Maritime Occupational Health and Safety Regulations (SOR/2010-120)

PART 1General

Interpretation

1 The following definitions apply in these Regulations.

Act

Act means Part II of 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, or a recognized institution within the meaning of subsection 1(1) of the Marine Personnel Regulations. (organisme agréé)

confined space

confined space means an enclosed or partially enclosed space that

• (a) is not designed or intended for human occupancy, except for the purpose of performing work;

• (b) has restricted means of access and egress; and

• (c) may become hazardous to any person entering it owing to

  • (i) its design, construction, location or atmosphere,

  • (ii) the materials or substances in it, or

  • (iii) any other conditions relating to it. (espace clos)

crew accommodation

crew accommodation means living, eating, recreational or sleeping quarters provided by an employer for the accommodation of employees on a vessel. (logement de l’équipage)

CSA

CSA means the Canadian Standards Association. (CSA)

day vessel

day vessel means a vessel that is not equipped with accommodation to provide rest for employees. (bâtiment de jour)

disabling injury

disabling injury means an employment injury or an occupational disease that

• (a) prevents an employee from reporting for work or from effectively performing all the duties connected with their regular work on any day after the day on which the injury or disease occurred, whether or not that later day was a work day for that employee;

• (b) results in an employee’s loss of a body member or part of one or in the complete loss of the usefulness of a body member or part of one; or

• (c) results in the permanent impairment of a body function of an employee. (blessure invalidante)

electrical equipment

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

first aid certificate

first aid certificate means the certificate issued by or with the authority of an approved organization for successful completion of a two-day first aid course. (certificat de secourisme)

gross tonnage

gross tonnage means the volume of a vessel as determined by a tonnage measurer or calculated in accordance with the regulations made under paragraph 77(h) of the Canada Shipping Act, 2001. (jauge brute)

ILO

ILO means the International Labour Organization. (OIT)

IMO

IMO means the International Maritime Organization. (OMI)

inland voyage

inland voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux internes)

inland waters of Canada

inland waters of Canada has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (eaux internes du Canada)

international voyage

international voyage means a voyage between a place in Canada and a place not in Canada or between places not in Canada. (voyage international)

isolation

isolation means separation or disconnection from every source of energy that is capable of making equipment dangerous. (isolation)

lock out

lock out means placement of a lock on equipment, machines or energy-isolating devices in accordance with an established procedure, to indicate that the equipment, machines or devices are not to be operated until the lock is removed in accordance with an established procedure. (cadenasser)

marine chemist

marine chemist means a qualified person who

• (a) is a graduate of a post-secondary education institution who

  • (i) has successfully completed courses in chemical engineering,

  • (ii) has successfully completed a general program with a major in chemistry, or

  • (iii) is a member of the Chemical Institute of Canada; and

• (b) has at least three years’ experience in chemical or engineering work, after the person has satisfied the requirements of paragraph (a), of which a minimum of 150 working hours were spent under the supervision of a qualified person in work on board a vessel testing tank reservoirs and other containers in the application of gas hazard control standards. (chimiste de la marine)

MLC 2006

MLC 2006 means the Maritime Labour Convention, 2006. (CTM 2006)

near coastal voyage, Class 1

near coastal voyage, Class 1 has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage à proximité du littoral, classe 1)

NIOSH

NIOSH means the National Institute for Occupational Safety and Health in the United States. (NIOSH)

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)

passenger vessel

passenger vessel[Repealed, SOR/2023-257, s. 400]

personal service room

personal service room means a change room, sanitary facility, shower room, or other area of the crew accommodation or a combination of those areas. (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 their knowledge, training and experience, is qualified to perform that duty safely and properly. (personne qualifiée)

rest

rest means a period during which an employee is not assigned any duty and has access to sleeping quarters and sanitary facilities. (repos)

sanitary facility

sanitary facility means a room that contains a water closet or a urinal. (cabinet de toilette)

SOLAS

SOLAS means the 2004 consolidated edition of the International Convention for Safety of Life at Sea, 1974. (SOLAS)

special purpose vessel

special purpose vessel[Repealed, SOR/2023-257, s. 400]

unlimited voyage

unlimited voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage illimité)

ventilation equipment

ventilation equipment means a fan, blower, induced draft or other ventilation device used to force a supply of fresh, respirable atmospheric air into an enclosed space or to move ambient air from that space. (matérial de ventilation)

vessel

vessel has the same meaning as in section 2 of the Canada Shipping Act, 2001. (bâtiment)

2 For the purpose of interpreting any standard incorporated by reference into these Regulations, the use of “should” is to be read as denoting an obligation.

Application

2.1 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.

3 These Regulations apply to employees employed

• (a) on vessels registered in Canada;

• (b) on uncommissioned vessels of Her Majesty in right of Canada; and

• (c) in the loading or unloading of vessels.

Records

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

• (2) To comply with subsection (1), the employer may use any recording system, including electronic records, if

  • (a) measures are taken to ensure that the records contained in the recording systems are protected, by electronic or other means, against inadvertent loss or destruction and against tampering; and

  • (b) a copy of the records contained in the recording systems can be printed on paper and provided on reasonable notice at the request of the Head of Compliance and Enforcement.

Inconsistent Provisions

5 In the event of an inconsistency between any standard incorporated by reference in these Regulations and any other provision of these Regulations, that other provision must prevail to the extent of the inconsistency.

Incorporation by Reference

6 Any reference to a standard incorporated by reference in these Regulations is a reference to the standard, as amended from time to time.

Health and Safety

• 7 (1) Every employer must

  • (a) arrange that work in a work area is carried out in a manner that does not endanger the health or safety of any person who is engaged or working in that area or in connection with the work; and

  • (b) adopt and carry out appropriate procedures and techniques designed or intended to prevent or reduce the risk of employment injury in the operation or carrying out of the work.

• (2) Crew accommodation must meet the requirements of the related provisions on health and safety protection and accident prevention, with respect to preventing the risk of exposure to hazardous levels of noise and vibration and other ambient factors and chemicals on board vessels, and provide an acceptable occupational and on-board living environment for employees.

• (3) Every employer or owner must ensure that a qualified person

  • (a) is in charge in every work area; and

  • (b) inspects every work area or structure and every item of machinery or equipment to ascertain that safe working conditions are maintained.

• (4) A person must not use any structure, machinery or equipment that has been reassembled after being dismantled, in whole or in part, until it has been examined by a qualified person and found to be in a safe condition.

PART 2Structures

Interpretation

8 The following definitions apply in this Part.

accommodation ladder

accommodation ladder means a means of access to and egress from a vessel that may include platforms on different levels with ladders between the platforms and that

• (a) is suspended by a supporting structure of chains or steel wire ropes from its lowest suspension point;

• (b) is hinged at its top; and

• (c) can be moved so that the lowest platform is accessible from shore. (échelle de coupée)

scaffold

scaffold means a working platform supported from below. (échafaudage)

stage

stage means a working platform supported from above. (plate-forme suspendue)

Application

9 This Part applies to permanent and temporary structures, including means of access, gangways, scaffolds, stages, ladders, guardrails, toe boards and safety nets.

Design and Construction

10 The employer must ensure that the design and construction of every structure on a vessel meets the applicable requirements set out in one or more of the following regulations:

• (a) Vessel Construction and Equipment Regulations;

• (b) Hull Construction Regulations; or

• (c) Small Vessel Regulations.

• (d) [Repealed, SOR/2023-257, s. 401]

Temporary Structure

• 11 (1) An employee must not use a temporary structure on a vessel if it is feasible to use a permanent structure.

• (2) An employee must not use a temporary structure unless

  • (a) they have been trained and instructed in its safe and proper use; and

  • (b) they have their employer’s authority to use it.

• (3) Tools, equipment and materials used on a temporary structure must be arranged or secured in a manner that they cannot be knocked off the structure accidentally.

• (4) A qualified person must make a visual inspection of the temporary structure before each work period in which a temporary structure is used by an employee.

• (5) When a temporary structure is used on a vessel and that structure may be affected by the ingress and egress of the tide, a qualified person must make a visual inspection of the structure at the end of each tide cycle.

• (6) If the inspection reveals a defect or condition that adversely affects the structural integrity or safe use of a temporary structure, a person must not use the structure until the defect or condition is remedied.

Means of Access

• 12 (1) Means of access used to board and disembark from a vessel must provide a safe passage between the vessel and shore or between two vessels, as the case may be.

• (2) Every vessel that is moored alongside a wharf or another vessel must be fitted with at least one means of access between the vessel and the wharf or the other vessel.

• (3) If a means of access leads to a location on board a vessel that is more than 0.35 m above the deck, safe access to the deck must be provided by means of a series of steps, a ladder or other similar structure.

• (4) The series of steps, ladder or similar structure must

  • (a) be firmly secured to the bulwark so as to prevent its shifting, slipping or pivoting;

  • (b) be aligned with the means of access to the vessel;

  • (c) have treads that are at least 600 mm in width and 200 mm in depth, with a non-slip surface; and

  • (d) be equipped with two handhold stanchions that are

    • (i) not less than 40 mm in diameter,

    • (ii) extended not less than 1.2 m above the top of the bulwark, and

    • (iii) fitted at the point of boarding or disembarking the vessel not less than 700 mm and not more than 800 mm apart.

• (5) Every accommodation ladder and gangway must

  • (a) be maintained in a safe condition;

  • (b) be installed in a manner that reduces movement;

  • (c) be rigged and maintained in position to compensate for the movement of the vessel;

  • (d) be lighted in accordance with the Vessel Construction and Equipment Regulations;

  • e) if feasible, be adjusted in such a way that, whatever the state of the tide or the draught of the ship, the accommodation ladder’s angle or the gangway’s angle to the horizontal plane is not more than 40°;

  • (f) be provided with a lifebuoy that has an attached line and is strategically placed and ready for immediate use; and

  • (g) meet the requirements of one of the following standards:

    • (i) ISO Standard 5488:1979, Shipbuilding – Accommodation ladders,

    • (ii) CSA Standard CAN/CSA-S826 SERIES-01 (R2006), Ferry Boarding Facilities,

    • (iii) the applicable standard of a classification society that has been furnished with a certificate by the Minister of Transport under subsection 12(2) of the Canada Shipping Act, 2001, or

    • (iv) if the ladder is part of pilot transfer equipment referred to in Regulation 23 of Chapter V of SOLAS, IMO Resolution A.889(21), Pilot Transfer Arrangements.

• (6) Paragraph 5(g) does not apply to accommodation ladders or gangways constructed prior to the coming into force of these Regulations.

• (7) Every means of access must be thoroughly examined by a qualified person at least once every year by a detailed visual examination supplemented, if necessary, by non-destructive testing, dismantling of components, measurement of corrosion, deformation and wear, evaluation of structural and moving parts under working conditions and any other means, in order to arrive at a reliable conclusion as to the safety of the means of access and to ensure that the following conditions are met:

  • (a) the loose gear used with it is in good working order;

  • (b) the parts that align and swivel under load are free;

  • (c) the mechanical, electrical, gearing, hydraulic and pneumatic systems are in good working order;

  • (d) parts are not affected by corrosion to the extent that they are no longer functional; and

  • (e) no defects or signs of permanent deformation are detected.

• (8) If a means of access is being used by persons to board or disembark from a vessel, at least one end of it must be fastened securely and, if necessary to minimize its movement, an employee, other than an employee engaged in manoeuvring the vessel, must be stationed to assist the persons using it.

• (9) A safety net must be fitted under every part of a ladder, accommodation ladder or gangway, except if

  • (a) the ladder or gangway and the approaches to it are constructed in a manner that makes the fitting of a safety net unnecessary; or

  • (b) the fitting of a safety net is not possible.

• (10) Every safety net referred to in subsection (9) must

  • (a) extend on both sides of the ladder, accommodation ladder or gangway for a distance of 1.8 m;

  • (b) be kept taut at all times;

  • (c) if feasible, protect the entire length of the means of access; and

  • (d) meet the standards referred to in section 17.

• (11) If a platform is provided at the bottom of a means of access, the platform must be flat and horizontal.

Scaffolds

• 13 (1) Unless otherwise permitted by this Part, a scaffold must meet the requirements set out in one or more of the following standards:

  • (a) ANSI/ASSE Standard A10.8-2001, Scaffolding Safety Requirements;

  • (b) ANSI/ALI Standard A14.7-2006, American National Standard for Mobile Ladder Stands and Mobile Ladder Stand Platforms; or

  • (c) CSA Standard CAN/CSA-Z271-98 (R2004), Safety Code for Suspended Elevating Platforms.

• (2) The erection, use, dismantling and removal of a scaffold must be carried out by or under the supervision of a qualified person.

• (3) If a scaffold is erected on an uneven surface, it must be provided with base plates that maintain its stability.

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

• (5) Every scaffold must

  • (a) have a platform that is at least 500 mm wide and securely fastened in place; and

  • (b) have a flat and horizontal working surface.

Stages

• 14 (1) Every stage must

  • (a) have a flat and horizontal working surface capable of supporting any load that is likely to be imposed on it; and

  • (b) be fitted with a means of holding the stage away from the working area.

• (2) The supporting structure and the ropes or tackle supporting a stage must have a safety factor of not less than six.

Ladders

• 15 (1) Commercially manufactured portable ladders must meet the requirements set out in one or more of the following standards:

  • (a) CSA Standard CAN3-Z11-M81 (R2005), Portable Ladders;

  • (b) ANSI/ALI Standard A14.1 -2007, American National Standard for Ladders - Wood - Safety Requirements; or

  • (c) ANSI/ALI Standard A14.2 -2007, American National Standard for Ladders - Portable Metal - Safety Requirements.

• (2) Every portable ladder, while being used, must be

  • (a) placed on a firm footing; and

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

• (3) Every ladder, whether portable or permanently secured, must be positioned in a manner so that it is not necessary for a person to use the underside of the ladder.

• (4) If a ladder provides access from one level to another, the ladder must extend, if feasible, at least three rungs above the higher level or, if it is not feasible, handholds must be provided.

• (5) A metal or wire rope ladder must not be used if there is a hazard that it may come into contact with any live electrical circuit or electrical equipment.

• (6) An employee must not work from any of the three top rungs of any single or extension portable ladder or from either of the two top steps of any step ladder.

