On Board Trains Occupational Health and Safety Regulations (SOR/87-184)

1 [Repealed, SOR/2015-143, s. 2]

PART IGeneral

Interpretation

1.1 In these Regulations,

Act

Act means Part II of the Canada Labour Code; (Loi)

CSA

CSA means the Canadian Standards Association; (CSA)

Commission

Commission[Repealed, SOR/95-105, s. 3]

dangerous substance

dangerous substance[Repealed, SOR/88-200, s. 1]

electrical equipment

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

first aid

first aid[Repealed, SOR/2015-143, s. 3]

maintenance of way equipment

maintenance of way equipment means track motor cars and other rolling stock used for maintaining rails and tracks; (véhicule d’entretien)

medical practitioner

medical practitioner[Repealed, SOR/88-200, s. 1]

on-board accommodation

on-board accommodation means living, eating or sleeping quarters provided on rolling stock by an employer for the accommodation of employees; (logement à bord)

oxygen deficient atmosphere

oxygen deficient atmosphere means an atmosphere in which there is less than 18% by volume of oxygen at a pressure of one atmosphere or in which the partial pressure of oxygen is less than 135 mm Hg; (air à faible teneur en oxygène)

protection equipment

protection equipment means safety materials, equipment, devices and clothing; (équipement de protection)

qualified person

qualified person means, in respect of a specified duty, a person who, because of his knowledge, training and experience, is qualified to perform that duty safely and properly; (personne qualifiée)

regional safety officer

regional safety officer[Repealed, SOR/2014-148, s. 15]

rolling stock

rolling stock means a locomotive, caboose, self-propelled car, box car, tank car, maintenance of way equipment, snow-plow, flanger and other mobile equipment designed to move on wheels on rails or tracks; (matériel roulant)

toilet room

toilet room means a room that contains a toilet. (cabinet de toilette)

Prescription

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

Application

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

1.3 These Regulations apply in respect of employees on trains while in operation and in respect of all persons granted access to such trains by the employer.

Records and Reports

1.4 An employer shall keep health and safety records and records of exposure to hazardous substances in such a manner that the records are readily available for examination by the Head of Compliance and Enforcement and by the policy committee or, if there is no policy committee, the work place committee or the health and safety representative for the work place to which they apply.

Inconsistent Provisions

1.5 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 of these Regulations shall prevail to the extent of the inconsistency.

1.6 [Repealed, SOR/2015-143, s. 5]

PART IIElevating Devices

Interpretation

2.1 In this Part, elevating device means an escalator, elevator or other device for moving passengers or freight and that is installed on rolling stock. (appareil de levage)

Use and Operation

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

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

• (2) Subject to subsection (3), no safety device attached to an elevating device shall be altered, interfered with or rendered inoperative.

• (3) Subsections (1) and (2) do not apply to an elevating device or a safety device that is being inspected, tested, repaired or maintained by a qualified person.

Inspection and Testing

2.4 Every elevating device and every safety device attached thereto shall be inspected and tested by a qualified person to determine that it is in a safe operating condition and is capable of carrying any load that is likely to be imposed on it

• (a) before the elevating device and the safety device attached to it are operated;

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

• (c) once every 12 months.

• 2.5 (1) A record of each inspection and test made in accordance with section 2.4 shall

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

  • (b) include the date of the inspection and test and the identification and location of the elevating device and safety device that were inspected and tested; and

  • (c) set out the observations of the qualified person inspecting and testing the elevating device and safety device on the safety of the devices.

• (2) Every record referred to in subsection (1) shall be kept by the employer for a period of two years after the date on which it is signed in accordance with paragraph (1)(a).

Repair and Maintenance

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

PART IIILighting

Interpretation

• 3 (1) The following definitions apply in this Part.

  task position

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

  VDT

  VDT means a visual display terminal. (TEV)

• (2) For the purposes of this Part, 1 lx is equal to 0.0929 foot candle.

General

• 3.1 (1) The levels of lighting prescribed in this Part shall, if feasible, be provided by a lighting system installed by the employer.

• (2) If it is not feasible to comply with subsection (1), the employer shall provide portable lanterns that give the prescribed levels of lighting.

Measurement of Levels of Lighting

3.2 For the purposes of this Part, the average level of lighting at a task position or in an area shall be determined

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

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

Minimum Levels of Lighting

3.3 The level of lighting in an area referred to in Column I of an item of Schedule I to this Part shall be not less than the level set out in Column II.

3.4 The level of lighting in an area referred to in Column I of an item of Schedule II to this Part shall be not less than the level set out in Column II.

Lighting — VDT

• 3.4.1 (1) The average level of lighting at a task position set out in Column I of Schedule III to this Part shall not be more than the level set out in Column II.

• (2) Reflection glare on a VDT screen shall be limited so that an employee at a task position is able to

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

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

Emergency Lighting

• 3.5 (1) Where there is a failure in the lighting system in an area through which an employee passes in carrying out procedures referred to in paragraph 13.7(2)(a), emergency lighting shall be available in the area for immediate use.

• (2) The emergency lighting referred to in subsection (1) shall

  • (a) if feasible, operate automatically in the event of a failure of the lighting system; and

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

PART IVLevels of Sound

Interpretation

4.1 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’s International Standard IEC 61672-1, first edition 2002-05, entitled 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 the level equal to 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 requirements set out in the International Electrotechnical Commission’s International Standard IEC 61672-1, first edition 2002-05, entitled Electroacoustics – Sound Level Meters. (sonomètre)

sound pressure level

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

Measurement and Calculation of Exposure

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

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

  • (b) meets the requirements for such an instrument set out in clause 4 of that Standard.

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

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

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

Hazard Investigation

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

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

  • (b) notify the work place committee or the health and safety representative of the investigation and the qualified person’s name.

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

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

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

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

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

  • (d) whether the exposure of the employee is likely to exceed the limits set out in section 4.4; and

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

• (4) On completing the investigation and after consulting with the work place committee or the health and safety representative, the qualified person shall make, sign and date a written report that contains their

  • (a) observations respecting the matters set out in subsection (3);

  • (b) recommendations respecting the measures that should be taken in order to comply with sections 4.4 to 4.8; and

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

• (5) The employer shall keep the report at a location that is accessible to affected employees for a period of 10 years after the date of the report.

• (6) If the report states that an employee is likely to be exposed to a noise exposure level (L_ex,8) of 84 dBA or more, the employer shall, without delay,

  • (a) post and keep posted a copy of the report in a conspicuous place accessible to the employee; and

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

Limits of Exposure

4.4 No employee in a work place shall be exposed

• (a) in any 24-hour period, to an A-weighted sound pressure level set out in column I of the schedule to this Part for a duration of exposure that exceeds the applicable duration set out in column II; or

• (b) at any time, to a noise exposure level (L_ex,8) of more than 87 dBA.

Reduction of Sound Exposure

4.5 If feasible, every employer shall, by engineering controls or other physical means other than hearing protectors, reduce an employee’s exposure to a sound level that does not exceed the limits referred to in section 4.4.

