Canada-Nova Scotia Offshore Marine Installations and Structures

Link to law: https://www.novascotia.ca/just/regulations/regs/coprisohstrans.htm

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Canada-Nova Scotia Offshore Marine Installations and Structures
Occupational Health and Safety Transitional Regulations

made under Section 202DV of the

Canada-Nova Scotia Offshore Petroleum Resources Accord

Implementation (Nova Scotia) Act

S.N.S. 1987, c. 3

O.I.C. 2014-532 (December 22, 2014, effective December 31, 2014), N.S. Reg. 229/2014

Citation

1     These regulations may be cited as the Canada-Nova Scotia Offshore Marine Installationsand Structures Occupational Health and Safety Transitional Regulations.

Part 1: Interpretation

Definitions for regulations

2     The following definitions apply in these regulations:

 

“Act” means Part IIIA of the Canada-Nova Scotia Offshore Petroleum ResourcesAccord Implementation (Nova Scotia) Act;

 

“advanced first aid certificate” means the certificate issued by an approvedorganization for the successful completion of a first aid course of at least 5 days’duration, other than a mariners’ first aid course;

 

“ANSI” means the American National Standards Institute;

 

“API” means the American Petroleum Institute;

 

“approved organization” means St. John Ambulance, the Canadian Red CrossSociety or the Workers’ Compensation Board of British Columbia;

 

“ASME” means the American Society of Mechanical Engineers;

 

“basket” means a personnel transfer basket;

 

“Canadian Electrical Code” means CSA standard CSA C22.1-2012 CanadianElectrical Code, Part I, published in 2012;

 

“CCBFC” means the Canadian Commission on Building and Fire Codes;

 

“committee” has the same meaning as [in] subsection 202A(1)(c) of theCanada-Nova Scotia Offshore Petroleum Resources Accord Implementation (NovaScotia) Act;

 

“CPR course” means a training course in cardiopulmonary resuscitation based on thepublication of the Journal of the American Medical Association entitled Standardsand Guidelines for Cardiopulmonary Resuscitation and Emergency Cardiac Care,dated 2001, as reprinted by the American Heart Association;

 

“CSA” means the Canadian Standards Association;

 

“drill floor” means, in respect of a drilling rig or drilling unit, the stable platformsurrounding the slip setting area that provides support for employees during drillingoperations;

 

“drilling rig” means the plant and associated support equipment used to make a holeor well by boring or other means for geophysical, exploration or productionpurposes;

 

“drilling unit” means a drillship, submersible, semi-submersible, barge, jack-up orother vessel used in drilling and includes a drilling rig and other related facilities;

 

“electrical equipment” means equipment for the generation, distribution or use ofelectricity;

 

“elevating device” means an escalator, elevator, basket or other device for movingpassengers or freight;

 

“emergency first aid certificate” means the certificate issued by an approvedorganization for the successful completion of a first aid course of at least 1 day’sduration;

 

“environmental conditions” means meteorological, oceanographical and other naturalconditions, including ice conditions, that may affect the operations of a workplace;

 

“fire hazard area” means an area that contains or is likely to contain explosive orflammable concentrations of a hazardous substance;

 

“first aid attendant” means a medic or a qualified person who is a holder of anemergency first aid certificate, a standard first aid certificate, a mariner’s first aidcertificate or an advanced first aid certificate or of a registered nurse’s certificaterecognized under the laws of a province;

 

“first aid room” means a room used exclusively for first aid or medical purposes;

 

“high voltage” means a voltage of more than 750 V between any 2 conductors orbetween a conductor and ground;

 

“hot work” means welding, burning, rivetting, drilling, grinding, chipping or anyother work where a flame is used or sparks are produced;

 

“living accommodation” means living, eating or sleeping quarters provided by anemployer for the accommodation of employees at a workplace;

 

“locked out” means, in respect of any equipment, machine or device, that theequipment, machine or device has been rendered inoperative and cannot be operatedor energized without the consent of the person who rendered it inoperative;

 

“mariner’s first aid certificate” means the certificate issued by an approvedorganization for the successful completion of a mariner’s first aid course of at least 5days’ duration;

 

“medic” means a qualified person who

 

                         (i)     has experience with helicopter or fixed-wing aircraft evacuation formedical purposes,
 
                         (ii)    is the holder of an advanced cardiac life support certificate or basiccardiac life support instructor’s certificate recognized by the Heart andStroke Foundation of Canada, and

 

                         (iii)   is the holder of

 

                                  (A)   a registered nurse’s certificate recognized under the laws of aprovince and has clinical experience in intensive care or emergencypractice, or
 
                                  (B)   a paramedic certificate issued by a college in a province and hasclinical experience;

 

“National Building Code of Canada” means the National Building Code of Canada,2010, issued by the CCBFC, National Research Council of Canada, dated 2010;

 

“National Fire Code of Canada” means the National Fire Code of Canada, 2010,issued by the CCBFC, National Research Council of Canada, dated 2010;

 

“National Plumbing Code of Canada” means the National Plumbing Code ofCanada, 2010, issued by the CCBFC, National Research Council of Canada, dated2010;

 

“oxygen-deficient atmosphere” means an atmosphere in which there is less than 18%by volume of oxygen at a pressure of 1 atmosphere or in which the partial pressureof oxygen is less than 135 mm Hg;

 

“production facility” means the production, separating, treating and processingequipment and facilities necessary in production operations, including airstrips,helicopter landing areas and living accommodation;

 

“protection equipment” means safety materials, equipment, devices and clothing;

 

“qualified person” means, in respect of a specified duty, a person who, because oftheir knowledge, training and experience, is qualified to perform that duty safely andproperly;

 

“standard first aid certificate” means the certificate issued by an approvedorganization for successful completion of a first aid course of at least 2 days’duration;

 

“support craft” means a vehicle, vessel, tug, ship, aircraft, air cushion vehicle,standby craft or other craft used to provide transport for or assistance to employees ina workplace;

 

“ULC Standard” means the Underwriters’ Laboratories of Canada standardCAN/ULC-S508-02, Rating and Fire Testing of Fire Extinguishers.

Application of regulations

3     These regulations apply in respect of employees working within the offshore area for thepurposes of the exploration of or drilling for, or the production, conservation or processingof, petroleum within the offshore area.