• (7) A non-metallic portable ladder must not be painted.

• (8) Every rope ladder must be of sufficient length to reach the intended landing point, unless the distance from the water to the point of access is more than 9 m, in which case a rope ladder is not to be used.

• (9) The means of attaching a rope ladder to a vessel must be securely rigged and maintained in a safe condition.

• (10) A rope ladder must be equipped with flat wooden treads — at regular intervals with treads wider than the width of the ladder — and be installed in a manner that reduces movement of the ladder.

• (11) A rope ladder must not be used to provide access to places on shore except in case of emergency.

• (12) When it is necessary to ensure safety, a person must be stationed at the bottom of a ladder to assist the person using the ladder.

Guardrails and Toe Boards

• 16 (1) A raised structure or a deck opening that has a coaming height of less than 900 mm, from which there is a drop of more than 1.2 m, and to which an employee has access, must have a guardrail.

• (2) Every guardrail must consist of

  • (a) a horizontal top rail or line not less than 900 mm and not more than 1100 mm above the base of the guardrail;

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

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

• (3) Every guardrail must be designed to withstand the greater of

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

  • (b) a static load of not less than 890 N applied in any direction at any point on the top rail or line.

• (4) If there is risk that tools or other objects could fall from a scaffold, a stage or any other raised structure onto a person, the employer must install

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

  • (b) a solid or mesh panel that extends from the floor of the platform or other raised structure to a height of not less than 450 mm, if the tools or other objects are piled to a height that a toe board will not prevent them from falling.

• (5) If the installation of a toe board is not feasible on a scaffold, a stage or any other raised structure, all tools or other objects that could fall on a person must be

  • (a) tied in a manner that will protect any persons beneath, if the tools or other objects fall; or

  • (b) placed in a way that they will be caught by a safety net positioned so as to protect from injury any persons on or below the raised area, if the tools or the other objects fall.

Safety Nets

17 The design, construction and installation of a safety net referred to in subsection 12(9), paragraphs 16(5)(b) and 147(1)(b) must meet the standards set out in ANSI/ASSE Standard A10.11-1989 (R1998), Safety Requirements for Safety Nets.

Housekeeping and Maintenance

• 18 (1) If feasible, the working surface used by an employee must be kept free of grease, oil or any other slippery substance and of any material or object that may create a hazard to an employee.

• (2) Every work area used by an employee must be kept free of accumulations of ice and snow while the area is in use.

PART 3Crew Accommodation

Application

• 19 (1) This Part applies to crew accommodation.

• (2) The following provisions do not apply in respect of a day vessel:

  • (a) sections 20 to 40;

  • (b) sections 42 to 45; and

  • (c) sections 51 to 54.

• (3) [Repealed, SOR/2023-257, s. 403]

• (3.1) [Repealed, SOR/2023-257, s. 403]

• (4) [Repealed, SOR/2023-257, s. 403]

• (5) [Repealed, SOR/2023-257, s. 403]

General

20 [Repealed, SOR/2023-257, s. 404]

21 [Repealed, SOR/2023-257, s. 404]

22 [Repealed, SOR/2023-257, s. 404]

23 [Repealed, SOR/2023-257, s. 404]

• 24 (1) [Repealed, SOR/2023-257, s. 405]

• (2) [Repealed, SOR/2023-257, s. 405]

• (3) The deck covering in every crew accommodation must be kept free of grease, oil or any other slippery substance and any material or object that may create a hazard to an employee.

25 [Repealed, SOR/2023-257, s. 406]

Sleeping Quarters

26 [Repealed, SOR/2023-257, s. 407]

27 [Repealed, SOR/2023-257, s. 407]

28 [Repealed, SOR/2023-257, s. 407]

29 [Repealed, SOR/2023-257, s. 407]

30 [Repealed, SOR/2023-257, s. 407]

31 [Repealed, SOR/2023-257, s. 407]

Berths

32 [Repealed, SOR/2023-257, s. 408]

33 [Repealed, SOR/2023-257, s. 408]

34 [Repealed, SOR/2023-257, s. 408]

35 [Repealed, SOR/2023-257, s. 408]

• 36 (1) [Repealed, SOR/2023-257, s. 409]

• (2) The employer must provide a set of clean bedding to be used on board a vessel during the employee’s service.

• (3) The bedding set must, at a minimum, consist of the following items of appropriate size for the berth:

  • (a) one pillow;

  • (b) one pillow case;

  • (c) two flat bedsheets; and

  • (d) one blanket.

• (4) The employee must return the bedding set on completion of service on board a vessel.

37 [Repealed, SOR/2023-257, s. 410]

38 [Repealed, SOR/2023-257, s. 410]

39 [Repealed, SOR/2023-257, s. 410]

40 [Repealed, SOR/2023-257, s. 410]

Galleys and Dining Areas

• 41 (1) If an employee is required to eat on board a vessel there must be, if feasible, a galley or dining area that is equipped with, at a minimum, the following items:

  • (a) [Repealed, SOR/2023-257, s. 411]

  • (b) a microwave oven;

  • (c) a toaster;

  • (d) a refrigerator or a cooler;

  • (e) dish washing facilities; and

  • f) pots, pans, strainers, dishes and utensils, in sufficient number to accommodate the greatest number of employees that could use them at any one time.

• (2) Every dining area provided by the employer must be

  • (a) [Repealed, SOR/2023-257, s. 411]

  • (b) provided with non-combustible covered receptacles for the disposal of food waste or garbage; and

  • (c) separated from any place where a hazardous substance may contaminate food, dishes or utensils.

Mess Rooms

42 [Repealed, SOR/2023-257, s. 412]

43 [Repealed, SOR/2023-257, s. 412]

44 [Repealed, SOR/2023-257, s. 412]

45 Non-combustible covered receptacles for the disposal of food waste or garbage must be available at all times in mess rooms when employees are on board a vessel.

46 [Repealed, SOR/2023-257, s. 414]

47 [Repealed, SOR/2023-257, s. 414]

48 [Repealed, SOR/2023-257, s. 414]

49 [Repealed, SOR/2023-257, s. 414]

50 [Repealed, SOR/2023-257, s. 414]

51 [Repealed, SOR/2023-257, s. 414]

52 [Repealed, SOR/2023-257, s. 414]

53 [Repealed, SOR/2023-257, s. 414]

Recreational Facilities

54 If an employee is required to live on board a vessel, a recreational facility must be furnished at a minimum with

• (a) a bookcase that contains vocational and other books, the inventory of which must be adequate for the duration of the voyage and changed at reasonable intervals together with a facility for reading and writing;

• (b) a radio capable of receiving broadcast on bands such as AM/FM/SW; and

• (c) a television set equipped with electronic equipment capable of showing films, the inventory of which must be adequate for the duration of the voyage and changed at reasonable intervals.

55 [Repealed, SOR/2023-257, s. 415]

56 [Repealed, SOR/2023-257, s. 415]

57 [Repealed, SOR/2023-257, s. 415]

58 [Repealed, SOR/2023-257, s. 415]

59 [Repealed, SOR/2023-257, s. 415]

PART 4Sanitation

Interpretation

60 In this Part, communicable disease has the same meaning as in section 2 of the Quarantine Act.

General

• 61 (1) Every employer must maintain each personal service room, galley and pantry used by employees in a clean and sanitary condition.

• (2) Each personal service room and galley must be cleaned at least once every day that it is used.

• 62 (1) If a vessel is in operation, an inspection must be made once a week of

  • (a) the supplies of food and water on the vessel;

  • (b) all spaces and equipment used for the storage and handling of food; and

  • (c) the galley and equipment used for the preparation and service of food.

• (2) A record of each inspection, made in accordance with subsection (1), must be kept by the employer on the vessel for a period of three years after the day on which the inspection is made.

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

64 If an interior deck on a vessel is normally wet and employees on the vessel do not use non-slip waterproof footwear, the deck must be covered with a dry false floor or platform or treated with a non-slip product or substance.

65 Each container that is used for solid or liquid waste in a work place must

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

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

• (c) be leak-proof; and

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

• 66 (1) If feasible, each enclosed part of a work place, personal service room, galley or pantry must be constructed, equipped and maintained in a manner that will prevent the entry of vermin.

• (2) If vermin have entered any enclosed part of a work place, personal service room, galley or pantry, the employer must immediately take all steps necessary to eliminate the vermin and prevent their re-entry.

67 A person must not use a personal service room for the purpose of storing equipment or supplies unless a closet fitted with a door is provided in that room for that purpose.

• 68 (1) All reasonable steps must be taken to ensure that personal service rooms are kept mold and mycosis free.

• (2) [Repealed, SOR/2023-257, s. 416]

69 [Repealed, SOR/2023-257, s. 417]

Sanitary Facilities

• 70 (1) In every sanitary facility, the employer must provide

  • (a) toilet paper on a holder or in a dispenser in each toilet compartment;

  • (b) powdered or liquid soap or other sanitizing agent in a dispenser at each wash basin or between adjoining wash basins;

  • (c) sufficient sanitary hand drying facilities to serve the number of employees using the sanitary facility;

  • (d) a non-combustible container for used disposable towels if disposable towels are provided;

  • (e) menstrual products, including clean and hygienic tampons and menstrual pads; and

  • (f) a covered container lined with a bag that is impervious to moisture for the disposal of menstrual products.

• (2) If it is not feasible to provide menstrual products in a sanitary facility, the employer must 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.

Wash Basins

71 In every personal service room that contains a wash basin, the employer must provide

• (a) powdered or liquid soap or other sanitizing 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 if towels are provided.

Showers

• 72 (1) Every shower must be provided with

  • (a) hot and cold water; and

  • (b) soap or other sanitizing agent.

• (2) If duck-boards are used in showers, they must not be made of wood.

Water

• 73 (1) Every employer must ensure that employees are provided with potable water for drinking, personal washing and food preparation.

• (2) The potable water must

  • (a) be in sufficient quantity to meet the purposes set out in subsection (1); and

  • (b) meet the quality guidelines set out in the most recent edition of Guidelines for Canadian Drinking Water Quality, prepared by the Federal-Provincial-Territorial Committee on Drinking Water and published by the Department of Health.

• (3) Potable water for drinking must be available at all times for the use of every employee working on the vessel.

• 74 (1) Every employer must develop a potable water quality management program that sets out the testing procedures and frequency and the measures to be taken to prevent contamination.

• (2) The potable water management program must be made readily available for inspection.

• 75 (1) Every vessel of 300 gross tonnage or more that is not a day vessel must have on board a supply of water that is available for all wash basins, tubs and showers and is sufficient to provide at least 68 l of water for each employee on the vessel for each day that the employee spends on that vessel.

• (2) A day vessel must have on board at least 22.7 l of water for each employee on the vessel for each day that the employee spends on that vessel.

76 If it is necessary to transport water for drinking, personal washing or food preparation, only sanitary portable water containers must be used.

77 If a portable storage container for drinking water is used,

• (a) the container must be securely closed;

• (b) the container must be used only for storing potable water;

• (c) the container must not be stored in a sanitary facility; and

• (d) the water must 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.

78 Any ice that is added to drinking water or used for the contact refrigeration of foodstuffs must be made from potable water, and stored and handled so as to prevent contamination.

79 If drinking water is supplied by a drinking fountain,

• (a) the fountain must meet the standards set out in the Air-Conditioning and Refrigeration Institute (ARI) of the United States ARI 1010-2002, Self-Contained, Mechanically-Refrigerated Drinking-Water Coolers; and

• (b) the fountain must not be installed in a sanitary facility.

Preparation, Handling, Storage and Serving of Food

80 Each food handler must be trained and instructed in food handling practices that prevent the contamination of food.

81 A person who is suffering from a communicable disease must not must work as a food handler.

82 If food is served in a work place, the employer must adopt and implement the most recent edition of the Food Safety Code of Practice, published by the Canadian Restaurant and Foodservices Association.

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

• (2) Foods that require freezing to prevent them from becoming hazardous to health must be maintained at a temperature of –18°C or lower.

84 All equipment and utensils that come into contact with food must be

• (a) designed to be easily cleaned;

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

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

85 No person must eat, prepare or store food in

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

• (b) a personal service room that contains a water closet, urinal, tub or shower; or

• (c) any other place where food may be contaminated.

Garbage

86 Food waste or garbage must not be stored in a galley.

87 Garbage must be held in leak-proof, non-absorptive, easily cleaned containers with tight-fitting covers.

88 Dry food waste and garbage must be removed or incinerated.

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

• (2) Food waste and garbage containers must be cleaned and disinfected in an area separate from the galley each time they are emptied.

PART 5Safe Occupancy of the Work Place

DIVISION 1General

90 [Repealed, SOR/2020-130, s. 49]

Fire Protection Equipment

91 Fire protection equipment must be installed, inspected and maintained on board every vessel.

Emergency Evacuation

92 Emergency evacuation equipment must be installed, inspected and maintained on board every vessel.

Emergency Procedures

• 93 (1) Every employer must prepare emergency procedures, including evacuation procedures.

• (2) Notices that set out the details of the emergency procedures must be posted in conspicuous places that are accessible to every employee in the work place.

Training and Instruction

94 Every employee must be trained and instructed in

• (a) the procedures to be followed by an employee in the event of an emergency; and

• (b) the location, use and operation of fire protection equipment and emergency equipment provided by the employer.

Inspections

• 95 (1) A visual inspection of every vessel must be carried out by a qualified person at least once every six months and must include an inspection of all fire escapes, exits and stairways and fire protection equipment on board the vessel in order to ensure that they are in serviceable condition and ready for use at all times.

• (2) A record of each inspection must be dated and signed by the person who carried out the inspection and kept by the employer on board the vessel for a period of two years after the day on which it is signed.

