7 Where an employee is required to move from one level to another that is more than 450 mm higher or lower than the first level, the employer shall install a fixed ladder, stairway or ramp between the levels.

2.8 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, at that end of the stairway,

• (a) post a sign to warn employees of the hazard; and

• (b) if feasible, install a highly visible barricade that will protect employees using the stairway from the hazard.

• 2.9 (1) A fixed ladder installed after the day of the coming into force of this section shall be designed, constructed and installed in accordance with the requirements of ANSI Standard A14.3-1984 entitled American National Standard for Ladders — Fixed — Safety Requirements, as amended from time to time, other than section 7 of that Standard.

• (2) A fixed ladder that is installed before the day of the coming into force of this section shall, if feasible, meet the requirements referred to in subsection (1).

• (3) While ascending or descending a fixed ladder, an employee shall

  • (a) maintain a three-point contact with the ladder; and

  • (b) carry any tools, equipment or materials in a pouch or holster or in any other secure manner.

• (4) A fixed ladder shall be highly visible or its presence otherwise brought to the attention of any employee in the area.

• 2.10 (1) Every grain-handling facility that has a manlift or ladder that provides access to a floor or roof over a grain bin or silo shall, in addition to its primary exit, have a secondary exit from the floor or roof that consists of an exterior fixed ladder constructed in accordance with the requirements referred to in subsection 2.9(1).

• (2) A fixed ladder that is installed in a grain-handling facility before the day of the coming into force of this section shall, if feasible, meet the requirements referred to in subsection 2.9(1).

• (3) A fixed ladder that is installed adjacent to a manlift and that is intended for emergency exit from the manlift shall meet the requirements of section 5.1.9 of CSA Standard B 311-M1979, entitled Safety Code for Manlifts, the English version of which is dated October 1979 and the French version of which is dated July 1984.

Docks, Ramps and Dock Plates

• 2.11 (1) Every loading and unloading dock and ramp shall be

  • (a) of sufficient strength to support the maximum load that may be brought to bear 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) Cross-traffic on dock levellers shall be limited to the portion of the dock leveller where there is no danger of tipping the materials handling equipment.

• (3) 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 brought to bear on it.

Guardrails

• 2.12 (1) Every guardrail shall be highly visible and consist of

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

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

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

• (2) Every guardrail shall be designed to withstand a static load of 890 N applied in any direction at any point on the top rail.

Toe Boards

2.13 If there is a risk that tools or other objects could fall onto a person from a platform or other raised area, or through a floor opening or floor hole,

• (a) a toe board that extends from the floor of the platform or other raised area to a height of not less than 125 mm shall be installed; or

• (b) if the tools or other objects are piled to such a height that a toe board would not prevent the tools or other objects from falling, a solid or mesh panel shall be installed from the floor to a height of not less than 450 mm.

Housekeeping and Maintenance

• 2.14 (1) Every exterior stairway, walkway, ramp and passageway that may be used by employees shall be kept free of accumulations of ice and snow or other slipping or tripping hazards.

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

• (3) Every travelled surface in a work place shall be

  • (a) slip resistant; and

  • (b) kept free of splinters, holes, loose boards and tiles and similar defects.

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

• 2.16 (1) The cleaning of a window on any level above the ground floor level of a building the construction of which begins on or after the day of the coming into force of this subsection shall be done in accordance with the requirements of CSA Standard CAN/CSA-Z91-M90, entitled Safety Code for Window Cleaning Operations, as amended from time to time.

• (2) To the extent reasonably practicable, the cleaning of a window on any level above the ground floor level of a building the construction of which began before the day of the coming into force of this subsection shall be done in accordance with the requirements referred to in subsection (1).

• (3) Subsections (4) to (8) apply to buildings whose owners are employers as defined in subsection 122(1) of the Act.

• (4) The employer shall, in respect of buildings the construction of which begins on or after the day of the coming into force of this subsection, ensure that a qualified person inspects the anchor points and permanently installed suspended platforms used for window cleaning and that they meet the requirements referred to in subsection (1).

• (5) The employer shall, in respect of buildings the construction of which began before the day of the coming into force of this subsection, ensure that a qualified person inspects the anchor points and permanently installed suspended platforms used for window cleaning and that they meet the requirements of CSA Standard Z91-M1980, entitled Safety Code for Window Cleaning Operations, the English version of which is dated May 1980 and the French version of which is dated November 1983.

• (6) The inspection of anchor points and permanently installed suspended platforms shall be done

  • (a) before they are used for the first time;

  • (b) as often as necessary, but at least as often as recommended by their manufacturer;

  • (c) whenever they are reported as being defective; and

  • (d) in every case, at least once a year.

• (7) Immediately on completion of an inspection, the qualified person shall, in a written, signed and dated report, inform the employer of any defects or hazardous conditions detected in the anchor points or permanently installed suspended platforms.

• (8) The employer shall

  • (a) ensure that any reported defect in the anchor points or permanently installed suspended platforms is repaired before they are used;

  • (b) ensure that any maintenance and repairs are performed in accordance with the manufacturer’s recommendations;

  • (c) keep, for a period of two years, a record of any inspection and maintenance, including the date the inspection or maintenance was carried out and the name of the person who did it; and

  • (d) keep, for as long as the anchor points and permanently installed suspended platforms are used, a record of the modifications or repairs made to them, including the day the work was done and the name of the person who did it.

Temporary Heating

• 2.17 (1) Subject to subsection (2), where a high-capacity portable open-flame heating device is used in an enclosed work place, the heating device shall

  • (a) be located, protected and used so that there is no hazard of igniting tarpaulins, wood or other combustible materials near the heating device;

  • (b) be used only when there is ventilation provided;

  • (c) be located so as to be protected from accidental contact, damage or overturning; and

  • (d) not restrict a means of exit.

• (2) Where the heating device does not provide complete combustion of the fuel used in connection with it, it shall be equipped with an exhaust system that discharges the products of combustion outside the enclosed work place.

DIVISION IITowers, Antennas and Antenna-Supporting Structures

• 2.18 (1) No employee shall climb a tower, an antenna or an antenna-supporting structure unless

  • (a) the employer has authorized the employee to do so;

  • (b) the employee has been trained and instructed in a safe method of climbing; and

  • (c) the employer has provided a personal fall-protection system in accordance with Part XII.

• (2) No employee shall climb or work on a tower, an antenna or an antenna-supporting structure

  • (a) when weather conditions are likely to be hazardous to the health or safety of the employee, except when the work is required to remove a hazard or to rescue an employee; or

  • (b) if the physical condition of the tower, antenna or antenna-supporting structure is likely to be hazardous to the health or safety of the employee.

2.19 Where reasonably practicable, the design and construction of every tower, antenna and antenna-supporting structure the construction of which begins on or after the day of the coming into force of this section shall meet the requirements of CSA Standard CAN/CSA-S37-94, entitled Antennas, Towers, and Antenna-Supporting Structures, as amended from time to time.

DIVISION IIIHVAC Systems

Application

2.20 Sections 2.21 to 2.24 apply to every work place that is equipped with an HVAC system and that is under the employer’s control.

Standards

2.21 Subject to section 2.22, every HVAC system installed on or after the day of the coming into force of this section shall meet the design requirements of ASHRAE Standard 62-1989, entitled Ventilation for Acceptable Indoor Air Quality, as amended from time to time.

2.22 If feasible, the relevant portion of an HVAC system shall be modified to meet the design requirements referred to in section 2.21 if

• (a) the level of occupancy in a building or portion of a building exceeds the level for which the HVAC system was designed; or

• (b) the use of a building or portion of a building differs from the use for which the HVAC system was designed.

Records

• 2.23 (1) For HVAC systems installed on or after the day of the coming into force of this section, the employer shall keep a record of the information required by section A-2.3.5.2 of Appendix A of the National Building Code and make the record readily available.

• (2) In addition to the record required by subsection (1), the employer shall keep and make readily available a record of the normal hours of occupancy and the types of activities of the occupants of the building.

• (3) In the case of HVAC systems to which subsection (1) does not apply, the employer shall, if feasible, keep and make readily available all records required by subsections (1) and (2).

Operation, Inspection, Testing, Cleaning and Maintenance

• 2.24 (1) Every employer shall appoint a qualified person to set out, in writing, instructions for the operation, inspection, testing, cleaning and maintenance of an HVAC system and the calibration of probes or sensors on which the system relies. In writing the instructions, the qualified person shall take into account CSA Guideline Z204-94, entitled Guideline for Managing Air Quality in Office Buildings, dated June 1994.

• (2) The instructions shall

  • (a) [Repealed, SOR/2011-206, s. 3]

  • (b) be readily available;

  • (c) and (d) [Repealed, SOR/2009-147, s. 3]

  • (e) specify the manner of operation of the HVAC system;

  • (f) specify the nature and frequency of inspections, testing, cleaning and maintenance; and

  • (g) be reviewed by a qualified person and, if necessary, amended

    • (i) when modifications to the HVAC system are carried out in accordance with section 2.22,

    • (ii) when the standard referred to in section 2.21 is amended,

    • (iii) when the an investigation carried out in accordance with section 2.27 has identified that a health or safety hazard exists, or

    • (iv) at least every five years.

• (3) Despite paragraph (2)(c), if an investigation referred to in section 2.27 identifies that a health or safety hazard exists, the instructions shall be developed and made readily available without delay.

• (4) The employer shall appoint a qualified person or persons to implement the instructions and make a report, in writing, of each inspection, testing, cleaning and maintenance operation.

• (5) The report shall be kept readily available by the employer for a period of at least five years and shall

  • (a) specify the date and type of work performed, and the identity of the person who performed it;

  • (b) identify the components of the HVAC system or portion of an HVAC system involved; and

  • (c) record test results, any deficiencies observed and the actions taken to correct them.

2.25 An employer shall ensure that the qualified person or persons referred to in subsection 2.24(4) are instructed and trained in the procedures to be followed in the operation, inspection, testing, cleaning and maintenance of the HVAC system and the calibration of probes or sensors on which the system relies.

2.26 An employer shall post, in a place readily accessible to every employee, the telephone number of a contact person to whom health or safety concerns regarding the indoor air quality in the work place can be directed.

Investigations

• 2.27 (1) Every employer shall develop, or appoint a qualified person to develop, a procedure for investigating situations in which the health or safety of an employee in the work place is or may be endangered by the air quality.

• (2) The procedure shall include the following steps:

  • (a) a review of the nature and number of health or safety complaints;

  • (b) a visual inspection of the work place;

  • (c) the inspection of the HVAC system for cleanliness, operation and performance;

  • (d) a review of the maintenance schedule for the HVAC system;

  • (e) the assessment of building use as compared to the use for which it was designed;

  • (f) the assessment of actual level of occupancy as compared to the level for which the building was designed;

  • (g) the determination of potential sources of contaminants;

  • (h) the determination of levels of carbon dioxide, carbon monoxide, temperature, humidity and air motion, where necessary;

  • (i) the specification, where necessary, of tests to be conducted to determine levels of formaldehyde, particulates, airborne fungi and volatile organic compounds; and

  • (j) the identification of the standards or guidelines to be used in evaluating test results.

• (3) In developing the procedure, the employer or the qualified person appointed by the employer shall take into account the Department of Health publication 93-EHD-166, entitled Indoor Air Quality in Office Buildings: A Technical Guide.

• (4) Where the health or safety of an employee in a work place is or may be endangered by the air quality, the employer shall, without delay, appoint a qualified person to carry out an investigation in accordance with the procedure developed pursuant to subsection (1).

• (5) The investigation shall be carried out in consultation with the work place committee or the health and safety representative.

• (6) If feasible, the employer shall, in consultation with the work place committee or the health and safety representative, remove or control any health or safety hazard that is identified in the course of the investigation.

• (7) Every employer shall keep the records of every indoor air quality complaint and investigation for at least five years.

PART IIITemporary Structures and Excavations

Application

3.1 This Part applies to portable ladders, temporary ramps and stairs, temporary elevated work bases used by employees and temporary elevated platforms used for materials.

General

3.2 No employee shall use a temporary structure if it is feasible to use a permanent structure.

3.3 No employee shall work on a temporary structure in rain, snow, hail or an electrical or wind storm that is likely to be hazardous to the health or safety of the employee, except if the work is required to remove a hazard or to rescue an employee.

3.4 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.

3.5 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.

• 3.6 (1) Prior to a work shift, a qualified person shall make a visual safety inspection of every temporary structure to be used during that shift.

• (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

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

Guardrails and Toe Boards

• 3.8 (1) Guardrails and toe boards shall be installed at every open edge of a platform of a temporary structure.

• (2) The guardrails and toe boards referred to in subsection (1) shall meet the standards set out in sections 2.12 and 2.13.

Temporary Stairs, Ramps and Platforms

• 3.9 (1) Subject to subsection 3.10(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.

• (4) A temporary ramp shall be so constructed that its slope does not exceed

  • (a) where the temporary ramp is installed in the stairwell of a building not exceeding two storeys in height, 1 in 1, if cross cleats are provided at regular intervals not exceeding 300 mm; and

  • (b) in any other case, 1 in 3.

Scaffolds

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

• (2) 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.

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

• (4) The platform of every scaffold shall be at least 480 mm wide and securely fastened in place.

Portable Ladders

• 3.11 (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 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) Where, because of the nature of the location or of the work being done, a portable ladder cannot be securely fastened in place, it shall, while being used, be sloped so that the base of the ladder is not less than one-quarter and not more than one-third of the length of the ladder from a point directly below the top of the ladder and at the same level as the base.

• (4) Every portable ladder that provides access from one level to another shall extend at least three rungs above the higher level.

• (5) Metal or wire-bound portable ladders shall not be used if there is a risk that they could 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 portable step ladder.

Excavation

• 3.12 (1) Before the commencement of work on a tunnel, excavation or trench, the employer shall mark the location of all underground pipes, cables and conduits in the area where the work is to be done.

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

• (3) In a tunnel or in an excavation or trench that is more than 1.4 m deep and whose sides are sloped at an angle of 45° or more to the horizontal

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

  • (b) the roof of the tunnel

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

Safety Nets

• 3.13 (1) If there is a risk that tools, equipment or materials could 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

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

3.15 The floor of a temporary structure used by an employee shall be kept free of grease, oil or other slippery substance and of any material or object that may cause an employee to trip.

PART IVElevating Devices

Application

4.1 This Part does not apply to elevating devices used in the underground workings of mines.

Standards

• 4.2 (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) if feasible; 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 CAN3-B44-M85, Safety Code for Elevators, other than clause 9.1.4 thereof, the English version of which is dated November 1985 and the French version of which is dated March 1986;

  • (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.

Use and Operation

4.3 No elevating device shall be used or operated with a load in excess of the load that it was designed and installed to move safely.

• 4.4 (1) Subject to subsection (3), no elevating device shall be used or operated while any safety device attached to it 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

4.5 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 and the safety device attached to it are operated;

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

• (c) once every 12 months.

• 4.6 (1) A record of each inspection and test made in accordance with section 4.5 shall

  • (a) be signed by the 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 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 made by the employer and kept by him in the work place in which the elevating device is located for a period of two years after the date on which it is signed in accordance with paragraph (1)(a).

