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

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]