Report to Head of Compliance and Enforcement

4.6 If it is not feasible for an employer, without providing hearing protectors to maintain an employee’s exposure to a sound level that does not exceed the limits referred to in section 4.4, the employer shall, without delay,

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

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

Hearing Protection

• 4.7 (1) If an employer is required to make a report in accordance with section 4.6, the employer shall, as soon as feasible, provide every employee who is exposed to the sound level referred to in section 4.4 with a hearing protector that

  • (a) meets the requirements set out in CSA Standard CAN/CSA-Z94.2-02, Hearing Protection Devices – Performance, Selection, Care, and Use, as amended from time to time; and

  • (b) prevents the exposure to the sound level referred to in section 4.4.

• (2) If an employer provides a hearing protector to an employee, the employer shall, in consultation with the work place committee or the health and safety representative, develop a program to train the employee in the fit, care and use of the hearing protector and shall implement the program.

• (3) If an employer grants a person who is not an employee access to a work place where the person is likely to be exposed to a sound level that exceeds the limits referred to in section 4.4, the employer shall ensure that the person uses a hearing protector that meets the standard referred to in paragraph (1)(a).

Warning Signs

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

• (2) In order to determine whether an employee may be exposed to an A-weighted sound pressure level of more than 87 dBA at a work place, the measurement of the A-weighted sound pressure level shall be performed instantaneously, during normal working conditions, using the slow response setting of a sound level meter.

PART VElectrical Safety

Interpretation

5.1 In this Part,

control device

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

guarded

guarded means, in respect of electrical equipment, equipment that is

• (a) covered, shielded, enclosed or otherwise protected in a manner that prevents injury to an employee who touches or goes near the equipment, or

• (b) in a place inaccessible to employees. (protégé)

Safety Procedures

• 5.2 (1) Where work, other than the work referred to in subsection (2), is performed on electrical equipment, the employer shall adopt and implement Part VIII of the Canada Occupational Health and Safety Regulations.

• (2) Where an employee is required to throw switches, change light bulbs or fuses or perform other work that requires no electrical training, the following procedures apply:

  • (a) where electrical equipment is live or may become live, no employee shall work on the equipment unless the employer has instructed the employee in procedures that are safe for work on live conductors;

  • (b) subject to paragraph (c), where an employee is working on or near electrical equipment that is live or may become live, the electrical equipment shall be guarded; and

  • (c) if it is not feasible for electrical equipment referred to in paragraph (b) to be guarded, the employer shall take measures to protect the employee from injury by insulating the equipment from the employee or the employee from the ground.

Switches and Control Devices

• 5.3 (1) Every control device shall be so designed and located as to permit quick and safe operation at all times.

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

• (3) Where an electrical switch or other 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 shall be fitted with a locking device that only the authorized person can activate.

PART VISanitation

Interpretation

6.1 In this Part, food preparation area includes an area used for the storage of food.

General

• 6.2 (1) Every employer shall maintain each on-board accommodation and food preparation area used by employees in a clean and sanitary condition.

• (2) On-board accommodation and food preparation areas shall be so used by employees that the accommodation or areas remain as clean and in as sanitary a condition as is possible.

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

6.4 All on-board accommodation and toilet rooms shall be constructed and maintained in a manner that prevents adverse health and safety conditions.

• 6.5 (1) In rolling stock on which there is on-board accommodation, the food preparation area shall be separated from the sleeping quarters.

• (2) In every on-board accommodation,

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

  • (b) potable water, heating, ventilation and sanitary sewage systems shall be provided.

• 6.6 (1) Each garbage container that is used for solid or liquid waste in a work place shall

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

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

  • (c) be leak-proof.

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

• 6.7 (1) An employer shall ensure that each enclosed part of a work place and each on-board accommodation, toilet room and food preparation area is constructed, equipped and maintained in a manner that will prevent the entrance of vermin.

• (2) If vermin enter any enclosed part of a work place or any on-board accommodation, toilet room or food preparation area, the employer shall without delay take all steps necessary to eliminate the vermin and prevent any further entries.

6.8 No person shall use on-board accommodation, a toilet room or a food preparation area for the purpose of storing equipment unless

• (a) a storage closet fitted with a door is provided in the on-board accommodation, toilet room or food preparation area; or

• (b) the equipment is secured in a manner that protects employees from injury.

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

• 6.10 (1) In each on-board accommodation, toilet room and food preparation area, the floors, partitions and walls shall be so constructed that they can be easily washed and maintained in a sanitary condition.

• (2) The floor and lower 150 mm of any walls and partitions that are in contact with the floor in any food preparation area or toilet room shall be water-tight and impervious to moisture.

Toilet Rooms

• 6.11 (1) If feasible, every employer shall provide a toilet room on rolling stock, other than rolling stock designed for transporting freight and maintenance of way equipment.

• (2) If it is not feasible to provide a toilet room in accordance with subsection (1), the employer shall provide a toilet room that is readily accessible to employees and is

  • (a) off the rolling stock; or

  • (b) coupled to the rolling stock.

6.12 Every toilet room shall be fitted on the inside with a locking device that can be opened from the outside in an emergency.

• 6.13 (1) Subject to subsection (2), where a toilet room is provided pursuant to section 6.11 and employees of both sexes are employed at the same work place, an employer shall provide a separate toilet room for employees of each sex.

• (2) An employer may provide only one toilet room for employees of both sexes if the toilet room is completely enclosed with solid material that is non-transparent from the outside.

• (3) Where separate toilet rooms are provided for employees of each sex, each toilet room shall be equipped with a door that is clearly marked to indicate the sex of the employees for whom the room is provided.

• 6.14 (1) Subject to subsection (2), the toilet provided in a toilet room shall

  • (a) in the case of a locomotive, be of the self-contained chemical flush type; and

  • (b) in the case of a caboose, be of such a type and construction that waste is not deposited on the track bed or on any part of the caboose.

• (2) Outside flush or dryhopper type toilets that are suitable for year-round use may be used in a locomotive or caboose if they were installed in that locomotive or caboose prior to May 1, 1969.

• 6.15 (1) Subject to subsection (2), every toilet room shall be provided with

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

  • (b) hand cleaning and drying supplies.

• (2) An employer may provide toilet paper and hand cleaning and drying supplies to each individual employee.

• (3) In or adjacent to every toilet room, a non-combustible container shall be provided for the disposal of hand cleaning and drying supplies.

• (4) The employer shall provide the following in each toilet room:

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

  • (b) a covered container or bag that is impervious to moisture, for the disposal of menstrual products.

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

6.16 Every employer shall, if feasible, provide at each washbasin in a toilet room hot and cold running water.

6.17 Hot water that is provided to employees for personal washing shall be maintained at a temperature of not less than 35°C and not more than 43°C and shall not be heated by mixing with steam.

6.18 In every toilet room that contains a washbasin, the employer shall provide soap or another cleaning agent in a dispenser at the washbasin.

Potable Water

6.19 Potable water that is provided to employees for drinking, personal washing and food preparation shall meet the standards set out in the Guidelines for Canadian Drinking Water Quality – Summary Table, prepared by the Federal-Provincial-Territorial Committee on Drinking Water of the Federal-Provincial-Territorial Committee on Health and the Environment and published by the Department of Health, as amended from time to time.

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

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

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

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

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

• (d) where the container is not a single-use storage container, water shall be drawn from it 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.

6.22 Except where drinking water is supplied by a drinking fountain or a single-use portable storage container, sanitary single-use drinking cups shall be provided.

6.23 Any ice that is added to drinking water or used for the contact refrigeration of foodstuffs shall be

• (a) made from potable water; and

• (b) stored and handled in a manner that prevents contamination.