Repair and Maintenance

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

PART VBoilers and Pressure Vessels

Interpretation

5.1 The definitions in this section apply in this Part.

Boiler Code

Boiler Code means CSA Standard B51-97, Boiler, Pressure Vessel, and Pressure Piping Code, the English version of which is dated September 1997 and was amended in February 1998 and the French version of which is dated September 1998. (Code des chaudières)

high pressure boiler

high pressure boiler means a boiler in which steam, gas or vapour is generated at more than one atmosphere of pressure or a boiler containing liquid that has a working pressure exceeding 1,100 kPa or an operating temperature exceeding 121°C. (chaudièreà haute pression)

inspector

inspector means a person recognized under the laws of any province or by the National Board of Boiler and Pressure Vessel Inspectors as qualified to inspect boilers, pressure vessels and pressure piping systems. (inspecteur)

low pressure hot water boiler

low pressure hot water boiler means a hot water boiler that has a pressure not exceeding 1,100 kPa and an operating temperature not exceeding 121°C. (chaudière à eau chaude basse pression)

low pressure organic fluid boiler

low pressure organic fluid boiler means a boiler that contains an organic fluid, that has an operating temperature not exceeding 343°C and that has no valves or other obstructions to prevent circulation of the organic fluid between the boiler and an expansion tank that is fully vented to the atmosphere. (chaudière à basse pression contenant un hydrocarbure)

low pressure steam boiler

low pressure steam boiler means a boiler that operates at a steam pressure not exceeding one atmosphere of pressure. (chaudière à vapeur d’eau basse pression)

low working pressure hot water boiler

low working pressure hot water boiler[Repealed, SOR/2009-147, s. 5]

maximum allowable working pressure

maximum allowable working pressure means the maximum working pressure that is specified by the manufacturer in the plans and specifications accepted and registered by the provincial authorities and that is set out in the record referred to in section 5.18. (pression de fonctionnement maximale autorisée)

maximum temperature

maximum temperature means the maximum temperature that is specified by the manufacturer in the plans and specifications accepted and registered by the provincial authorities and that is set out in the record referred to in section 5.18. (température maximale)

NDT technician

NDT technician means a person who performs nondestructive testing and who is certified to carry out such testing. (technicien END)

pipeline

pipeline has the same meaning as in section 2 of the Canadian Energy Regulator Act, but does not include boilers. (pipeline)

pressure piping system

pressure 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 canalisations sous pression)

unfired boiler

unfired boiler means a boiler in which steam or other vapour is generated by a source of heat other than combustion and includes an electric boiler. (chaudière sans combustion)

waste heat boiler

waste heat boiler means an indirect-fired boiler that utilizes waste gases produced by the primary process to generate steam. (chaudière à récupération de chaleur)

Application

5.2 This Part does not apply to

• (a) a heating boiler that has a wetted 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 one atmosphere of pressure or less;

• (d) a pressure vessel that has an internal diameter of 152 mm or less;

• (e) a pressure vessel that has an internal diameter of 610 mm or less and that is used to store hot water;

• (f) a pressure vessel that has an internal diameter of 610 mm or less connected to a water pumping system and that contains compressed air which serves as a cushion;

• (g) a hydropneumatic tank that has an internal diameter of 610 mm or less;

• (h) an interprovincial or international pipeline; or

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

Fabrication and Installation Standards

5.3 Every boiler, pressure vessel and pressure piping system used in a work place shall, if feasible, meet the standards relating to design, construction, testing, stamping, nameplates, fabrication inspection and installation set out in clauses 4.15 to 4.18 and 5.1 to 9.1 of Part I of the Boiler Code.

• 5.4 (1) Every boiler and pressure vessel shall have at least one safety valve or other equivalent fitting to maintain pressure at or below the maximum allowable working pressure of the boiler or pressure vessel.

• (2) When two or more boilers or pressure vessels are connected and are used at a common operating pressure, they shall each be fitted with at least one safety valve or other equivalent fitting to maintain pressure at or below the maximum allowable working pressure of the boiler or pressure vessel that has the lowest maximum allowable working pressure.

Use, Operation, Repair, Alteration and Maintenance

• 5.5 (1) An employer shall ensure that a qualified person, charged with the operation of a boiler, is in attendance and readily available at all times while the boiler is in operation and other employees are normally present in the same building as a boiler.

• (2) The attendance referred to in subsection (1) is not required if

  • (a) the boiler is equipped with a fail-safe device and an automated warning device that will ensure the safe operation of the boiler and its shutdown if required, and that are installed in such a manner that they

    • (i) cannot be rendered inoperative, and

    • (ii) can be tested under operating conditions; and

  • (b) the boiler is rated below 2,000 kW in the case of a high pressure boiler, and below 3,000 kW in the case of a low pressure boiler, which includes a low pressure hot water boiler, a low pressure organic fluid boiler and a low pressure steam boiler.

• (3) When a boiler is shut down by a device referred to in paragraph (2)(a), the boiler shall not be restarted unless it has been examined by a qualified person and the cause of the shutdown rectified.

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

5.7 All repairs and welding of boilers, pressure vessels and pressure piping systems shall be carried out in accordance with the standards referred to in clauses 6.1, 7.1 and 8.1 of Part I of the Boiler Code.

5.8 No person shall alter, interfere with or render inoperative any fitting attached to a boiler or pressure vessel except for the purpose of adjusting or testing the fitting.

• 5.9 (1) The factor of safety of a high pressure lap-seam riveted boiler, shall be increased by at least 0.1 each year after 20 years of use.

• (2) If the boiler is relocated at any time, it shall not be operated at a pressure that is more than one atmosphere of pressure.

Inspections

• 5.10 (1) No person shall use a boiler, pressure vessel or pressure piping system unless it has been inspected by an inspector in accordance with subsection (2) and it has been certified by the inspector as safe for its intended use as stated in the declaration referred to in subparagraph 5.18(2)(b)(v).

• (2) The inspector shall

  • (a) inspect every boiler, pressure vessel and pressure piping system

    • (i) after it is installed and before it is used for the first time,

    • (ii) after any welding, alteration or repair is carried out on it, and

    • (iii) in accordance with section 5.11, 5.12 or 5.16; and

  • (b) make a record of each inspection in accordance with section 5.18.

• (3) A person who operates, repairs or maintains a boiler, pressure vessel or pressure piping system or any part of it may not inspect the boiler, pressure vessel or pressure piping system for the purposes of subsection (2).

• 5.11 (1) Every high pressure boiler and every low pressure steam boiler in use at a work place shall be inspected

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

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

• (2) Every low pressure hot water boiler and every unfired boiler in use at a work place shall be inspected

  • (a) externally, at least once every two years; and

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

• (3) Every low pressure organic fluid boiler in use at a work place shall be inspected

  • (a) externally, at least once every two years; and

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

• (4) Every waste heat boiler in use at a work place shall be inspected

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

  • (b) internally,

    • (i) at least once every two years, or

    • (ii) where ultrasonic thickness measurements are performed annually by an NDT technician, at least once every three years.

• (5) Pressure vessels, other than buried pressure vessels, that have a corrosion rate exceeding 0.1 mm of metal loss per year shall be inspected

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

  • (b) internally,

    • (i) at least once every two years, or

    • (ii) if ultrasonic thickness measurements are performed annually by an NDT technician on representative sections of the pressure vessel, at least once every three years.

• (6) Pressure vessels, other than buried pressure vessels, that have a corrosion not exceeding 0.1 mm of metal loss per year shall be inspected

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

  • (b) internally,

    • (i) at least once every four years, or

    • (ii) if ultrasonic thickness measurements are performed annually by an NDT technician on representative sections of the pressure vessel, at least once every six years.

• (7) Air receivers shall be inspected

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

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

• (8) If the known corrosion rate of a pressure vessel is zero, internal inspection is not necessary provided that complete external inspections, including nondestructive thickness measurements performed by an NDT technician, are made at least once every two years on the pressure vessel and the following conditions are met:

  • (a) the non-corrosive nature of the service conditions, including the effect of trace components, has been established by at least five continuous years of comparable service experience with the fluid being handled;

  • (b) the periodic external inspection indicates that the condition of the pressure vessel does not warrant any further investigation;

  • (c) the operating temperature and pressure of the pressure vessel does not exceed the lower limits for the creep rupture range of the vessel metal; and

  • (d) the pressure vessel is protected against inadvertent contamination, and there is no evidence of contamination.

• (9) If a pressure vessel is used to store anhydrous ammonia, the internal inspection frequency referred to in paragraph (5)(b) may be replaced by an internal inspection conducted at least once every five years if, at the same time, a hydrostatic test at a pressure equal to one and one-half times the maximum allowable working pressure is conducted.

5.12 Every boiler, pressure vessel and pressure piping system in use at a work place shall be inspected by an inspector more frequently than it is provided for in section 5.11, if it is necessary to ensure that the boiler, pressure vessel or pressure piping system is safe for its intended use.

5.13 For the purposes of subsections 5.11(5), (6) and (8), the corrosion rate shall be determined from actual metal loss during the last appropriate inspection period specified in the subsections.

5.14 Stationary or portable air receivers used in the railway industry, instead of being inspected in accordance with subsection 5.11(7) and a record completed in accordance with section 5.18, may be inspected and tested and a record filed in accordance with TC-0-010, Rules for the Installation, Inspection and Testing of Air Reservoirs (Other Than on Motive Power Equipment) made by the Railway Association of Canada and approved by the Minister of Transport on December 5, 1994.

5.15 If a pressure vessel that contains materials hazardous to human health or the environment is to be emptied before being inspected, it shall be emptied and inspected in a manner that does not pose a risk to human health or the environment.

Buried Pressure Vessels

• 5.16 (1) The installation of a buried pressure vessel shall meet the requirements set out in Appendix A to Part I of the Boiler Code.

• (2) Notice of the proposed backfilling shall be given to the Head of Compliance and Enforcement before backfilling is done over a pressure vessel.

• (3) If test plates are used as an indication of corrosion of a buried pressure vessel, the test plates and, subject to subsection (4), the pressure vessel shall be completely uncovered and inspected by an inspector at least once every three years.

• (4) If, on an inspection referred to in subsection (3), the test plates show no corrosion, the buried pressure vessel may be completely uncovered and inspected at intervals exceeding three years if the employer, immediately after the inspection, notifies the Head of Compliance and Enforcement in writing of the condition of the test plates and of the proposed inspection schedule for the pressure vessel.

• (5) Every buried pressure vessel shall be completely uncovered and inspected at least once every 15 years.

Records and Reports

5.17 The employer shall keep a record of every boiler, pressure vessel and pressure piping system to which this Part applies and that is under the employer’s control.

• 5.18 (1) A report of each inspection carried out under sections 5.10 to 5.16 shall be completed by the inspector who carried out the inspection.

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

  • (a) shall be signed by the inspector 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 pressure 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 pressure piping system meets the standards prescribed by this Part,

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

    • (vi) a list of any defects or deficiencies the inspector has observed in the condition or operating and maintenance practices of the boiler, pressure vessel or pressure piping system, and

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

• (3) The employer shall keep readily available every record of inspection for the last two inspection periods and on the request of the work place committee or the health and safety representative, shall provide the work place committee or the health and safety representative with a copy.

PART VILighting

Interpretation

• 6.1 (1) In this Part,

  aerodrome apron

  aerodrome apron means that part of a land aerodrome intended to accommodate the loading and unloading of passengers and cargo and the refuelling, servicing, maintenance and parking of aircraft; (aire de trafic)

  aircraft stand

  aircraft stand means that part of an aerodrome apron intended to be used for the parking of aircraft for the purpose of loading or unloading passengers and providing ground services; (poste de stationnement)

  primary grain elevator

  primary grain elevator means a grain elevator the principal use of which is the receiving of grain directly from producers for storage or forwarding; (installation primaire)

  task position

  task position means a position at which a visual task is performed; (poste de travail)

  VDT

  VDT means a visual display terminal. (TEV)

• (2) For the purposes of this Part, 1 lx is equal to .0929 fc.

Application

6.2 This Part does not apply in respect of lighting in any underground portion of a coal mine.

Measurement of Average Levels of Lighting

6.3 For the purposes of sections 6.4 to 6.10, the average level of lighting at a task position or in an area shall be determined

• (a) by making four measurements at different places representative of the level of lighting at the task position or, in an area, representative of the level of lighting 1 m above the floor of the area; and

• (b) by dividing the aggregate of the results of those measurements by four.

Lighting — Office Areas

6.4 The average level of lighting at a task position or in an area set out in Column I of an item of Schedule I, other than a task position or area referred to in section 6.7 or 6.9, shall not be less than the level set out in Column II of that item.

Lighting — Industrial Areas

6.5 The average level of lighting in an area set out in Column I of an item of Schedule II, other than an area referred to in section 6.7 or 6.9, shall not be less than the level set out in Column II of that item.

Lighting — General Areas

6.6 The average level of lighting in an area set out in Column I of an item of Schedule III, other than an area referred to in section 6.7 or 6.9, shall not be less than the level set out in Column II of that item.

Lighting — VDT

• 6.7 (1) The average level of lighting at a task position or in an area set out in Column I of an item of Schedule IV shall not be more than the level set out in Column II of that item.

• (2) Reflection glare on a VDT screen shall be reduced to the point where an employee at a task position is able to

  • (a) read every portion of any text displayed on the screen; and

  • (b) see every portion of the visual display on the screen.

• (3) Where VDT work requires the reading of a document, supplementary lighting shall be provided where necessary to give a level of lighting of at least 500 lx on the document.

Lighting — Aerodrome Aprons and Aircraft Stands

• 6.8 (1) Subject to subsection (2), the average level of lighting at a task position on an aerodrome apron shall not be less than 10 lx.

• (2) The average level of lighting at a task position on an aircraft stand shall not be less than 20 lx.

Lighting — Artefactual Exhibits and Archival Materials

6.9 The average level of lighting in an area in which artefactual exhibits or archival materials are handled or stored shall not be less than 50 lx.

Emergency Lighting

• 6.10 (1) Emergency lighting shall be provided to illuminate the following areas within buildings:

  • (a) exits and corridors;

  • (b) principal routes providing access to exits in open floor areas; and

  • (c) floor areas where employees normally congregate.

• (2) Except in the case of a primary grain elevator in which hand-held lamps are used for emergency lighting, all emergency lighting provided in accordance with subsection (1) shall

  • (a) operate automatically in the event that the regular power supply to the building is interrupted;

  • (b) provide an average level of lighting of not less than 10 lx; and

  • (c) be independent of the regular power source.

• (3) Where a generator is used as a power source for emergency lighting, the inspection, testing and maintenance of the generator shall be in accordance with the requirements referred to in section 6.7 of the National Fire Code, as amended from time to time.

• (4) Where a central storage battery system is used as a power source for emergency lighting or where emergency lighting is provided by a self-contained emergency lighting unit, the battery system or the unit shall be tested

  • (a) monthly by hand; and

  • (b) annually under simulated power failure or electrical fault conditions.

• (5) Where a battery, other than a hermetically sealed battery, is tested in accordance with paragraph (4)(a), the electrolyte level of the battery shall be checked and, if necessary, adjusted to the proper level.

• (6) Where a self-contained emergency lighting unit is tested in accordance with paragraph (4)(b), all lamps forming part of the unit shall be operated for the time period set out in Sentence 3.2.7.3(2) of the National Building Code, as amended from time to time, that is applicable to the class of buildings to which the building in which the unit is installed belongs.

• (7) Every employer shall make a record of the results of each test performed in accordance with subsection (3) or (4) and keep the record for two years after the test.

Minimum Levels of Lighting

• 6.11 (1) Subject to subsections (2) to (4), the level of lighting at any place at a task position or in an area that may be measured for the purposes of section 6.3 shall not be less than one third of the level of lighting prescribed by this Part for that task position or area.