Records and reports

4     When an employer keeps a record, report or other document referred to in the Act, theemployer must retain the record, report or other document in such a manner that it isreadily available for examination by a health and safety officer and by the committee or thecoordinator for the workplace to which it applies.

Inconsistent provisions

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

Part 2: Building Safety

Doors

6     Every double-action swinging door that is located in an exit, entrance or passageway usedfor two-way pedestrian traffic must be designed and fitted in a manner that will permitpersons who are approaching from one side of the door to be aware of persons who are onthe other side of the door.

Floor and wall openings

7     (1)    The following definitions apply in this Section:

 

“floor opening” means an opening measuring 300 mm or more in its smallestdimension in a floor, platform, pavement or yard;

 

“wall opening” means an opening at least 750 mm high and 300 mm wide in a wallor partition.

 

       (2)    If an employee has access to a wall opening from which there is a drop of more than1.2 m or to a floor opening, guardrails must be fitted around the wall opening orfloor opening or the opening must be covered with material capable of supporting allloads that may be imposed on it.

 

       (3)    The material referred to in subsection (2) must be securely fastened to a supportingstructural member of the building.

 

       (4)    Subsection (2) does not apply to the loading and unloading docks.

 

       (5)    Subject to Section 14, guardrails must be installed around the perimeter of everyworkplace, other than a helicopter deck, when there is a drop of more than 1 m fromthe workplace to an adjacent area.

Open-top bins, hoppers, vats and pits

8     (1)    If an employee has access to an open-top bin, hopper, vat, pit or other open-topenclosure from a point directly above the enclosure, the enclosure must be fitted witha fixed ladder on the inside wall of the enclosure and must be

 

                (a)    covered with a grating, screen or other covering that will prevent the employeefrom falling into the enclosure; or

 

                (b)    provided with a walkway that is not less than 500 mm wide and is fitted withguardrails.

 

       (2)    A grating, screen, covering or walkway referred to in subsection (1) must be sodesigned, constructed and maintained that it will support a load that is not less thanthe greater of

 

                (a)    the maximum load that is likely to be imposed on it; or

 

                (b)    a live load of 6 kPa.

Ladders, stairways and ramps

9     If an employee in the course of employment is required to move from one level to anotherlevel that is more than 450 mm higher or lower than the former level, the employer mustinstall a fixed ladder, stairway or ramp between the levels.

 

Protection from hazard of using stairway                                                                             

10   If one end of a stairway is so close to a traffic route used by vehicles, to a machine or toany other hazard as to be hazardous to the safety of an employee using the stairway, theemployer must

 

                (a)    where practicable, install a barricade that will protect employees using thestairway from the hazard; or

 

                (b)    if it is not reasonably practicable to install a barricade, post a sign at that end ofthe stairway to warn employees of the hazard.

Fixed ladders

11   (1)    Subject to subsection (5), a fixed ladder that is more than 6 m in length must, wherereasonably practicable, be fitted with a protective cage for that portion of its lengththat is more than 2 m above the base level of the ladder.

 

       (2)    Subject to subsection (5), a fixed ladder that is more than 9 m in length must have, atintervals of not more than 6 m, a landing or platform that

 

                (a)    is not less than 0.36 m² in area; and
 
                (b)    is fitted at its outer edges with a guardrail.

 

       (3)    A fixed ladder, cage, landing or platform referred to in subsection (1) or (2) must bedesigned and constructed to withstand all loads that may be imposed on it.

 

       (4)    A fixed ladder must be

 

                (a)    vertical;
 
                (b)    securely held in place at the top, bottom and at intermediate points; and
 
                (c)    fitted with
 
                         (i)     rungs that are at least 150 mm from the wall and uniformly spaced atintervals not more than 300 mm, and
 
                         (ii)    side rails that extend not less than 900 mm above the landing orplatform.

 

       (5)    Subsections (1) and (2) do not apply to a fixed ladder that is used with a fallprotection system referred to in Section 177.

 

Docks, ramps and dock plates

12   (1)    Every loading and unloading dock and ramp must be

 

                (a)    of sufficient strength to support the maximum load that is likely to be imposedon it;

 

                (b)    free of surface irregularities that may interfere with the safe operation ofmobile equipment; and

 

                (c)    fitted around its sides that are not used for loading or unloading with side rails,curbs or rolled edges of sufficient height and strength to prevent mobileequipment from running over the edge.

 

       (2)    Every portable ramp and every dock plate must be

 

                (a)    clearly marked or tagged to indicate the maximum safe load that it is capableof supporting; and

 

                (b)    installed so that it cannot slide, move or otherwise be displaced under the loadthat may be imposed on it.

Guardrails

13   (1)    Every guardrail must consist of

 

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

 

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

 

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

 

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

 

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

 

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

Alternative to guardrails

14   If it is not reasonably practicable to install guardrails as required by subsection 7(5) or26(1) or clause 29(2)(c), cables or chains must be installed in a manner that will preventemployees from falling from the workplace.

Toe boards

15   (1)    Subject to subsection (2), if there is a hazard that tools or other objects may fall froma platform or other raised area onto an employee, the employer must, if reasonablypracticable, install

 

                (a)    a toe board that

 

                         (i)     extends above the floor of the raised area, and
 
                         (ii)    will prevent tools or other objects from falling from the raised area; or

 

                (b)    when the tools or other objects are piled to such a height that a toe board willnot prevent the tools or other objects from falling, a solid or mesh panel thatextends from the floor of the raised area to a height of not less than 450 mm.

 

       (2)    If the installation of a toe board is not reasonably practicable on a platform or otherraised area, all tools or other objects that could fall must be

 

                (a)    fastened in such a manner that, if they fall, employees beneath the platformwill be protected; or

 

                (b)    placed in such a way that, if they fall, they will be caught by a safety netpositioned so as to protect from injury any employee on or below the platformor other raised area.

Housekeeping and maintenance

16   (1)    Every stairway, walkway, ramp and passageway used by employees must, to theextent reasonably practicable, be kept free of accumulations of ice and snow.

 

       (2)    All dust, dirt, waste and scrap material in a workplace must be removed as often asis necessary to protect the health and safety of employees and must be disposed of insuch a manner that the health and safety of employees is not compromised.

