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

Protective Headwear

• 12.1 (1) Subject to subsection (2), if there is a risk of head injury in a work place, the employer must ensure that protective headwear that meets the requirements set out in CSA Group Standard Z94.1, Industrial protective headwear — Performance, selection, care, and use, or in ANSI Standard Z89.1, American National Standard for Industrial Head Protection, is worn.

• (2) If the employer, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, determines that the protective headwear referred to in subsection (1) does not eliminate or reduce the risk of injury, the employer must ensure that appropriate protective headwear selected by the employer, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, is worn.

Protective Footwear

• 12.11 (1) Subject to subsection (3), if there is a risk of foot injury or electric shock in a work place, the employer must ensure that protective footwear that meets the requirements set out in CSA Group Standard Z195, Protective footwear is worn.

• (2) If the employer, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, determines that the protective footwear referred to in subsection (1) does not eliminate or reduce the risk of injury, the employer must ensure that appropriate protective footwear selected by them, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, is worn.

• (3) If there is a risk of injury due to slipping in a work place, the employer must ensure that slip-resistant footwear is worn.

Eye and Face Protection

• 12.12 (1) If there is a risk of injury to the eyes or face in a work place, the employer must provide every person who is granted access to the work place with eye or face protection equipment that is selected by the employer in accordance with Annex A of CSA Group Standard Z94.3, Eye and face protectors, and that meets the requirements set out in that standard.

• (2) If there is routine exposure to irritating airborne chemical agents, intense heat, liquid splashes, molten metals or similar agents in a work place, contact lenses must not be worn.

Respiratory Protection

• 12.13 (1) If there is a risk of injury or disease due to exposure to an oxygen deficient atmosphere in a work place, the employer must provide every person who is granted access to the work place with respiratory protective equipment by means of which air will be supplied and that meets the following requirements:

  • (a) it is listed in the United States National Institute for Occupational Safety and Health publication entitled Certified Equipment List, as amended from time to time;

  • (b) it meets the requirements set out in CSA Standard Z94.4, Selection, use, and care of respirators; and

  • (c) it protects the respiratory tract against the oxygen deficiency.

• (1.1) [Repealed, SOR/2021-140, s. 1]

• (2) If there is a risk of injury or disease due to exposure to an airborne hazardous substance, other than a CBRN agent, in a work place, the employer must provide every person who is granted access to the work place with respiratory protective equipment that meets the following requirements:

  • (a) if air is supplied by means of the respiratory protective equipment, it is listed in the United States National Institute for Occupational Safety and Health publication entitled Certified Equipment List, as amended from time to time;

  • (b) if air is not supplied by means of the respiratory protective equipment, it is listed

    • (i) in the United States National Institute for Occupational Safety and Health publication entitled Certified Equipment List, as amended from time to time, or

    • (ii) in the CSA Group publication entitled CSA Group Product Listing, as amended from time to time;

  • (c) for respiratory protective equipment referred to in subparagraph (b)(ii), it meets the requirements set out in CSA Standard Z94.4.1, Performance of filtering respirators;

  • (d) it meets the requirements set out in CSA Standard Z94.4, Selection, use, and care of respirators; and

  • (e) it protects the respiratory tract against the hazardous substance.

• (3) If there is a risk of injury or disease due to exposure to CBRN agents in a work place, the employer must provide every person who is granted access to the work place with respiratory protection equipment for protection against those CBRN agents that

  • (a) in the case of a first responder in respect of events that may involve CBRN agents, meets the requirements set out in CSA Standard Z1610, Protection of first responders from chemical, biological, radiological, and nuclear (CBRN) events; and

  • (b) in any other case,

    • (i) is listed in the United States National Institute for Occupational Safety and Health publication entitled Certified Equipment List, as amended from time to time, and meets the requirements set out in CSA Standard Z94.4, Selection, use, and care of respirators, or

    • (ii) meets the requirements set out in CSA Standard Z1610, Protection of first responders from chemical, biological, radiological, and nuclear (CBRN) events.

• (4) The employer must ensure that respiratory protective equipment referred to in subsections (1) and (2) and subparagraph (3)(b)(i) is used and cared for in accordance with CSA Standard Z94.4, Selection, use, and care of respirators.

12.13.1 The employer must ensure that air that is supplied by means of respiratory protective equipment referred to in paragraph (1)(a) or (2)(a), and the system that supplies the air, including its cylinders, meet the requirements set out in CSA Standard Z180.1, Compressed breathing air and systems.

Skin Protection

• 12.14 (1) If there is a risk of injury or disease to or transmitted through the skin in a work place, the employer must provide every person who is granted access to the work place with

  • (a) a shield or screen;

  • (b) a cream or other product to be applied to the skin; or

  • (c) appropriate protective clothing.