• (2) The level of lighting at any place at a task position or in an area set out in Column I of item 8 or 9 of Schedule III or Column I of item 1 of Schedule IV that may be measured for the purposes of section 6.3 shall not be less than one tenth of the level of lighting prescribed by this Part for that task position or area.

• (3) The level of lighting at any place at a task position referred to in section 6.8 that may be measured for the purposes of section 6.3 shall not be less than one quarter of the level of lighting prescribed by this Part for that task position.

• (4) In a building the construction of which is commenced after October 31, 1990, the level of emergency lighting at any place in an area referred to in subsection 6.10(1) that may be measured for the purposes of section 6.3 shall not be less than 0.25 lx.

SCHEDULE I(Section 6.4)

Item	Column I	Column II
	Task position or area	Level in lx
1	DESK WORK
	(a) Task positions at which cartography, designing, drafting, plan-reading or other very difficult visual tasks are performed	1 000
	(b) Task positions at which business machines are operated or stenography, accounting, typing, filing, clerking, billing, continuous reading or writing or other difficult visual tasks are performed	500
2	OTHER OFFICE WORK
	Conference and interview rooms, file storage areas, switchboard or reception areas or other areas where ordinary visual tasks are performed	300
3	SERVICE AREAS
	(a) Stairways and corridors that are
	(i) used frequently	100
	(ii) used infrequently	50
	(b) Stairways that are used only in emergencies	30

• SOR/89-515, s. 1

SCHEDULE III(Section 6.6)

Item	Column I	Column II
	Area	Level in lx
1	BUILDING EXTERIORS
	(a) Entrances and exits that are
	(i) used frequently	100
	(ii) used infrequently	50
	(b) Passageways used by persons
	(i) at vehicular intersections	30
	(ii) at other locations	10
	(c) Areas used by persons and mobile equipment in which there is
	(i) a high or moderate level of activity	20
	(ii) a low level of activity	10
	(d) Storage areas in which there is
	(i) a high or moderate level of activity	30
	(ii) a low level of activity	10
2	FIRST AID ROOMS
	(a) in treatment and examination area	1 000
	(b) in other areas	500
3	FOOD PREPARATION AREAS	500
4	PERSONAL SERVICE ROOMS	200
5	BOILER ROOMS	200
6	ROOMS IN WHICH PRINCIPAL HEATING, VENTILATION OR AIR CONDITIONING EQUIPMENT IS INSTALLED	50
7	EMERGENCY SHOWER FACILITIES AND EMERGENCY EQUIPMENT LOCATIONS	50
8	PARKING AREAS
	(a) Covered	50
	(b) Open	10
9	LOBBIES AND ATRIA	100

• SOR/89-515, s. 1
• SOR/96-525, s. 12

PART VIILevels of Sound

Interpretation

7.1 In this Part,

A-weighted sound pressure level

A-weighted sound pressure level means a sound pressure level as determined by a measurement system which includes an A-weighting filter that meets the requirements set out in the International Electrotechnical Commission Standard 651 (1979), Sound Level Meters, as amended from time to time; (niveau de pression acoustique pondérée A)

dBA

dBA means decibel A-weighted and is a unit of A-weighted sound pressure level; (dBA)

large truck

large truck[Repealed, SOR/98-589, s. 1]

noise exposure level (L_ex,8)

noise exposure level (L_ex,8) means 10 times the logarithm to the base 10 of the time integral over any 24 hour period of a squared A-weighted sound pressure divided by 8, the reference sound pressure being 20 µPa; (niveau d’exposition (L_ex,8))

sound level meter

sound level meter means a device for measuring sound pressure level that meets the performance requirements for a Type 2 instrument as specified in the International Electrotechnical Commission Standard 651 (1979), Sound Level Meters, as amended from time to time; (sonomètre)

sound pressure level

sound pressure level means 20 times the logarithm to the base 10 of the ratio of the root mean square pressure of a sound to the reference sound pressure of 20 µPa, expressed in decibels. (niveau de pression acoustique)

Measurement and Calculation of Exposure

• 7.2 (1) For the purposes of this Part, the exposure of an employee to sound shall be measured using an instrument that

  • (a) is recommended for that measurement in clause 4.3 of CSA Standard CAN/CSA-Z107.56-13, Measurement of Noise Exposure; and

  • (b) meets the requirements for such an instrument set out in clause 4 of the Standard referred to in paragraph (a).

• (2) The exposure of an employee to sound shall be measured in accordance with clauses 5, 6.4.1, 6.4.4, 6.5.2, 6.5.4, 6.6.2 and 6.6.4 of the Standard referred to in paragraph (1)(a).

• (3) For the purposes of this Part, the measurement and calculation of the noise exposure level (L_{ex, 8}) to which an employee is exposed shall take into account the exposure of the employee to A-weighted sound pressure levels of 74 dBA and greater.

• (4) The measurement and calculation of the noise exposure level (L_{ex, 8}) referred to in subsection (3) may also take into account the exposure of the employee to A-weighted sound pressure levels that are less than 74 dBA.

Hazard Investigation

• 7.3 (1) Where an employee in a work place may be exposed to an A-weighted sound pressure level equal to or greater than 84 dBA for a duration that is likely to endanger the employee’s hearing, the employer shall, without delay,

  • (a) appoint a qualified person to carry out an investigation of the degree of exposure; and

  • (b) notify the work place committee or the health and safety representative of the investigation and the name of the person appointed to carry out the investigation.

• (2) [Repealed, SOR/98-589, s. 2]

• (3) For the purposes of subsection (1), the measurement of the A-weighted sound pressure level in a work place shall be performed instantaneously, during normal working conditions, using the slow response setting of a sound level meter.

• (4) In the investigation referred to in subsection (1), the following matters shall be considered:

  • (a) the sources of sound in the work place;

  • (b) the A-weighted sound pressure levels to which the employee is likely to be exposed and the duration of such exposure;

  • (c) the methods being used to reduce this exposure;

  • (d) whether the exposure of the employee is likely to exceed the limits prescribed by section 7.4; and

  • (e) whether the employee is likely to be exposed to a noise exposure level (L_ex,8) equal to or greater than 84 dBA.

• (5) On completion of the investigation and after consultation with the work place committee or the health and safety representative, the person appointed to carry out the investigation shall set out in a written report signed and dated by the person

  • (a) observations respecting the matters considered in accordance with subsection (4);

  • (b) recommendations respecting the measures that should be taken in order to comply with sections 7.4 to 7.8; and

  • (c) recommendations respecting the use of hearing protectors by employees who are exposed to a noise exposure level (L_ex,8) equal to or greater than 84 dBA and not greater than 87 dBA.

• (6) The report shall be kept by the employer at the work place in respect of which it applies for a period of ten years after the date of the report.

• (7) Where it is stated in the report that an employee is likely to be exposed to a noise exposure level (L_ex,8) equal to or greater than 84 dBA, the employer shall, without delay,

  • (a) post and keep posted a copy of the report in a conspicuous place in the work place in respect of which it applies; and

  • (b) provide the employee with written information describing the hazards associated with exposure to high levels of sound.

Limits of Exposure

7.4 No employee in a work place shall, in any 24 hour period, be exposed to

• (a) an A-weighted sound pressure level set out in column I of the schedule for a duration of exposure exceeding the applicable duration set out in column II, or

• (b) a noise exposure level (L_{ex 8}) that exceeds 87 dBA.

Reduction of Sound Exposure

7.5 If feasible, every employer shall, by engineering controls or other physical means other than hearing protectors, reduce an employee’s exposure to a sound level that does not exceed the limits referred to in section 7.4.

Report to Head of Compliance and Enforcement

7.6 If it is not feasible for an employer, without providing hearing protectors to maintain an employee’s exposure to a sound level that does not exceed the limits referred to in section 7.4, the employer shall, without delay,

• (a) make a report in writing to the Head of Compliance and Enforcement setting out the reasons why it is not feasible to do so; and

• (b) provide a copy of the report to the work place committee or the health and safety representative.

Hearing Protection

• 7.7 (1) If an employer is required to make a report in accordance with section 7.6, the employer shall, as soon as feasible, provide every employee who is exposed to the sound level referred to in section 7.4 with a hearing protector that

  • (a) meets the requirements set out in CSA Standard Z94.2-M1984, Hearing Protectors, as amended from time to time; and

  • (b) prevents the exposure to the sound level referred to in section 7.4.

• (2) Where an employer provides a hearing protector to an employee pursuant to subsection (1), the employer shall

  • (a) in consultation with the work place committee or the health and safety representative, formulate a program to train the employee in the fit, care and use of the hearing protector; and

  • (b) implement the program.

• (3) Every employer shall ensure that every person, other than an employee, to whom the employer grants access to a work place if the person is likely to be exposed to a sound level that exceeds the limits referred to in section 7.4 uses a hearing protector that meets the standard referred to in paragraph (1)(a).

Warning Signs

• 7.8 (1) At every work place where an employee may be exposed to an A-weighted sound pressure level greater than 87 dBA, the employer shall, at conspicuous locations within the work place, post and keep posted signs warning of a potentially hazardous level of sound in the work place.

• (2) For the purposes of subsection (1), the measurement of the A-weighted sound pressure level in a work place shall be performed instantaneously, during normal working conditions, using the slow response setting of a sound level meter.

PART VIIIElectrical Safety

Interpretation

8.1 In this Part,

Canadian Electrical Code

Canadian Electrical Code means

• (a) CSA Standard C22.1-1990, Canadian Electrical Code, Part I, dated January 1990, and

• (b) CSA Standard C22.3 No.1-M1979, Overhead Systems and Underground Systems, dated April, 1979; (Code canadien de l’électricité)

control device

control device means a device that will safely disconnect electrical equipment from its source of energy; (dispositif de commande)

electrical equipment

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

guarantor

guarantor means a person who gives a guarantee of isolation; (garant)

guarded

guarded means covered, shielded, fenced, enclosed or otherwise protected by means of suitable covers or casings, barriers, guardrails, screens, mats or platforms to remove the possibility of dangerous contact or approach by persons or objects; (protégé)

isolated

isolated means separated or disconnected from every source of electrical, hydraulic, pneumatic or other kind of energy that is capable of making electrical equipment dangerous; (isolé)

person in charge

person in charge means an employee who supervises employees performing work on or a live test of isolated electrical equipment. (responsable)

Application

8.2 This Part does not apply to the underground workings of mines.

Standards

• 8.3 (1) The design, construction and installation of all electrical equipment, if feasible, shall meet the standards set out in the Canadian Electrical Code, Part I.

• (2) The operation and maintenance of all electrical equipment shall meet the standards set out in the Canadian Electrical Code.

Safety Procedures

• 8.4 (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 the electrical equipment has a voltage in excess of 5,200 V between any two conductors or in excess of 3,000 V between any conductor and ground,

  • (a) the qualified person or the employee referred to in subsection (1) shall use such insulated protection equipment and tools as will protect him from injury during the performance of the work; and

  • (b) the employee referred to in subsection (1) shall be instructed and trained in the use of the insulated protection equipment and tools.

• 8.5 (1) Subject to subsections (2) and (3), no employee shall work on electrical equipment unless the equipment is isolated.

• (2) If it is not feasible to isolate the electrical equipment and an employee is required to work on live equipment, the employer shall instruct the employee in procedures that are safe for live conductors.

• (3) Where electrical equipment is not live but is capable of becoming live, no employee shall work on the equipment unless

  • (a) procedures that are safe for work on live equipment are used; or

  • (b) a safety ground is connected to the equipment.

• (4) Subject to subsections (5) and (6), where an employee is working on or near electrical equipment that is live or may become live, the electrical equipment shall be guarded.

• (5) Subject to subsection (6), if it is not feasible for the electrical equipment referred to in subsection (4) 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 the ground.

• (6) Where live electrical equipment is not guarded or insulated in accordance with subsection (4) or (5) or where the employee referred to in subsection (5) is not insulated from ground, the employee shall not work so near to any live part of the electrical equipment that is within a voltage range listed 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.

• (7) No employee shall work near a live part of any electrical equipment referred to in subsection (6) if there is a risk that an unintentional movement by the employee could bring any part of the body of the employee or any thing with which the employee is in contact closer to that live part than the distance referred to in that subsection.

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

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

Safety Watcher

• 8.8 (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 their 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 they consider dangerous; and

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

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

Coordination of Work

8.9 Where an employee is working on or in connection with electrical equipment, that 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

• 8.10 (1) Before an employee climbs a pole or elevated structure that 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 such supports.

• (3) No employee shall work on any pole or elevated structure referred to in subsection (1) unless they have been instructed and trained in the rescue of employees who may be injured in the course of the work.

8.11 Every pole or elevated structure that is embedded in the ground and is used to support electrical equipment shall meet the standards set out in

• (a) CSA Standard CAN3-015-M83, Wood Utility Poles and Reinforcing Studs, dated January, 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

• 8.12 (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 be signed by the employer and shall specify

  • (a) the date and hour when the instructions are issued;

  • (b) the date and hour of the commencement and of the termination of the period during which the instructions are to be followed;

  • (c) the name of the employee to whom the instructions are issued; and

  • (d) where the instructions are in respect of the operation of a control device that affects the isolation of the electrical equipment,

    • (i) the device to which the instructions apply, and

    • (ii) where applicable, the correct sequence of procedures.

• (3) A copy of the instructions referred to in subsection (1) shall be shown and explained to the employee.

• (4) The instructions referred to in subsection (1) shall be kept readily available for examination by employees for the period referred to in paragraph (2)(b) and thereafter shall be kept by the employer for a period of one year at his place of business nearest to the work place in which the electrical equipment is located.

• 8.13 (1) Subject to subsection (4), no work on or live test of isolated electrical equipment shall be performed unless

  • (a) isolation of the equipment has been confirmed by test; and

  • (b) the employer has determined, on the basis of visual observation, that every control device and every locking device necessary to establish and maintain the isolation of the equipment

    • (i) is set in the safe position with the disconnecting contacts of control devices safely separated or, in the case of a draw-out type electrical switch gear, is withdrawn to its full extent from the contacts of the electrical switch gear,

    • (ii) is locked out, and

    • (iii) bears a distinctive tag or sign designed to notify persons that operation of the control device and movement of the locking device are prohibited during the performance of the work or live test.

• (2) Where more than one employee is performing any work on or live test of isolated electrical equipment, a separate tag or sign for each such employee shall be attached to each control device and locking device referred to in subsection (1).

• (3) The tag or sign referred to in subparagraph (1)(b)(iii) or subsection (2) 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 that the control device and the locking device referred to in paragraph (1)(b) were set in the safe position or were withdrawn to their full extent from the contacts;

  • (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 the purpose referred to in paragraph (1)(b)(iii).

• (4) If, because of the nature of the work in which the electrical equipment is being used, it is not feasible to comply with subsection (1), no work on or live test of electrical equipment shall be performed unless a guarantee of isolation referred to in section 8.14 is given to the person in charge.

Guarantees of Isolation for Electrical Equipment

• 8.14 (1) No employee shall give or receive a guarantee of isolation for electrical equipment unless he is authorized in writing by his employer to give or receive a guarantee of isolation.

• (2) Not more than one employee shall give a guarantee of isolation for a piece of electrical equipment for the same period of time.