 

       (3)    Every travelled surface in a workplace must be maintained free from splinters, holes,loose boards and tiles or similar defects.

Floor maintenance

17   (1)    If a floor in a workplace is normally wet and employees in the workplace do not usenon-slip footwear, the floor must be covered with a dry false floor or platform ortreated with a non-slip material or substance.

 

       (2)    The floor in a workplace must, to the extent reasonably practicable, be kept free fromoil, grease or any other slippery substance.

Temporary heat

18   (1)    Subject to subsection (2), when a salamander or other portable open-flame heatingdevice is used in an enclosed workplace, the heating device must not restrict a meansof exit and must be

 

                (a)    so located, protected and used that there is no hazard of igniting combustiblematerials adjacent to the heating device;

 

                (b)    used only when there is ventilation provided that protects the health and safetyof employees; and

 

                (c)    so located as to be protected from damage or overturning.

 

       (2)    If the heating device does not provide complete combustion of the fuel used inconnection with it, the heating device must be equipped with a securely supportedsheet metal pipe that discharges the products of combustion outside the enclosedworkplace.

 

       (3)    A portable fire extinguisher that has not less than a 10B rating as defined in the ULCStandard must be readily accessible from the location of the heating device when thedevice is in use.

Part 3: Temporary Structures and Excavations

Definition for Part 3

19   In this Part, “stage” means a working platform supported from above.

Application of Part 3

20   This Part applies to fixed and portable ladders, to stages and scaffolds and to temporaryramps and stairs.

Environmental conditions

21   An employee must not work on a temporary structure in environmental conditions that arelikely to be hazardous to the health or safety of the employee, except when the work isrequired to remove a hazard or to rescue an employee.

Tools used on temporary structure

22   Tools, equipment and materials used on a temporary structure must be arranged or securedin such a manner that they cannot be knocked off the structure accidentally.

Use of temporary structure

23   An employee must not use a temporary structure unless

 

                (a)    the employee has authority from the employer to use it; and

 

                (b)    the employee has been trained and instructed in its safe and proper use.

Inspection of temporary structure

24   (1)    Before a temporary structure is used by an employee, a qualified person must make avisual safety inspection of it.

 

       (2)    If the inspection reveals a defect or condition that adversely affects the structuralintegrity of a temporary structure, an employee must not use the temporary structureuntil the defect or condition is remedied.

Barricade around temporary structure

25   If a vehicle or a pedestrian may come into contact with a temporary structure, a personmust be positioned at the base of the temporary structure or a barricade must be installedaround it to prevent any such contact.

Guardrails and toe boards

26   (1)    Subject to Section 14, at every open edge of a platform of a temporary structureguardrails must be installed and, subject to subsection 15(2), if there is a likelihoodthat persons beneath the platform may be injured by objects falling from theplatform, toe boards must be installed.

 

       (2)    The guardrails and toe boards must meet the standards set out in Section 13 andsubsection 15(1).

Temporary stairs, ramps and platforms

27   (1)    Subject to subsection 28(3), temporary stairs, ramps and platforms must be designed,constructed and maintained to support any load that is likely to be imposed on themand to allow safe passage of persons and equipment on them.

 

       (2)    Temporary stairs must have

 

                (a)    uniform steps in the same flight;

 

                (b)    a slope of not more than 1.2 to 1; and

 

                (c)    a hand rail that is not less than 900 mm and not more than 1100 mm above thestair level on open sides including landings.

 

       (3)    Temporary ramps and platforms must be

 

                (a)    securely fastened in place;

 

                (b)    braced if necessary to ensure their stability; and

 

                (c)    provided with cleats or surfaced in a manner that provides a safe footing foremployees.

Scaffolds

28   (1)    The erection, use, dismantling or removal of a scaffold must be carried out by orunder the supervision of a qualified person.

 

       (2)    If a scaffold is erected on an uneven surface, it must be provided with base platesthat maintain its stability.

 

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

 

       (4)    Every scaffold must

 

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

 

                (b)    have a working surface that is even and horizontal; and

 

                (c)    be fitted with guardrails except on the side where the work to be performedwould be hindered by the guardrail.

 

       (5)    The footings and supports of every scaffold must be capable of supporting, withoutdangerous settling, all loads that are likely to be imposed on them.

Stages

29   (1)    The erection, use, dismantling or removal of a stage must be carried out by or underthe supervision of a qualified person.

 

       (2)    Every stage must

 

                (a)    have a working surface that is even and horizontal and is capable of supportingany load that is likely to be imposed on it;

 

                (b)    be fitted with an effective means of holding the stage away from the workingarea; and

 

                (c)    subject to Section 14, when the stage is to be used at a height of more than 3m, be fitted with guardrails.

 

       (3)    The supporting structure and the ropes or tackle supporting a stage must have asafety factor of not less than 6.

Ladders

30   (1)    Commercially manufactured portable ladders must meet CSA standard CSA Z11-12,Portable Ladders, the English version of which was published in 2012.

 

       (2)    Subject to subsection (3), every fixed and portable ladder must, while being used,

 

                (a)    be placed on a firm footing;

 

                (b)    be secured in such a manner that it cannot be dislodged accidentally from itsposition; and

 

                (c)    be positioned in such a manner that it is not necessary for a person to use theunderside of the ladder.

 

       (3)    When a fixed or portable ladder provides access from one level to another the laddermust extend, if reasonably practicable, at least 3 rungs above the higher level or, if itis not reasonably practicable, handholds must be provided.

 

       (4)    A metal or wire-bound fixed or portable ladder must not be used if there is a hazardthat it may come into contact with any live electrical circuit or equipment.

 

       (5)    An employee must not work from any of the 3 top rungs of any single or extensionportable ladder or from either of the 2 top steps of any stepladder.

 

       (6)    A non-metallic fixed or portable ladder must not be coated with a material that mayhide flaws.

Excavation

31   (1)    Before the commencement of work on an excavation, tunnel or the creation of anopening in a bulkhead, deck or similar structure, the employer must mark thelocation of all pipes, cables and conduits in the area where the work is to be done.

 

       (2)    If an excavation, trench or opening constitutes a hazard to employees, a barricademust be installed around it.
 