6.24 [Repealed, SOR/2015-143, s. 26]

Preparation, Handling, Storage and Serving of Food

6.25 [Repealed, SOR/2015-143, s. 27]

6.26 [Repealed, SOR/2015-143, s. 27]

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

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

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

• (a) designed to be easily cleaned;

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

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

6.29 No person shall eat, prepare or store food

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

• (b) in a toilet room; or

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

Food Waste and Garbage

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

• (2) The employer shall ensure that an employee who is responsible for handling food waste and garbage or for removing it from a food preparation area does so in accordance with subsections (3) to (5).

• (3) Wet food waste and garbage shall be

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

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

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

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

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

Ventilation

• 6.31 (1) Subject to subsection (2), if feasible, the exhaust system for on board accommodation, a toilet room or a food preparation area

  • (a) shall be of a mechanical type; and

  • (b) shall not be connected with any other exhaust or air supply system.

• (2) The exhaust system for on-board accommodation, a toilet room or a food preparation area may be connected to the exhaust duct of another room at the exhaust fan inlet if it is connected in such a manner that an exchange of air between those rooms or areas cannot occur.

Clothing Storage

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

Sleeping Quarters

6.33 In any on-board accommodation provided as sleeping quarters, each employee shall be provided with

• (a) a separate bed or bunk that is not part of a unit that is more than double-tiered and is so constructed that it can be easily cleaned and disinfected;

• (b) a mattress, pillow, blanket and bed cover that are kept in a clean and sanitary condition; and

• (c) at least once a week, clean laundered sheets and a pillow case.

PART VIIHazardous Substances

Interpretation

7.1 In this Part,

airborne asbestos fibres

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

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 7.20 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

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

DIVISION IGeneral

Records of Hazardous Substances

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

Hazard Investigation

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

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

  • (b) notify the work place committee or the health and safety representative of the investigation and the qualified person’s name.

• (2) In the investigation, the following matters shall be considered:

  • (a) the chemical, biological and physical properties of the hazardous substance;

  • (b) the routes of exposure to the hazardous substance;

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

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

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

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

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

  • (h) whether the concentration of an airborne chemical agent is likely to be greater than 50% of the value referred to in paragraph 7.20(1)(a) for that chemical agent or whether the level of ionizing or non-ionizing radiation is likely to be greater than any applicable limit referred to in subsection 7.23(2) or (3); and

  • (i) whether the level referred to in paragraph (g) is greater than any maximum applicable level set out in Part III or less than any minimum applicable level set out in that Part.

7.4 On completing the investigation and after consulting with the work place committee or the health and safety representative,

• (a) the qualified person shall make, sign and date a written report that contains their

  • (i) observations respecting the matters set out in subsection 7.3(2), and

  • (ii) recommendations respecting the measures that should be taken in order to comply with sections 7.6 to 7.23, including recommendations respecting sampling and testing methods; and

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

7.5 The employer shall keep the report for a period of 30 years after the date of the report.

Substitution of Substances

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

Ventilation

7.7 Every ventilation system used to control the concentration of an airborne hazardous substance shall be so designed, constructed and installed that

• (a) the concentration of the airborne hazardous substance does not exceed the values and percentages referred to in sections 7.20 and 7.21; and

• (b) if there is no value or percentage set out in respect of the airborne hazardous substance, its concentration is not hazardous to the health or safety of employees.

Storage, Handling and Use

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

7.9 Subject to section 7.11, if a hazardous substance is stored, handled or used in a work place, any hazard resulting from that storage, handling or use shall be confined to as small an area as possible.

7.9.1 Every container for a hazardous substance that is used in a work place shall be designed and constructed in such a way that it protects employees from any health or safety hazard that is caused by the hazardous substance.

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

7.11 If, in a work place, a hazardous substance is capable of combining with another substance to form an ignitable combination and there exists a hazard of ignition of the combination by static electricity, the employer shall comply with the standards set out in the 2007 edition of the United States National Fire Protection Association publication NFPA 77 entitled Recommended Practice on Static Electricity.

7.12 to 7.14 [Repealed, SOR/88-200, s. 7]

Assembly of Pipes

7.15 Every assembly of pipes, pipe fittings, valves, safety devices, pumps, compressors and other fixed equipment that is used for transferring a hazardous substance from one location to another shall be

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

• (b) fitted with valves and other control and safety devices to ensure its safe operation; and

• (c) adequate for its intended purpose having regard to the corrosiveness, pressure, temperature and other properties of the hazardous substance transferred therein.

Employee Education and Training

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

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

  • (a) the education and training of each employee who handles or is exposed to or who is likely to handle or be exposed to a hazardous substance, with respect to

    • (i) the product identifier of the hazardous substance,

    • (ii) all hazard information disclosed by the supplier or by the employer on a safety data sheet or label,

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

    • (iv) the observations referred to in subparagraph 7.4(a)(i),

    • (v) the information disclosed on a safety data sheet referred to in section 7.25 and the purpose and significance of that information, and

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

  • (b) the education and training of each employee who operates, maintains or repairs an assembly of pipes referred to in section 7.15, 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; and

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

    • (i) the procedures to follow to implement sections 7.8, 7.9 and 7.11,

    • (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 a hazardous substance in gas, liquid, solid, vapour, fume, mist, fog or dust form that escapes from processing equipment, from control emission equipment or from a hazardous substance into the work place.

• (3) An employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, review, and if necessary, revise the employee education and training program referred to in subsection (1)

  • (a) at least once a year;

  • (b) whenever there is a change in conditions in respect of the hazardous substances in the work place; and

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

7.17 [Repealed, SOR/88-200, s. 9]

• 7.18 (1) The employer shall keep a written record of the education and training given to each employee referred to in paragraphs 7.16(2)(a) to (c)

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

  • (b) for two years after the day on which the employee ceases

    • (i) to handle or be exposed to or to be likely to handle or be exposed to the hazardous substance, or

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

• (2) The record shall include the name of the employee who was educated and trained and the date of the education and training.

Medical Examinations

• 7.19 (1) Where the report referred to in section 7.4 contains a recommendation for a medical examination, the employer may consult a physician regarding that recommendation.

• (2) Where the employer

  • (a) consults a physician pursuant to subsection (1) and the physician confirms the recommendation for a medical examination, or

  • (b) does not consult a physician pursuant to subsection (1),

  the employer shall not permit an employee to work with 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) Where an employer consults a physician pursuant to subsection (1), the employer shall keep a copy of the decision of the physician with the report referred to in section 7.4.

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

Control of Hazards

• 7.20 (1) No employee shall be exposed to a concentration of

  • (a) an airborne chemical agent, other than airborne asbestos fibres, in excess of the value for that chemical agent adopted by the American Conference of Governmental Industrial Hygienists in its publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time; or

  • (b) an airborne hazardous substance, other than a chemical agent, that is hazardous to the health or safety of the employee.

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

• (2) If the concentration of an airborne chemical agent is likely to exceed the value referred to in paragraph (1)(a), or the concentration of airborne asbestos fibres is likely to exceed zero or that there is a concentration of an airborne hazardous substance that is hazardous to the health and safety of the employee, air samples shall be taken by a qualified person and the concentration of the chemical agent, airborne asbestos fibres or hazardous substance shall be determined

  • (a) in accordance with the standards set out in the United States National Institute for Occupational Safety and Health publication entitled NIOSH Manual of Analytical Methods, 5th edition, dated 2003;

  • (b) in accordance with a method used to collect and analyze 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

  • (c) if no specific standards for the chemical agent are set out in the publication referred to in paragraph (a) and no method that meets the requirements of paragraph (b) exists, in accordance with a scientifically proven method used to collect and analyze a representative sample of the chemical agent.