• (3) Before an employee performs work on or a live test of isolated electrical equipment, the person in charge shall receive from the guarantor

  • (a) a written guarantee of isolation; or

  • (b) if owing to an emergency it is not feasible for the person in charge to receive a written guarantee of isolation, a non-written guarantee of isolation.

• (4) A written guarantee of isolation referred to in paragraph (3)(a) shall be signed by the guarantor and by the person in charge and shall contain the following information:

  • (a) the date and hour when the guarantee of isolation is given to the person in charge;

  • (b) the date and hour when the electrical equipment will become isolated;

  • (c) the date and hour when the isolation will be terminated, if known;

  • (d) the procedures by which isolation is assured;

  • (e) the name of the guarantor and the person in charge; and

  • (f) a statement as to whether live tests are to be performed.

• (5) Where a non-written guarantee of isolation referred to in paragraph (3)(b) is given, a written record thereof shall forthwith

  • (a) be made by the guarantor; and

  • (b) be made and signed by the person in charge.

• (6) A written record referred to in subsection (5) shall contain the information referred to in subsection (4).

• (7) Every written guarantee of isolation and every written record referred to in subsection (5) shall be

  • (a) kept by the person in charge readily available for examination by the employee performing the work or live test until the work or live test is completed;

  • (b) given to the employer when the work or live test is completed; and

  • (c) kept by the employer for a period of one year after the completion of the work or live test at his place of business nearest to the work place in which the electrical equipment is located.

8.15 Where a written guarantee of isolation or a written record of an oral guarantee of isolation is given to a person in charge and the person in charge is replaced at the work place by another person in charge before the guarantee has terminated, the other person in charge shall sign the written guarantee of isolation or written record of the oral guarantee of isolation.

8.16 Before an employee gives a guarantee of isolation for electrical equipment that obtains all or any portion of its electrical energy from a source that is not under his direct control, the employee shall obtain a guarantee of isolation in respect of the source from the person who is in direct control thereof and is authorized to give the guarantee in respect thereof.

Live Test

• 8.17 (1) No employee shall give a guarantee of isolation for the performance of a live test on isolated electrical equipment unless

  • (a) any other guarantee of isolation given in respect of the electrical equipment for any part of the period for which the guarantee of isolation is given is terminated;

  • (b) every person to whom the other guarantee of isolation referred to in paragraph (a) was given has been informed of its termination; and

  • (c) any live test to be performed on the electrical equipment will not be hazardous to the health or safety of the person performing the live test.

• (2) Every person performing a live test shall warn all persons who, during or as a result of the test, are likely to be exposed to a hazard.

Termination of Guarantee of Isolation

• 8.18 (1) The guarantee of isolation ends when work on, or a live test of, isolated electrical equipment is completed and the following conditions are met:

  • (a) every person in charge,

    • (i) has informed the guarantor that the work or live test is completed, and

    • (ii) has made and signed a record containing the date and hour when they informed the guarantor and the name of the guarantor; and

  • (b) on receipt of the information referred to in paragraph (a), the guarantor made and signed a record containing

    • (i) the date and hour when the work or live test was completed, and

    • (ii) the name of the person in charge.

• (2) The records referred to in subparagraph (1)(a)(ii) and paragraph (1)(b) shall be kept by the employer at the employer’s place of business nearest to the work place in which the electrical equipment was located when it was isolated, for a period of one year after the day on which they are signed.

Safety Grounding

• 8.19 (1) No employee shall attach a safety ground to electrical equipment unless he has tested the electrical equipment and has established that it is isolated.

• (2) Subsection (1) does not apply in respect of electrical equipment that is grounded by means of a grounding switch that is an integral part of the equipment.

• 8.20 (1) Work must not be performed on any electrical equipment in an area if the following devices are found unless the device is connected to a common grounding network:

  • (a) a grounding bus,

  • (b) a station grounding network,

  • (c) a neutral conductor,

  • (d) temporary phase grounding, or

  • (e) a metal structure.

• (2) If, after the connections are made, a safety ground is required to ensure the safety of an employee working on the electrical equipment, the safety ground shall be connected to the common grounding network.

8.21 Every conducting part of a safety ground on isolated electrical equipment shall have sufficient current carrying capacity to conduct the maximum current that is likely to be carried on any part of the equipment for such time as is necessary to permit operation of any device that is installed on the electrical equipment so that, in the event of a short circuit or other electrical current overload, the electrical equipment is automatically disconnected from its source of electrical energy.

• 8.22 (1) For the purposes of subsection (2), a

  point of safety grounding

  point of safety grounding means

  • (a) a grounding bus, a station grounding network, a neutral conductor, a metal structure or an aerial ground, or

  • (b) one or more metal rods that are not less than 16 mm in diameter and are driven not less than l m into undisturbed compact earth at a minimum distance of 4.5 m from the base of the pole, structure, apparatus or other thing to which the electrical equipment is attached or from the area where persons on the ground work and in a direction away from the main work area. (point de mise à la terre)

• (2) No safety ground shall be attached to or disconnected from isolated electrical equipment except in accordance with the following requirements:

  • (a) the safety ground shall, if feasible, be attached to the pole, structure, apparatus or other thing to which the electrical equipment is attached;

  • (b) all isolated conductors, neutral conductors and all non-insulated surfaces of the electrical equipment shall be short-circuited, electrically bonded together and attached by a safety ground to a point of safety grounding in a manner that establishes equal voltage on all surfaces that can be touched by persons who work on the electrical equipment;

  • (c) the safety ground shall be attached by means of mechanical clamps that are tightened securely and are in direct contact with bare metal;

  • (d) the safety ground shall be so secured that none of its parts can make contact accidentally with any live electrical equipment;

  • (e) the safety ground shall be attached and disconnected using insulated protection equipment and tools;

  • (f) the safety ground shall, before it is attached to isolated electrical equipment, be attached to a point of safety grounding; and

  • (g) the safety ground shall, before being disconnected from the point of safety grounding, be removed from the isolated electrical equipment in such a manner that the employee avoids contact with all live conductors.

Switches and Control Devices

• 8.23 (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 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 device shall be fitted with a locking device that only an authorized person can activate.

SCHEDULE(Subsection 8.5(6))

Item	Column I	Column II	Column III
	Voltage Range of Part: Part to Ground	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

• SOR/98-427, s. 4

PART IXSanitation

Interpretation

9.1 In this Part,

ARI

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

Canadian Plumbing Code

Canadian Plumbing Code means the Canadian Plumbing Code, 1985; (Code canadien de la plomberie)

field accommodation

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

mobile accommodation

mobile accommodation means field accommodation that may be easily and quickly moved. (logement mobile)

General

• 9.2 (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 will remain as clean and in such a sanitary condition as is possible.

9.3 All janitorial work that may cause dusty or unsanitary conditions shall be carried out in a manner that will prevent the contamination of the air by dust or other substances injurious to health.

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

• 9.5 (1) Every plumbing system that supplies potable water and removes water-borne waste

  • (a) shall meet the standards set out in the Canadian Plumbing Code; and

  • (b) subject to subsection (2), shall be connected to a municipal sanitation sewer or water main.

• (2) If it is not feasible to comply with paragraph (1)(b), the employer shall provide a waste disposal system that meets the standards set out in ANSI standard ANSI Z4.3-1979, Minimum Requirements for Nonsewered Waste-Disposal Systems, dated November 8, 1978.

• 9.6 (1) Each container that is used for solid or liquid waste in the work place shall

  • (a) be equipped with a tight-fitting cover;

  • (b) be so constructed that it can easily be cleaned and maintained in a sanitary condition;

  • (c) be leak-proof; and

  • (d) where there may be internal pressure in the container, be so designed that the pressure is relieved by controlled ventilation.

• (2) Each container referred to in subsection (1) shall be emptied at least once every day that it is used.

• 9.7 (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 will prevent the entrance of vermin.

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

9.8 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.

9.9 In each personal service room and food preparation area, the temperature, measured one metre above the floor in the centre of the room or area, shall, if feasible, be maintained at a level of not less than 18°C and not more than 29°C.

• 9.10 (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.

9.11 Where separate personal service rooms are provided for employees of each sex, each room shall be equipped with a door that is self-closing and is clearly marked to indicate the sex of the employees for whom the room is provided.

Toilet Rooms

• 9.12 (1) If feasible, a toilet room shall be provided for employees and, subject to section 9.13, if persons of both sexes are employed at the same work place, a separate toilet room shall be provided for employees of each sex.

• (2) Subject to subsections (3) and (4), where a toilet room is provided in accordance with subsection (1), the employer shall provide in that room a number of toilets determined according to the maximum number of employees of each sex who are normally employed by him at any one time at the same work place as follows:

  • (a) where the number of such employees does not exceed nine, one toilet;

  • (b) where the number of such employees exceeds nine but does not exceed 24, two toilets;

  • (c) where the number of such employees exceeds 24 but does not exceed 49, three toilets;

  • (d) where the number of such employees exceeds 49 but does not exceed 74, four toilets;

  • (e) where the number of such employees exceeds 74 but does not exceed 100, five toilets; and

  • (f) where the number of such employees exceeds 100, five toilets and one toilet for every 30 such employees or portion of that number in excess of 100.

• (3) Subject to subsection (4), where the class of employment in a work place is the transaction of business or the rendering of professional or personal services, the number of toilets provided by the employer in accordance with subsection (2) may be reduced

  • (a) where the number of employees of each sex does not exceed 25, to one toilet;

  • (b) where the number of employees of each sex exceeds 25 but does not exceed 50, to two toilets; and

  • (c) where the number of employees of each sex exceeds 50, to three toilets and one toilet for every 50 employees or portion of that number in excess of 50.

• (4) An employer may substitute urinals for up to two-thirds of the number of toilets required by subsection (2) or (3) to be provided for male employees.

• (5) For the purposes of subsections (2) and (3), an employee who is normally away from his work place for more than 75 per cent of his working time and does not normally use the toilet room in the work place shall not be counted.

• (6) If feasible, toilet rooms and wash basins separate from those used by other employees shall be provided for food handlers.

• 9.13 (1) Subject to subsection (2), an employer may provide only one toilet for both male and female employees if

  • (a) the total number of employees normally employed by him in the work place at any one time does not exceed five; and

  • (b) the door of the toilet room is fitted on the inside with a locking device.

• (2) Where the class of employment in a work place is the transaction of business or the rendering of professional or personal services, the employer may provide only one toilet for both male and female employees if

  • (a) the total number of employees normally employed by him in the work place at any one time does not exceed 10 or the area of the work place does not exceed 100 m²; and

  • (b) the door of the toilet room is fitted on the inside with a locking device.

9.14 Toilet rooms shall be located not more than 60 m from and not more than one storey above or below each work place.

9.15 Every toilet room shall be so designed that

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

• (b) no toilet or urinal is visible when the door of the toilet room is open;

• (c) it has a ceiling height of not less than 2.2 m;

• (d) where the toilet room contains more than one toilet, each toilet is enclosed in a separate compartment fitted with a door and an inside locking device; and

• (e) the walls of each separate toilet compartment are designed and constructed to provide a reasonable amount of privacy for its occupant.

9.16 Toilet paper on a holder or in a dispenser shall be provided

• (a) where there is only one toilet in a toilet room, in that toilet room; and

• (b) in each toilet compartment.

• 9.17 (1) The employer shall provide menstrual products, including clean and hygienic tampons and menstrual pads, in each toilet room.

• (2) If it is not feasible to provide menstrual products in a toilet room, the employer shall provide them in another location in the same work place that is controlled by the employer, accessible by employees at all times and offers a reasonable amount of privacy.

• (3) The employer shall provide a covered container for the disposal of menstrual products

  • (a) in any toilet room that has only one toilet; and

  • (b) in each toilet compartment of any toilet room that has more than one toilet.

Wash Basins

9.18 Hot water provided for personal washing

• (a) shall be maintained at a temperature of not less than 35°C and not more than 43°C; and

• (b) shall not be heated by mixing with steam.

• 9.19 (1) Subject to sections 9.20 and 9.21, every employer shall provide for each toilet room wash basins supplied with cold water and hot water that meets the requirements of section 9.18 as follows:

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

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

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

9.20 Subject to section 9.21, where a toilet room is provided and the work environment of employees is such that their health is likely to be endangered by a hazardous substance coming into contact with their skin, the employer shall provide a wash room with individual wash basins supplied with cold water and hot water that meets the requirements of section 9.18 as follows:

• (a) where the number of those employees does not exceed five, one wash basin;

• (b) where the number of those employees exceeds five but does not exceed 10, two wash basins;

• (c) where the number of those employees exceeds 10 but does not exceed 15, three wash basins;

• (d) where the number of those employees exceeds 15 but does not exceed 20, four wash basins; and

• (e) where the number of those employees exceeds 20, four wash basins and one additional wash basin for every 15 of those employees or portion of that number in excess of 20.

• 9.21 (1) An industrial wash trough or circular wash basin of a capacity equivalent to the aggregate of the minimum standard capacities of the wash basins referred to in sections 9.19 and 9.20 may be provided in place of the wash basins.

• (2) An industrial wash trough or circular wash basin referred to in subsection (1) shall be supplied with cold water and hot water that meets the requirements of section 9.18.

9.22 In every personal service room that contains a wash basin, the employer shall provide

• (a) powdered or liquid soap or other cleaning agent in a dispenser at each wash basin 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 towels are provided.

Showers and Shower Rooms

• 9.23 (1) A shower room with a door fitted on the inside with a locking device and 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 receptor shall be constructed and arranged in such a way that water cannot leak through the walls or floors.

• (3) No more than six shower heads shall be served by a single shower drain.

• (4) Where two or more shower heads are served by a shower drain, the floor shall be sloped and the drain so located that water from one head cannot flow over the area that serves another head.

• (5) Except for column showers, where a battery of shower heads is installed, the horizontal distance between two adjacent shower heads shall be at least 750 mm.

• (6) Waterproof finish shall be provided to a height of not less than 1.8 m above the floor in shower rooms and shall consist of ceramic, plastic or metal tile, sheet vinyl, tempered hardboard, laminated thermosetting decorative sheets or linoleum.

• (7) Finished flooring in shower rooms shall consist of resilient flooring, felted-synthetic fibre floor coverings, concrete terrazzo, ceramic tile, mastic or other types of flooring providing similar degrees of water resistance.

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

• (9) Every shower shall be provided with cold water and hot water that meets the requirements of section 9.18.

• (10) Where an employee referred to in subsection (1) takes a shower as a result of his work, a clean towel and soap or other cleaning agent shall be provided to him.

Potable Water

9.24 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.

9.25 Where it is necessary to transport water for drinking, personal washing or food preparation, only sanitary portable water containers shall be used.

9.26 Where a portable storage container for drinking water is used,

• (a) the container shall be securely covered and closed;

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

• (c) the container shall not be stored in a toilet room; and

• (d) 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.

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

9.28 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.

9.29 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

9.30 All field accommodation shall meet the following standards:

• (a) it shall be located on well-drained ground;

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

• (c) the food preparation area and lunch room shall be separated from the sleeping quarters;

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

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

• (f) toilet rooms shall be maintained in a sanitary condition; and

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

• 9.31 (1) Living quarters provided

  • (a) in any fixed accommodation shall comprise

    • (i) for a single occupant, a space of at least 18 m³, and

    • (ii) where there is more than one occupant, 18 m³ plus 12 m³ for each additional occupant; and

  • (b) in any mobile accommodation shall comprise

    • (i) for a single occupant, a space of at least 12 m³, and

    • (ii) where there is more than one occupant, 12 m³ plus 8 m³ for each additional occupant.