       (3)    If an employee is required to enter an excavation that is more than 1.4 m deep andthe sides of which are sloped at an angle of 45° or more to the horizontal, or atunnel,
 
                (a)    the walls of the excavation, trench or tunnel, and
 
                (b)    the roof of the tunnel must be supported by shoring and bracing that is installedas the excavation or tunnel is being excavated.
 
       (4)    Tools, machinery, timber, excavated materials or other objects must not be placedwithin 1 m from the edge of an excavation or opening.

Safety nets

32   (1)    If there is a hazard that tools, equipment or materials may fall onto or from atemporary structure, the employer must provide a protective structure or a safety netto protect from injury any employee on or below the temporary structure.

 

       (2)    The design, construction and installation of a safety net referred to in subsection (1)must meet ANSI standard ANSI A10.11-1989, Safety Nets Used DuringConstruction, Repair and Demolition Operations, published in 1998.

Housekeeping

33   Every platform, hand rail, guardrail and work area on a temporary structure used by anemployee must, to the extent reasonably practicable, be kept free of accumulations of iceand snow while the temporary structure is in use.

Working surface

34   The working surface of a temporary structure used by an employee must, if reasonablypracticable, be kept free of grease, oil or other slippery substance and of any material orobject that may cause an employee to slip or trip.

Part 4: Elevating Devices

Standards

35   (1)    Every elevating device and every safety device attached to it must

 

                (a)    meet the standards set out in the applicable CSA standard referred to insubsection (2), to the extent that is reasonably practicable; and

 

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

 

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

 

                (a)    elevators, dumbwaiters, escalators and moving walks is CSA standardCAN/CSA B44-07, Safety Code for Elevators and Escalators, published in2007, other than paragraph 9.1.4;

 

                (b)    manlifts is CSA standard CAN/CSA B311-02, Safety Code for Manlifts,published in 2012; and

 

                (c)    elevating devices for the handicapped is CSA standard CSA B355-F09, Liftsfor Persons with Physical Disabilities, published in 2009.

Personnel transfer baskets

36   (1)    A basket must not be used to transfer freight except in an emergency.

 

       (2)    Every transfer of a person by a basket must be made only when visibility andenvironmental conditions are such that the transfer can be made safely.

 

       (3)    If a person is transferred by a basket to or from a place on a ship or to or from aplace on a drilling unit or an offshore production facility,

 

                (a)    persons at both places must be in direct radio contact; and

 

                (b)    the person to be transferred must

 

                         (i)     be instructed in the safety procedures to be followed, and

 

                         (ii)    must use a life jacket or a personal flotation device.

 

       (4)    If a person is transferred by a basket to or from a drilling unit or an offshoreproduction facility, the drilling unit or production facility must be equipped with atleast 2 buoyant baskets.

 

       (5)    Every basket must be in serviceable condition and all ropes, wires or other vital partsof a basket that show signs of significant wear must be replaced before the basket is used.

 

       (6)    The number of persons transferred in a basket must not exceed the number ofpersons the basket was designed to carry safely.

 

       (7)    The raising or lowering of a basket must, to the extent reasonably possible, becarried out over water.

Use and operation

37   An elevating device must not be used or placed in service

 

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

 

                (b)    if the elevating device is installed on a floating drilling unit or a floatingproduction facility, when the roll of the drilling unit or the production facilityexceeds the maximum roll recommended by the manufacturer for the safeoperation of the elevating device.

Safety devices

38   (1)    Subject to subsection (3), an elevating device must not be used or placed in servicewhile any safety device attached to it is inoperative.

 

       (2)    Subject to subsection (3), a safety device attached to an elevating device must not bealtered, interfered with or rendered inoperative.

 

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

Inspection and testing

39   Every elevating device and every safety device attached to it must be inspected and testedby a qualified person to determine that the standards under these regulations are met

 

                (a)    before the elevating device or the safety device attached to it is placed inservice;

 

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

 

                (c)    once every 12 months.

Record of inspection

40   (1)    A record of each inspection and test made in accordance with Section 39 must

 

                (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 ofthe elevating device and safety device that were inspected and tested; and

 

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

 

       (2)    Every record referred to in subsection (1) must be kept by the employer for 5 yearsafter the date on which it is signed.

Repair and maintenance

41   Repair and maintenance of elevating devices and safety devices attached to them must beperformed by a qualified person appointed by the employer.

Part 5: Boilers and Pressure Vessels

Definitions for Part 5

42   The following definitions apply in this Part:

 

“inspector” means a qualified person recognized under the laws of Canada or of aprovince as qualified to inspect boilers, pressure vessels or piping systems;

 

“maximum allowable working pressure” means the maximum allowable workingpressure set out in the record referred to in Section 52;

 

“maximum temperature” means the maximum temperature set out in the recordreferred to in Section 52;

 

“piping system” means an assembly of pipes, pipe fittings, valves, safety devices,pumps, compressors and other fixed equipment that contains a gas, vapour or liquidand is connected to a boiler or pressure vessel.

Application of Part 5

43   This Part does not apply to

 

                (a)    a heating boiler that has a heating surface of 3 m² or less;

 

                (b)    a pressure vessel that has a capacity of 40 L or less;

 

                (c)    a pressure vessel that is installed for use at a pressure of 100 kPa or less;

 

                (d)    a pressure vessel that has an internal diameter of 150 mm or less;

 

                (e)    a pressure vessel that has an internal diameter of 600 mm or less and that isused for the storage of hot water;

 

                (f)    a pressure vessel that has an internal diameter of 600 mm or less and that isconnected to a water-pumping system containing air that is compressed toserve as a cushion; or

 

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

Construction, testing and installation

44   Every boiler, pressure vessel and piping system used in a workplace must be constructed,tested and installed by a qualified person.

Use of equipment

45   A person must not use a boiler, pressure vessel or piping system unless it has beeninspected by an inspector in accordance with Sections 48 to 50

 

                (a)    after installation; and

 

                (b)    after any welding, alteration or repair is carried out on it.

Operation, repair and maintenance

46   Every boiler, pressure vessel and piping system in use at a workplace must be operated,maintained and repaired by a qualified person.

Alteration

47   A person must not alter, interfere with or render inoperative any fitting attached to a boiler,pressure vessel or piping system except for the purpose of adjusting or testing the fitting.

Frequency of inspection

48   (1)    Subject to Section 49, every boiler, pressure vessel and piping system in use in aworkplace must be inspected

 

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

 

                (b)    internally, at least once every 5 years.