• (3) A record of each test made pursuant to subsection (2) shall be kept by the employer for three years after the date of the test.

• (4) A record referred to in subsection (3) shall 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.

• 7.21 (1) Subject to subsection (2), the concentration of an airborne chemical agent or combination of airborne chemical agents in a work place shall be less than 50 per cent of the lower explosive limit of the chemical agent or combination of chemical agents.

• (2) Where a source of ignition may ignite the concentration of an airborne chemical agent or combination of airborne chemical agents in a work place, that concentration shall not exceed 10 per cent of the lower explosive limit of the chemical agent or combination of chemical agents.

7.21.1 Compressed air, gas or steam shall 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 either a concentration of an airborne chemical agent that is in excess of the values referred to in paragraph 7.20(1)(a) or subsection 7.20(1.1) or a concentration of an airborne chemical agent or combination of airborne chemical agents that is in excess of the maximum concentration set out in subsection 7.21(1) or (2).

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

  • (a) asbestos; or

  • (b) another airborne chemical agent with an exposure limit referred to in paragraph 7.20(1)(a) that is lower than 1 mg/m³.

• (2) If compressed air is used to clean any other clothing,

  • (a) eye protectors that meet the standards set out in CSA Standard CAN/CSA-Z94.3-07, Eye and Face Protectors, as amended from time to time, shall be worn; and

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

7.22 [Repealed, SOR/2015-143, s. 39]

Ionizing and Non-ionizing Radiation

• 7.23 (1) If a device that is capable of producing and emitting energy in the form of ionizing or non-ionizing radiation is used in a work place, the employer shall apply the limits set out in Limits of Human Exposure to Radiofrequency Electromagnetic Energy in the Frequency Range from 3 kHz to 300 GHz – Safety Code 6 (2009), published by the Department of Health, as amended from time to time.

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

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

DIVISION IIHazardous Substances Other than Hazardous Products

Asbestos Exposure Management Program

Asbestos-containing Material

• 7.23.1 (1) If asbestos-containing material is present in a work place and there is the potential for a release of asbestos fibres or employee exposure to asbestos fibres, an employer shall ensure that the qualified person who is carrying out a hazard investigation under section 7.3 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 7.3, the employer shall ensure that a record of the location, friability and condition of the asbestos-containing material and the type of asbestos contained in that material is kept and made readily available for examination by employees and is in any form as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

Asbestos Exposure Control Plan

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

• (a) ensure that a hazardinvestigation under section 7.3 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.

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

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

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

Asbestos Dust, Waste and Debris Removal

• 7.23.4 (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 is completed:

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

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

• (2) All asbestos dust, waste or debris and any drop sheets that are contaminated with asbestos dust, waste or debris shall be placed in a container referred to in section 7.23.11.

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

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

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

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

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

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

Decontamination

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

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

  • (b) if their protective clothing is not to be reused, place the clothing in a container referred to in section 7.23.11.

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

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

Air Sampling

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

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

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

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

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

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

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

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

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

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

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

Clearance Air Sampling

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

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

• (3) Clearance air sampling shall be taken until the concentrations of airborne asbestos fibres do not exceed the values referred to in subsection 7.20(1.1).

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

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

• (b) make the results available to the policy committee, if any, the work place committee and the health and safety representative, and provide a copy of the results to the Head of Compliance and Enforcement.

Containers for Asbestos Dust, Waste and Debris

7.23.11 Containers for the containment of asbestos dust, waste and debris and asbestos-containing material shall be

• (a) dust-tight;

• (b) suitable to contain asbestos dust, waste or debris;

• (c) impervious to asbestos;

• (d) identified as containing asbestos dust, waste or debris;

• (e) cleaned with a damp cloth or a vacuum cleaner that is equipped with a HEPA filter immediately before being removed from the work area; and

• (f) removed from the work place frequently and at regular intervals as determined by a qualified person.

Identification

7.24 Every container of a hazardous substance, other than a hazardous product, that is stored, handled or used in the work place shall be labelled in a manner that discloses clearly

• (a) the name of the substance; and

• (b) the hazardous properties of the substance.

7.25 If a safety data sheet in respect of a hazardous substance, other than a hazardous product, that is stored, handled or used in the work place may be obtained from the supplier of the hazardous substance, the employer shall

• (a) obtain a copy of the safety data sheet; and

• (b) keep a copy of the safety data sheet readily available in the work place for examination by employees in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

DIVISION IIIHazardous Products

Interpretation

7.26 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)

hazardous waste

hazardous waste means a hazardous product that is acquired or generated for recycling or recovery or is intended for disposal. (résidu dangereux)

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 7.30(1). (fiche de données de sécurité du lieu de travail)

Application

• 7.27 (1) This Division does not apply in respect of any

  • (a) tobacco or a tobacco product as defined in section 2 of the Tobacco and Vaping Products Act;

  • (b) manufactured article as defined in section 2 of the Hazardous Products Act; or

  • (c) wood or a product made of wood.

• (2) This Division, other than section 7.38, does not apply in respect of hazardous waste.

Safety Data Sheets and Labels in Respect of Certain Hazardous Products

• 7.28 (1) Subject to subsection (2) and section 7.37, every employer shall implement the provisions of sections 7.24 and 7.25 in respect of a hazardous product and may, in so doing, replace the generic name of the product with the brand name, chemical name, common name or trade name, if the hazardous product

  • (a) is present in the work place;

  • (b) was received from a supplier; and

  • (c) is one of the following:

    • (i) a hazardous product, other than wood or a product made of wood, that is listed in Schedule 1 to the Hazardous Products Act,

    • (ii) a nuclear substance, as defined in section 2 of the Nuclear Safety and Control Act, that is radioactive.

• (2) All radioactive materials used in a work place shall be packaged, when not in use, in accordance with the requirements of the Transport Packaging of Radioactive Materials Regulations.

Supplier Safety Data Sheets

• 7.29 (1) If a hazardous product, other than a hazardous product referred to in paragraph 7.28(1)(c), is received in the work place by an employer, the employer shall, without delay, obtain a supplier safety data sheet in respect of the hazardous product from the supplier, unless the employer is already in possession of a supplier safety data sheet that

  • (a) is for a hazardous product that both has the same product identifier and is from the same supplier;

  • (b) discloses information that is current at the time that the hazardous product is received; and

  • (c) was prepared and dated less than three years before the day on which the hazardous product is received.

• (2) If the supplier safety data sheet in respect of a hazardous product in a work place is three years old or more, the employer shall, if feasible, obtain from the supplier a current supplier safety data sheet.

• (3) If it is not feasible for an employer to obtain a current supplier safety data sheet, the employer shall update the hazard information on the most recent supplier safety data sheet that the employer has received, on the basis of the ingredients disclosed on that supplier safety data sheet and on the basis of any significant new data that becomes available to the employer.