• (2) If sunscreen is provided by the employer, the sunscreen must be broad-spectrum and have a minimum sun protection factor of 30.

Protection Against Drowning

• 12.15 (1) If there is a risk of drowning in a work place, the employer must

  • (a) provide every person who is granted access to the work place with

    • (i) a life jacket that meets the requirements set out in the Canadian General Standards Board Standard 65.7, Life Jackets, in its 2007 version, as it existed before its withdrawal in November 2016, published on the Government of Canada website publications.gc.ca,

    • (ii) a personal flotation device or buoyancy aid that has a level 70 performance within the meaning of UL Standard 12402-5, Personal flotation devices — Part 5: Buoyancy aids (level 50) — Safety requirements, when tested in accordance with UL Standard 12402-9, Personal Flotation Devices — Part 9: Test Methods, or

    • (iii) a safety net or a personal fall-protection system;

  • (b) provide emergency equipment and ensure that it is in good operating condition and readily available;

  • (c) ensure that a qualified person is available on site to operate the emergency equipment;

  • (d) if appropriate, provide a power boat and ensure that it is in good operating condition and readily available; and

  • (e) prepare written emergency procedures that contain

    • (i) a full description of the procedures to be followed and the responsibilities of all persons who are granted access to the work place, and

    • (ii) the location of any emergency equipment.

• (2) If the work place is a wharf, dock, pier, quay or similar structure, a ladder that extends at least two rungs below water level must be installed on the face of the structure every 60 m along its length.

Loose Clothing

12.16 If there is a risk of injury in a work place that is due to loose clothing, long hair, jewellery or similar items, the employer must ensure that, if those items are worn, they are tied, covered or otherwise secured in order to eliminate or reduce the risk of injury.

Protection Against Moving Vehicles

12.17 If there is a risk of injury in a work place that is due to moving vehicles, the employer must provide every person who is granted access to the work place with high-visibility safety apparel that meets the requirements set out in CSA Group Standard Z96, High-visibility safety apparel.

Defective Equipment

12.18 If an employee finds a defect in protection equipment that may render it unsafe, they must report the defect to their employer as soon as feasible.

• 12.19 (1) An employer must remove from service any protection equipment that has a defect that may render it unsafe and must mark or tag that equipment to indicate that it is unsafe for use.

• (2) Protection equipment that has a defect that renders it unsafe may only be returned to service if it is restored to good operating condition by a qualified person in accordance with section 12.05.

Instruction and Training

• 12.2 (1) An employer must ensure that every person who is granted access to a work place and who uses protection equipment is provided with instruction by a qualified person in the use of that equipment.

• (2) The employer must ensure that, in addition to the instruction referred to in subsection (1), every employee who uses protection equipment is provided with instruction and training by a qualified person in the operation and maintenance of the equipment and training by a qualified person in its use.

• (3) If a fall-protection plan has been developed for a work place under paragraph 12.06(1)(a), the employer must ensure that every employee is provided with training by a qualified person in respect of the fall-protection plan.

• (4) If there is a risk of drowning in a work place, the employer must ensure that every person who is granted access to the work place is provided with instruction by a qualified person in respect of the written emergency procedures referred to in paragraph 12.15(1)(e).

• (5) The employer must ensure that the instruction and training referred to in subsections (1) to (4) is summarized in writing and must keep a copy of that summary readily available for consultation by every person who is granted access to the work place.

Records

• 12.21 (1) An employer must keep a record of all of the protection equipment that is provided by them other than disposable equipment.

• (2) The record must contain the following information:

  • (a) a description of the equipment and the date of its acquisition by the employer;

  • (b) the date and result of each inspection and test of the equipment;

  • (c) the date and nature of any maintenance work performed on the equipment since its acquisition by the employer; and

  • (d) the name of the person who performed the inspection, test or maintenance of the equipment.

• (3) The record must be kept at the work place where the protection equipment is located and must continue to be kept there for a period of two years beginning on the day on which the equipment is permanently removed from service or, if a standard referred to in this Part requires that records be kept in respect of that equipment for a longer period, for that longer period.

12.3 to 12.9 [Repealed, SOR/2019-243, s. 4]

PART XIIITools and Machinery

Interpretation

13.1 In this Part, explosive actuated fastening tool means a tool that, by means of an explosive force, propels or discharges a fastener for the purpose of impinging it on, affixing it to or causing it to penetrate another object or material. (pistolet de scellement à cartouches explosives)

Design, Construction, Operation and Use of Tools

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

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

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

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

  • (a) are powered by a self-contained battery;

  • (b) have a protective system of double insulation; or

  • (c) are used in a location where reliable grounding cannot be obtained if the tools are supplied from a double insulated portable ground fault circuit interrupter of the class A type that meets the standards set out in CSA Standard C22.2 No. 144-1977, Ground Fault Circuit Interrupters, dated March, 1977.