 

       (2)    Clause (1)(a) does not apply to a pressure vessel that is buried.

Testing and verification

49   (1)    If a pressure vessel is used to store anhydrous ammonia, a hydrostatic test at apressure equal to 1.5 times the maximum allowable working pressure must beconducted at least once every 5 years.

 

       (2)    The integrity of a pressure vessel that is a part of a motion compensator system orblowout preventer must be verified at least once every 5 years by

 

                (a)    if reasonably practicable, an internal inspection; or

 

                (b)    if an internal inspection is not reasonably practicable, by a hydrostatic test orother non-destructive test method.

Testing and visual inspection

50   (1)    When more than 5 years have elapsed since the date of the last test and inspection ofa Halon container, the container must not be recharged without a test of containerstrength and a complete visual inspection being carried out.

 

       (2)    A Halon container that has been continuously in service without being dischargedmay be retained in service for a maximum of 20 years after the date of the last testand inspection, at which time it must be emptied, subjected to a test of containerstrength and a complete visual inspection and re-marked before being placed back inservice.

 

       (3)    If a Halon container has been subjected to unusual corrosion, shock or vibration, acomplete visual inspection and a test of container strength must be carried out.

Inspection as necessary

51   In addition to the requirements of Sections 48 to 50, every boiler, pressure vessel andpiping system in use at a workplace must be inspected by a qualified person as frequentlyas is necessary to ensure that the boiler, pressure vessel or piping system is safe for itsintended use.

Records

52   (1)    A record of each inspection carried out under Sections 45 and 48 to 51 must becompleted by the inspector or qualified person who carried out the inspection and

 

                (a)    must be signed by the inspector or qualified person who carried out theinspection; and

 

                (b)    must include

 

                         (i)     the date of the inspection,

 

                         (ii)    the identification and location of the boiler, pressure vessel or pipingsystem that was inspected,

 

                         (iii)   the maximum allowable working pressure and the maximum temperatureat which the boiler or pressure vessel may be operated,

 

                         (iv)   a declaration as to whether the boiler, pressure vessel or piping systemmeets the standards prescribed by this Part,

 

                         (v)    a declaration as to whether, in the opinion of the inspector or qualifiedperson who carried out the inspection, the boiler, pressure vessel orpiping system is safe for its intended use,

 

                         (vi)   if appropriate in the opinion of the inspector or qualified person whocarried out the inspection, recommendations regarding the need for morefrequent inspections or tests than are required by Section 48, 49 or 50,and

 

                         (vii)  any other observation that the inspector or qualified person who carriedout the inspection considers relevant to the safety of employees.

 

       (2)    The employer must keep every record for 1 year after the date that the nextinspection is required by this Part.

Part 6: Levels of Lighting

Application of Part 6

53   This Part does not apply to the bridge of a drilling unit or floating production facility.

Lighting systems

54   (1)    The levels of lighting prescribed in this Part must, if reasonably practicable, beprovided by a lighting system installed by the employer.

 

       (2)    If it is not reasonably practicable to comply with subsection (1), the employer mustprovide portable lighting that gives the prescribed levels of lighting.

Measurement of average levels of lighting

55   For the purposes of this Part, the average level of lighting at a work position or in an areamust be determined by taking 4 or more measurements at different places at the workposition or in the area and by dividing the total of the results of the measurements by thenumber of measurements at the level at which the work is performed, in the case of workperformed at a level higher than the floor, or at 1 m above the floor, in any other case.

Minimum average levels of lighting

56   The average level of lighting at a work position or in an area referred to in Column 1 of anitem of Schedule 1 must be not less than the average level set out in Column 2 of thatitem.

Emergency lighting systems

57   (1)    If a failure in the lighting system in an area through which an employee passes incarrying out emergency procedures referred to in subsection 294(1) will cause thelevel of lighting to be reduced to less than 3 dalx, an emergency lighting system mustbe installed in the area.

 

       (2)    The emergency lighting system must

 

                (a)    operate automatically in the event of a failure of the lighting system; and

 

                (b)    provide an average level of lighting of 3 dalx.

Minimum levels of lighting

58   The level of lighting at any place at a work position or in an area must be not less than 1/3of the average level of lighting prescribed by this Part for the work position or area.

Part 7: Levels of Sound

Definition for Part 7

59   In this Part, “sound level meter” means an instrument for measuring levels of sound andimpulse sound that meets ANSI standard ANSI SI.4-1983, American National StandardSpecification for Sound Level Meters, published in 2006, and is referred to in that standardas type 0, 1 or 2.

Levels of sound

60   (1)    Subject to subsections (2) and (3) and Sections 61 and 62, the level of sound in aworkplace must be less than 85 dB.

 

       (2)    If it is not reasonably practicable for an employer to maintain the level of sound in aworkplace at less than 85 dB, an employee must not be exposed in any 24-hourperiod to

 

                (a)    a level of sound referred to in Column 1 of an item of Schedule 2 for a numberof hours exceeding the number set out in Column 2 of that item; or

 

                (b)    a number of different levels of sound referred to in Column 1 of an item ofSchedule 2, when the sum of the following quotients exceeds 1:

 

                         (i)     the number of hours of exposure to each level of sound divided by

 

                         (ii)    the maximum number of hours of exposure per 24-hour period set out inColumn 2 of that item.

 

       (3)    If it is not reasonably practicable for an employer to maintain the exposure of anemployee to a level of sound at or below the levels referred to in subsection (1) or(2), the employer must

 

                (a)    make a report in writing to the health and safety officer setting out the reasonswhy the exposure cannot be so maintained; and

 

                (b)    provide every employee entering the workplace with a hearing protector that

 

                         (i)     meets CSA standard CSA Z94.2-02, Hearing Protection Devices -Performance, Selection, Care, and Use, published in 2002, and
 
                         (ii)    reduces the level of sound reaching the employee’s ears to less than 85dB.

Sound in sleeping quarters

61   An employee must not be exposed in sleeping quarters to a level of sound of more than 75dB.

Hearing protection for impulse sound

62   If the level of impulse sound in a workplace exceeds 140 dB, the employer must provideevery employee entering the workplace with a hearing protector that

 

                (a)    meets CSA standard CSA Z94.2-02, Hearing Protection Devices -Performance, Selection, Care and Use, published in 2002; and

 

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

Sound level measurement

63   The levels of sound referred to in Sections 60 and 61 must be measured by using the slowexponential-time-averaging characteristic and the A-weighting characteristic of a soundlevel meter.