96 [Repealed, SOR/2020-130, s. 50]

97 [Repealed, SOR/2020-130, s. 50]

98 [Repealed, SOR/2020-130, s. 50]

99 [Repealed, SOR/2020-130, s. 50]

100 [Repealed, SOR/2020-130, s. 50]

101 [Repealed, SOR/2020-130, s. 50]

102 [Repealed, SOR/2020-130, s. 50]

103 [Repealed, SOR/2020-130, s. 50]

104 [Repealed, SOR/2020-130, s. 50]

PART 6Medical Care

Interpretation

105 The following definitions apply in this Part.

detached work place

detached work place means a work place away from a vessel where employees normally employed on the vessel are engaged in work related to the operation of the vessel for extended periods of time. (lieu de travail isolé)

first aid room

first aid room means a room used exclusively for first aid or medical purposes. (salle de premiers soins)

health unit

health unit means a consultation and treatment facility that is in the charge of a person who is a registered nurse under the laws of any province. (service de santé)

medical facility

medical facility means a medical clinic or the office of a physician. (installation médicale)

medicine chest

medicine chest means a container in which an assortment of medicines is stored. (pharmacie de bord)

General

106 [Repealed, SOR/2021-122, s. 34]

• 107 (1) A vessel must carry a complete and up-to-date list of radio stations from which medical advice can be obtained.

• (2) If a vessel is equipped with a system of satellite communication, it must carry a complete and up-to-date list of coast earth stations from which medical advice can be obtained.

108 Employees with responsibility for medical care or first aid must be instructed by the employer in the use of the ship’s medical guide and in the medical section of the most recent edition of the International Code of Signals so that they can understand the type of information needed by the advising doctor and the advice received.

109 Every employer must

• (a) establish written instructions that provide for the prompt rendering of first aid to an employee for any injury, disabling injury or illness;

• (b) make a copy of the instructions readily available for examination by employees; and

• (c) if a cargo that is classified dangerous, within the meaning of the Transportation of Dangerous Goods Act, 1992, has not been included in the most recent edition of the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods published by the IMO, ILO and World Health Organization, make readily available to employees the necessary information on the nature of the substances in the cargo, the risks involved, the necessary personal protection equipment required, the relevant medical procedures and specific antidotes.

110 If an employee sustains an injury or becomes aware that they have a disabling injury or illness, the employee must, if feasible, report immediately for first aid to a person who holds a first aid certificate.

• 111 (1) The employer must ensure that on board every vessel

  • (a) there is at least one person who holds a first aid certificate and who can immediately render first aid to employees who are injured or ill; and

  • (b) for every work place at which employees are working on live electrical equipment, there is at least one employee who has, in the 12 months before the performance of the work on the electrical equipment, successfully completed a course in cardiopulmonary resuscitation given by an approved organization.

• (2) Subsection (1) does not apply to shore-based employees for whom a first aid room, a health unit or a medical facility is provided on shore.

112 Emergency medical and dental care while employees are on board a vessel or landed in a foreign port must be provided free of charge.

Medical Care Ashore

113 Measures must be taken to ensure that employees have access, when in port, to

• (a) outpatient treatment for injury and illness;

• (b) hospitalization when necessary; and

• (c) dental treatment.

First Aid Kit, Medicine Chest, Medical Equipment and Medical Guide

• 114 (1) The employer must provide and maintain for a work place set out in column 1 of Table 1 to this section the type of first aid kit set out in column 2 and a medical guide.

• (2) The first aid kit and its contents, as well as the medical equipment and medical guide carried on board a vessel, must be properly maintained and inspected at regular intervals of not more than 12 months, by a qualified person to ensure that supplies and equipment are properly stored and labelled with directions for their use and their expiry date, that all equipment functions as required and that all supplies have not reached or exceeded their expiry dates and are not set to expire before to the next scheduled inspection date.

• (3) Every first aid kit must be

  • (a) accessible when an employee is on board the vessel; and

  • (b) clearly identified by a conspicuous sign.

• (4) A first aid kit must contain the supplies and equipment set out in column 1 of Table 2 to this section in the applicable quantities set out in column 2.

  	Column 1	Column 2
  Item	Work Place	Type of First Aid Kit
  1	On a vessel with
  	(a) 1 to 5 employees	A
  	(b) 6 to 19 employees	B
  	(c) 20 to 49 employees	C
  	(d) more than 50 employees	D
  2	At a detached work place	E

  	Column 1	Column 2
  		Type of First Aid Kit
  		A	B	C	D	E
  Item	Supplies and Equipment	Quantity per Type of First Aid Kit
  1	Antiseptic-wound solution, 60 mL or antiseptic swabs (10-pack)	1	2	3	6	1
  2	Applicator-disposable (10-pack) [not needed if antiseptic swabs used]	1	2	4	8	–
  3	Bag-disposable, waterproof, emesis	1	2	2	4	–
  4	Bandage-adhesive strips	12	100	200	400	6
  5	Gauze, Roll 2.5 cm × 10 m	2	6	8	12	–
  6	Bandage-triangular-100 cm folded and 2 pins	2	4	6	8	1
  7	Container-First Aid Kit	1	1	1	1	1
  8	Dressing-compress, sterile 7.5 cm × 12 cm approximately	2	4	8	12	–
  9	Dressing-gauze, sterile 10.4 cm × 10.4 cm approximately	4	8	12	18	2
  10	Forceps-splinter	1	1	1	1	–
  11	Manual-First Aid, English — current edition	1	1	1	1	–
  12	Manual-First Aid, French –– current edition	1	1	1	1	–
  13	Pad with shield or tape for eye	1	1	2	4	1
  14	Record-First Aid (section 119)	1	1	1	1	1
  15	Scissors — 10 cm	1	1	1	1	1
  16	Tape-adhesive, surgical 1.2 cm × 4.6 m (not needed if ties attached to dressings)	1	1	2	3	–
  17	Penlight	–	–	1	1	–
  18	Antipruritic lotion 30 ml or swabs (10 packs)	1	1	1	2	–
  19	Bandage-elastic 7.5 cm × 5 m	–	–	1	2	–
  20	Blanket-emergency, pocket size	–	–	–	–	1
  21	Dressing-burn, sterile, 10 cm × 10 cm	1	1	2	2	–
  22	Dressing-burn, sterile, 20 cm × 20 cm	–	–	1	1	–
  23	Hand cleanser or cleaning towelettes, 1 pack	1	1	1	1	–
  24	Malleable splint set with padding	–	1	1	1	–
  25	Stretcher	–	–	1	1	–
  26	Gloves, disposable examination non-latex (pr)	5	10	20	30	5
  27	Mask, barrier device for mouth to mouth resuscitation	1	1	2	3	1
  28	Tongue depressor, disposable	5	5	10	10	–

• 115 (1) Every vessel that is engaged on an unlimited voyage, a near coastal voyage, Class 1 or an international voyage of more than three days’ duration, other than an inland voyage, must carry a medicine chest, medical equipment and the most recent edition of the International Medical Guide for Ships, published by the World Health Organization.

• (2) The medicine chest and its contents, as well as the medical equipment and the International Medical Guide for Ships must be properly maintained and inspected at regular intervals of not more than 12 months by a qualified person to ensure that supplies and medicines are properly stored and labelled with directions for their use and their expiry date, that all equipment functions as required and that all supplies and medicines have not reached or exceeded their expiry dates and are not set to expire before the next scheduled inspection date.

• (3) Every medicine chest must be

  • (a) accessible when an employee is on board the vessel; and

  • (b) clearly identified by a conspicuous sign.

• (4) The employer must provide and maintain a medicine chest with supplies and medicine in accordance with the recommendations of the most recent version of the International Medical Guide for Ships, taking into consideration the particulars of the intended voyage.

116 If a hazard of skin or eye injury from a hazardous substance exists in a work place, shower facilities to wash the skin and eye wash facilities to irrigate the eyes must be provided for immediate use by employees or, if it is not feasible to do so, portable equipment must be provided.

Transportation

117 Before assigning employees to a detached work place, the employer must provide them with the following for that work place:

• (a) suitable means of transporting an injured employee to the vessel, a medical facility or a hospital;

• (b) a person who holds a first aid certificate to accompany an injured employee and to render first aid in transit if required; and

• (c) a means of communication between the detached work place and the vessel.

Posting of Information

• 118 (1) Subject to subsection (2), an employer must post and keep posted in a conspicuous place accessible to every employee on board a vessel

  • (a) a description of the first aid to be rendered for any injury, disabling injury or illness; and

  • (b) information regarding the location of medicine chests.

• (2) At a detached work place, the information referred to in subsection (1) must be kept inside the first aid kit referred to in section 114.

Records

• 119 (1) If an injured or ill employee reports for first aid to a person in accordance with section 110 or if a person who holds a first aid certificate renders first aid to an employee, the person must

  • (a) enter in a first aid record the following information:

    • (i) the date and time of the reporting of the injury, disabling injury or illness,

    • (ii) the full name of the injured or ill employee,

    • (iii) the date, time and location of the occurrence of the injury, disabling injury or illness,

    • (iv) a brief description of the injury, disabling injury or illness,

    • (v) a brief description of the first aid rendered, if any, and

    • (vi) a brief description of arrangements made for the treatment or transportation of the injured or ill employee; and

  • (b) sign the first aid record beneath the information entered in accordance with paragraph (a).

• (2) The employer must keep a first aid record for a period of two years after the day on which information is entered in it.

PART 7Hazard Prevention Program

Development

120 The employer must, in consultation with and with the participation of the policy committee, or, if there is no policy committee, the work place committee or the health and safety representative, develop, implement and monitor a program for the prevention of hazards, including ergonomics-related hazards, in the work place that is appropriate to the size of the work place and the nature of the hazards and that includes the following components:

• (a) an implementation plan;

• (b) a hazard identification and assessment methodology;

• (c) hazard identification and assessment;

• (d) preventive measures;

• (e) employee training; and

• (f) a program evaluation.

Implementation Plan

• 121 (1) The employer must

  • (a) develop an implementation plan that specifies the time frame for each phase of the development and implementation of the prevention program;

  • (b) monitor the progress of the implementation of the preventive measures; and

  • (c) review the time frame of the implementation plan regularly and, if necessary, revise it.

• (2) In implementing the prevention program, the employer must ensure, if feasible, that ergonomics-related hazards are identified and assessed and that they are eliminated or reduced, as required by subsection 124(1), and that any person assigned to identify and assess ergonomics-related hazards has the necessary instructions and training.

Hazard Identification and Assessment Methodology

• 122 (1) The employer must develop a hazard identification and assessment methodology, including an identification and assessment methodology for ergonomics-related hazards, taking into account the following documents and information:

  • (a) any hazardous occurrence investigation reports;

  • (b) first aid records and minor injury records;

  • (c) work place health protection programs;

  • (d) results of any work place inspections;

  • (e) any employee reports made under paragraph 126(1)(g) or (h) of the Act or under section 275;

  • (f) any government or employer reports, studies and tests concerning the health and safety of employees;

  • (g) any reports made under the Safety and Health Committees and Representatives Regulations;

  • (h) the record of hazardous substances; and

  • (i) any other relevant information, including ergonomics-related information.

• (2) The hazard identification and assessment methodology must include

  • (a) the steps and time frame for identifying and assessing the hazards;

  • (b) the keeping of a record of the hazards; and

  • (c) a time frame for reviewing and, if necessary, revising the methodology.

Hazard Identification and Assessment

• 123 (1) The employer must identify and assess the hazards in the work place, including ergonomics-related hazards, in accordance with the methodology developed under section 122 and taking into account

  • (a) the nature of the hazard;

  • (b) in the case of ergonomics-related hazards, all ergonomics-related factors, such as

    • (i) the physical demands of the work activities, the work environment, the work procedures, the organization of the work and the circumstances in which the work activities are performed, and

    • (ii) the characteristics of materials, goods, persons, animals, things and workspaces and the features of tools and equipment;

  • (c) the employees’ level of exposure to the hazard;

  • (d) the frequency and duration of the employees’ exposure to the hazard;

  • (e) the effects, real or apprehended, of the exposure on the health and safety of the employee;

  • (f) the preventive measures in place to address the hazard;

  • (g) any employee reports made under paragraphs 126(1)(g) or (h) of the Act or under section 275; and

  • (h) any other relevant information.

• (2) The employer must assess a cargo hold in accordance with subsection (1) to determine if it is a confined space and each time there is a change in conditions that may create a hazard.

Preventive Measures

• 124 (1) The employer must, in order to address identified and assessed hazards, including ergonomics-related hazards, take preventive measures to address the assessed hazard in the following order of priority:

  • (a) the elimination of the hazard, including by way of engineering controls which may involve mechanical aids, equipment design or redesign that take into account the physical attributes of the employee;

  • (b) the reduction of the hazard, including isolating it;

  • (c) the provision of personal protection equipment, clothing, devices or materials; and

  • (d) administrative procedures respecting, among other things, work permits issued under Part 13, the management of hazard exposure and recovery periods and the management of work patterns and methods.

• (2) As part of the preventive measures, the employer must develop and implement a preventive maintenance program in order to avoid failures that could result in a hazard to employees.

• (3) The employer must ensure that any preventive measure must not in itself create a hazard and must take into account the effects on the work place.

• (4) The preventive measures must include steps to address

  • (a) newly identified hazards in an expeditious manner; and

  • (b) ergonomics-related hazards that are identified when planning implementation of change to the work environment or to work duties, equipment, practices or processes.

Employee Training

• 125 (1) The employer must provide each employee with health and safety training, including training relating to ergonomics, which must include the following:

  • (a) the hazard prevention program implemented in accordance with this Part to prevent hazards applicable to the employee, including the hazard identification and assessment methodology and the preventive measures taken by the employer;

  • (b) the nature of the work place and the hazards associated with it;

  • (c) the employee’s duty to report under paragraphs 126(1)(g) and (h) of the Act and under section 275; and

  • (d) an overview of the Act and these Regulations.

• (2) The employer must provide an employee with training

  • (a) when new information in respect of a hazard in the work place becomes available to the employer; and

  • (b) before the employee is assigned a new activity or exposed to a new hazard.

• (3) The employer must review the employee training program and, if necessary, revise it

  • (a) at least once every three years;

  • (b) when there is a change in conditions in respect of a hazard; and

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

• (4) Each time an employee is provided with training, the employee must acknowledge in writing that they received it and the employer must acknowledge in writing that they provided it.

• (5) The employer must keep, in paper or electronic form, records of the training that each employee is provided with for a period of two years after the day on which the employee ceases to be exposed to a hazard.