• (2) The living quarters referred to in subsection (1) shall have no floor dimension that is less than 1.5 m.

• (3) Toilet rooms and locker rooms shall not be counted in the calculation made in accordance with subsection (1).

• 9.32 (1) All mobile 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.

• (2) For the purposes of clause 4.12.4 of the Standard referred to in subsection (1), there is no other approved method.

9.33 In any field accommodation provided as sleeping quarters for employees

• (a) a separate bed or bunk shall be provided for each employee;

• (b) the beds or bunks shall not be more than double-tiered and shall be so constructed that they can be cleaned and disinfected;

• (c) mattresses, sheets, pillow cases, blankets and bed covers shall be provided for each employee and kept in a clean and sanitary condition;

• (d) clean laundered sheets and pillow cases shall be provided for each employee at least once each week; and

• (e) at least one shelf and a locker fitted with a locking device shall be provided for each employee.

Preparation, Handling, Storage and Serving of Food

• 9.34 (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.

9.35 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.

• 9.36 (1) Where foods stored by an employer for consumption by employees require refrigeration to prevent them from becoming hazardous to health, the foods shall be maintained at a temperature of 4°C or lower.

• (2) Where foods stored by an employer for consumption by employees require freezing to prevent them from becoming hazardous to health, the foods shall be maintained at a temperature of -11°C or lower.

9.37 All equipment and utensils that come into contact with food shall be

• (a) designed to be easily cleaned;

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

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

9.38 No person shall eat, prepare or store food

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

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

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

Food Waste and Garbage

• 9.39 (1) No food waste or garbage shall be stored in a food preparation area.

• (2) Food waste and garbage shall be handled and removed from a food preparation area or lunch room in accordance with subsections (3) to (5).

• (3) Wet food waste and garbage shall be

  • (a) disposed of by mechanical grinders or choppers connected to sewage disposal lines; or

  • (b) held in leak-proof, non-absorptive, easily-cleaned containers with tight-fitting covers in a separate enclosed area or container until removal for disposal.

• (4) Dry food waste and garbage shall be removed or incinerated.

• (5) Food waste and garbage containers shall be kept covered and the food waste and garbage removed as frequently as is necessary to prevent unsanitary conditions.

• (6) Food waste and garbage containers shall, each time they are emptied, be cleansed and disinfected in an area separate from the food preparation area.

Lunch Rooms

9.40 Every lunch room provided by the employer

• (a) shall be separated from any place where a hazardous substance may contaminate food, dishes or utensils;

• (b) shall not be used for any purpose that is incompatible with its use as a lunch room;

• (c) shall not have any dimension of less than 2.3 m;

• (d) shall have a minimum floor area of 9 m²;

• (e) shall have 1.1 m² of floor area for each of the employees who normally use the room at any one time;

• (f) shall be furnished with a sufficient number of tables and seats to accommodate adequately the number of employees normally using the lunch room at any one time; and

• (g) shall be provided with non-combustible covered receptacles for the disposal of waste food or other waste material.

Ventilation

• 9.41 (1) Each personal service room and food preparation area shall be ventilated to provide at least two changes of air per hour

  • (a) by mechanical means, where the room is normally used by 10 or more employees at any one time; or

  • (b) by mechanical means or natural ventilation through a window or similar opening, where the room is used by fewer than 10 employees if

    • (i) the window or similar opening is located on an outside wall of the room, and

    • (ii) not less than 0.2 m² of unobstructed ventilation is provided for each of the employees who normally use the room at any one time.

• (2) Where an employer provides ventilation by mechanical means in accordance with paragraph (1)(a), the amount of air provided for a type of room set out in Column I of an item of the schedule to this Part shall be not less than that set out in Column II of that item.

• (3) Where an employer provides for the ventilation of a food preparation area or a lunch room by mechanical means in accordance with paragraph (1)(a), the rate of change of air shall be not less than nine litres per second for each employee who is normally employed in the food preparation area at any one time or for each employee who uses the lunch room at any one time.

• 9.42 (1) Subject to subsection (2), any exhaust system from a personal service room containing a toilet or a shower shall not be connected with any other exhaust or air supply system.

• (2) The exhaust system for a personal service room containing a toilet or shower may be connected with the exhaust duct of another room at the exhaust fan inlet if the system is connected in such a manner that an exchange of air cannot occur between the rooms.

Clothing Storage

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

• 9.44 (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 that employee to change from street clothes to work clothes for health or safety reasons; or

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

• (2) 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 drying and cleaning facilities for the purpose of drying or cleaning wet or contaminated clothing referred to in paragraph (1)(b).

• (5) In each change room,

  • (a) a floor area of at least 0.4 m² shall be provided for each of the employees who normally use the room at any one time; and

  • (b) where it is necessary for the employees to change footwear, seats shall be provided in sufficient numbers to accommodate them.

9.45 If feasible, the clothing storage facilities referred to in section 9.43 and the change room referred to in section 9.44 shall be located

• (a) near the work place and connected thereto by a completely covered route;

• (b) on a direct route to the entrance to the work place;

• (c) near a shower room provided pursuant to section 9.23; and

• (d) near a toilet room.

PART XHazardous Substances

Interpretation

10.1 In this Part,

airborne asbestos fibres

airborne asbestos fibres means asbestos fibres that are longer than 5 μm (micrometres) with an aspect ratio equal to or greater than 3:1 and that are carried by the air; (fibres d’amiante aéroportées)

airborne chrysotile asbestos

airborne chrysotile asbestos[Repealed, SOR/2017-132, s. 1]

asbestos

asbestos means actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite in their fibrous form; (amiante)

asbestos-containing material

asbestos-containing material means

• (a) any article that is manufactured and contains 1% or more asbestos by weight at the time of manufacture or that contains a concentration of 1% or more asbestos as determined in accordance with Method 9002 set out in the document entitled NIOSH Manual of Analytical Methods, published by the National Institute for Occupational Safety and Health, as amended from time to time, or in accordance with a scientifically proven method used to collect and analyze a representative sample of the material; and

• (b) any material that contains a concentration of 1% or more asbestos as determined in accordance with Method 9002 set out in the document entitled NIOSH Manual of Analytical Methods, published by the National Institute for Occupational Safety and Health, as amended from time to time, or in accordance with a scientifically proven method used to collect and analyze a representative sample of the material; (matériau contenant de l’amiante)

clearance air sampling

clearance air sampling means the action of taking samples to determine if the concentration of airborne asbestos fibres inside an enclosure is below the limit referred to in section 10.19 to permit the dismantling of a containment system; (échantillonnage de l’air après décontamination)

containment system

containment system means an isolation system that is designed to effectively contain asbestos fibre within a designated work area where asbestos-containing material is handled, removed, encapsulated or enclosed; (système de confinement)

encapsulation

encapsulation means the treatment of an asbestos-containing material with a sealant that penetrates the material and binds the asbestos fibres together, and the treatment of the surface of the asbestos-containing material with a sealant that creates a membrane on the surface, to prevent the release of asbestos fibres into the air; (encapsulation)

enclosure

enclosure means a physical barrier such as drywall, plywood or metal sheeting that, as part of the containment system, isolates asbestos-containing material from adjacent areas in a building to prevent the release of airborne asbestos fibres into those areas; (encloisonnement)

friable

friable means, in respect of asbestos-containing material, that the material, when dry, can be easily crumbled or powdered by hand pressure; (friable)

glove bag

glove bag means a polyethylene or polyvinyl chloride bag that is affixed around an asbestos-containing source and that permits asbestos-containing material to be removed while minimizing the release of airborne asbestos fibres into the work place; (sac à gants)

hazard information

hazard information means, in respect of a hazardous substance, information on the proper and safe storage, handling, use and disposal of the hazardous substance, including information relating to the health and physical hazards that it presents; (renseignements sur les risques)

HEPA filter

HEPA filter means a high-efficiency particulate air filter that has been tested to ensure efficiency equal to or exceeding 99.97% for removal of airborne particles having a mean aerodynamic diameter of 0.3 µm (micrometres) from the air; (filtre HEPA)

high-risk activity

high-risk activity means an activity that involves the handling or disturbance of friable asbestos-containing material or is carried out in proximity to friable asbestos-containing material, that requires a high level of control to prevent exposure to excessive concentrations of airborne asbestos fibres and that includes

• (a) the removal or disturbance of more than 1 m² of friable asbestos-containing material in a work place, even if the activity is divided into smaller jobs,

• (b) the spray application of a sealant to a friable asbestos-containing material,

• (c) the cleaning or removal of air-handling equipment, other than filters, in a building that has sprayed-on fireproofing or sprayed-on thermal insulation that is asbestos-containing material,

• (d) the repair, alteration or demolition of all or part of a kiln, metallurgical furnace or similar structure that contains asbestos-containing material,

• (e) the breaking, cutting, drilling, abrading, grinding, sanding or vibrating of non-friable asbestos-containing material, if the activity is carried out by means of power tools that are not attached to dust-collecting devices equipped with HEPA filters, and

• (f) the repair, alteration or demolition of all or part of a building in which asbestos is or was used in the manufacture of products, unless the asbestos was cleaned up and removed; (activité à risque élevé)

low-risk activity

low-risk activity means an activity that involves the handling of asbestos-containing material or is carried out in proximity to non-friable asbestos-containing material and that includes

• (a) the installation or removal of ceiling tiles that are made of non-friable asbestos-containing material and cover an area of less than 7.5 m²,

• (b) the installation or removal of other non-friable asbestos-containing material, if the material is not being broken, cut, drilled, abraded, ground, sanded or vibrated and dust is not being generated,

• (c) the breaking, cutting, drilling, abrading, grinding, sanding or vibrating of non-friable asbestos-containing material, if the material is wetted to control the spread of dust or fibres and the activity is carried out only by means of non-powered hand-held tools, and

• (d) the removal of less than 1 m² of drywall in which joint cement containing asbestos has been used; (activité à faible risque)

moderate-risk activity

moderate-risk activity means an activity that involves the handling of asbestos-containing material or is carried out in proximity to friable asbestos-containing material, that is not otherwise classified as a low-risk activity or high-risk activity and that includes

• (a) the removal of all or part of a false ceiling to gain access to a work area, if asbestos-containing material is likely to be found on the surface of the false ceiling,

• (b) the removal or disturbance of 1 m² or less of friable asbestos-containing material during repair, alteration, maintenance or demolition work in a work place,

• (c) the enclosure of friable asbestos-containing material,

• (d) the application of tape, sealant or other covering to pipe or boiler insulation that is asbestos-containing material,

• (e) the removal of ceiling tiles that are asbestos-containing material, if the tiles cover an area of greater than 2 m² and are removed without being broken, cut, drilled, abraded, ground, sanded or vibrated,

• (f) the breaking, cutting, drilling, abrading, grinding, sanding or vibrating of non-friable asbestos-containing material, if the material is not wetted to control the spread of dust or fibres and the activity is carried out only by means of non-powered hand-held tools,

• (g) the removal of 1 m² or more of drywall in which joint cement that is asbestos-containing material has been used,

• (h) the breaking, cutting, drilling, abrading, grinding, sanding or vibrating of non-friable asbestos-containing material, if the activity is carried out by means of power tools that are attached to dust-collecting devices equipped with HEPA filters,

• (i) the removal of insulation that is asbestos-containing material from a pipe, duct or similar structure using a glove bag, and

• (j) the cleaning or removal of filters used in air-handling equipment in a building that has sprayed-on fireproofing that is asbestos-containing material; (activité à risque modéré)

product identifier

product identifier has the same meaning as in subsection 1(1) of the Hazardous Products Regulations; (identificateur de produit)

readily available

readily available means, in respect of a document, present and easily accessible at the work place at all times; (facilement accessible)

supplier

supplier has the same meaning as in section 2 of the Hazardous Products Act; (fournisseur)

work activity

work activity means any low-risk activity, moderate-risk activity or high-risk activity or any activity that is ancillary to that activity, and the supervision of that activity and that ancillary activity. (activité de travail)

Application

10.2 This Part does not apply to the handling or transportation of dangerous goods to which the Transportation of Dangerous Goods Act, 1992 and regulations made thereunder apply.

DIVISION IGeneral

Records of Hazardous Substances

10.3 Every employer shall keep a record of all hazardous substances that are used, produced, handled or stored for use in the work place and may either keep such a record in the work place or keep a centralized record in respect of several work places in one work place.

Hazard Investigation

• 10.4 (1) If the health or safety of an employee is likely to be endangered by exposure to a hazardous substance in a work place, the employer shall, without delay,

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

  • (b) for the purposes of providing for the participation of the work place committee or the health and safety representative in the investigation, notify either of the proposed investigation and of the name of the qualified person appointed to carry out that investigation.

• (2) In an 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 to the hazardous substance;

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

  • (d) the quantity of the hazardous substance to be handled;

  • (e) the manner in which the hazardous substance is stored, used, handled and disposed of;

  • (f) the control methods used to eliminate or reduce exposure of employees to the hazardous substance;

  • (g) the concentration or level of the hazardous substance to which an employee is likely to be exposed;

  • (h) whether the concentration of an airborne chemical agent or the level of ionizing or non-ionizing radiation is likely to exceed 50 per cent of the values referred to in subsection 10.19(1) or the levels referred to in subsections 10.26(3) and (4); and

  • (i) whether the level referred to in paragraph (g) is likely to exceed or be less than that prescribed in Part VI.

10.5 On completion of an investigation referred to in subsection 10.4(1) and after consultation with the work place committee or the health and safety representative,

• (a) the qualified person shall set out in a written report signed by the qualified person

  • (i) the qualified person’s observations respecting the criteria considered in accordance with subsection 10.4(2), and

  • (ii) the qualified person’s recommendations respecting the manner of compliance with sections 10.7 to 10.26, including recommendations respecting sampling and testing methods; and

• (b) the employer shall establish and keep up-to-date written procedure for the controlling of the concentration or level of the hazardous substance in the work place and make it readily available for examination by employees in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

10.6 A report referred to in section 10.5 shall be kept by the employer for a period of thirty years after the date on which the qualified person signed the report.

Medical Examinations

• 10.7 (1) If a report referred to in section 10.5 recommends a medical examination for the employees likely to be exposed to a hazardous substance, the employer shall consult a physician to ascertain the necessity for that medical examination.

• (2) The employer, having consulted a physician pursuant to subsection (1) who has confirmed the necessity for a medical examination, shall not permit an employee to handle the hazardous substance in the work place unless a physician acceptable to the employee has examined the employee and declared the employee fit, or fit with specified restrictions, to handle the hazardous substance.

• (3) Where the physician examining an employee pursuant to subsection (2) declares the employee fit with specified restrictions to handle the hazardous substance, the employer shall not permit the employee to handle the hazardous substance in the work place except in accordance with the specified restrictions.

• (4) Where an employer consults a physician pursuant to subsection (1), the employer shall keep a copy of the physician’s decision with the report referred to in section 10.5.

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

Storage, Handling and Use

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

10.9 If 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 possible.

10.10 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 health or safety hazard that is caused by the hazardous substance.

10.11 The quantity of a hazardous substance for use or processing in a work place shall, if feasible, be limited to the quantity required in one work day.

• 10.12 (1) Where, in a work place, a hazardous substance is capable of combining with another substance to form an ignitable combination and there exists a hazard of ignition of the combination by static electricity, the employer shall implement the standards set out in the United States National Fire Protection Association, Inc. publication NFPA 77, Recommended Practice on Static Electricity, dated 1988, as amended from time to time.