Work Place Safety Data Sheets

• 7.30 (1) Subject to section 7.37, if an employer receives a supplier safety data sheet, the employer may prepare a work place safety data sheet to be used in the work place in place of the supplier safety data sheet if

  • (a) the work place safety data sheet discloses at least the information disclosed on the supplier safety data sheet;

  • (b) the information disclosed on the work place safety data sheet does not disclaim or contradict the information disclosed on the supplier safety data sheet;

  • (c) the supplier safety data sheet is readily available for examination by the employees in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative; and

  • (d) the work place safety data sheet discloses that the supplier safety data sheet is available in the work place.

• (2) An employer shall review the accuracy of the information disclosed on a work place safety data sheet referred to in subsection (1) and update it as soon as feasible after new hazard information or significant new data becomes available to the employer.

• (3) If the information required to be disclosed on the work place safety data sheet is not available or not applicable to the hazardous product, the employer shall, in place of the information, insert the words “not available” or “not applicable”, as the case may be, in the English version and the words “non disponible” or “sans objet”, as the case may be, in the French version, of the work place safety data sheet.

Availability of Safety Data Sheets

• 7.31 (1) Every employer shall, in any work place in which an employee is likely to handle or be exposed to a hazardous product, keep readily available a copy of the work place safety data sheet or the supplier safety data sheet, as the case may be, in English and in French, for examination by employees and by any policy committee, work place committee or health and safety representative.

• (2) The work place safety data sheet and supplier safety data sheet shall be made available in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

Labels

• 7.32 (1) Subject to sections 7.33 and 7.34, each hazardous product, other than a hazardous product referred to in paragraph 7.28(1)(c), in a work place that is intended for use in the work place and each container in which the hazardous product is contained in a work place shall, if the hazardous product or the container was received from a supplier, have applied to it a supplier label.

• (2) Subject to sections 7.33, 7.34 and 7.37, if a hazardous product, other than a hazardous product referred to in paragraph 7.28(1)(c), is received from a supplier and an employer places the hazardous product in the work place in a container other than the container in which it was received from the supplier, the employer shall apply to the container a supplier label or work place label that discloses the following information:

  • (a) the product identifier;

  • (b) the hazard information in respect of the hazardous product; and

  • (c) a statement indicating that a safety data sheet for the hazardous product is available in the work place.

• (3) Subject to sections 7.36 and 7.37, no person shall remove, deface, modify or alter the supplier label applied to

  • (a) a hazardous product that is in the work place; or

  • (b) the container of a hazardous product that is in the work place.

Portable Containers

7.33 Where an employer stores a hazardous product in the work place in a container that has applied to it a supplier label or a work place label, a portable container filled from that container does not have to be labelled in accordance with section 7.32 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

7.34 An employer shall, in a conspicuous place near a hazardous product, post a sign in respect of the hazardous product that discloses the product identifier if the hazardous product is

• (a) in a bulk shipment that is not placed in a container at the work place; or

• (b) not in a container and stored in bulk.

Signs

7.35 The information disclosed on a sign referred to in section 7.34 or paragraph 7.38(b) shall be of such a size that it is clearly legible to the employees in the work place.

Replacing Labels

• 7.36 (1) If, in a work place, a label applied to a hazardous product or the container of a hazardous product becomes illegible or is removed from the hazardous product or the container, the employer shall replace the label with a work place label that discloses the following information:

  • (a) the product identifier;

  • (b) the hazard information in respect of the hazardous product; and

  • (c) a statement indicating that a safety data sheet for the hazardous product is available in the work place.

• (2) An employer shall review the accuracy of the information on a work place label and update it as soon as feasible after new hazard information or significant new data becomes available to the employer.

Exemptions from Disclosure

• 7.37 (1) Subject to subsection (2), if an employer has filed a claim for exemption from the requirement to disclose information on a safety data sheet or on a label under subsection 11(2) of the Hazardous Materials Information Review Act, the employer shall disclose, in place of the information that the employer is exempt from disclosing,

  • (a) if there is no final disposition of the proceedings in relation to the claim, the date on which the claim for exemption was filed and the registry number assigned to the claim under section 10 of the Hazardous Materials Information Review Regulations; and

  • (b) if the final disposition of the proceedings in relation to the claim is that the claim is valid, a statement that an exemption has been granted and the date on which the exemption was granted.

• (2) If a claim for exemption is in respect of a product identifier, the employer shall, on the safety data sheet or label of the hazardous product, disclose, in place of that product identifier, a code name or code number specified by the employer as the product identifier for that hazardous product.

Hazardous Waste

• 7.38 (1) If a hazardous product in the work place is hazardous waste, the employer shall disclose the generic name and hazard information in respect of the hazardous product by

  • (a) applying a label to the hazardous waste or its container; or

  • (b) posting a sign in a conspicuous place near the hazardous waste or its container.

• (2) The employer shall provide education and training to employees regarding the safe storage and handling of hazardous waste that is found in the work place.

Information Required in a Medical Emergency

7.39 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.

DIVISION IV[Repealed, SOR/95-105, s. 32]

PART VIIISafety Materials, Equipment, Devices and Clothing

8.1 [Repealed, SOR/2015-143, s. 40]

General

8.2 Every person granted access to the work place who is exposed to a health or safety hazard in a work place shall use the protection equipment prescribed by this Part, if

• (a) it is not feasible to eliminate that hazard or to control it within safe limits, and

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

8.3 All protection equipment

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

• (b) shall not in itself create a hazard.

8.4 All protection equipment provided by the employer shall

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

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

Protective Headwear

8.5 If there is a hazard of head injury in a work place, protective headwear that meets the standards set out in CSA Standard CAN/CSA-Z94.1-05, Industrial Protective Headwear – Performance, Selection, Care, and Use, as amended from time to time, shall be used.

Protective Footwear

• 8.6 (1) If there is a hazard of foot injury or electric shock through footwear in a work place, protective footwear that meets either the standards set out in CSA Standard CAN/CSA-Z195-09, Protective Footwear, as amended from time to time, or the standards set out in the American Society for Testing and Materials publication F2413-05, entitled Standard Specification for Performance Requirements for Foot Protection, dated 2005, shall be used.

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

Eye and Face Protection

8.7 If there is a hazard of injury to the eyes or face of an employee in a work place, the employer shall provide the employee with an eye or face protector that meets the standards set out in CSA Standard CAN/CSA-Z94.3-07, Eye and Face Protectors, as amended from time to time.

Respiratory Protection

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

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

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

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

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

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

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

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

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

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

8.9 [Repealed, SOR/2015-143, s. 43]

Skin Protection

8.10 Where there is a hazard of injury or disease to or through the skin of a person in a work place, the employer shall provide every person granted access to the work place with

• (a) a shield or screen;

• (b) a cream to protect the skin; or

• (c) an appropriate body covering.

Loose Clothing

8.11 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 shall not be worn unless they are tied, covered or otherwise secured as to prevent the hazard.

Protection Against Moving Vehicles

8.11.1 If an employee is regularly exposed to contact with moving vehicles during his or her work, the employer shall ensure that the employee wears high-visibility safety apparel that is readily visible under all conditions of use.

Records

• 8.12 (1) A record of all protection equipment provided by the employer shall be kept by the employer in the work place in which the equipment is located for a period of two years after the day on which the equipment ceases to be used.

• (2) The record referred to in subsection (1) shall contain

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

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

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

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

Instructions and Training

• 8.13 (1) Every person granted access to the work place who uses protection equipment shall be instructed by the employer in the use of the equipment.