Program Evaluation

• 126 (1) The employer must evaluate the effectiveness of the hazard prevention program, including its ergonomics-related components, and, if necessary, revise it

  • (a) at least once every three years;

  • (b) when there is a change in conditions in respect of a hazard; and

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

• (2) The evaluation of the effectiveness of the prevention program must be based on the following documents and information:

  • (a) conditions related to the work place and the activities of the employees;

  • (b) any work place inspection reports;

  • (c) any hazardous occurrence investigation reports;

  • (d) any safety audits;

  • (e) first aid records and any injury statistics, including records and statistics relating to ergonomics-related first aid and injuries;

  • (f) any observations of the policy and work place committees, or the health and safety representative, on the effectiveness of the prevention program; and

  • (g) any other relevant information.

Reports and Records

• 127 (1) If a program evaluation has been conducted under section 126, the employer must prepare a program evaluation report.

• (2) The employer must keep every program evaluation report for a period of six years after the day on which the report is prepared and make it readily available for examination for that period.

PART 8Diving Operations

128 The employer must ensure that all diving operations from a vessel meet the same requirements as those set out in Part XVIII of the Canada Occupational Health and Safety Regulations.

PART 9Persons Transfer Apparatus

Interpretation

129 The following definitions apply in this Part.

boatswain’s chair

boatswain’s chair means a single-point adjustable suspension scaffold consisting of a seat or sling designed to accommodate one employee in a sitting position. (chaise de gabier)

persons transfer apparatus

persons transfer apparatus includes a platform, bucket, landing boom or basket or boatswain’s chair designed specifically for the purpose of transporting, lifting, moving and positioning persons. (appareil de transbordement de personnes)

Application

130 This Part applies to every persons transfer apparatus used for the purpose of carrying persons on board a vessel, and every safety device attached to that apparatus.

Standards

• 131 (1) Every persons transfer apparatus and every safety device attached to it must

  • (a) if feasible, meet the standards set out in the applicable standard referred to in subsection (2); and

  • (b) be used, operated and maintained in accordance with the standards set out in the applicable standard referred to in subsection (2).

• (2) For the purposes of subsection (1), the applicable standard for

  • (a) elevators, dumbwaiters and escalators is ASME A17.1-2007/CSA B44-07, Safety Code for Elevators and Escalators, and CSA Standard CAN/CSA-B44.1/ASME-A17.5-04, Elevator and Escalator Electrical Equipment;

  • (b) manlifts is CSA Standard CAN/CSA-B311-02, Safety Code for Manlifts;

  • (c) personnel hoists is CSA Standard CAN/CSA-Z185-M87 (R2006), Safety Code for Personnel Hoists;

  • (d) lifts for persons with physical disabilities is CSA Standard CAN/CSA B355-00 (R2005), Lifts for Persons with Physical Disabilities;

  • (e) descent control devices is CSA Standard Z259.3-99 (R2004), Descent Control Devices; and

  • (f) landing booms is the most recent edition of The Seaway Handbook, issued by St. Lawrence Seaway Management Corporation.

Use and Operation

• 132 (1) A persons transfer apparatus on a vessel must not be used or operated in the following circumstances:

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

  • (b) when the roll of the vessel is more than the maximum roll for the safe operation of the persons transfer apparatus recommended by the manufacturer.

• (2) A persons transfer apparatus must not be used or operated while any safety device attached to it is inoperative.

• (3) A safety device attached to a persons transfer apparatus must not be altered, interfered with or rendered inoperative.

• (4) Subsections (2) and (3) do not apply in respect of a persons transfer apparatus or a safety device that is being inspected, tested, repaired or maintained by a qualified person.

• 133 (1) A persons transfer apparatus must not be used to transfer freight unless the apparatus is specifically designed for freight and people or if there is an emergency.

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

• (3) If a person is transferred by means of a persons transfer apparatus from one place to another on the vessel or from the vessel to another place off a vessel or vice versa,

  • (a) the person in charge of the transfer operation must be in direct radio contact with the operator of the apparatus; and

  • (b) the person to be transferred must

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

    • (ii) wear a flotation suit if the conditions warrant, and

    • (iii) must use a life jacket or a personal flotation device unless, if for medical or emergency reasons, it is not feasible to wear one.

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

• (5) For the purposes of subsection (4), basket, drilling unit, offshore and production facility have the same meaning as in section 1.1 of the Oil and Gas Occupational Safety and Health Regulations.

Boatswain’s Chair

• 134 (1) A boatswain’s chair must provide stable and adequate support for the user.

• (2) A boatswain’s chair must be suspended from a parapet clamp, cornice hook, thrust-out beam or other solid anchorage having a working load limit that is at least equivalent to that of the suspension system for the boatswain’s chair.

135 A boatswain’s chair must only be used when visibility and weather conditions permit its safe use.

Inspection and Testing

• 136 (1) Every persons transfer apparatus must be inspected and found to be in serviceable condition before each use and all ropes, wires or other vital parts that show signs of significant wear must be replaced before the apparatus is used.

• (2) Every persons transfer apparatus and every safety device attached to it must be inspected and tested by a qualified person to ascertain that the requirements referred to in section 131 are met

  • (a) before the persons transfer apparatus and any safety device attached to it are operated;

  • (b) after an alteration to the persons transfer apparatus or any safety device attached to it; and

  • (c) once every 12 months.

• (3) A record of each inspection and test made in accordance with subsection (2) must

  • (a) be made and signed by the qualified person who made the inspection and performed the test;

  • (b) include the date of the inspection and test and the identification and location of the persons transfer apparatus and any safety devices that were inspected and tested;

  • (c) set out the observations of the qualified person on the safety of the apparatus and any safety device;

  • (d) be kept by the employer on the vessel on which the persons transfer apparatus is located for a period of two years after the day on which the inspection is signed; and

  • (e) be made readily available for examination by the operator of the apparatus.

Repair and Maintenance

137 Repair and maintenance of a persons transfer apparatus or a safety device attached to it must be performed by a qualified person appointed by the employer.

PART 10Protection Equipment

General

• 138 (1) The employer must ensure that every person granted access to a work place who is exposed to a health or safety hazard uses the protection equipment prescribed by this Part

  • (a) if it is not feasible to eliminate a health or safety hazard in a work place or to control it within safe limits; and

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

• (2) All protection equipment must

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

  • (b) not in itself create a hazard;

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

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

Protective Headwear

139 If there is a hazard of head injury in a work place, the employer must provide protective headwear that meets the standards set out in CSA Standard CAN/CSA-Z94.1-05, Industrial Protective Headwear - Performance, Selection, Care, and Use.

Protective Footwear

• 140 (1) If there is a hazard of a foot injury or electric shock through footwear in a work place, the employer must ensure that every person granted access to that work place uses protective footwear that meets the standards set out in CSA Standard CAN/CSA-Z195-02 (R2008), Protective Footwear.

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

Eye and Face Protection

141 If there is a hazard of injury in a work place to the eyes, face, ears or front of the neck, the employer must provide eye or face protectors that meet the standards set out in CSA Standard Z94.3-07, Eye and Face Protectors.

Respiratory Protection

• 142 (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 or a breathing apparatus by means of which air will be supplied and that meets the following requirements:

  • (a) it is listed in the NIOSH publication entitled Certified Equipment List, as amended from time to time; and

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

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

  • (a) if air is supplied by means of the respiratory protective equipment or breathing apparatus, it is listed in the NIOSH publication entitled Certified Equipment List, as amended from time to time;

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

    • (i) in the NIOSH 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 or a breathing apparatus referred to in subparagraph (b)(ii), it meets the requirements set out in CSA Standard Z94.4.1, Performance of filtering respirators; and

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

• (3) The respiratory protective equipment or breathing apparatus referred to in subsection (1) or (2) must be selected, fitted, cared for, used and maintained in accordance with CSA Standard Z94.4, Selection, use, and care of respirators.

• (4) The employer must ensure that the air that is supplied by means of respiratory protective equipment or breathing apparatus 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.

142.1 If a steel or aluminum self-contained breathing apparatus cylinder has a dent deeper than 1.5 mm and less than 50 mm in major diameter or shows evidence of deep isolated pitting, cracks or splits, the cylinder must be removed from service until it has been shown to be safe for use by means of a hydrostatic test at a pressure equal to one and one-half times the maximum allowable working pressure.

Skin Protection

143 If there is a hazard of injury or disease to or through the skin of a person in a work place, the employer must provide any person granted access to the work place with

• (a) a shield or a screen;

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

• (c) an appropriate body covering.

Fall-protection Systems

• 144 (1) The employer must provide a fall-protection system to every person, other than an employee who is installing or removing a fall-protection system, who is granted access to

  • (a) an unguarded work area that is

    • (i) more than 2.4 m above the nearest permanent safe level,

    • (ii) above any moving parts of machinery or any other surface or thing that could cause injury to a person on contact, or

    • (iii) above an open hold;

  • (b) a structure referred to in Part 2 that is more than 3 m above a permanent safe level; or

  • (c) a ladder at a height of more than 2.4 m above the nearest permanent safe level and because of the nature of the work, that person can use only one hand to hold onto the ladder.

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

  • (a) CSA Standard Z259.1-05, Body Belts and Saddles for Work Positioning and Travel Restraint;

  • (b) CSA Standard CAN/CSA-Z259.2.1-98 (R2008), Fall Arresters, Vertical Lifelines and Rails;

  • (c) CSA Standard CAN/CSA-Z259.2.2-98 (R2009), Self-Retracting Devices for Personal Fall-Arrest Systems;

  • (d) CSA Standard Z259.2.3-99 (R2004), Descent Control Devices;

  • (e) CSA Standard Z259.10-06, Full Body Harnesses;

  • (f) CSA Standard Z259.11-05, Energy Absorbers and Lanyards;

  • (g) CSA Standard CAN/CSA-Z259.12-01 (R2006), Connecting Components for Personal Fall Arrest Systems (PFAS);

  • (h) CSA Standard Z259.13-04 (R2009), Flexible Horizontal Lifeline Systems; and

  • (i) CSA Standard Z259.16-04 (R2009), Design of Active Fall-Protection Systems.

• (3) The anchor of a fall-protection system must be capable of withstanding a force of 17.8 kN.

• (4) A fall-protection system that is used to arrest the fall of a person must prevent that person

  • (a) from being subjected to a peak fall arrest force of more than 8 kN; and

  • (b) from falling freely for more than 1.2 m.

• (5) An employer must train and instruct every employee required to install or remove a fall-protection system in a work place in the procedures to be followed for the installation or removal of the system.

Loose Clothing

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

Protection Against Moving Vehicles

146 If persons granted access to a work place are regularly exposed to the risk of coming into contact with moving vehicles during their work, the employer must ensure that they wear a high-visibility vest or other similar clothing that is readily visible under all conditions of use or that they are protected by a barricade that is readily visible under all conditions of use.

Protection Against Drowning

• 147 (1) If, in a work place, there is a hazard of drowning, as a result of work activities, other than vessel abandonment drills, the employer must provide every person granted access to the work place with

  • (a) a life jacket or other flotation device that meets the buoyancy standards set out in

    • (i) the Canadian General Standards Board (CGSB) Standard CAN/CGSB-65.7-2007, Life Jackets; or

    • (ii) Regulation 2 of Part 1 to IMO Resolution MSC.81(70), adopted on December 11, 1998 and entitled Revised Recommendation on Testing of Life-Saving Appliances; or

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

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

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

  • (b) a qualified person to operate all the emergency equipment provided must be present and ready to intervene;

  • (c) if appropriate, a vessel must be provided and held in readiness; and

  • (d) written emergency procedures must be prepared by the employer.

Records

• 148 (1) A record of all self-contained breathing apparatus provided by the employer must be kept by the employer on the vessel on which the breathing apparatus is located for the duration of its use and must remain on the vessel on which the breathing apparatus was located for a period of two years after the day on which the apparatus ceases to be used.

• (2) The record must contain

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

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

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

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

Training and Instruction

• 149 (1) An employer must instruct every person granted access to a work place who is to use protection equipment in the use of the equipment.

• (2) An employer must train and instruct every employee who uses protection equipment in the use, operation and maintenance of the equipment.

• (3) The instruction referred to in subsections (1) and (2) must be

  • (a) set out in writing; and

  • (b) kept by the employer and made readily available for examination by every person granted access to the work place.

Defective Protection Equipment

• 150 (1) If an employee finds any defect in protection equipment that may render it unsafe for use, they must report the defect to their employer as soon as feasible.

• (2) An employer must mark or tag as unsafe and remove from service any protection equipment used by employees that has a defect that may render it unsafe for use.

PART 11 [Repealed, SOR/2023-257, s. 418]

151 [Repealed, SOR/2023-257, s. 418]

152 [Repealed, SOR/2023-257, s. 418]

153 [Repealed, SOR/2023-257, s. 418]

154 [Repealed, SOR/2023-257, s. 418]

155 [Repealed, SOR/2023-257, s. 418]

156 [Repealed, SOR/2023-257, s. 418]

157 [Repealed, SOR/2023-257, s. 418]

PART 12Prevention of Noise and Vibration

Application

158 Subsection 161(5) does not apply in respect of vessels constructed before the day on which the MLC 2006 came into force in Canada.

Interpretation

159 The following definitions apply 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 International Standard IEC 61672-1:2002(E), 1^st edition 2002-2005 Electroacoustics – Sound Level Meters. (niveau de pression acoustique pondérée A)

dBA

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

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 an instrument for measuring levels of sound and impulse sound that meets the standards set out in CSA Standard CAN/CSA-Z107.56-06, Procedures for the Measurement of Occupational Noise Exposure. (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)

160 [Repealed, SOR/2023-257, s. 420]

Levels of Sound

• 161 (1) Subject to subsections (2) to (4), the level of sound in a work place must be less than 85 dB.

• (2) Subject to subsection (3), if it is not feasible for an employer to maintain the sound level in the work place at less than 85 dB, an employee must not be exposed in any 24-hour period

  • (a) to a level of sound set out in column 1 of the table to this section for a number of hours that is more than the number set out in column 2; or

  • (b) to any combination of the different levels of sound set out in column 1 of the table to this section, if the number of hours of exposure to each level of sound divided by the maximum number of hours of exposure for that level per 24-hour period set out in column 2 of the table to this section is more than one.

• (3) An employee must not be exposed to a continuous level of sound in crew accommodation that is more than 75 dB.