• (2) For the purpose of interpreting the standards referred to in subsection (1), acceptable means appropriate.

Warning of Hazardous Substances

10.13 Where a hazardous substance is stored, handled or used in a work place, warnings shall be given in appropriate places at access points warning every person granted access to the work place of the presence of the hazardous substance and of any precautions to be taken to prevent or reduce any hazard of injury to health.

Employee Education and Training

• 10.14 (1) Every employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, develop and implement an employee education and training program with respect to hazard prevention and control at the work place.

• (2) The employee education and training program shall include

  • (a) the education and training of each employee who handles or is exposed to or who 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 or by the employer on a safety data sheet or label,

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

    • (iv) the observations referred to in subparagraph 10.5(a)(i),

    • (v) the information disclosed on a safety data sheet referred to in section 10.28 and the purpose and significance of that information, and

    • (vi) in respect of hazardous products in the work place, the information required to be disclosed on a safety data sheet and on a label under Division III and the purpose and significance of that information;

  • (b) the education and training of each employee who installs, operates, maintains or repairs an assembly of pipes or any other equipment referred to in section 10.24, with respect to

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

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

    • (iii) the significance of the labelling, colour-coding, placarding or other modes of identification that are used;

  • (c) the education and training of each employee who is referred to in paragraph (a) or (b), with respect to

    • (i) the procedures to follow to implement sections 10.8, 10.9 and 10.12,

    • (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

    • (iii) the procedures to follow if an employee is exposed to fugitive emissions as defined in section 10.29; and

  • (d) the education and training of each employee on the procedures to follow to access electronic or paper versions of reports, records of education and training given and safety data sheets.

• (3) Every employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, review and, if necessary, revise the employee education and training program

  • (a) at least once a year;

  • (b) whenever there is a change in conditions in respect of the presence of 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.

10.15 The employer shall keep a paper or electronic record of the education and training given to every employee and

• (a) make it readily available for examination by the employee in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative; and

• (b) keep it for a period of two years after the employee ceases

  • (i) to handle or be exposed to the hazardous substance, or is no longer likely to handle or be exposed to the hazardous substance, or

  • (ii) to install, operate, maintain or repair the assembly of pipes.

Substitution of Substances

10.16 No person shall use a hazardous substance in a work place if a non-hazardous substance or one that is less hazardous can be used instead.

Ventilation

• 10.17 (1) Every ventilation system installed on or after January 1, 1997 to control the concentration of an airborne hazardous substance shall be so designed, constructed, installed, operated and maintained that

  • (a) the concentration of the airborne hazardous substance does not exceed the values and levels prescribed in subsections 10.19(1) and 10.20(1) and (2); and

  • (b) it meets the standards set out in

    • (i) Part 6 of the National Building Code,

    • (ii) the publication of the American Conference of Governmental Industrial Hygienists entitled Industrial Ventilation, 20th edition, dated 1988, as amended from time to time, or

    • (iii) ANSI Standard ANSI Z9.2-1979 entitled Fundamentals Governing the Design and Operation of Local Exhaust Systems, dated 1979, as amended from time to time.

• (2) If feasible, every ventilation system installed before January 1, 1997 to control the concentration of an airborne hazardous substance shall be maintained so as to meet the requirements set out in subsection (1).

• 10.18 (1) Before a ventilation system referred to in subsection 10.17(1) is operated for the first time in a work place, the employer shall set out in writing instructions pertaining to the inspection, testing and maintenance of that ventilation system.

• (2) The instructions referred to in subsection (1) shall specify the nature and frequency of inspections, tests and maintenance to be performed on the ventilation system.

• (3) The employer shall ensure that a qualified person

  • (a) carries out each inspection, testing and maintenance of the ventilation system in accordance with the instructions referred to in subsection (1); and

  • (b) makes and signs a report with respect to each inspection, test or maintenance work.

• (4) A report referred to in paragraph (3)(b) shall

  • (a) include the date of the inspection, test or maintenance work performed by the qualified person;

  • (b) identify the ventilation system that was inspected, tested or maintained; and

  • (c) set out the safety observations of the qualified person in respect of the ventilation system.

• (5) The employer shall keep at the work place at which the ventilation system is located a copy of

  • (a) the instructions referred to in subsection (1), and

  • (b) the most recent report referred to in paragraph (3)(b).

• (6) The employer shall give to every employee who operates a ventilation system the necessary education and training for the safe and proper use of the system.

• (7) The employer shall keep a paper or electronic record of the education and training given to every employee who operates a ventilation system for as long as the employee remains in the employer’s employ.

Control of Hazards

• 10.19 (1) An employee shall be kept free from exposure to a concentration of

  • (a) an airborne chemical agent, other than airborne grain dust, airborne flour dust and airborne asbestos fibres, 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 (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time;

  • (b) airborne grain dust in excess of 4 mg/m³; or

  • (c) airborne flour dust in excess of 3 mg/m³.

• (1.1) An employer shall ensure that an employee’s exposure to a concentration of airborne asbestos fibres is as close to zero as possible, but in any event the employer shall ensure that the concentration does not exceed the value for airborne asbestos fibres adopted by the American Conference of Governmental Industrial Hygienists in its publication entitled Threshold Limit Values (TLV) and Biological Exposure Indices (BEI), as amended from time to time.

• (2) Subsection (1) does not apply in respect of concentrations of carbon dioxide or respirable dust in the underground portion of a coal mine.

• (3) If the concentration of an airborne chemical agent is likely to exceed the value referred to in subsection (1), air samples shall be taken and the concentration of the chemical agent shall be determined

  • (a) in accordance with 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, as amended from time to time;

  • (b) in accordance with 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, as amended from time to time;

  • (c) in accordance with a method that collects and analyses a representative sample of the chemical agent with accuracy and with detection levels at least equal to those which would be obtained if the standards referred to in paragraph (a) or (b) were used; or

  • (d) where no specific standards for the chemical agent are set out in the publications referred to in paragraphs (a) and (b) and no method is available under paragraph (c), in accordance with a scientifically proven method used to collect and analyse a representative sample of the chemical agent.

• (4) A paper or electronic record of each test made under subsection (3) shall be kept by the employer at the employer’s place of business that is nearest to the work place where the air sample was taken, for a period of three years after the date of the test.

• (5) A record referred to in subsection (4) shall include

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

  • (b) the hazardous substance in respect of which the test was made;

  • (c) the sampling and testing method used;

  • (d) the result obtained; and

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

• 10.20 (1) Subject to subsection (2), the concentration of an airborne chemical agent or combination of airborne chemical agents in the 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 an airborne chemical agent or combination of airborne chemical agents in the work place, the maximum concentration of the chemical agent or of the combination of chemical agents shall be 10 per cent of the lower explosive limit of the chemical agent or combination of chemical agents.

• (3) Subsection (2) does not apply in respect of concentrations of methane gas in the underground portion of a coal mine.

10.21 Compressed air, gas or steam shall not be used for blowing dust or other substances from structures, machinery or materials where

• (a) there is a risk of any person being directly exposed to the jet or where a fire, explosion, injury or health hazard is likely to result from such use; or

• (b) that use would result in a concentration of an airborne chemical agent that exceeds the values referred to in paragraph 10.19(1)(a) or subsection 10.19(1.1) or the limit referred to in subsection 10.20(1) or (2).

• 10.22 (1) Compressed air shall not be used for cleaning clothing contaminated with:

  • (a) asbestos; or

  • (b) a hazardous substance having an exposure limit referred to in paragraph 10.19(1)(a) or (b) lower than 1 mg/m³.

• (2) Where compressed air is used to clean clothing,

  • (a) appropriate eye protection shall be worn; and

  • (b) the maximum compressed air pressure in the pipeline shall be 69 kPa (10 psi) or a safety nozzle limiting the air pressure to no more than 69kPa (10 psi) shall be used.

Warnings

10.23 If feasible, the employer shall provide automated warning and detection systems if the seriousness of any exposure to a hazardous substance so requires.

Assembly of Pipes

10.24 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) marked, by labelling, colour-coding, placarding or any other mode, to identify the hazardous substance being transferred and, if appropriate, the direction of the flow; and

• (b) fitted with valves and other control and safety devices to ensure its safe operation, maintenance and repair.

Explosives

10.25 All blasting using dynamite or other explosives shall be done by a qualified person who, where required under the laws of the province in which the blasting is carried out, holds a blasting certificate or such other authorization as may be required under those laws.

Ionizing and Non-ionizing Radiation

• 10.26 (1) Where a device that is capable of producing and emitting energy in the form of ionizing or non-ionizing radiation is used in the work place, the employer shall, if the device is referred to in subsection (2), implement the applicable document, as amended from time to time, published by the Department of National Health and Welfare, as specified in one of paragraphs (2)(a) to (k) or published by ANSI, as specified in paragraph (2)(l).

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

  • (a) in respect of radio frequency and microwave devices in the frequency range from 10 kHz to 300 GHz, Safety Code - 6, dated 1990;

  • (b) in respect of X-ray equipment in medical diagnosis, Safety Code - 20A, dated 1980;

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

  • (d) in respect of dental X-ray equipment, Safety Code - 22, dated 1980;

  • (e) in respect of ultrasound equipment, Safety Code - 23, dated 1989, and Safety Code - 24, dated 1990;

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

  • (g) in respect of magnetic resonance imaging and magnetic resonance spectroscopy equipment, Safety Code - 26, dated 1987;

  • (h) in respect of industrial X-ray equipment, Safety Code - 27, dated 1987;

  • (i) in respect of veterinary X-ray equipment, Safety Code - 28, dated 1991;

  • (j) in respect of demonstration-type discharge devices, Recommended Safety Procedures for the Selection and Use of Demonstration-Type Discharge Devices in Schools, dated 1979;

  • (k) in respect of dielectric (RF) heaters, Dielectric (RF) Heaters Guidelines for Limiting Radio-Frequency Exposure, dated 1980; and

  • (l) in respect of lasers, ANSI Standard ANSI Z136.1-1986, American National Standard for the Safe Use of Lasers, dated 1986, including its appendices with the exception of Appendix D.

• (3) If an employee works on or near a device that may emit nuclear energy, the employer shall ensure that the exposure of the employee to nuclear energy does not exceed the radiation dose limits set out in the Radiation Protection Regulations.

• (4) No employee, other than a nuclear energy worker as defined in section 2 of the Nuclear Safety and Control Act, shall be exposed in the course of any year to a concentration of radon that on average, over the year, is higher than 800 Bq/m³.

DIVISION IIHazardous Substances Other than Hazardous Products

Asbestos Exposure Management Program

Asbestos-containing Material

• 10.26.1 (1) If asbestos-containing material is present in a work place and there is the potential for a release of asbestos fibres or employee exposure to asbestos fibres, an employer shall ensure that the qualified person who is carrying out a hazard investigation under section 10.4 takes into consideration the type of asbestos, the condition of the asbestos-containing material, the friability of the asbestos-containing material, the accessibility to and likelihood of damage to the asbestos-containing material and the potential for the release of asbestos fibres and employee exposure to asbestos fibres.

• (2) At the completion of an investigation carried out under section 10.4, the employer shall ensure that a record of the location, friability and condition of the asbestos-containing material and the type of asbestos contained in that material is kept and made readily available for examination by employees and is in any form as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

Asbestos Exposure Control Plan

10.26.2 Before undertaking any work activity that involves asbestos-containing material, an employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, develop, implement and administer an asbestos exposure control plan that requires the employer to

• (a) ensure that a hazard investigation under section 10.4 has been carried out by a qualified person and, in the event that there is a change in the work activity, review any report that was prepared as a result of the investigation and, if necessary, have a qualified person carry out another investigation;

• (b) ensure that a qualified person classifies the work activity as a low-risk activity, moderate-risk activity or high-risk activity;

• (c) ensure that all asbestos-containing material present in the work place that is exposed or that will be disturbed is identified by signs and labels or by any other effective manner;

• (d) ensure that all friable asbestos-containing material present in the work place is controlled by removal, enclosure or encapsulation or by any other effective manner to prevent employee exposure to asbestos;

• (e) ensure that procedures and control measures for moderate-risk activities and high-risk activities are developed and implemented; and

• (f) develop and implement an employee education and training program that is specific to asbestos-containing material.

10.26.3 If an employee who is undertaking automotive service procedures may be exposed to asbestos from friction material or dust arising from that material, an employer shall ensure that

• (a) the use of compressed air, brushes or similar means to dry-remove friction material dust from automotive assemblies is prohibited; and

• (b) signs to advise employees of the hazards and required precautions are posted in service work areas where friction material is handled or dust arising from that material is generated.

Asbestos Dust, Waste and Debris Removal

• 10.26.4 (1) During any work activities that involve friable asbestos-containing materials, an employer shall ensure that the following activities are carried out frequently and at regular intervals as determined by a qualified person, at the end of each work shift and immediately after the work activity is completed:

  • (a) all asbestos dust, waste and debris are removed by vacuuming with a vacuum cleaner that is equipped with a HEPA filter, damp-mopping or wet-sweeping the area that is contaminated with the asbestos dust, waste or debris; and

  • (b) any drop sheets that are contaminated with asbestos dust, waste or debris are wetted.

• (2) All asbestos dust, waste or debris and any drop sheets that are contaminated with asbestos dust, waste or debris shall be placed in a container referred to in section 10.26.11.

10.26.5 If a glove bag is used for the removal of asbestos insulation from pipes, ducts and similar structures, an employer shall ensure that

• (a) the glove bag is sealed to prevent the release of asbestos fibres into the work area;

• (b) the glove bag is inspected for damage or defects immediately before it is attached to the pipe, duct or similar structure and at regular intervals during its use;

• (c) all waste from asbestos-containing material that is on surfaces is washed to the bottom of the glove bag and all exposed asbestos-containing material is encapsulated when it is inside the glove bag;

• (d) the glove bag is evacuated using a vacuum cleaner that is equipped with a HEPA filter to remove the air inside the bag prior to the removal of the glove bag; and

• (e) after the glove bag is removed, all exposed surfaces are cleaned with a damp cloth and a vacuum cleaner that is equipped with a HEPA filter.

Decontamination

• 10.26.6 (1) Before leaving a work area that is contaminated with asbestos-containing material, an employee shall

  • (a) if their protective clothing is to be reused, decontaminate the clothing with a damp cloth or a vacuum cleaner that is equipped with a HEPA filter before taking the clothing off; or

  • (b) if their protective clothing is not to be reused, place the clothing in a container referred to in section 10.26.11.

• (2) An employer shall provide employees with a facility reserved for washing their hands and face, and employees shall wash their hands and face using that facility before leaving a work area that is contaminated with asbestos-containing material.

10.26.7 As soon as feasible after any work activity that involves asbestos-containing material is completed, an employee shall clean reusable tools, equipment, rigid barriers and portable enclosures that are contaminated with asbestos with a damp cloth or a vacuum cleaner that is equipped with a HEPA filter.

Air Sampling

• 10.26.8 (1) An employer shall ensure that a qualified person takes air samples to test for airborne asbestos fibres

  • (a) in the vicinity of the containment system during any work activity that involves asbestos-containing material and, in the case of a work activity that lasts longer than 24 hours, at least daily;

  • (b) in the clean room during removal and clean-up operations and, in the case of removal and clean-up operations that last longer than 24 hours, at least daily; and

  • (c) in contaminated areas that are inside the containment system as necessary during removal and clean-up operations.