• (2) Every employee who uses protection equipment shall be instructed and trained in the use, operation and maintenance of the equipment.

• (3) The instructions referred to in subsection (2) shall be

  • (a) set out in writing; and

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

Defective Protection Equipment

8.14 If an employee finds any defect in protection equipment that may render it unsafe for use, they shall report the defect to their employer as soon as feasible.

8.15 An employer shall mark or tag as unsafe and remove from service any protection equipment used by his employees that has a defect that may render it unsafe for use.

PART IXHand Tools and Materials Handling

Interpretation

9.1 In this Part, hand tool means a tool designed to be held in the hand and operated by manual power. (outil à main)

Instructions and Training

9.1.1 An employer shall provide every employee with instructions and training in the safe and proper inspection, maintenance and use of all hand tools that he or she is required to use and in the safe and proper handling of all materials that he or she is required to handle.

Hand Tools

9.2 If an employee finds any defect in a hand tool that may render it unsafe for use, they shall report the defect to their employer as soon as feasible.

9.3 An employer shall mark or tag as unsafe and remove from service any hand tool used by his employees that has a defect that may render it unsafe for use.

Manual Handling of Materials

9.4 [Repealed, SOR/2015-143, s. 48]

9.5 If an employee is required to manually lift or carry loads in excess of 10 kg, the employee shall be instructed and trained by the employer

• (a) in a safe method of lifting and carrying the loads; and

• (b) in a work procedure appropriate to the conditions of the work place and the employee’s physical condition.

9.6 Where an employee is required to manually lift or carry loads in excess of 45 kg, the instructions given to the employee in accordance with section 9.5 shall be

• (a) set out in writing;

• (b) readily available to the employee to whom they apply; and

• (c) kept by the employer for two years after the instructions cease to apply.

9.7 Where a hand cart is provided for use in a work place, it shall be

• (a) capable of carrying the intended load without tipping; and

• (b) where the hand cart is used for serving food or beverages, fitted with a braking mechanism to prevent uncontrolled movement of the hand cart.

PART XRolling Stock

DIVISION IDesign and Construction

General

10.1 Rolling stock shall, if feasible, be so designed and constructed that a failure of any part of the rolling stock will not result in loss of control of the rolling stock or create a hazardous condition.

Fuel Tanks

10.2 Where a fuel tank, compressed gas cylinder or similar container contains a hazardous substance and is mounted on rolling stock, it shall be

• (a) so located or protected 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 rolling stock; and

• (b) connected to fuel overflow and vent pipes that are so located 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 an employee who is required to operate or ride on the rolling stock.

Protection from Elements

• 10.3 (1) Rolling stock shall be fitted with a roof or other structure that protects the operator from exposure to any weather condition that may be hazardous to the operator’s health or safety.

• (2) If heat that is produced by self-propelled rolling stock may raise the temperature in the operator’s compartment or position to 27°C or higher, measured 1 m above the floor in the centre of the compartment, the compartment or position shall be protected from the heat by an insulated barrier.

Vibration

10.4 All self-propelled rolling stock shall be so designed and constructed that the operator will not be injured or his control of the rolling stock impaired by any vibration, jolting or uneven movement of the rolling stock.

Controls

10.5 The arrangement and design of dial displays and the controls and general layout and design of the operator’s compartment or position on all self-propelled rolling stock shall not hinder or prevent the operator from operating the rolling stock.

Control Systems

10.6 All self-propelled rolling stock shall be fitted with braking and other control systems that

• (a) are capable of safely controlling and stopping the movement of the rolling stock or any accessory equipment that is on or part of the rolling stock; and

• (b) respond reliably and quickly to moderate effort on the part of the operator.

10.6.1 Locomotives and passenger train cab cars shall be fitted with braking and other control systems that operate automatically if the operator is incapacitated.

Electric Rolling Stock

10.7 Self-propelled rolling stock that is electrically powered shall be designed and maintained to protect employees from electrical shock.

Automatic Rolling Stock

10.8 Where rolling stock that is controlled or operated by a remote or automatic system may make physical contact with an employee, it shall be prevented from doing so by the provision of an emergency stop system.

10.8.1 Rolling stock that is operated by a controller unit shall be equipped with a system that is capable of initiating an emergency stop.

Self-propelled Rolling Stock Used to Transport Passengers

10.9 Where self-propelled rolling stock is used for transporting passengers or a locomotive is operated in an area occupied by employees, the rolling stock or locomotive shall be fitted with a horn or other audible warning device that emits a distinctive sound that can be heard clearly above the noise of that rolling stock or locomotive and any ambient noise.

10.9.1 Self-propelled rolling stock that is used for transporting passengers shall be fitted with emergency exits and with retro-reflective exterior signs and phosphorescent interior signs that clearly indicate the location of each emergency exit.

DIVISION IIMaintenance, Operation and Use

Inspection, Testing and Maintenance

• 10.10 (1) Before a class of rolling stock is operated for the first time in a work place, the employer shall set out in writing instructions for the inspection, testing and maintenance of that class of rolling stock.

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

• 10.11 (1) Every inspection, test and maintenance of rolling stock shall be performed by a qualified person.

• (2) The qualified person referred to in subsection (1) shall

  • (a) comply with the instructions referred to in subsection 10.10(1); and

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

• (3) The report referred to in paragraph (2)(b) shall

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

  • (b) identify the rolling stock that was inspected, tested or maintained; and

  • (c) set out the safety observations of the qualified person inspecting, testing or maintaining the rolling stock.

• (4) The employer shall keep a copy of the instructions referred to in subsection 10.10(1) for as long as the rolling stock is in use.

• (5) The employer shall keep a copy of the report referred to in paragraph (2)(b) for one year after the report is signed.

Operator Instruction and Training

• 10.12 (1) An employer shall provide every operator of self-propelled rolling stock with instruction and training in the procedures to be followed for its safe and proper use.

• (1.1) If an employer requires an operator to inspect or fuel rolling stock, the employer shall provide the operator with instruction and training in the procedures to be followed for its safe and proper inspection or fuelling, as the case may be.

• (2) Every employer shall keep a record of any instruction and training referred to in subsection (1) for as long as the operator remains in his employ.

Operation

10.13 No employer shall require an employee to operate self-propelled rolling stock unless the employee is capable of operating the rolling stock safely.

Repairs

10.14 Any repair, modification or replacement of a part of any rolling stock shall not decrease the safety of the rolling stock or part.

Transporting and Positioning of Employees

10.15 Rolling stock shall not be used for transporting or positioning an employee unless the rolling stock is designed for that purpose.

Employee Seating

10.16 Seating provided for employees on rolling stock, shall be securely installed and, if feasible, upholstered with a material that breathes.

Housekeeping

10.17 The floor and the cab and other occupied parts of rolling stock shall, if feasible, be kept free of any grease, oil, ice, materials, tools or equipment that may cause an employee to slip or trip.

Fuelling

10.18 An employer shall ensure that if an employee fuels rolling stock in a work place, he or she does the fuelling in accordance with the instruction and training referred to in subsection 10.12(1.1) in a place where the vapours from the fuel are readily dissipated.

Tools

10.19 Where tools, tool boxes or spare parts are carried on rolling stock, they shall be securely stored.

Divison IIIStorage of Materials

• 10.20 (1) All materials, goods and things shall be stored and placed in rolling stock in such a manner that the maximum safe load-carrying capacity of the floor of the rolling stock or other supporting structures is not exceeded.