• (4) If the level of impulse sound in a work place is more than 140 dB, the employer must provide every employee entering the work place with a hearing protector that

  • (a) meets the standards set out in CSA Standard CAN/CSA-Z94.2-02 (R2007), Hearing Protection Devices — Performance, Selection, Care and Use; and

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

• (5) Unless otherwise specified, the limits for noise levels for working spaces and crew accommodation must fall within the ILO international guidelines on exposure levels, including those in the ILO code of practice entitled Ambient factors in the workplace, 2001, and, if applicable, the specific protection recommended by the IMO, and any subsequent amending and supplementary instruments for acceptable noise levels on board vessels.

• (6) A copy of the documents in English and in French referred to in subsection (5) must be kept on board the vessel and be made available to employees.

  	Column 1	Column 2
  Item	Levels of Sound in dB	Maximum Number of Hours of Exposure per Employee per 24-hour Period
  1	85 or more but not more than 90	8
  2	more than 90 but not more than 92	6
  3	more than 92 but not more than 95	4
  4	more than 95 but not more than 97	3
  5	more than 97 but not more than 100	2
  6	more than 100 but not more than 102	1.5
  7	more than 102 but not more than 105	1
  8	more than 105 but not more than 110	0.5
  9	more than 110 but not more than 115	0.25
  10	more than 115	0

Hazard Investigation

• 162 (1) If it is not feasible for an employer to maintain an employee’s exposure to a sound level at or below the levels referred to in section 161, the employer must

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

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

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

    • (i) meets the standards set out in CSA Standard CAN/CSA-Z94.2-02 (R2007), Hearing Protection Devices, Performance, Selection, Care and Use, and

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

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

• (3) During the investigation referred to in subsection (1), the following matters must 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 that exposure;

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

  • (d) whether the exposure of the employee is likely to be more than the limits prescribed by section 161; and

  • (e) whether the employee is likely to be exposed to a noise exposure level (L_ex,8) equal to or greater than 85 dBA.

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

  • (a) observations respecting the matters considered under subsection (3);

  • (b) recommendations respecting the measures that are to be taken in order to comply with section 161; 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 85 dBA and not greater than 87 dBA.

• (5) The report must be kept by the employer at the work place where it applies for a period of 10 years after the day on which the report is submitted.

• (6) If it is stated in the report that employees are likely to be exposed to a noise exposure level (L_ex,8) equal to or greater than 85 dBA, the employer must, without delay,

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

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

Sound Level Measurement

163 The levels of sound must be measured by using the slow exponential-time-averaging characteristic and the A-weighting characteristic of a sound level meter.

Warning Signs

164 In a work place where the level of sound is 85 dB or more, the employer must post signs warning persons entering the work place

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

• (b) if applicable, of the maximum number of hours of exposure determined under subsection 161(2); and

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

PART 13Work Permit

Assessment

165 The employer must assess the following types of work to determine if the work presents a hazard that is capable of causing death or serious injury:

• (a) work on live electrical equipment that cannot be isolated or grounded;

• (b) work on electrical equipment that is capable of becoming live during that work;

• (c) hot work, as defined in section 189;

• (d) work that requires exposure to hazardous substances beyond the limits referred to in subsection 255(1); and

• (e) any other work that may present a hazard that is capable of causing death or serious injury.

Issuance

166 The employer is required to issue a written work permit to a qualified person before the commencement of the following types of work:

• (a) work that requires entry into confined spaces; and

• (b) any other work that has been assessed under section 165 as presenting a hazard that is capable of causing death or serious injury.

Contents

167 The work permit must contain the following information:

• (a) the name of the person who issues the permit;

• (b) the name of the person to whom it is issued;

• (c) the periods during which the permit is valid;

• (d) the type of work to be performed and its location; and

• (e) assessment of conditions related to the hazard of performing the work, and instructions arising from those conditions, including

  • (i) the work procedures to be followed,

  • (ii) the identification of equipment that is to be locked out in accordance with CSA Standard CAN/CSA-Z460-05, Control of Hazardous Energy - Lockout and Other Methods,

  • (iii) a description of any safety tests to be performed before the work is performed, during the performance of the work and following the completion of the work,

  • (iv) the specification of the particulars of the tags or signs to be used, if any,

  • (v) the specification of the protection equipment to be used, if any,

  • (vi) in the case of an emergency, the procedures to be followed,

  • (vii) a description of the specific space, work or electrical equipment to which the instructions apply, and

  • (viii) the identification of any other work permit that may affect the emergency or work procedures to be followed.

Requirements

• 168 (1) The work permit must be signed by the employer and the terms, rights and obligations explained to and signed by the person to whom that permit is issued.

• (2) The work permit must be made readily available for examination by employees for the period in which the work is being performed and it must be kept by the employer for a period of two years after the day on which the work was completed at the place of business nearest to the work place in which the work was completed.

• (3) Work authorized under a work permit may be performed only after the equipment has been locked out in accordance with the standard referred to in subparagraph 167(e)(ii).

PART 14Confined Spaces

General

169 A person must not enter a confined space without having been issued a work permit under section 166.

170 [Repealed, SOR/2021-122, s. 47]

Assessment of Condition

• 171 (1) Before authorizing a person to enter a confined space on a vessel, the employer must appoint a marine chemist or other qualified person to

  • (a) carry out an assessment of any hazardous substance in the confined space; and

  • (b) specify the necessary tests to determine whether employees are likely to be exposed to the hazard.

• (2) In the context of the assessment, the marine chemist or other qualified person must, at a minimum, verify that the following requirements are met:

  • (a) the concentration of any chemical agent to which the person is likely to be exposed in the confined space is not more than the value or level referred to in subsection 255(1) or the percentage referred to in subsection 255(5);

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

  • (c) the percentage of oxygen in the atmosphere in the confined space is not less than 19.5 per cent by volume and not more than 23 per cent by volume at normal atmospheric pressure and in any case the partial pressure of oxygen is not less than 148 mm Hg; and

  • (d) the value, level or percentage referred to in paragraphs (a) to (c) can be maintained during the period of proposed occupancy of the confined space by the person.

• (3) The marine chemist or other qualified person must, in a written report signed by that person, set out the following information:

  • (a) the name of the vessel on which the confined space is located;

  • (b) the location of the confined space on the vessel;

  • (c) a record of the results of the assessment made in accordance with subsection (2);

  • (d) the type, model, serial number and date of last calibration of any instrument used in the assessment process;

  • (e) an evaluation of the hazards of the confined space;

  • (f) if the employer has established procedures to be followed by a person entering into, exiting from or performing work in a confined space, which of those procedures are applicable;

  • (g) if the employer has not established procedures referred to in paragraph (f), the procedures to be followed by the person referred to in that paragraph;

  • (h) the protection equipment referred to in Part 10 that is to be used by every person granted access to the confined space; and

  • (i) if the employer has established emergency procedures to be followed in the event of an accident or other emergency in or near the confined space, which of the procedures are to be followed, including immediate evacuation of the confined space when

    • (i) an alarm is activated, or

    • (ii) there is any significant change in the value, level or percentage referred to in subsection (2).

172 The written report referred to in subsection 171(3) must be kept by the employer on the vessel on which the confined space is located for a period of two years after the day on which the marine chemist or other qualified person signs the report.

Additional Requirements for the Issuance of a Work Permit

• 173 (1) In addition to the requirements set out in section 168, before an employer issues a work permit under section 166 in respect of work that requires entry into a confined space, the employer must

  • (a) obtain a written report referred to in subsection 171(3) from a qualified person;

  • (b) ensure that any liquid in which a person may drown or any free-flowing solid in which a person may become entrapped has been removed from the confined space;

  • (c) ensure that the entry of any liquid, free-flowing solid or hazardous substance into the confined space has been prevented by a secure means of disconnection or the fitting of blank flanges;

  • (d) ensure that all electrical equipment and mechanical equipment that presents a hazard to a person entering into, exiting from or performing work in the confined space has been disconnected from its power source and locked out in accordance with the standard referred to in subparagraph 167(e)(ii);

  • (e) ensure that the opening for entry into and exit from the confined space is sufficient in size to allow safe passage of a person who is using protection equipment; and

  • (f) establish an entry control system.

• (2) The written report referred to in subsection 171(3) and any procedures identified in that report must be explained to a person who is about to enter into the confined space and that person must sign a dated copy of the report indicating that they have read the report and that the report and the procedures were explained to them.

• (3) If conditions in the confined space or the nature of the work to be performed in the confined space are such that any of paragraphs 171(2)(a) to (c) or (1)(b) to (e) cannot be complied with, the employer must at a minimum ensure that

  • (a) a qualified person is

    • (i) in attendance outside the confined space,

    • (ii) in communication with the person inside the confined space, and

    • (iii) provided with a suitable alarm device for summoning assistance;

  • (b) each person granted access to the confined space must wear a safety harness that is securely attached to a lifeline that is attached to a secure anchor outside the confined space and is controlled by the qualified person;

  • (c) two or more employees, which may include the qualified person, are in the immediate vicinity of the confined space to assist in the event of an accident or other emergency; and

  • (d) one of the employees referred to in paragraph (c) is

    • (i) trained in the emergency procedures referred to in paragraph 171(3)(i),

    • (ii) the holder of a first aid certificate, and

    • (iii) provided with the protection equipment referred to in paragraph 171(3)(h) and any emergency equipment required by the procedures established by the employer under paragraph 171(3)(i).

• (4) A person must not close off a confined spaced until a qualified person has verified that no person is inside it.

Ventilation Equipment

• 174 (1) If a hazardous substance may be produced in a confined space by the work to be performed,

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

  • (b) each person granted access to the confined space must use respiratory protective equipment or a breathing apparatus referred to in section 142.

• (2) If an airborne hazardous substance or oxygen in the atmosphere in a confined space is maintained at the value, level or percentage referred to in subsection 171(2) by the use of ventilation equipment, a person may only be granted access to the confined space if

  • (a) the ventilation equipment is

    • (i) equipped with an alarm that will, if the equipment fails, be activated automatically and be audible or visible to any person in the confined space, or

    • (ii) monitored by an employee who is in constant attendance at the equipment and in communication with any person in the confined space; and

  • (b) in the event of failure of the ventilation equipment, sufficient time will be available for the person to escape from the confined space before one of the following occurs:

    • (i) their exposure to or the concentration of a hazardous substance in the confined space is more than the value, level or percentage prescribed in paragraph 171(2)(a) or (b), and

    • (ii) the percentage of oxygen in the atmosphere ceases to meet the requirements of paragraph 171(2)(c).

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

PART 15Electrical Safety

Interpretation

175 The following definitions apply in this Part.

control device

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

direct supervision

direct supervision means on-site, in-view observation and guidance by a qualified person while an employee performs an assigned task. (supervision immédiate)

guarantor

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

guarded

guarded means in respect of electrical equipment, covered, shielded, fenced, enclosed or otherwise protected by means of suitable covers or casing, barriers, guardrails, screens, mats or platforms to remove the possibility of dangerous contact or approach by persons or objects. (protégé)

person in charge

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

Safety Procedures

• 176 (1) All testing or work performed on electrical equipment must be performed by a person in charge or an employee under the direct supervision of a person in charge.

• (2) Before authorizing a person to test or perform work on electrical equipment, the employer must ensure that a work permit referred to in section 166 has been obtained.

• (3) If there is a risk that the person in charge or the employee under the direct supervision of the person in charge could receive a hazardous electrical shock during the performance of their testing or work,

  • (a) the person in charge or the employee must use insulated protection equipment and tools that will protect them from injury; and

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

• (4) Subject to subsection (5), if an employee is working on or near electrical equipment that is live or may become live, the electrical equipment must be guarded.

• (5) If it is not feasible for the electrical equipment to be guarded, the employer must take measures to protect the employee from injury by insulating the equipment from the employee or the employee from the ground.

Safety Watcher

• 177 (1) If 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 must 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) Safety watchers must be

  • (a) informed of their duties as safety watchers 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 safety watchers.

• (3) For the purposes of subsection (1), employers may appoint themselves as safety watchers.

Coordination of Work

178 If 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, must be fully informed by the employer with respect to the safe coordination of their work.

Switches and Control Devices

• 179 (1) [Repealed, SOR/2023-257, s. 421]

• (2) The path of access to every electrical switch, control device or meter must be free from obstruction.

• (3) If an electrical switch or other control device controlling the supply of electrical energy to electrical equipment is operated only by a person authorized to do so by the employer, the switch or control device must be fitted with a locking device that only the authorized person can activate.

• (4) Control switches for all electrically operated machinery must be clearly marked to indicate the switch positions.

Defective Electrical Equipment

180 Defective electrical equipment must be disconnected from its power source by a means other than the control switch and notices must be placed on the equipment and at the control switch to indicate that the equipment is defective.

Electrical Fuses

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

• (2) An employee must not replace missing or burnt-out fuses unless authorized to do so by a person in charge.

Power Supply Cables

• 182 (1) Power supply cables for portable electrical equipment must be placed clear of areas used for vehicles unless the cables are guarded.

• (2) A three-wire power supply cable on electrical equipment or appliances must not be altered or changed for the purpose of connecting the equipment or appliances to a two-wire power supply.

Grounded Electrical Equipment

183 Grounded electrical equipment and appliances must be used only when connected to a matching grounded electrical outlet receptacle.

Additional Requirement for the Issuance of a Work Permit

184 In addition to the requirements set out in section 168, before an employer issues a work permit for electrical equipment under section 166, the employer must provide a guarantee of isolation in respect of each source of electrical energy.

Guarantees of Isolation of Electrical Equipment

• 185 (1) An employee must not give or receive a guarantee of isolation for electrical equipment unless they are authorized in writing by their employer to give or receive a guarantee of isolation.

• (2) No more than one employee is to give a guarantee of isolation for a piece of electrical equipment for a given period.

• (3) Before an employer issues a work permit, the person in charge must 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) The written guarantee of isolation referred to in paragraph (3)(a) must be signed by the guarantor and by the person in charge and must 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) If a non-written guarantee of isolation referred to in paragraph (3)(b) is given, a written record of the guarantee must, as soon as feasible, be made by the guarantor and signed by the person in charge.

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

• (7) Every written guarantee of isolation and every written record must be

  • (a) kept by the person in charge and made 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 at their 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 completion of the work or live test.

• (8) If 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 must sign the written guarantee of isolation or written record of the oral guarantee of isolation.