Impulse sound measurement

64   The level of impulse sound referred to in Section 62 must be measured by using theimpulse exponential-time-averaging characteristic of a sound level meter.

Warning signs

65   In a workplace when the level of sound is 85 dB or more or when the peak level ofimpulse sound exceeds 140 dB, the employer must post signs warning persons entering theworkplace

 

                (a)    that there is a hazardous level of sound or impulse sound in the workplace;

 

                (b)    if applicable, of the maximum number of hours of exposure determined undersubsection 60(2); and

 

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

Part 8: Electrical Safety

Definition for Part 8

66   In this Part, “control device” means a device that will safely disconnect electricalequipment from its source of energy.

Safety procedures

67   (1)    All testing or work performed on electrical equipment must be performed by aqualified person or an employee under the direct supervision of a qualified person.

 

       (2)    If there is a possibility that the qualified person or the employee may receive ahazardous electrical shock during the performance of testing or work,

 

                (a)    the qualified person or the employee must use insulated protection equipmentand tools that will protect them from injury during the performance of thework; and

 

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

Live equipment

68   (1)    If electrical equipment is live or may become live, an employee must not work onthe equipment unless

 

                (a)    the employer has instructed the employee in procedures that are safe for workon live conductors;

 

                (b)    a safety ground is connected to the equipment; or

 

                (c)    the equipment is isolated in accordance with Section 73.

 

       (2)    Subject to subsections (3) and (4), if an employee is working on or near electricalequipment that is live or may become live, the electrical equipment must be guarded.

 

       (3)    Subject to subsection (4), if it is not practicable for electrical equipment referred to insubsection (2) to be guarded, the employer must take measures to protect theemployee from injury by insulating the equipment from the employee or theemployee from ground.

 

       (4)    If live electrical equipment is not guarded or insulated in accordance with subsection(2) or (3) or if the employee referred to in subsection (3) is not insulated fromground, an employee must not work so near to any live part of the electricalequipment that is within a voltage range set out in Column 1 of an item of Schedule3 that the distance between the body of the employee or any thing with which theemployee is in contact and the live part of the equipment is less than

 

                (a)    the distance set out in Column 2 of that item, when the employee is not aqualified person; or

 

                (b)    the distance set out in Column 3 of that item, when the employee is a qualifiedperson.

 

       (5)    An employee must not work near a live part of any electrical equipment referred toin subsection (4) if there is a hazard that an unintentional movement by the employeewould bring any part of the employee’s body or any thing with which the employeeis in contact closer to that live part than the distance referred to in that subsection.

High-voltage electrical equipment

69   An employee must not work on or near high-voltage electrical equipment unless theemployee is authorized to do so by the employer.

Danger signs

70   A legible sign with the words “DANGER–HIGH VOLTAGE” and “DANGER–HAUTETENSION” in letters that are not less than 50 mm in height on a contrasting background ora symbol conveying the same meaning must be posted in a conspicuous place at everyapproach to live high-voltage electrical equipment.

Safety watcher

71   (1)    If an employee is working on or near live electrical equipment and, because of thenature of the work or the condition or location of the workplace, it is necessary forthe safety of the employee that the work be observed by a person not engaged in thework, the employer must appoint a safety watcher

 

                (a)    to warn all employees in the workplace of the hazard; and

 

                (b)    to ensure that all safety precautions and procedures are complied with.

 

       (2)    Safety watchers must be

 

                (a)    informed of their duties as safety watchers and of the hazard involved in thework;

 

                (b)    trained and instructed in the procedures to follow in the event of an emergency;

 

                (c)    authorized to stop immediately any part of the work that they considerdangerous; and

 

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

 

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

Coordinating work

72   If an employee or another person, including every safety watcher, is working on or inconnection with electrical equipment, the employee or other person must be fully informedby the employer with respect to the safe coordination of their work.

Isolating electrical equipment

73   (1)    Before an employee isolates electrical equipment or changes or terminates theisolation of electrical equipment, the employer must issue written instructions withrespect to the procedures to be followed for the safe performance of that work.

 

       (2)    The instructions referred to in subsection (1) must

 

                (a)    state the isolation procedures to be followed;

 

                (b)    identify the electrical equipment to which the instructions apply;

 

                (c)    describe any tests to be performed;

 

                (d)    specify particulars of the tags or signs to be used; and

 

                (e)    specify the protection equipment to be used.

 

       (3)    A tag or sign referred to in clause (2)(d) must

 

                (a)    contain the words “DO NOT OPERATE–DÉFENSE D’ACTIONNER” ordisplay a symbol conveying the same meaning;

 

                (b)    show the date and time at which the electrical equipment was isolated;

 

                (c)    show the name of the employee performing the work or live test;

 

                (d)    when used in connection with a live test, be distinctively marked as a testingtag or sign;

 

                (e)    be removed only by the employee performing the work or live test; and

 

                (f)    be used for no purpose other than to notify persons that the operation ormovement of the electrical equipment is prohibited during the performance ofthe work or live test.

 

       (4)    A copy of the instructions must be shown and explained to the employee.

       

(5)            The instructions must be kept readily available for examination by employees at theworkplace in which the electrical equipment is located.

Control devices, switches, cords and cables

74   (1)    Every control device must be so designed and located as to permit quick and safeoperation at all times.

 

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

 

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

 

       (4)    Control switches for all electrically operated machinery must be clearly marked toindicate the switch positions that correspond to the electrical circuits beingcontrolled.

Suitable equipment for hazardous location

75   (1)    All electrical equipment within a hazardous location as defined in the CanadianElectrical Code must be constructed, certified and marked as suitable for theconditions in that location.

 

       (2)    Each extension cord of the electrical equipment must be equipped with a terminalthat provides an interruption of the circuit before a connecting device is withdrawn.

Defective electrical equipment

76   Defective electrical equipment that is likely to be hazardous to the health or safety of anemployee must be disconnected from its power source by a means other than the controlswitch and notices must be placed on the equipment and at the control switch to indicatethat the equipment is defective.