• (2) An employee shall store and place materials, goods and other things in rolling stock in such a manner that

  • (a) the lighting is not reduced;

  • (b) there is no obstruction or encroachment of exits, corridors or other passageways;

  • (c) the safe operation of the rolling stock is not impeded;

  • (d) the ready access to or operation of portable fire fighting equipment is not interfered with;

  • (e) the operation of fixed fire fighting equipment is not interfered with; and

  • (f) there is no hazard to the health or safety of any employee.

DIVISION IVGeneral Requirements for Machine Guards

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

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

  • (b) prevents access by the employee to the area of exposure to the hazard during the operation of the machine; or

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

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

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

• 10.22 (1) Subject to subsection (2), where a machine guard is installed on a machine on rolling stock, no person shall use or operate the machine unless the machine guard is in its proper position.

• (2) A machine may be operated when the machine guard is not in its proper position in order to permit the repair of the machine or the removal of an injured person from the machine.

PART XIHazardous Occurrence Investigation, Recording and Reporting

Interpretation

11.1 In this Part,

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 the employee’s regular work on any day subsequent to the day on which the injury or disease occurred, whether or not that subsequent day is a working day for that employee,

• (b) results in the loss by an employee 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)

minor injury

minor injury means an employment injury or an occupational disease for which medical treatment is provided and excludes a disabling injury. (blessure légère)

Application

11.1.1 This Part does not apply in respect of occurrences of harassment and violence in the work place.

Report by Employee

11.2 The employee’s report of every accident or other occurrence arising in the course of their work that has caused injury to the employee or to any other person shall be made to the employer without delay, either orally or in writing.

Investigation

• 11.3 (1) If an employer becomes aware of an accident, occupational disease or other hazardous occurrence that affects an employee in the course of their work, the employer shall without delay

  • (a) take necessary measures to prevent a recurrence of the hazardous occurrence;

  • (b) appoint a qualified person to carry out an investigation of the hazardous occurrence; and

  • (c) report the occurrence and the name of the person appointed to investigate it to the work place committee or the health and safety representative.

• (2) If the hazardous occurrence referred to in subsection (1) is an accident that involves a motor vehicle on a public road and that is investigated by a police authority,

  • (a) the investigation shall be carried out by obtaining from that police authority a copy of its report respecting the accident; and

  • (b) as soon as feasible after receipt of the report, the employer shall provide a copy of the report to the work place committee or the health and safety representative.

Emergency Report

11.4 The employer shall report the date, time, location and nature of any accident, occupational disease or other hazardous occurrence referred to in subsection 11.3(1) by telephone to the Head of Compliance and Enforcement as soon as feasible but not later than 24 hours after becoming aware of the occurrence, if the occurrence results in

• (a) the death of an employee;

• (b) a disabling injury to two or more employees;

• (b.1) the loss by an employee of a body member or a part of it or the complete loss of the usefulness of a body member or a part of it;

• (b.2) the permanent impairment of a body function of an employee;

• (c) an explosion; or

• (d) damage to a boiler or pressure vessel that results in fire or the rupture of the boiler or pressure vessel.

Records

11.5 The employer shall, within 72 hours after a hazardous occurrence referred to in paragraph 11.4(d), record in writing

• (a) a description of the hazardous occurrence and the date, time and location of the occurrence;

• (b) the causes of the hazardous occurrence; and

• (c) the corrective action that was taken, if any.

Minor Injury Record

• 11.6 (1) Every employer shall keep a record of each minor injury of which he is aware that affects his employees in the course of employment.

• (2) A record made pursuant to subsection (1) shall 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; and

  • (d) the causes of the minor injury.

Written Report

• 11.7 (1) An employer shall make a report in writing, without delay, in the form set out in Schedule I to this Part setting out the information that is required by that form, including the results of the investigation referred to in paragraph 11.3(1)(b), if that investigation discloses that the hazardous occurrence resulted in any one of the following circumstances:

  • (a) the death of an employee;

  • (b) a disabling injury to an employee;

  • (c) an electric shock, toxic atmosphere or oxygen deficient atmosphere that caused an employee to lose consciousness;

  • (d) the implementation of rescue, revival or other similar emergency procedures;

  • (e) a fire or an explosion.

• (2) The employer shall submit a copy of the report referred to in subsection (1)

  • (a) without delay, to the work place committee or the health and safety representative; and

  • (b) within 14 days after the hazardous occurrence, to the Head of Compliance and Enforcement.

11.7.1 If an accident referred to in subsection 11.3(2) results in a circumstance referred to in subsection 11.7(1), the employer shall, within 14 days after the receipt of the police report respecting the accident, submit a copy of that report to the Head of Compliance and Enforcement.

Annual Report

11.8 An employer shall, not later than March 1 in each year, submit a written report to the Head of Compliance and Enforcement, in the form set out in Schedule III to this Part, setting out the number of accidents, occupational diseases and other hazardous occurrences of which the employer is aware that affected any employee in the course of their work during the 12-month period ending on December 31 of the preceding year.

Retention of Reports and Records

11.9 The employer shall keep a copy of

• (a) each report submitted under section 11.7.1 or 11.8 for a period of 10 years after the day on which the report is submitted to the Head of Compliance and Enforcement; and

• (b) the record or report referred to in section 11.5 or subsection 11.6(1) or 11.7(1) for a period of 10 years after the day on which the hazardous occurrence occurred.

SCHEDULE I / ANNEXE I(Section 11.7 / article 11.7)Hazardous Occurrence Investigation Report

Rapport d’enquête de situation comportant des risques

1. TYPE OF OCCURRENCE / GENRE DE SITUATION
□ Death / Mort	□ Loss of consciousness / Évanouissement
□ Disabling injury / Blessure invalidante	□ Fire or explosion / Incendie ou explosion
□ Rescue, revival or other similar emergency procedures / Mesures de sauvetage ou de réanimation ou toute autre mesure d’urgence semblable
2. Employer’s name and mailing address / Nom et adresse postale de l’employeur		Postal code / Code postal
		Telephone number / Numéro de téléphone
Site of hazardous occurrence / Lieu de la situation comportant des risques	Date and time of hazardous occurrence / Date et heure de la situation comportant des risques
	Weather / Conditions météorologiques
Witnesses / Témoins	Supervisor’s name / Nom du surveillant
3. Description of what happened / Description des circonstances
Brief description and estimated cost of property damage / Description sommaire et coût estimatif des dommages matériels
4. Injured employee’s name (if applicable) / Nom de l’employé blessé (s’il y a lieu)	Age / Âge	Occupation / Profession
		Years of experience in occupation / Nombre d’années d’expérience dans la profession
Description of injury / Description de la blessure	Sex / Sexe	Direct cause of injury / Cause directe de la blessure
Was training in accident prevention given to the injured employee in relation to duties performed at the time of the hazardous occurrence? / L’employé blessé a-t-il reçu une formation en prévention des accidents relativement aux fonctions qu’il exerçait au moment de la situation comportant des risques?
□ Yes / Oui□ No / NonSpecify / Préciser
5. Direct causes of hazardous occurrence / Causes directes de la situation comportant des risques
6. Corrective measures and date employer will implement / Mesures correctives qui seront appliquées par l’employeur et date de leur mise en oeuvre
Reasons for not taking corrective measures / Raisons pour ne pas prendre de mesures correctives
Supplementary preventive measures / Autres mesures de prévention
7. Name of person investigating / Nom de la personne faisant l’enquête	Signature		Date
Title / Titre	Telephone number / Numéro de téléphone
8. Work place committee’s or health and safety representative’s comments / Observations du comité local ou du représentant
Work place committee member’s or health and safety representative’s name / Nom du membre du comité local ou du représentant	Signature		Date
Title / Titre	Telephone number / Numéro de téléphone