• (9) 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 the employee’s direct control, the employee must obtain a guarantee of isolation in respect of the source from the person who is in direct control of the source and is authorized to give the guarantee in respect of that source.

Live Test

• 186 (1) An employee must not 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 must warn all persons who, during or as a result of the test, are likely to be exposed to a hazard.

Termination of the Guarantee of Isolation

• 187 (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) must 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

• 188 (1) An employee must not attach a safety ground to electrical equipment unless they have tested the electrical equipment and have 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.

• (3) 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.

• (4) 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 must be connected to the common grounding network.

• (5) Every conducting part of a safety ground on isolated electrical equipment must have sufficient current carrying capacity to conduct the maximum current that is likely to be carried on any part of the equipment for the time that 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.

• (6) A safety ground must not be attached to or disconnected from isolated electrical equipment except in accordance with the following requirements:

  • (a) the safety ground must, 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 non-insulated surfaces of the electrical equipment must 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 must be attached by means of mechanical clamps that are tightened securely and are in direct contact with bare metal;

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

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

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

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

• (7) For the purposes of subsection (6), a point of safety grounding means a grounding bus, a station grounding network, a neutral conductor, a metal structure or an aerial ground.

PART 16Hot Work Operations

Definition

189 In this Part, hot work means any work where flame is used or a source of ignition may be produced.

General

190 If hot work is to be performed,

• (a) a qualified person must be assigned to patrol the working area and the adjoining areas and maintain a fire protection watch of the area for the duration of the work and, if necessary, as determined by the qualified person, for a period of 30 minutes after the work is completed; and

• (b) a sufficient number of fire extinguishers shall be provided in the working area and the adjoining areas.

191 Hot work must not be performed in a working area where

• (a) flammable gas, vapour or dust may be present in the atmosphere, unless the area has been freed of gas, tested by a marine chemist or other qualified person, and found to be safe for that work to be performed in the area; and

• (b) an explosive or flammable substance may be present in the working area, unless a marine chemist or other qualified person has ensured that adequate protection exists to permit that work to be safely performed in the area.

• 192 (1) Electrical welding equipment cables and gas welding or burning equipment cylinders and pipes must be placed clear of areas used for vehicles unless adequate protection for the cables, cylinders and pipes is provided.

• (2) Gas cylinders of welding and burning equipment must be placed securely in an upright position when in use.

193 Before equipment used for hot work is left unattended, the person in charge of the working area must ensure that the equipment is in a safe condition.

Ventilation Equipment

194 If a hazardous substance may be produced in a work area as a result of hot work

• (a) the work area must be well ventilated; or

• (b) any person in the work area must wear respiratory protective equipment.

• 195 (1) The concentration of any chemical agent to which a person is likely to be exposed in a work area must not be more than

  • (a) the value referred to in subsection 255(1); or

  • (b) the percentage referred to in subsection 255(5).

• (2) The concentration in a work area of airborne hazardous substances, other than chemical agents, must not be hazardous to the health or safety of the person in the area.

196 The percentage of oxygen in the atmosphere in a working area must not be less than 19.5 per cent or more than 23 per cent by volume at normal atmospheric pressure and in no case is the partial pressure of oxygen to be less than 148 mm Hg.

• 197 (1) If ventilation equipment is used to maintain the concentration of an airborne hazardous substance below or at the value or percentage referred to in section 195 or the percentage of oxygen in the air of a confined space within the limits referred to in section 196, the employer is prohibited from granting any person access to the work area, unless

  • (a) the ventilation equipment is

    • (i) equipped with an alarm that will, if the equipment fails, be activated automatically and be audible or visible to any person in the working area, or

    • (ii) monitored by an employee who is in constant attendance at the equipment; and

  • (b) in the event of a failure of the ventilation equipment, sufficient time will be available for a person to escape from the working area before one of the following occurs:

    • (i) that person’s exposure to or the concentration of a hazardous substance in the work area is more than the value or percentage prescribed in section 195, or

    • (ii) the percentage of oxygen in the atmosphere ceases to meet the requirements of section 196.

• (2) The employee referred to in subparagraph (1)(a)(ii) must activate an alarm in the event of faulty operation of the ventilation equipment.

PART 17Boilers and Pressure Vessels

Application

198 This Part does not apply in respect of

• (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; or

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

199 [Repealed, SOR/2023-257, s. 422]

Use, Operation and Maintenance

200 An employer must 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.

PART 18Tools and Machinery

Interpretation

201 The following definitions apply in this Part.

explosive-actuated fastening tool

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 or causing it to penetrate another object or material. (pistolet de scellement à cartouches explosives)

fire hazard area

fire hazard area means an area that contains or is likely to contain an explosive or flammable concentration of a hazardous substance. (endroit présentant un risque d’incendie)

Application

202 This Part applies to machines, tools and guards.

Design, Construction and Operation of Tools

• 203 (1) The exterior surface of any tool used by an employee in a fire hazard area must be made of non-sparking material.

• (2) All portable electric tools used by employees must meet the CSA Standard CAN/CSA-C22.2 NO. 71.1-M89 (R2004), Portable Electric Tools.

• (3) All portable electric tools used by employees must be grounded except when the tools

  • (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 CAN/CSA-C22.2 NO. 144-M91 (R2006), Ground Fault Circuit Interrupters.

• (4) All portable electric tools used by employees in a fire hazard area must be marked as appropriate for use or designed for use in a fire hazard area.

• (5) If an air hose is connected to a portable air-powered tool used by an employee, a restraining device must be attached

  • (a) to all hose connections; and

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

• (6) All explosive-actuated fastening tools used by employees must meet and be operated in accordance with the standards set out in CSA Standard Z166-1975, Explosive Actuated Fastening Tools.

• (7) An employee must not operate an explosive-actuated fastening tool unless authorized to do so by their employer.

• (8) All chain saws used by employees must meet the standards set out in CSA Standard CAN/CSA-Z62.1-03 (R2008), Chain Saws.

Defective Tools and Machinery

• 204 (1) If an employee finds any defect in a tool or machine that may render it unsafe for use, they must report the defect to their employer as soon as feasible.

• (2) An employer must mark or tag as unsafe and remove from service any tool or machine used by employees that has a defect that may render it unsafe for use.

Training and Instruction

• 205 (1) Every employee must be trained and instructed by a qualified person in the safe and proper inspection, maintenance and use of all tools and machines that they are required to use.

• (2) An employer must keep a manual of operating instructions for each type of portable electric tool, portable air-powered tool, explosive-actuated fastening tool and machine used by employees and that manual must be made readily available for examination by employees who are required to use the tool or machine to which the manual applies.

General Requirements for Protective Guards

• 206 (1) Every machine that has exposed moving, rotating, electrically charged or hot parts or that processes, transports or handles material that constitutes a hazard to an employee must be equipped with a machine guard that

  • (a) prevents the employee or any part of their body from coming into contact with the parts or material;

  • (b) prevents access by the employee to the area of exposure or to the material or parts that constitute a hazard during the operation of the machine; or

  • (c) makes the machine inoperative if the employee or any part of their clothing is in or near a part of the machine that is likely to cause injury.

• (2) If feasible, the machine guard referred to in subsection (1) must not be removable.

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

• (4) Equipment used in the mechanical transmission of power must meet the requirements set out in ANSI Standard ANSI/AMT B15.1-2000 (R2008), Safety Standard for Mechanical Power Transmission Apparatus.

Use, Operation, Repair and Maintenance of Machines

• 207 (1) Machines must be operated, repaired and maintained by a qualified person.

• (2) If a machine guard is installed on a machine, it is prohibited for any person to use or operate the machine unless the machine guard is in its proper position, except to permit the removal of an injured person from the machine.

• (3) If it is necessary to remove a machine guard from a machine in order to perform repair or maintenance work on the machine, it is prohibited for any person to perform that work unless the machine has been rendered inoperative.

• (4) If it is not feasible to render the machine inoperative, the repair or maintenance work may be performed if the employer has established procedures and methods in accordance with sections 123 and 124.

Abrasive Wheels

• 208 (1) Abrasive wheels must be

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

  • (b) mounted between flanges; and

  • (c) operated in accordance with sections 4 to 6 of CSA Standard B173.5–1979, Safety Requirements for the Use, Care and Protection of Abrasive Wheels.

• (2) A bench grinder must be equipped with a work rest or other device that

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

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

PART 19Materials Handling and Storage

DIVISION 1General

Interpretation

209 The following definitions apply in this Part.

materials handling equipment

materials handling equipment means equipment used to transport, lift, move or position materials, goods or things and includes mobile equipment, but does not include a persons transfer apparatus within the meaning of section 129. (appareil de manutention des matériaux)

National Fire Code

National Fire Code means the National Fire Code of Canada 2005, issued by the Associate Committee on the National Fire Code, National Research Council of Canada. (Code national de prévention des incendies)

operator

operator means a person who controls the operation of motorized or manual materials handling equipment and who has received or is receiving instructions and training in respect of the procedures referred to in subsections 228(1) or (3), as the case may be. (opérateur)

safe working load

safe working load means, with respect to materials handling equipment, the maximum load that the materials handling equipment is designed and constructed to handle or support safely. (charge de travail admissible)

signaller

signaller means a person assigned by an employer to direct, by means of visual or auditory signals, the safe movement and operation of materials handling equipment. (signaleur)

Application

210 This Part does not apply to or in respect of the inspection and certification of tackle used in the loading or unloading of vessels.

DIVISION 2Design and Construction

General

• 211 (1) Materials handling equipment must, if feasible, be designed and constructed so that, if there is a failure of any part of the equipment, it will not result in loss of control of the equipment or create a hazardous condition.

• (2) All glass in doors, windows and other parts of materials handling equipment must be of a type designed not to shatter into sharp or dangerous pieces on impact.

Protection from Falling Objects

• 212 (1) If materials handling equipment is used in circumstances where there is a risk that the operator of the equipment could be struck by a falling object or shifting load, the employer must equip it with a protective structure of a design, construction and strength that will, under all foreseeable conditions, prevent the penetration of the object or load into the area occupied by the operator.

• (2) The protective structure must be

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

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

• (3) If, during the loading or unloading of materials handling equipment, the load will pass over the operator’s position, the operator must not occupy the equipment unless it is equipped with a protective structure referred to in subsection (1).

Protection from Overturning

• 213 (1) If materials handling equipment is used in circumstances in which it may turn over, it must be fitted with a rollover protection device that meets the requirements set out in CSA Standard B352.0-09, Roll-over protective structures (ROPS), falling object protective structures (FOPS), operator protective structures (OPS), and tip-over protective structures (TOPS) for mobile machinery - General Canadian requirements.

• (2) Guards must be installed on the deck of every vessel and on every other elevated work area on which materials handling equipment is used to prevent the equipment from falling over the sides of the deck or area.

• (3) A load must not be left suspended from any lifting machinery unless a qualified person is present and in charge of the machinery while the load is left suspended.

Fuel Tanks

214 If a fuel tank, compressed gas cylinder or similar container contains a hazardous substance and is mounted on materials handling equipment, it must be

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

• (b) connected to fuel overflow and vent pipes that are located so that fuel spills and vapours cannot

  • (i) be ignited by hot exhaust pipes or other hot or sparking parts, or

  • (ii) be hazardous to the health or safety of any employee who is required to operate or ride on the materials handling equipment.

Operator’s Compartment

• 215 (1) Motorized materials handling equipment that is regularly used outdoors must be fitted with a roof or other structure that will protect the operator from exposure to any weather condition that is likely to be hazardous to the operator’s health or safety.

• (2) If heat produced by materials handling equipment may raise the temperature in the operator’s compartment or position to 27°C or more, the compartment or position must be protected from the heat by an insulated barrier.

Controls

216 The arrangement and design of dial displays and the controls and general layout and design of the operator’s compartment or position on all materials handling equipment must not hinder or prevent the operator from operating the materials handling equipment.

Fire Extinguishers

• 217 (1) Materials handling equipment that is used for transporting or handling combustible or flammable substances must be equipped with a dry chemical fire extinguisher.

• (2) The fire extinguisher must

  • (a) have not less than an A B C rating as defined in the National Fire Code;

  • (b) meet the standards set out in section 6.2 of that Code; and

  • (c) be located so that it is easy to reach by the operator of the materials handling equipment while they are in the operating position.

Means of Entering and Exiting

218 All materials handling equipment must be provided with a step, handhold or other means of entering into and exiting from the compartment or position of the operator and any other place on the equipment that an employee enters in order to service the equipment.

Lighting

219 Materials handling equipment that is used or operated by an operator in a work place at night or at any time when the level of lighting within the work place is less than 10 lx, must be

• (a) fitted with warning lights on its front and rear that are visible from a distance of not less than 100 m; and

• (b) provided with lighting that ensures the safe operation of the equipment under all conditions of use.

Control Systems

220 All materials handling equipment must be fitted with braking, steering and other control systems that

• (a) are capable of safely controlling and stopping the movement of the materials handling equipment and any hoist, bucket or other part of the materials handling equipment; and

• (b) respond reliably and quickly to moderate effort by the operator.

Warnings

• 221 (1) Motorized materials handling equipment that is used in an area occupied by employees must be fitted with

  • (a) a horn or other similar audible warning device for travelling forward at speeds in excess of 8 km/h; and

  • (b) subject to subsection (2), a horn or other similar audible warning device that automatically operates while it travels in reverse.

• (2) If an audible warning device referred to in paragraph (1)(b) cannot be clearly heard above the noise of the motorized materials handling equipment and any surrounding noise, does not allow enough time for a person to avoid the danger in question or does not otherwise provide adequate warning, other visual, audible or tactile warning devices or methods must be used so that adequate warning is provided.

Seat Belts

222 If materials handling equipment is used under conditions where a seat belt or shoulder strap type restraining device is likely to contribute to the safety of the operator or passengers, the materials handling equipment is to be fitted with belts or devices.

Rear View Mirror

223 If materials handling equipment cannot be operated safely in reverse unless it is equipped with an outside rear view mirror, the materials handling equipment must be so equipped.

Electric Materials Handling Equipment

224 Any materials handling equipment that is electrically powered must be designed and constructed so that the operator and all other employees are protected from electrical shock or injury by means of protective guards, screens or panels secured by bolts, screws or other equally reliable fasteners.