Electrical fuses

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

 

       (2)    An employee must not replace missing or burnt-out fuses unless authorized to so doby a qualified person.

Power supply cables

78   (1)    Power supply cables for portable electrical equipment must be placed clear of areasused for vehicles unless the cables are protected by safety devices.

 

       (2)    A 3-wire power supply cable on electrical equipment or on an electrical appliancemust not be altered or changed for the purpose of using the equipment or applianceon a 2-wire power supply.

Grounded electrical equipment

79   Grounded electrical equipment and appliances must be used only when connected to amatching electrical outlet receptacle.

Part 9: Sanitation

Definitions for Part 9

80   The following definitions apply in this Part:

 

“ARI” means the Air-Conditioning and Refrigeration Institute of the United States;

 

“change room” means a room that is used by employees to change from their streetclothes to their work clothes and from their work clothes to their street clothes, andincludes a locker room;

 

“personal service room” means a change room, toilet room, shower room, livingaccommodation or a combination of them.

Personal service room and food preparation area

81   (1)    Every employer must ensure that each personal service room and food preparationarea used by employees is maintained in a clean and sanitary condition.

 

       (2)    Personal service rooms and food preparation areas must be so used by employeesthat the rooms or areas remain in as clean and sanitary a condition as is reasonablypracticable.

Preventing contamination

82   All cleaning and sweeping that may cause dusty or unsanitary conditions must be carriedout in a manner that prevents the contamination of the air by dust or other substancesinjurious to health.

Cleaning frequency

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

Plumbing system

84   Every plumbing system that supplies potable water and removes water-borne waste mustbe installed and maintained by a qualified person.

Preventing vermin

85   (1)    Each enclosed part of a workplace, each personal service room and each foodpreparation area must be constructed, equipped and maintained in a manner thatprevents the entrance of vermin.

 

       (2)    If vermin have entered any enclosed part of a workplace, any personal service roomor any food preparation area, the employer must immediately take all steps necessaryto eliminate the vermin and prevent the re-entry of the vermin.

Storing equipment

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

Temperature

87   In each personal service room and food preparation area, the temperature, measured 1 mabove the floor in the centre of the room or area, must be maintained at a level of not lessthan 18 °C and, when reasonably practicable, not more than 29 °C.

Floors, partitions and walls

88   (1)    In each personal service room and food preparation area, the floors, partitions andwalls must be so constructed that they can be easily washed and maintained in asanitary condition.

 

       (2)    The floor and lower 150 mm of any walls and partitions in any food preparation areaor toilet room must be water-tight and impervious to moisture.

Toilet rooms

89   (1)    If reasonably practicable, a toilet room must be provided for employees and, whenpersons of both sexes are employed at the same workplace, a separate toilet roommust be provided for employees of each sex.

 

       (2)    If separate toilet rooms are provided for employees of each sex, each room must beequipped with a door that is clearly marked to indicate the sex of the employees forwhom the room is provided.

 

       (3)    If persons of both sexes use the same toilet room, the door of the toilet room must befitted on the inside with a locking device.

Toilet room design

90   (1)    Every toilet room must be so designed that

 

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

 

                (b)    subject to subsection (2), there is no direct access into the toilet room from asleeping room, dining area or food preparation area;

 

                (c)    if reasonably practicable, there is direct access into the toilet room from ahallway; and

 

                (d)    if it contains more than 1 toilet, each toilet is enclosed in a separatecompartment fitted with a door and an inside locking device.

 

       (2)    If a toilet room is provided as part of private living accommodation, there may bedirect access to it from the sleeping quarters for which the toilet room is provided.

Toilet paper

91   Toilet paper must be provided at each toilet.

Container for disposal

92   A covered container for the disposal of sanitary napkins must be provided in each toiletroom provided for the use of female employees.

Wash basins

93   (1)    Every employer must provide wash basins in each toilet room as follows:

 

                (a)    if the room contains 1 or 2 toilets or urinals, 1 wash basin; and

 

                (b)    if the room contains more than 2 toilets or urinals, 1 wash basin for everyadditional 2 toilets or urinals.

 

       (2)    If an outdoor privy is provided, the employer must provide wash basins required bysubsection (1) as close to the outdoor privy as is reasonably practicable.

 

       (3)    An industrial wash trough or circular wash basin of a capacity equivalent to theaggregate of the minimum capacities of the wash basins referred to in subsection (1)may be provided in place of the wash basins.

 

       (4)    For the purposes of subsection (3), the minimum capacity of a wash basin must bedetermined by reference to the applicable municipal bylaws or provincial regulationsor, if there are no such bylaws or regulations, by reference to the National PlumbingCode of Canada, 2010.

Hot and cold water

94   All wash basins and industrial wash troughs and circular wash basins referred to in Section93 must be supplied with hot and cold water.

Wash facilities

95   If the health of employees is likely to be endangered by skin contact with a hazardoussubstance, the employer must provide wash facilities to clean the skin and aid in theremoval of the hazardous substance.

Cleaning and drying supplies

96   In every personal service room that contains a wash basin or an industrial wash trough orcircular wash basin, the employer must provide

 

                (a)    powdered or liquid soap or other cleaning agent in a dispenser at each washbasin or trough or between adjoining wash basins;

 

                (b)    sufficient sanitary hand drying facilities to serve the number of employeesusing the personal service room; and

 

                (c)    a non-combustible container for the disposal of used towels when disposabletowels are provided for drying hands.

Showers and shower rooms

97   (1)    A shower room with at least 1 shower head for every 10 employees or portion of thatnumber must be provided for employees who regularly perform strenuous physicalwork in a high temperature or high humidity or whose bodies may be contaminatedby a hazardous substance.

 

       (2)    Every shower stall must be constructed and arranged in such a way that water cannotleak through the walls or floors.

 

       (3)    Every shower must be provided with hot and cold water, soap or other cleaningagent, and a clean towel.

 

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

Potable water

98   Every employer must provide potable water for drinking, personal washing and foodpreparation that meets the standards set out in the Guidelines for Canadian DrinkingWater Quality, published in 2012 under the authority of the federal Minister of Health.

Sanitary containers

99   If water is transported for drinking, personal washing or food preparation, only sanitarywater containers must be used.