• (2) The employer shall ensure that the following air samples are taken:

  • (a) two samples for every area in an enclosure that is 10 m² or less;

  • (b) three samples for every area in an enclosure that is more than 10 m² and not more than 500 m²; and

  • (c) five samples for every area in an enclosure that is more than 500 m².

• (3) Within 24 hours after obtaining the air sampling test results, the employer shall

  • (a) post a copy of the results in a conspicuous place in the work place; and

  • (b) make the results available to the policy committee, if any, the work place committee and the health and safety representative.

Clearance Air Sampling

• 10.26.9 (1) Before dismantling a containment system and after all asbestos dust, waste and debris have been cleaned up, removed or encapsulated, an employer shall ensure that clearance air samples are taken inside the enclosure and that the concentration of airborne asbestos fibres is determined in accordance with Method 7400 set out in the document entitled NIOSH Manual of Analytical Methods, published by the National Institute for Occupational Safety and Health, as amended from time to time, or in accordance with a scientifically proven method used to collect and analyze a representative sample of airborne asbestos fibres.

• (2) When conducting clearance air sampling, the employer shall ensure that forced air is used inside the enclosure to dislodge any asbestos fibres from all surfaces and keep them airborne.

• (3) Clearance air sampling shall be taken until the concentrations of airborne asbestos fibres do not exceed the values referred to in subsection 10.19(1.1).

10.26.10 Within 24 hours after obtaining the clearance air sampling test results, the employer shall

• (a) post a copy of the results in a conspicuous place in the work place; and

• (b) make the results available to the policy committee, if any, the work place committee and the health and safety representative, and provide a copy of the results to the Head of Compliance and Enforcement.

Containers for Asbestos Dust, Waste and Debris

10.26.11 Containers for the containment of asbestos dust, waste and debris and asbestos-containing material shall be

• (a) dust-tight;

• (b) suitable to contain asbestos dust, waste or debris;

• (c) impervious to asbestos;

• (d) identified as containing asbestos dust, waste or debris;

• (e) cleaned with a damp cloth or a vacuum cleaner that is equipped with a HEPA filter immediately before being removed from the work area; and

• (f) removed from the work place frequently and at regular intervals as determined by a qualified person.

Identification

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

• (a) the generic name of the substance; and

• (b) the hazard information in respect of the substance.

10.28 If a safety data sheet in respect of a hazardous substance, other than a hazardous product, that is stored, handled or used in the work place may be obtained from the supplier of the hazardous substance, the employer shall

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

• (b) keep the copy of the safety data sheet readily available for examination by employees in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

DIVISION IIIHazardous Products

Interpretation

10.29 In this Division,

bulk shipment

bulk shipment has the same meaning as in subsection 5.5(1) of the Hazardous Products Regulations; (expédition en vrac)

container

container means any package or receptacle, including a bag, barrel, bottle, box, can, cylinder, drum and storage tank; (contenant)

fugitive emission

fugitive emission means a hazardous product in gas, liquid, solid, vapour, fume, mist, fog or dust form that escapes from processing equipment, from control emission equipment or from a product into the work place; (émission fugitive)

hazardous waste

hazardous waste means a hazardous product that is acquired or generated for recycling or recovery or is intended for disposal; (résidu dangereux)

laboratory sample

laboratory sample has the same meaning as in subsection 5(1) of the Hazardous Products Regulations; (échantillon pour laboratoire)

manufactured article

manufactured article[Repealed, SOR/2016-141, s. 10]

research and development

research and development, in respect of a hazardous product, means systematic investigation or search carried out in a field of science or technology by means of experiment or analysis, other than investigation or search in respect of market research, sales promotion, quality control or routine testing of hazardous products, and includes

• (a) applied research, namely, work undertaken for the advancement of scientific knowledge with a specific practical application in view, and

• (b) development, namely, use of the results of applied research for the purpose of creating new, or improving existing, processes or hazardous products; (recherche et développement)

risk phrase

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

sale

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

significant new data

significant new data has the same meaning as in subsection 5.12(1) of the Hazardous Products Regulations; (nouvelles données importantes)

supplier label

supplier label means a label prepared by a supplier that discloses any information elements required by the Hazardous Products Act; (étiquette du fournisseur)

supplier material safety data sheet

supplier material safety data sheet[Repealed, SOR/2016-141, s. 10]

supplier safety data sheet

supplier safety data sheet means a safety data sheet prepared by a supplier that discloses any information elements required by the Hazardous Products Act; (fiche de données de sécurité du fournisseur)

work place label

work place label means a label prepared by an employer in accordance with this Division; (étiquette du lieu de travail)

work place material safety data sheet

work place material safety data sheet[Repealed, SOR/2016-141, s. 10]

work place safety data sheet

work place safety data sheet means a safety data sheet prepared by an employer in accordance with subsection 10.33(1) or (2). (fiche de données de sécurité du lieu de travail)

Application

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

  • (a) tobacco or a tobacco product as defined in section 2 of the Tobacco and Vaping Products Act;

  • (b) manufactured article as defined in section 2 of the Hazardous Products Act; or

  • (c) wood or a product made of wood.

• (2) This Division, other than section 10.43, does not apply in respect of hazardous waste.

Safety Data Sheets and Labels in Respect of Certain Hazardous Products

• 10.31 (1) Subject to subsection (2) and section 10.42, every employer shall implement the provisions of sections 10.27 and 10.28 in respect of a hazardous product and may, in so doing, replace the generic name of the product with the brand name, chemical name, common name or trade name, if the hazardous product

  • (a) is present in the work place;

  • (b) was received from a supplier; and

  • (c) is one of the following:

    • (i) a hazardous product, other than wood or a product made of wood, that is listed in Schedule 1 to the Hazardous Products Act,

    • (ii) a nuclear substance, as defined in section 2 of the Nuclear Safety and Control Act, that is radioactive.

• (2) An employer may store a hazardous product received from a supplier without having a supplier label on it, without having obtained a safety data sheet for it and without having conducted an employee education and training program with respect to the matters referred to in subparagraphs 10.14(2)(a)(ii) and (c)(ii)

  • (a) while the employer is actively seeking a supplier label and a supplier safety data sheet for the hazardous product; and

  • (b) if labelling affixed to the container of the hazardous product containing information on the hazardous product is not removed, defaced, modified or altered.

Supplier Safety Data Sheets

• 10.32 (1) If a hazardous product, other than a hazardous product referred to in paragraph 10.31(1)(c), is received in the work place by an employer, the employer shall, without delay, obtain a supplier safety data sheet in respect of the hazardous product from the supplier, unless the employer is already in possession of a supplier safety data sheet that

  • (a) is for a hazardous product that both has the same product identifier and is from the same supplier;

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

  • (c) was prepared and dated less than three years before the day on which the hazardous product is received.

• (2) If the supplier safety data sheet in respect of a hazardous product in a work place is three years old or more, the employer shall, if feasible, obtain from the supplier a current supplier safety data sheet.

• (3) If it is not feasible for an employer to obtain a current supplier safety data sheet, the employer shall update the hazard information on the most recent supplier safety data sheet that the employer has received, on the basis of the ingredients disclosed on that supplier safety data sheet and on the basis of any significant new data that becomes available to the employer.

• (4) The employer is exempt from the requirements of subsection (1) if a laboratory sample of a hazardous product is received in the work place from a supplier who is exempted by the Hazardous Products Regulations from the requirement to provide a safety data sheet for that product.

Work Place Safety Data Sheets

• 10.33 (1) Subject to section 10.42, if an employer produces in the work place a hazardous product, other than a fugitive emission or an intermediate product undergoing reaction within a reaction or process vessel, or imports into Canada a hazardous product and brings it into the work place, the employer shall prepare a work place safety data sheet in respect of that hazardous product.

• (2) Subject to section 10.42, if an employer receives a supplier safety data sheet, the employer may prepare a work place safety data sheet to be used in the work place in place of the supplier safety data sheet if

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

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

  • (c) the supplier safety data sheet is readily available for examination by employees in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative; and

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

• (3) An employer shall review the accuracy of the information disclosed on a work place safety data sheet referred to in subsection (1) or (2) and update it as soon as feasible after new hazard information or significant new data becomes available to the employer.

• (4) If the information required to be disclosed on the work place safety data sheet is not available or not applicable to the hazardous product, the employer shall, in place of the information, insert the words “not available” or “not applicable”, as the case may be, in the English version and the words “non disponible” or “sans objet”, as the case may be, in the French version, of the work place safety data sheet.

Availability of Safety Data Sheets

• 10.34 (1) Every employer shall, in any work place in which an employee is likely to handle or be exposed to a hazardous product, keep readily available a copy of the work place safety data sheet or the supplier safety data sheet, as the case may be, in English and in French, for examination by employees and by any policy committee, work place committee or health and safety representative.

• (2) The work place safety data sheet and supplier safety data sheet shall be made available in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

Labels

• 10.35 (1) Subject to sections 10.37 to 10.39, each hazardous product, other than a hazardous product referred to in paragraph 10.31(1)(c), in a work place and each container in which the hazardous product is contained in a work place shall, if the hazardous product or the container is received from a supplier,

  • (a) in the case where the hazardous product is in a bulk shipment, be accompanied by a supplier label;

  • (b) in the case where the employer has undertaken in writing to apply a label to the inner container of the hazardous product, have applied to it a supplier label as soon as feasible after the hazardous product is received from the supplier; and

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

• (2) Subject to sections 10.37 to 10.39 and 10.42, if a hazardous product, other than a hazardous product referred to in paragraph 10.31(1)(c), is received from a supplier and an employer places the hazardous 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 work place label that discloses the following information:

  • (a) the product identifier;

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

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

• (3) Subject to sections 10.41 and 10.42, no person shall remove, deface, modify or alter the supplier label applied to

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

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

• 10.36 (1) Subject to sections 10.37 to 10.39, if an employer produces in the work place a hazardous product, other than a fugitive emission, or imports into Canada a hazardous product and brings it into the work place, and the hazardous product is not in a container, the employer shall disclose the following information on a work place label applied to the hazardous product or on a sign posted in a conspicuous place in the work place:

  • (a) the product identifier;

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

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

• (2) Subject to sections 10.37 and 10.39, where an employer produces a hazardous product in the work place, other than a fugitive emission, or imports into Canada and brings into the work place a hazardous product, and places the hazardous 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 hazardous product that is

  • (a) intended for export, if the information referred to in paragraphs (1)(a) to (c) is disclosed on a sign posted in a conspicuous place in the work place; or

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

Portable Containers

10.37 If an employer stores a hazardous 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 is exempted from the labelling requirements under section 10.35 or 10.36 if

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

• (b) the following conditions apply in respect of the hazardous 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

10.38 An employer shall, in a conspicuous place near a hazardous product, post a sign in respect of the hazardous product that discloses the product identifier if the hazardous product is

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

• (b) in a continuous-run container;

• (c) in 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

• 10.39 (1) If a laboratory sample of a hazardous product is the subject of a labelling exemption under subsection 5(5) of the Hazardous Products Regulations, a label that is provided by the supplier and is affixed to, printed on or attached to the container of the sample received at the work place and that discloses the following information in place of the information required under paragraph 3(1)(d) of those Regulations is considered to comply with the requirements set out in section 10.35 with respect to a supplier label:

  • (a) if known by the supplier, the chemical name or generic chemical name of any material that is in the hazardous product and that is classified under the Hazardous Products Act and the Hazardous Products Regulations as a biohazardous infectious material; and

  • (b) the statement “Hazardous Laboratory Sample. For hazard information or in an emergency, call/Échantillon pour laboratoire de produit dangereux. Pour obtenir des renseignements sur les dangers ou en cas d’urgence, composez”, followed by an emergency telephone number for the purpose of obtaining the information that must be provided on the safety data sheet of a hazardous product.

• (2) If a laboratory sample of a hazardous product is the subject of a labelling exemption under subsection 5(6) of the Hazardous Products Regulations, a label that is provided by the supplier and is affixed to, printed on or attached to the container of the sample received at the work place and that discloses the following information in place of the information required under paragraph 3(1)(c) or (d) of those Regulations is considered to comply with the requirements set out in section 10.35 with respect to a supplier label:

  • (a) if known by the supplier, the chemical name or generic chemical name of any material or substance that is in the hazardous product and that is referred to in subsection 3(2) of Schedule 1 to the Hazardous Products Regulations; and

  • (b) the statement “Hazardous Laboratory Sample. For hazard information or in an emergency, call/Échantillon pour laboratoire de produit dangereux. Pour obtenir des renseignements sur les dangers ou en cas d’urgence, composez”, followed by an emergency telephone number for the purpose of obtaining the information that must be provided on the safety data sheet of a hazardous product.

• (3) If a hazardous product is in a container other than the container in which it was received from a supplier or is produced in the work place, the employer is exempt from the requirements set out in section 10.36 and subparagraph 10.37(b)(iii) if

  • (a) the employer has complied with subsection (4);

  • (b) employee education and training is provided as required by these Regulations; and

  • (c) the hazardous product

    • (i) is a laboratory sample,

    • (ii) is intended by the employer to be used solely for analysis, testing or evaluation in a laboratory, and

    • (iii) is clearly identified through any mode of identification visible to employees at the work place.

• (4) For the purposes of paragraph (3)(a), the employer shall ensure that the mode of identification used and the employee education and training provided enable the employees to readily identify and obtain either the information required on a safety data sheet or the information set out in subsections (1) and (2) with respect to the hazardous product or laboratory sample.

• (5) The employer is exempt from the requirements of section 10.35 if a laboratory sample of a hazardous product is received in a work place from a supplier who is exempted by the Hazardous Products Regulations from the requirement to provide a label for that product.

Signs

10.40 The information disclosed on a sign referred to in subsection 10.36(1), paragraph 10.36(3)(a), section 10.38 or paragraph 10.43(b) shall be of such a size that it is clearly legible to employees.

Replacing Labels

• 10.41 (1) If, in a work place, a label applied to a hazardous product or the container of a hazardous product becomes illegible or is removed from the hazardous 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) the hazard information in respect of the hazardous product; and

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

• (2) An employer shall review the accuracy of the information on a work place label and update it as soon as feasible after new hazard information or significant new data becomes available to the employer.

Exemptions from Disclosure

• 10.42 (1) Subject to subsection (2), if an employer has filed a claim for exemption from the requirement to disclose information on a safety data sheet or on a label under 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) if there is no final disposition of the proceedings in relation to the claim, the date on which the claim for exemption was filed and the registry number assigned to the claim under section 10 of the Hazardous Materials Information Review Regulations; and

  • (b) if the final disposition of the proceedings in relation to the claim is that the claim is valid, a statement that an exemption has been granted and the date on which the exemption was granted.

• (2) If a claim for exemption is in respect of a product identifier, the employer shall, on the safety data sheet or label of the hazardous product, disclose, in place of that product identifier, a code name or code number specified by the employer as the product identifier for that hazardous product.

Hazardous Waste

• 10.43 (1) If a hazardous product in the work place is hazardous waste, the employer shall disclose the generic name and hazard information in respect of the hazardous product 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.

• (2) The employer shall provide education and training to employees regarding the safe storage and handling of hazardous waste that is found in the work place.

Information Required in a Medical Emergency

10.44 For the purposes of subsection 125.2(1) of the Act, a medical professional is a nurse who is registered or licensed under the laws of a province.