Automatic Materials Handling Equipment

225 If materials handling equipment that is controlled or operated by a remote or automatic system may make physical contact with an employee, it must be prevented from doing so by the provision of an emergency stop system or barricades.

Conveyors

• 226 (1) The design, construction, installation, operation and maintenance of each conveyor, cableway or other similar materials handling equipment must meet the standards set out in ANSI Standard ANSI/ASME B20.1-2009, Safety Standards for Conveyors and Related Equipment.

• (2) Before a conveyer is put in operation, the employer must ensure that guards or other devices are installed in areas where there is a risk to the health and safety of a person.

DIVISION 3Maintenance, Operation and Use

Inspection, Testing and Maintenance

• 227 (1) Before materials handling equipment is operated for the first time in a work place, the employer must set out in writing instructions for the inspection, testing and maintenance of that materials handling equipment.

• (2) The instructions must specify the nature and frequency of inspections, tests and maintenance.

• (3) The inspection, testing and maintenance of all materials handling equipment must be performed by a qualified person.

• (4) The qualified person must

  • (a) comply with the instructions referred to in subsection (1); and

  • (b) make and sign a report of each inspection, test or maintenance work performed by them.

• (5) The report referred to in paragraph (4)(b) must

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

  • (b) identify the materials handling equipment that was inspected, tested or maintained; and

  • (c) set out the safety observations of the qualified person inspecting, testing or maintaining the materials handling equipment.

• (6) The employer must keep, on the vessel on which the materials handling equipment is located, a copy of

  • (a) the instructions referred to in subsection (1) for as long as the materials handling equipment is in use; and

  • (b) the report referred to in paragraph (4)(b) for a period of two years after the day on which the report is signed.

Operator Training and Instruction

• 228 (1) The employer must ensure that every operator of motorized materials handling equipment has been instructed and trained in the procedures to be followed for

  • (a) the inspection of the equipment;

  • (b) the safe and proper use of the equipment in accordance with the instructions provided by the manufacturer and taking into account the conditions of the work place in which the operator will operate the equipment; and

  • (c) the fuelling of the equipment, if applicable.

• (2) Subsection (1) does not apply to an employer with respect to an operator who, under the direct supervision of a qualified person, is being instructed and trained in the use of motorized materials handling equipment or in the procedures referred to in that subsection.

• (3) An employer must ensure that every operator of manual materials handling equipment receives on-the-job training by a qualified person on the procedures to be followed for

  • (a) the inspection of the equipment; and

  • (b) the safe and proper use of the equipment, in accordance with any manufacturer’s instructions and taking into account the condition of the work place in which the operator will operate that equipment and the operator’s physical capabilities.

• (4) Every employer must keep a written or electronic record of any training or instruction referred to in subsection (1) given to an operator of materials handling equipment for as long as the operator remains in their employ.

Operation

• 229 (1) An employer must not require an employee to operate materials handling equipment unless the employee is an operator who is capable of operating the equipment safely.

• (2) A person must not operate materials handling equipment unless

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

  • (b) they are directed by a signaller.

• (3) Materials handling equipment must not be operated on a gangway with a slope greater than the maximum slope recommended by the manufacturer of the equipment.

• (4) A person must not leave materials handling equipment unattended unless the equipment has been secured to prevent inadvertent movement or unauthorized use.

• (5) Every employer must establish a code of signals for the purposes of paragraph (2)(b) and must

  • (a) instruct every signaller and operator of materials handling equipment employed by them in the use of the code; and

  • (b) keep a copy of the code in a place where it is readily available for examination by the signallers and operators.

• (6) A signaller must not perform duties other than signalling while any materials handling equipment under their direction is in motion.

• (7) If it is not feasible for a signaller to use visual signals, a telephone, radio or other audible signalling device must be provided by the employer for the signaller’s use.

Repairs

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

• (2) If a part of lesser strength or quality than the original part is used in the repair, modification or replacement of a part of any materials handling equipment, the use of the equipment must be restricted by the employer to such loading and use as will ensure the retention of the original safety factor of the equipment or part.

Loading, Unloading and Maintenance While in Motion

• 231 (1) A load must not be picked up from or placed on any materials handling equipment while the equipment is in motion unless the equipment is specifically designed for that purpose.

• (2) Except in the case of an emergency, an employee must not get on or off of any materials handling equipment while it is in motion.

• (3) Subject to subsection (4), repair, maintenance or cleaning work must not be performed on any materials handling equipment while the materials handling equipment is being operated.

• (4) Fixed parts of materials handling equipment may be repaired, maintained or cleaned while the equipment is being operated if they are isolated or protected so that the operation of the equipment does not affect the safety of the employee performing the repair, maintenance or cleaning work.

Positioning the Load

• 232 (1) If materials handling equipment is travelling with a raised or suspended load on a vessel, the operator must ensure that the load is carried as close as possible to the deck and that the load must not be carried at a point above the centre of gravity of the loaded materials handling equipment.

• (2) If tools, tool boxes or spare parts are carried on materials handling equipment, they must be securely stored.

Housekeeping

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

Parking

234 Materials handling equipment must not be parked in a passageway, doorway or other place where it may interfere with the safe movement of persons, materials, goods or things.

Materials Handling Area

• 235 (1) In this section, materials handling area means an area, including the area covered by wide swinging booms or other similar parts, within which materials handling equipment may create a hazard to any person.

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

• (3) A person must not enter a materials handling area while operations are in progress unless that person

  • (a) is the Head of Compliance and Enforcement;

  • (b) is an employee whose presence in the materials handling area is essential to the conduct, supervision or safety of the operations; or

  • (c) is a person who has been assigned by the employer to be in the materials handling area while operations are in progress.

• (4) If any person other than a person referred to in subsection (3) enters a materials handling area while operations are in progress, the employer must ensure that the operations in that area are immediately discontinued and not resumed until that person has left the area.

Dumping

• 236 (1) If materials handling equipment designed for dumping is used to discharge a load at the edge of a sudden drop in level that may cause the equipment to tip, a bumping block must be used or a signaller must give directions to the operator of the equipment to prevent it from falling over the edge.

• (2) Every employer who wishes to use signals to direct the movement of motorized materials handling equipment must establish a single code of signals to be used by signallers in all of the employer’s work places.

• (3) A signal to stop given by any person granted access to the work place by the employer must be obeyed by the operator.

• (4) A signaller must not perform duties other than signalling while the motorized materials handling equipment under the signaller’s direction is in operation.

• (5) If any movement of motorized materials handling equipment that is directed by a signaller poses a risk to the safety of any person, the signaller must not give the signal to move until that person is warned of, or protected from, the risk.

• (6) If the operator of any motorized materials handling equipment does not understand a signal, the operator must consider that signal to be a stop signal.

• (7) [Repealed, SOR/2019-246, s. 328]

Gradients

237 An employee must not operate and the employer must not permit an employee to operate motorized materials handling equipment on a gangway with a gradient in excess of the lesser of

• (a) the gradient that is recommended as safe by the manufacturer of the motorized materials handling equipment, whether it is loaded or unloaded, as the case may be, and

• (b) the gradient that a qualified person ascertains is safe, having regard to the mechanical condition of the motorized materials handling equipment and its load and traction.

Enclosed Working Areas

• 238 (1) Every enclosed working area in which materials handling equipment powered by an internal combustion engine is used must be ventilated in a manner that the carbon monoxide concentration in the atmosphere of the working area is not more than the threshold limit values as set out by the most recent edition of the American Conference of Governmental Industrial Hygienists publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs).

• (2) The employer must keep a record of the date, time, location and results of carbon monoxide tests for every enclosed working area in which materials handling equipment powered by an internal combustion engine is used.

• (3) The records must be available for inspection for a period of at least 30 days after the day on which the record was created.

Fuelling

• 239 (1) If materials handling equipment is fuelled on a vessel, the fuelling is to be done in accordance with the instructions given by the employer under paragraph 228(1)(c) in a place where the vapours from the fuel are readily dissipated.

• (2) Subject to subsection (3), an employee must not fuel materials handling equipment

  • (a) in the hold or an enclosed space of a vessel;

  • (b) if the engine of the equipment is running; or

  • (c) if there is any source of ignition in the vicinity of the equipment.

• (3) Materials handling equipment may be fuelled in the hold or an enclosed space of a vessel if

  • (a) one employee is in the hold or space with a suitable fire extinguisher ready for use;

  • (b) only those employees engaged in the fuelling and the employee referred to in paragraph (a) are in the hold or space;

  • (c) only the minimum quantity of fuel needed to fill the fuel tank of the materials handling equipment is taken into the hold or space at one time;

  • (d) if the fuel is liquified gas, the materials handling equipment is fuelled only by the replacement of spent cylinders; and

  • (e) fuel is not transferred into containers other than the fuel tank of the materials handling equipment.

Safe Working Loads

• 240 (1) Materials handling equipment must not be used or operated with a load that is in excess of its safe working load.

• (2) Subject to subsections (3) and (4), the safe working load of materials handling equipment must be clearly marked on the equipment or on a label securely attached to a permanent part of the equipment in a position where the mark or label can be easily read by the operator of the equipment.

• (3) If derricks are certified for and marked with a safe working load for operation in union purchase, the load lifted when in union purchase must not be more than that safe working load.

• (4) If derricks are operated in union purchase and they are not certified and marked in accordance with subsection (3)

  • (a) the load lifted must not be in excess of one-half of the safe working load of the derrick with the smaller capacity;

  • (b) the angle formed by the cargo runners must not be more than 120°; and

  • (c) the attachments and fittings of the cargo runners, guy wires and preventers must be suitable for the loads to which they are subjected.

Clearances

• 241 (1) On any route that is regularly travelled by materials handling equipment, the overhead and side clearances must be adequate to permit the equipment and its load to be manoeuvred safely by an operator.

• (2) Materials handling equipment must not be operated in an area in which it may contact an electrical cable, pipeline or other overhead hazard known to the employer, unless the operator has been

  • (a) warned of the presence of the hazard;

  • (b) informed of the location of the hazard; and

  • (c) informed of the safety clearance that must be maintained with respect to the hazard in order to avoid accidental contact with it.

DIVISION 4Manual Handling of Materials

• 242 (1) If, because of the weight, size, shape, toxicity or other characteristic of materials, goods or things, the manual handling of them may be hazardous to the health or safety of an employee, the employer must issue instructions that the materials, goods or things are, if feasible, not to be handled manually.

• (2) If an employee is required to manually lift or carry a load in excess of 10 kg, the employer must train and instruct the employee

  • (a) in a safe method of lifting and carrying the load; and

  • (b) in a work procedure appropriate to the employee’s physical condition and the conditions of the work place.

PART 20Hazardous Substances

DIVISION 1General

Interpretation

243 The following definitions apply 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. 13]

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 255 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)

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)

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

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

244.1 Every employer must 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

• 245 (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 marine chemist or other qualified person to carry out an investigation; and

  • (b) notify the work place committee or the health and safety representative, as the case may be, of the proposed investigation and of the name of the person appointed to carry out that investigation.

• (2) In the investigation, the following criteria must 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 effects on health of exposure to the hazardous substance;

  • (d) the state, concentration and quantity of the hazardous substance handled;

  • (e) the manner in which the hazardous substance is handled;

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

  • (g) whether the percentage of oxygen is within the range prescribed in section 196;

  • (h) the value, level or percentage of the hazardous substance to which an employee is likely to be exposed; and

  • (i) whether the value, level or percentage referred to in paragraph (h) is likely to be more than that prescribed in sections 195 or 255.

• (3) On completion of the investigation referred to in subsection (1) and after consultation with the work place committee or the health and safety representative, as the case may be, the marine chemist or other qualified person must set out in a written report signed by that person

  • (a) the person’s observations respecting the criteria considered in accordance with subsection (2); and

  • (b) the person’s recommendations respecting the manner of compliance with sections 246 to 257.

• (4) The employer must keep the report for a period of 30 years after the day on which the marine chemist or other qualified person signed the report.

Substitution of Substances

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

247 If the health of employees in a work place is likely to be endangered by direct skin contact with a hazardous substance, the employer must provide a wash area with wash basins supplied with hot and cold water.

Ventilation

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

• (a) if the airborne hazardous substance is a chemical agent, the concentration of the substance is not more than the values and limits prescribed in subsection 255(1); and

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

Warnings

249 If feasible, the employer must provide automated warning and detection systems if the seriousness of any exposure to a hazardous substance requires the use of those systems.

Storage, Handling and Use

• 250 (1) Every hazardous substance stored, handled or used in a work place must be stored, handled or used in a manner that the hazard related to that substance is reduced to a minimum.

• (2) Subject to subsection (5), if a hazardous substance is stored, handled or used in a work place, any hazard resulting from that storage, handling or use must be confined to as small an area as possible.

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

• (4) The quantity of a hazardous substance used or processed in a work place must, if feasible, be limited to the minimum quantity required.

• (5) If, in a work place, a hazardous substance is capable of combining with another substance to form an ignitable combination and a hazard of ignition of the combination by static electricity exists, the employer must adopt and implement the standards set out in the 2007 edition of the United States National Fire Protection Association publication entitled NFPA 77: Recommended Practice on Static Electricity.

Warning of Hazardous Substances

251 If a hazardous substance is stored, handled or used in a work place, signs must be posted in conspicuous places 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.

Assembly of Pipes

252 Every assembly of pipes, including pipe fittings, valves, pumps, compressors and other fixed equipment that is used for transferring a hazardous substance from one location to another must 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 control and safety devices to ensure its safe operation, maintenance and repair.

Employee Education and Training

• 253 (1) Every employer must, 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 must 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 paragraph 245(3)(a),

    • (v) the information disclosed on a safety data sheet referred to in subsection 258(2) or 262(1) and the purpose and significance of that information, and

    • (vi) in respect of hazardous products on board a vessel, the information required to be disclosed on a safety data sheet and on a label in accordance with sections 262, 263 and 265 and the purpose and significance of that information;

  • (b) the education and training of each employee who operates, maintains or repairs an assembly of pipes referred to in section 252, 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 subsections 250(1), (2) and (5),

    • (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 259; 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 must, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, review the employee education and training program at least once a year and, if necessary, revise it

  • (a) whenever there is a change in conditions in respect of the presence of hazardous substances in the work place; and

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

• (4) The employer must keep a paper or electronic record of the education and training program given to each employee.