• SOR/95-105, s. 53
• SOR/2015-143, s. 65

PART XIIFirst Aid

Interpretation

12.1 The following definitions apply in this Part.

approved organization

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

first aid certificate

first aid certificate means the certificate issued by either a qualified person or the organization that developed the training, as the case may be, for successful completion of a first aid course of at least one day that includes the subjects set out in subsection 12.7(1). (certificat de secourisme)

first aid station

first aid station means a place at which first aid supplies or equipment are stored. (poste de secours)

First Aid Stations

• 12.2 (1) An employer shall ensure that there is at least one first aid station located in every work place and that every first aid station is clearly identified by a conspicuous sign and is readily available and accessible during all working hours.

• (2) The employer shall inspect every first aid station at least monthly and ensure that its contents are maintained in a clean, dry and serviceable condition.

Communication of Information

12.3 The employer shall post and keep posted, or have readily available, in a conspicuous place accessible to every employee in each work place

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

• (b) the location of first aid stations; and

• (c) transport procedures for employees who have an injury, occupational disease or illness.

First Aid Supplies and Equipment

• 12.4 (1) The employer shall provide, for every first aid station, a first aid kit that includes the first aid supplies and equipment set out in the schedule to this Part and shall replenish the kit.

• (2) Medication shall not be stored in first aid kits.

• 12.5 (1) If there is a hazard of skin or eye injury because of the presence of a hazardous substance in a work place, the employer shall ensure that shower and eye-wash facilities are readily available and accessible to employees.

• (2) If it is not feasible to comply with subsection (1), the employer shall provide portable equipment that may be used instead of shower and eye-wash facilities.

• (3) If, due to adverse or extreme weather conditions, it is not feasible to comply with subsection (1) or (2), the employer shall provide personal protection equipment to all employees who are likely to be exposed to the hazardous substance.

Emergency Transportation

12.6 Before assigning employees to a work place, the employer shall

• (a) ensure that, for that work place, there is an ambulance service or other suitable means of transporting an employee who has an injury, occupational disease or illness to a hospital, medical clinic or physician’s office, at which emergency medical treatment can be dispensed; and

• (b) provide for that work place a means of quickly summoning the ambulance service or other suitable means of transportation.

Training

• 12.7 (1) An employer shall provide their employees with a one-day first aid course that includes the following subjects and that is given by a qualified person who holds a valid certification from an approved organization attesting that the person is competent to deliver first aid training:

  • (a) the provision of basic first aid and the employee’s role and obligations in relation to basic first aid;

  • (b) emergency scene management, including anti-contamination procedures;

  • (c) cardiopulmonary resuscitation;

  • (d) medical emergencies;

  • (e) shock and unconsciousness; and

  • (f) wounds and bleeding.

• (2) An employer shall ensure that all employees hold a valid first aid certificate.

• (3) First aid certificates are, for the purposes of this Part, valid for a maximum of three years from the date of issue.

Records

• 12.8 (1) An employee who renders first aid in accordance with this Part shall

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

    • (i) the date and time that the injury, occupational disease or illness is reported,

    • (ii) the full name of the employee who received first aid,

    • (iii) the date on which, and the time and location at which, the first aid was rendered,

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

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

    • (vi) a brief description of the arrangements made for the treatment or transportation of the employee who received first aid, and

    • (vii) the names of witnesses, if applicable;

  • (b) sign the first aid record beneath the information entered; and

  • (c) store the first aid record in the first aid kit.

• (2) The employer shall keep the first aid record for a period of two years beginning on the day of the last entry.

• (3) Persons who have access to first aid records shall keep the information that is contained in the records confidential, except as required for the purposes of meeting reporting obligations under Part XI.

• (4) On receiving a written request from a workers’ compensation authority for the province where the work place is located or from a physician, the employer shall provide an employee with a copy of the first aid record pertaining to the employee’s treatment.

• (5) The employer shall keep a record of the expiry date of each employee’s first aid certificate and shall make the record readily available to them.

PART XIIISafe Occupancy of the Work Place

Interpretation

13.1 In this Part, NFPA standard means the 2010 edition of the United States National Fire Protection Association publication entitled NFPA 10: Standard for Portable Fire Extinguishers.

Fire Extinguishers

• 13.2 (1) An employer shall install at least one portable fire extinguisher in rolling stock, other than rolling stock that is used to transport freight.

• (2) A portable fire extinguisher shall be a multi-purpose dry chemical extinguisher that

  • (a) complies with the NFPA standard; and

  • (b) has a rating of not less than 40-B:C if it is located in a locomotive and of not less than 2-A:10-B:C if it is located in any other work place.

13.3 An employer shall ensure that a portable fire extinguisher referred to in section 13.2 is

• (a) installed, inspected, used, maintained, repaired and tested in accordance with the NFPA standard; and

• (b) located so that it is readily accessible.

13.4 Instructions for the operation of a portable fire extinguisher referred to in section 13.2 shall be posted in a conspicuous place in close proximity to the fire extinguisher.

13.5 [Repealed, SOR/2015-143, s. 69]

13.6 A person who performs an inspection in accordance with paragraph 13.3(a) shall date and sign a record of the inspection and the employer shall keep the record for a period of two years from the day on which it is signed.

Emergency Procedures

• 13.7 (1) An employer shall, after consulting with the work place committee or the health and safety representative, prepare emergency procedures to be implemented

  • (a) if any person commits or threatens to commit an act, other than an occurrence of harassment and violence, that may be hazardous to the health or safety of the employer or any employees;

  • (b) where there is a possibility of an accumulation, spill or leak of a hazardous substance in a work place controlled by the employer, in the event of such an accumulation, spill or leak;

  • (c) in the event of an accident involving a train; and

  • (d) in the event of the failure of the lighting system of a train.

• (2) The emergency procedures referred to in subsection (1) shall contain

  • (a) a full description of the procedures to be followed, including the duties of his employees; and

  • (b) the location of the emergency equipment provided by the employer.

Moving and Coupling

13.8 Where there is an accumulation, spill or leak of a hazardous substance from rolling stock, no person other than a qualified person shall move the rolling stock or couple any other rolling stock to it.

Instructions and Training

13.9 Every employee shall be instructed and trained in

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

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

PART XIVHazard Prevention Program

14 Despite section 1.4 of the Canada Occupational Health and Safety Regulations, Part XIX of those Regulations applies in respect of employees on trains while in operation and in respect of all persons granted access to such trains by the employer, with the following modifications:

• (a) the reference to “section 15.3” in paragraphs 19.3(1)(e), 19.4(f) and 19.6(1)(c) is to be read as a reference to section 11.2 of these Regulations; and

• (b) the reference to “these Regulations” in paragraph 19.6(1)(d) is to be read as a reference to these Regulations.

15 [Repealed, SOR/2020-130, s. 45]