Fire and Explosion Prevention

• 10.45 (1) [Repealed, SOR/98-427, s. 9]

• (2) For the purpose of interpreting the standards referred to in sections 10.46 to 10.49,

  • (a) [Repealed, SOR/2000-374, s. 4]

  • (b) dangerous goods means hazardous products used in these Regulations; and

  • (c) in respect of a hazardous product classified under the Hazardous Products Regulations,

    • (i) flammable liquids means flammable liquids used in these Regulations,

    • (ii) combustible liquids means combustible liquids used in these Regulations,

    • (iii) compressed gases means compressed gases used in these Regulations,

    • (iv) reactive substances means reactive flammable materials used in these Regulations,

    • (v) aerosol products means flammable aerosols used in these Regulations,

    • (vi) poisonous and infectious substances means poisonous and infectious materials used in these Regulations,

    • (vii) corrosive substances" means corrosive materials used in these Regulations, and

    • (viii) oxidizing substances means oxidizing materials used in these Regulations.

10.46 Hazardous products shall be stored in accordance with subsections 3.2.7, 3.2.8, 3.2.9 and 3.3.4 of the National Fire Code.

10.47 Flammable aerosols shall be stored in accordance with subsection 3.2.5 of the National Fire Code.

10.48 The provisions of Part 3 of the National Fire Code apply as follows:

• (a) compressed gases shall be stored and handled in accordance with subsections 3.2.8 and 3.3.5;

• (b) reactive flammable materials shall be stored and handled in accordance with subsections 3.2.7 and 3.3.4;

• (c) poisonous and infectious materials shall be stored and handled in accordance with subsections 3.2.7, 3.2.8 and 3.3.4;

• (d) corrosive materials shall be stored and handled in accordance with subsections 3.2.7, 3.2.8 and 3.3.4; and

• (e) oxidizing materials shall be stored and handled in accordance with subsections 3.2.7, 3.2.8 and 3.3.4.

10.49 The provisions of Part 4 of the National Fire Code apply as follows:

• (a) areas used for the storage, handling and use of flammable liquids and combustible liquids shall meet the standards set out in subsection 4.1.5, with the exception of article 4.1.5.6;

• (b) the drainage and disposal of flammable liquids and combustible liquids shall be in accordance with subsection 4.1.6;

• (c) flammable liquids and combustible liquids shall be stored in storage tanks meeting the standards set out in subsection 4.1.8;

• (d) maintenance and operating procedures shall be established to prevent the escape of flammable liquids and combustible liquids, as required by subsection 4.1.6;

• (e) general container storage and handling of flammable liquids and combustible liquids shall be in accordance with subsections 4.2.1 to 4.2.8, with the exception of paragraph 4.2.8.4(d);

• (f) rooms used for container storage of flammable liquids and combustible liquids shall conform with subsection 4.2.9, with the exception of article 4.2.9.3;

• (g) cabinets used for container storage of flammable liquids and combustible liquids shall conform with subsection 4.2.10;

• (h) outdoor container storage of flammable liquids and combustible liquids shall be in accordance with subsection 4.2.11;

• (i) storage tanks for flammable liquids and combustible liquids shall conform with section 4.3, with the exception of paragraph 4.3.13.1(1)(d), articles 4.3.13.5 and 4.3.15.2 and sentences 4.3.16.1(3) and (4);

• (j) piping and transfer systems for flammable liquids and combustible liquids shall conform with section 4.4, with the exception of articles 4.4.6.2, 4.4.11.1 and 4.4.11.2; and

• (k) flammable liquid and combustible liquid installations on piers and wharves shall conform with section 4.7, with the exception of article 4.7.10.2.

PART XIConfined Spaces

Interpretation

11.01 The following definitions apply in this Part.

class of confined spaces

class of confined spaces means a group of at least two confined spaces that are likely, because of their similarity, to present the same hazards to persons entering, exiting or occupying them. (catégorie d’espaces clos)

confined space

confined space means a space that

• (a) is enclosed or partially enclosed;

• (b) is not designed or intended for continuous human occupancy; and

• (c) has a limited or restricted means of entry or exit or an internal configuration that could complicate provision of first aid, evacuation, rescue or other emergency response. (espace clos)

hazardous confined space

hazardous confined space means a confined space that, when entered, occupied or exited by persons, presents hazards likely to cause injury, illness or other adverse health effects to persons entering, exiting or occupying it because of

• (a) its design, construction, location or atmosphere;

• (b) the materials or substances in it; or

• (c) any other conditions relating to it. (espace clos dangereux)

hot work

hot work means any work where a flame is used or a source of ignition may be produced. (travail à chaud)

Confined Space Identification

• 11.02 (1) The employer must, in consultation with the work place committee or health and safety representative,

  • (a) survey the work place in order to determine whether it contains confined spaces that might be entered by persons in order to perform work for the employer;

  • (b) identify each confined space; and

  • (c) appoint a qualified person to determine whether a confined space is a hazardous confined space.

• (2) The employer must ensure that the qualified person provides them with a list of confined spaces including those identified as hazardous confined spaces.

• (3) The employer must ensure that there is a sign or marking at the entrance to each confined space indicating that:

  • (a) it is a confined space or a hazardous confined space; and

  • (b) it must not be entered without the authorization of the employer.

• (4) The employer must keep a record of all confined spaces referred to in subsection (2) and ensure that it is up-to-date and readily accessible to persons before they enter those spaces. The employer may either keep the record in the work place or keep a centralized record of confined spaces in respect of several work places in one work place.

• (5) If it is likely that an employee will enter a confined space that has been determined not to be a hazardous confined space in order to perform work for the employer, the employer must establish procedures with respect to safe entry and exit as well as person-check and emergency response systems to ensure the continued safety of employees.

Hazard Assessment

• 11.03 (1) If it is likely that a person will enter a hazardous confined space in order to perform work for an employer, the employer must appoint one or more qualified persons to

  • (a) carry out an assessment of the hazards to which the person is likely to be exposed in that hazardous confined space or in a hazardous confined space of the class to which it belongs; and

  • (b) specify the tests that are necessary to determine whether the person is likely to be exposed to any of the hazards identified under paragraph (a).

• (2) The employer must ensure that the qualified person or persons record the findings of the assessment in a signed and dated report to the employer that specifies the following:

  • (a) the protection equipment referred to in part XII that is to be used by every person granted access to the hazardous confined space by the employer;

  • (b) any insulated protection equipment and tools referred to in Part VIII that a person may need in the hazardous confined space;

  • (c) the protection equipment and emergency equipment to be used by any person who takes part in the rescue of a person from the hazardous confined space or who responds to other emergency situations in the hazardous confined space;

  • (d) any requirement for a first aid attendant;

  • (e) steps to control or mitigate any hazards; and

  • (f) any situation in which an entry permit system is required.

• (3) The employer must make a copy of the report available to the policy committee, if any, and the work place committee or the health and safety representative.

• (4) Subject to subsection (5), the employer must ensure that the report and the list made under subsections (2) and 11.02(2) respectively are reviewed by a qualified person at least once every three years. However, if there is reason to believe that the conditions inside a confined space have changed with respect to the last hazard assessment, due to changes to the structure, intended use or immediate surrounding area of the space or due to information about the space regarding a potential new hazard, the employer must ensure that the space is reassessed and treated in accordance with the new findings.

• (5) If a confined space has not been entered in the three years preceding the time when the assessment referred to in subsection (2) should have been carried out and no entry is scheduled, the assessment need not be carried out until it becomes likely that a person will enter the confined space in order to perform work for an employer.

Confined Space Procedures

• 11.04 (1) Every employer must — after considering the report made under subsection 11.03(2) in consultation with the policy committee, or, if there is no policy committee, the work place committee or the health and safety representative — establish procedures, with the date when they are established specified in them, that are to be followed by a person entering, exiting or occupying a confined space assessed under subsection 11.03(1).

• (2) The procedures apply based on whether the confined space is listed as a confined space or a hazardous confined space under subsection 11.02(2) and take into account the report made under subsection 11.03(2). The procedures include

  • (a) for each confined space

    • (i) safe entry and exit procedures,

    • (ii) two-way communication and person check systems, and

    • (iii) emergency response measures; and

  • (b) for each hazardous confined space, in addition to the requirements specified in paragraph (a), all risk control measures that would ensure the health and safety of a person in the space and an entry permit system, if required under the report.

• (3) If an entry permit system is required, the employer must ensure that it specifies the length of time that each permit is valid, and require that a record be made of

  • (a) the name of the person entering the confined space; and

  • (b) the date and time of entry, the anticipated date and time of exit and the actual date and time of exit.

Verification Before Entry in and During Occupancy of Hazardous Confined Space

• 11.05 (1) The employer must ensure that no person is granted access to a hazardous confined space unless the employer has first appointed a qualified person to

  • (a) verify, by means of tests and continuous monitoring, that if the atmosphere inside the hazardous confined space could be of concern, compliance with the following requirements can be achieved during the period of time that the person is in the space:

    • (i) the concentration of any chemical agent or combination of chemical agents in the hazardous confined space to which the person is likely to be exposed will not exceed

      • (A) the value referred to in paragraph 10.19(1)(a) for that chemical agent or combination of chemical agents, or

      • (B) the percentage set out in subsection 10.20(1), or in subsection 10.20(2) under the circumstances described in that subsection for that chemical agent or combination of chemical agents,

    • (ii) the concentration of any airborne hazardous substance, other than a chemical agent, that a person may be exposed to in the hazardous confined space is not hazardous to the health or safety of the person, and

    • (iii) the percentage of oxygen in the air in the hazardous confined space is not less than 19.5% by volume and not more than 23% by volume, at normal atmospheric pressure;

  • (b) verify that the following conditions are met, or if that is not feasible, that safety measures have been taken, including the use of engineering controls, to ensure the safety of the person who will be in the hazardous confined space:

    • (i) any liquid in which the person could drown has been removed from the hazardous confined space,

    • (ii) any free-flowing solid in which the person could become entrapped has been removed from the hazardous confined space, and

    • (iii) the hazardous confined space is secured to prevent entry of hazardous materials and contaminants; and

  • (c) verify that

    • (i) all electrical and mechanical equipment that could present a hazard to the person has been disconnected from its power source, real or residual, and has been locked out,

    • (ii) the opening for entry into and exit from the hazardous confined space is sufficient to allow the safe passage of a person using protection equipment, including the protection equipment and emergency equipment to be used by a person who takes part in a rescue of a person, and

    • (iii) subject to subsection 11.06(1), the requirements set out in paragraph (a) can be complied with at all times when a person is in the hazardous confined space.

• (2) The employer must ensure that the qualified person makes certain that any equipment used to test the atmosphere inside a hazardous confined space is used, calibrated and maintained in accordance with the manufacturer’s instructions.

• (3) The employer must ensure that the qualified person sets out the results of verifications carried out in accordance with subsection (1) in a signed and dated report to the employer that specifies the test methods applied, the results of the tests and of the continuous monitoring, the test equipment used and any failure of the test equipment, control devices or systems.

• (4) The employer must

  • (a) if the report made under subsection (3) indicates that a person who has entered the hazardous confined space was in danger, send the report to the policy committee, if any, and to the work place committee or the health and safety representative;

  • (b) in all other cases, make the report available, in paper or electronic format, to the policy committee or, if there is no policy committee, to the work place committee or the health and safety representative.

Emergency Procedures and Equipment

• 11.06 (1) If conditions in a hazardous confined space or the nature of the work to be performed in a hazardous confined space are such that the requirements set out in subsection 11.05(1) cannot be complied with at all times when a person is in the hazardous confined space, the employer must

  • (a) in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, establish emergency procedures to be followed in the event of an accident or other emergency in or near the hazardous confined space that include

    • (i) a plan for reporting the emergency, and

    • (ii) a list of necessary resources, including the required number of persons, to carry out the emergency procedures;

  • (b) specify the date when the emergency procedures are established and provide a plan for the immediate evacuation of the hazardous confined space when

    • (i) an alarm is activated, or

    • (ii) there is any significant change in a concentration or percentage referred to in paragraph 11.05(1)(a) that would adversely affect the health or safety of a person in the hazardous confined space;

  • (c) provide the protection equipment referred to in paragraph 11.03(2)(a) for each employee who is about to enter the hazardous confined space;

  • (d) ensure that a qualified person trained in the emergency procedures established under paragraph (a) and the procedures established under section 11.04 is

    • (i) in attendance outside the hazardous confined space, and

    • (ii) in communication with the person inside the hazardous confined space;

  • (e) in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, provide the qualified person referred to in paragraph (d) with a suitable communication device or alarm for summoning assistance; and

  • (f) ensure that the required number of persons as determined in subparagraph (a)(ii) are available to assist in the event of an emergency and to carry out the emergency procedures.

• (2) The employer must ensure that one of the persons referred to in paragraph (1)(f)

  • (a) is trained in the emergency procedures established under paragraph (1)(a) and receives annual refresher training;

  • (b) has a basic first aid and cardiopulmonary resuscitation (CPR) certificate; and

  • (c) is provided with the protection equipment and emergency equipment referred to in paragraph 11.03(2)(a).

• (3) The employer must ensure that every person granted access to a hazardous confined space has at their disposal the appropriate emergency procedures set out in paragraphs 11.06(1)(a) and (b) and that they follow those procedures.

• (4) The employer must ensure that every person entering, exiting or occupying a hazardous confined space referred to in subsection (1) wears an appropriate safety harness that is securely attached to a lifeline that

  • (a) is attached to a secure anchor outside the hazardous confined space;

  • (b) is monitored by the qualified person referred to in paragraph (1)(d);

  • (c) protects the person from the hazard for which it is provided and does not in itself create a hazard; and

  • (d) is, if feasible, equipped with a mechanical lifting device.

Record of Emergency Procedures and Equipment

• 11.07 (1) If a person is about to enter a hazardous confined space under circumstances such that the requirements set out in paragraph 11.05(1)(a) cannot be complied with, the employer must ensure that the qualified person referred to in paragraph 11.06(1)(d), in a signed and dated report to the employer,

  • (a) specifies the emergency procedures established under paragraphs 11.06(1)(a) and (b) that are to be followed and the protection equipment, insulated protection equipment and tools and the emergency equipment that are to be used; and

  • (b) specifies any additional procedures and any other equipment that may be needed to ensure the health and safety of the person.

• (2) The employer must ensure that the report made under subsection (1) and any emergency procedures specified in it are explained by the qualified person to every employee who is about to enter a hazardous confined space. Every employee who has received the explanation must sign and date a copy of the report to acknowledge that they have read it and that it has been explained to them.

Provision and Use of Equipment

• 11.08 (1) The employer must provide

  • (a) each employee who is granted access to a hazardous confined space with the protection equipment specified under paragraph 11.03(2)(a); and

  • (b) each employee who is to take part in rescue operations with the protection equipment and emergency equipment specified under paragraph 11.03(2)(c).

• (2) The employer must ensure that every employee who enters, exits or occupies a hazardous confined space follows the procedures established pursuant to subsection 11.04(1) and uses the protection equipment specified under paragraphs 11.03(2)(a) and (b).

• (3) The employer must ensure that

  • (a) any person who is granted access to a hazardous confined space has the equipment specified in paragraph 11.03(2)(a), failing which the employer must provide it;

  • (b) any person who is to take part in rescue operations has the protection equipment and emergency equipment set out in paragraph 11.03(2)(c); and

  • (c) any person who enters, exits or occupies a hazardous confined space complies with the procedures established in subsection 11.04(1) and uses the protection equipment specified in paragraphs 11.03(2)(a) and (b).