• (5) The employer must make the record 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 keep it for a period of 10 years after the day on which the employee ceases to

  • (a) handle or be exposed to or be likely to handle or be exposed to the hazardous substance; or

  • (b) operate, maintain or repair the assembly of pipes.

Medical Examinations

• 254 (1) If the report referred to in subsection 245(3) contains a recommendation for a medical examination, the employer may consult a physician regarding that recommendation.

• (2) If the employer consults a physician and the physician confirms the recommendation for a medical examination, or if an employer does not consult a physician, the employer must not permit an employee to handle the hazardous substance in the work place until a physician, acceptable to the employee, has examined the employee and declared the employee fit for work with the hazardous substance.

• (3) If an employer consults a physician, the employer must keep a copy of the physician’s conclusion with the report.

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

Control of Hazards

• 255 (1) An employee must not be exposed 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 most recent edition of the American Conference of Governmental Industrial Hygienists publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs);

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

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

  • (d) an airborne hazardous substance, other than a chemical agent, that is hazardous to the health and safety of the employee.

• (1.1) An employer must 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 must 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) If the concentration of an airborne chemical agent is likely to exceed the value referred to in paragraph (1)(a) or (b), if the concentration of airborne asbestos fibres is likely to exceed zero or if there is a concentration of an airborne hazardous substance that is hazardous to the health and safety of the employee, air samples must be taken by a qualified person and the concentration of the chemical agent, airborne asbestos fibres or hazardous substance must be determined in accordance with

  • (a) the NIOSH standards set out in the 5^th edition of the NIOSH Manual of Analytical Methods (NMAM);

  • (b) a method set out in the United States Federal Register, volume 40, number 33, dated February 18, 1975, as amended by volume 41, number 53, dated March 17, 1976;

  • (c) a method that collects and analyzes 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) were used; or

  • (d) if no specific standards for the chemical agent are listed in the standards referred to in paragraph (a) and no method is available under paragraph (b) or (c), a scientifically proven method used to collect and analyze a representative sample of the chemical agent.

• (3) A paper or electronic record of each test made under subsection (2) must be kept by the employer on board the vessel where the concentration was sampled for a period of three years after the day on which the test was made.

• (4) A record must include

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

  • (b) the chemical agent for which the test was made;

  • (c) the sampling and testing method used;

  • (d) the result obtained; and

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

• (5) Subject to subsection (6), the concentration of an airborne chemical agent or combination of airborne chemical agents in a work place must be less than 50 per cent of the lower explosive limit of the chemical agent or combination of chemical agents.

• (6) If a source of ignition may ignite the concentration of an airborne chemical agent or combination of airborne chemical agents in a work place, that concentration must not be more than 10 per cent of the lower explosive limit of the chemical agent or combination of chemical agents.

• 256 (1) Compressed air, gas or steam must not be used for blowing dust or other substances from structures, machinery or materials if

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

  • (b) that use would result in a concentration of an airborne chemical agent that is in excess of the values referred to in paragraph 255(1)(a) or subsection 255(1.1) or the limits referred to in subsections 255(5) or (6).

• (2) Compressed air must not be used for cleaning clothing contaminated with

  • (a) asbestos; or

  • (b) a hazardous substance having an exposure limit referred to in paragraph 255(1)(a) or (b) lower than 1 mg/m³.

• (3) If compressed air is used to clean clothing,

  • (a) eye protection must be worn as set out in Part 10; and

  • (b) the maximum compressed air pressure in the line is to be 69 kPa or a safety nozzle limiting the air pressure to no more than 69 kPa must be used.

• (4) [Repealed, SOR/2021-122, s. 60]

Explosives

257 All blasting using dynamite, blasting caps or other explosives must be done by a qualified person who, if required under the laws of the province in which the blasting is carried out, holds a blasting certificate or any other authorization that may be required under those laws.

DIVISION 2Hazardous Substances Other than Hazardous Products

Asbestos Exposure Management Program

Asbestos-containing Material

• 257.1 (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 must ensure that the qualified person who is carrying out a hazard investigation under section 245 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 or employee exposure to asbestos fibres.

• (2) At the completion of an investigation carried out under section 245, the employer must 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

257.2 Before undertaking any work activity that involves asbestos-containing material, an employer must, 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 245 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.

257.3 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 must 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

• 257.4 (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 must be placed in a container referred to in section 257.92.

257.5 If a glove bag is used for the removal of asbestos insulation from pipes, ducts and similar structures, an employer must 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

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

  • (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 257.92.

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

257.7 As soon as feasible after any work activity that involves asbestos-containing material is completed, an employee must 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

• 257.8 (1) An employer must 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 must 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 must

  • (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

• 257.9 (1) Before dismantling a containment system and after all asbestos dust, waste and debris have been cleaned up, removed or encapsulated, an employer must 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 255(1.1).

257.91 Within 24 hours after obtaining the clearance air sampling test results, the employer must

• (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

257.92 Containers for the containment of asbestos dust, waste and debris and asbestos-containing material must 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.

• 258 (1) Every container of a hazardous substance, other than a hazardous product, that is stored, handled, used or disposed of on a vessel must be labelled in a manner that discloses clearly

  • (a) the name of the substance;

  • (b) the hazardous properties of the substance; and

  • (c) the manner in which the product can be safely disposed of.

• (2) If a safety data sheet in respect of a hazardous substance, other than a hazardous product, that is stored, handled or used on board a vessel may be obtained from the supplier of the hazardous substance, the employer must

  • (a) obtain a copy of the safety data sheet; and

  • (b) make 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 3Hazardous Products

Interpretation

259 The following definitions apply 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)

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 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 safety data sheet

work place safety data sheet means a safety data sheet prepared by an employer in accordance with subsection 263(1) or (2). (fiche de données de sécurité du lieu de travail)

Application

• 260 (1) This Division does not apply in respect of any

  • (a) employee employed in the loading or unloading of a vessel not registered in Canada, other than an employee employed on an uncommissioned vessel of Her Majesty in right of Canada;

  • (b) tobacco or a tobacco product as defined in section 2 of the Tobacco and Vaping Products Act;

  • (c) manufactured article as defined in section 2 of the Hazardous Products Act; or

  • (d) wood or a product made of wood.

• (2) This Division, other than section 272, does not apply in respect of hazardous waste.

Safety Data Sheets and Labels in Respect of Certain Hazardous Products

261 Subject to section 271, every employer must comply with the same requirements as those set out in subsection 258(1) 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 on board a vessel;

• (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.

Supplier Safety Data Sheets

• 262 (1) If a hazardous product, other than a hazardous product referred to in paragraph 261(c), is received by an employer on board a vessel, the employer must, at the time the hazardous product is received, 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 on board a vessel is three years old or more, the employer must, 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 must 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 the employer is aware.

• (4) The employer is exempt from the requirements of subsection (1) if a laboratory sample of a hazardous product is received on board a vessel 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

• 263 (1) Subject to section 271, if an employer produces on board a vessel a hazardous product other than a fugitive emission or an intermediate product undergoing reaction within a reaction or process vessel, the employer must prepare a work place safety data sheet in respect of the hazardous product.

• (2) Subject to section 271, if an employer receives a supplier safety data sheet, the employer may prepare a work place safety data sheet to be used on board a vessel 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 on board the vessel 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 on the vessel.

• (3) An employer must 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 must, 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

• 264 (1) Every employer must, 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.

• (2) The work place safety data sheet and supplier safety data sheet must 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

• 265 (1) Subject to sections 266 to 268, each hazardous product, other than a hazardous product referred to in paragraph 261(c), that is on board a vessel and is intended for use on that vessel and each container in which the hazardous product is contained on board a vessel must, if the hazardous product or the container is received from a supplier, have applied to it a supplier label.

• (2) Subject to sections 266 to 268 and 271, if a hazardous product, other than a hazardous product referred to in paragraph 261(c), is received from a supplier and an employer places the hazardous product on board a vessel in a container other than the container in which it was received from the supplier, the employer must 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 on board the vessel.

• (3) Subject to sections 266 to 268, if an employer produces on board a vessel a hazardous product, other than a fugitive emission, and the hazardous product is not in a container, the employer must 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 on board the vessel.

• (4) Subject to sections 266 to 268, if an employer produces on board a vessel a hazardous product, other than a fugitive emission, and places the hazardous product in a container, the employer must apply a work place label to the container that discloses the information referred to in paragraphs (3)(a) to (c).

• (5) Subject to sections 270 and 271, a person must not remove, deface, modify or alter the supplier label applied to

  • (a) a hazardous product that is on board a vessel; or

  • (b) the container of a hazardous product that is on board a vessel.

Portable Containers

266 If an employer stores a hazardous product on a vessel in a container that has applied to it a supplier label or a work place label, a portable container filled from that container does not have to be labelled in accordance with section 265 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

267 An employer must, 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) a bulk shipment that is not placed in a container on the vessel; or

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

Laboratories

• 268 (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 265 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 265 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 on board a vessel, the employer is exempt from the requirements set out in section 265 and subparagraph 266(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 265 if a laboratory sample of a hazardous product is received at the work place from a supplier who is exempted by the Hazardous Products Regulations from the requirement to provide a label for that product.

Signs

269 The information disclosed on a sign referred to in subsection 265(3), section 267 or paragraph 272(b) must be of a size that is clearly legible to the employees in the work place.

Replacing Labels

• 270 (1) If, on board a vessel, 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 must 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 on board the vessel.

• (2) An employer must 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

• 271 (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 must 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 must, 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

• 272 (1) If a hazardous product on board a vessel is hazardous waste, the employer must 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 must 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

273 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.

PART 21Hazardous Occurrence Recording and Reporting

Interpretation

274 In this Part, minor injury means an employment injury or an occupational disease for which first aid or medical treatment is provided, other than a disabling injury.

Application

274.1 This Part does not apply in respect of occurrences of harassment and violence in the work place.

Employee Report

275 If an employee becomes aware of an accident or other hazardous occurrence arising in the course of or in connection with their work that has caused or is likely to cause injury to that employee or to any other person, the employee must, without delay, report the accident or occurrence to the employer.

Investigation

276 If an employer becomes aware of an accident, occupational disease or other hazardous occurrence affecting any of their employees in the course of employment, the employer must, without delay,

• (a) appoint a qualified person to conduct an investigation of the hazardous occurrence;

• (b) notify the work place committee or the health and safety representative, as the case may be, of the hazardous occurrence and of the name of the person appointed to investigate it; and

• (c) take necessary measures to prevent a recurrence of the hazardous occurrence.

Immediate Report to Head of Compliance and Enforcement

277 The employer must report to the Head of Compliance and Enforcement the date, time, location and nature of any accident, occupational disease or other hazardous occurrence that has one of the following results, as soon as feasible but not later than 24 hours after becoming aware of that result:

• (a) the death of an employee;

• (b) a missing employee;

• (c) a disabling injury to two or more employees;

• (d) an employee’s loss of consciousness as a result of an electric shock, a toxic atmosphere or an oxygen deficient atmosphere;

• (e) an employee’s loss of a body member or a part of one or the complete loss of the usefulness of a body member or a part of one;

• (f) the permanent impairment of an employee’s body function;

• (g) a fire or an explosion;

• (h) damage to a boiler or pressure vessel that results in fire or the rupture of the boiler or pressure vessel; or

• (i) damage to a persons transfer apparatus that renders it unserviceable, or a free fall of a persons transfer apparatus.

• (j) [Repealed, SOR/2020-130, s. 52]

Minor Injury Record

• 278 (1) Every employer must keep a record of each minor injury of which the employer is aware that is sustained by an employee in the course of employment.

• (2) The record must contain

  • (a) the date, time and location of the occurrence that resulted in the minor injury;

  • (b) the name of the employee affected;

  • (c) a brief description of the minor injury;

  • (d) the causes of the minor injury; and

  • (e) a description of the first aid or medical treatment given to the employee, if applicable.

Written Report

• 279 (1) If the investigation referred to in section 276 discloses that a hazardous occurrence resulted in the death of an employee, a missing employee, a disabling injury to an employee or an employee’s loss of consciousness as a result of electric shock or a toxic or oxygen deficient atmosphere, the employer must prepare a report in writing that includes the following information:

  • (a) the type of result of the hazardous occurrence;

  • (b) the employer’s name, mailing address and telephone number;

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

  • (d) the weather conditions at the time of the hazardous occurrence;

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

  • (f) the supervisor’s name;

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

  • (h) a description of what happened;

  • (i) a description and estimated cost of property damage, if any;

  • (j) for each injured employee, the employee’s name, date of birth, sex, years of experience in the occupation, a description of the injury, whether the employee was evacuated and the direct cause of the injury;

  • (k) the training in accident prevention given to each injured employee in relation to the duties the employee performed at the time of the hazardous occurrence;

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

  • (m) any corrective action taken or to be taken and the date of its implementation;

  • (n) measures taken or to be taken for the purpose of complying with the Act, in addition to those required by the regulations;

  • (o) the name of the person investigating the hazardous occurrence, their title, telephone number, signature and the date of their signature; and

  • (p) the name of the work place committee member or health and safety representative who participated in the investigation of the hazardous occurrence, their title, telephone number, signature and the date of their signature.

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

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

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

Annual Report

• 280 (1) Every employer must, not later than March 1 in each year, submit to the Head of Compliance and Enforcement a written report that sets out the number of accidents, instances of occupational disease and other hazardous occurrences of which the employer is aware that have affected any employee in the course of employment during the 12-month period ending on December 31 of the preceding year.

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

  • (a) the year for which the report is submitted;

  • (b) the employer identification number;

  • (c) the work place address;

  • (d) the number of disabling injuries;

  • (e) the number of deaths;

  • (f) the number of minor injuries;

  • (g) the number of other hazardous occurrences;

  • (h) the total number of employees;

  • (i) the number of office employees;

  • (j) the total number of hours worked;

  • (k) the submitting officer’s name and title;

  • (l) the date of submission; and

  • (m) the telephone number.

Retention of Reports and Records

281 Every employer must keep a copy of each report and record referred to in this Part for a period of 10 years after the day on which they are made.

PART 22Repeal and Coming into Force

Repeal

282 [Repeal]

Coming into force

283 These Regulations come into force on the day on which they are registered.