Storing and drawing water

100 If a storage container for drinking water is used,

 

                (a)    the container must be securely covered and labelled that it contains potablewater;

 

                (b)    the container must be used only for the purpose of storing potable water; and

 

                (c)    the water must be drawn from the container by a tap, a ladle used only for thepurpose of drawing water from the container, or any other means that precludesthe contamination of the water.

Drinking cups

101 Except when drinking water is supplied by a drinking fountain, sanitary single-usedrinking cups must be provided.

Ice

102 Any ice that is added to drinking water or used for the contact refrigeration of foodstuffsmust be made from potable water and must be so stored and handled as to preventcontamination.

 

Drinking fountain

103 If drinking water is supplied by a drinking fountain, the fountain must meet AmericanRefrigeration Institute standard ARI 1010-2002, Self-Contained,Mechanically-Refrigerated Drinking-Water Coolers, published in 2002.

 

Living accommodation

104 All living accommodation must meet the following standards:

 

                (a)    it must be so constructed that it can easily be cleaned and disinfected;

 

                (b)    the food preparation area and dining area must be separated from the sleepingquarters;

 

                (c)    if a water plumbing system is provided, the system must operate under sanitaryconditions;

 

                (d)    garbage disposal facilities must be provided to prevent the accumulation ofgarbage;

 

                (e)    toilet rooms and outdoor privies must be maintained in a sanitary condition;and

 

                (f)    vermin prevention, heating, ventilation and sanitary sewage systems must beprovided.

Sleeping quarters

105 (1)    In any living accommodation provided as sleeping quarters for employees,

 

                (a)    a separate bed or bunk that is not part of a unit that is more than double-tieredand is so constructed that it can be easily cleaned and disinfected must beprovided for each employee;

 

                (b)    mattresses, pillows, sheets, pillow cases, blankets, bed covers and sleepingbags must be kept in a clean and sanitary condition; and

 

                (c)    a storage area fitted with a locking device must be provided for each employee.

 

       (2)    Sufficient individual sleeping quarters in a field accommodation must be provided sothat the maximum number of employees sleeping in 1 room is

 

                (a)    2 for a production facility; and

 

                (b)    4 for any other marine installation or structure.

Preparing, handling, storing and serving food

106 (1)    Each food handler must be instructed and trained in food handling practices thatprevent the contamination of food.

 

       (2)    A person who is suffering from a communicable disease must not work as a foodhandler.

Sanitation code

107 When food is served in a workplace, the employer must adopt and implement Section G ofthe Sanitation Code for Canada’s Foodservice Industry, published by the CanadianRestaurant and Foodservices Association, dated September 1984, other than items 2 and11.

Food temperature

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

 

       (2)    Foods that require freezing must be maintained at a temperature of -11 °C or lower.

Food utensils

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

 

                (a)    designed to be easily cleaned;

 

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

 

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

Food contamination

110 A person must not eat, prepare or store food

 

                (a)    in an area where a hazardous substance may contaminate food, dishes orutensils;

 

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

 

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

Food waste and garbage

111 (1)    Food waste and garbage must be removed daily from personal service rooms andfood preparation areas.

 

       (2)    Food waste and garbage must be disposed of by a sanitary drainage system, held in agarbage container or incinerated.

 

       (3)    Every employer must adopt and implement a procedure that requires thatcombustible garbage not be incinerated unless precautions have been taken to ensurethat the fire does not endanger employees, the safety of the workplace or the integrityof any equipment.

Garbage containers

112 Garbage containers must be

 

                (a)    maintained in a clean and sanitary condition;

 

                (b)    cleaned and disinfected in an area separate from personal service rooms andfood preparation areas;

 

                (c)    if there may be internal pressure in the container, so designed that the pressureis relieved by controlled ventilation;

 

                (d)    constructed of a non-absorbent material and provided with a tight-fitting top;

 

                (e)    located in an area that is inaccessible to animals; and

 

                (f)    if liquids, wet materials or food waste are disposed of in them, leakproof.

Dining areas

113 Every dining area provided by the employer must be

 

                (a)    of sufficient size to allow seating and table space for the employees whonormally use the dining area at any one time;

 

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

 

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

Ventilation

114 The intake or exhaust duct for a ventilation system must be so located that no employeemay be exposed to any hazardous substance drawn in or exhausted through the duct.

Clothing storage

115 Clothing storage facilities must be provided by the employer for the storage of overcoatsand other clothes not worn by employees while they are working.

Change room

116 (1)    A change room must be provided by the employer if

 

                (a)    the nature of the work engaged in by an employee makes it necessary for theemployee to change from street clothes to work clothes for health or safetyreasons; or

 

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

 

       (2)    If wet or contaminated work clothing referred to in clause (1)(b) is changed, it mustbe stored in such a manner that it does not come in contact with clothing that is notwet or contaminated.

 

       (3)    An employee must not leave the workplace wearing clothing contaminated by ahazardous substance.

 

       (4)    Every employer must supply facilities for the drying or cleaning of wet orcontaminated clothing referred to in clause (1)(b).

Part 10: Hazardous Substances

Definitions for Part 10

117 The following definitions apply in this Part:

 

“hazard information” mean[s], in respect of a hazardous substance, information onthe proper and safe storage, handling and use of the hazardous substance, includinginformation relating to its toxicological properties;

 

“lower explosive limit” means the lower limit of flammability of a chemical agent ora combination of chemical agents at ambient temperature and pressure, expressed

 

                         (i)     for a gas or vapour, as a percentage per volume of air, and
 
                         (ii)    for dust, as the weight of dust per volume of air;

 

“product identifier” means, in respect of a hazardous substance, the brand name,code name or code number specified by the supplier or employer or the chemicalname, common name, generic name or trade name;

 

“supplier” means a person who is a manufacturer, processor or packager of ahazardous substance or a person who, in the course of business, imports or sells ahazardous substance.

Application of Part 10

118 This Part does not apply to the transportation or handling of dangerous goods to which theTransportation of Dangerous Goods Act (Canada) and regulations made under it apply.

Division 1: General Hazard Prevention and Control Procedures

Hazard investigation

119 (1)    If there is a likelihood that the health or safety of an employee in a workplace is ormay be endangered by exposure to a hazardous substance or by insufficient lighting,the employer must, without delay,

 

                (a)    appoint a qualified person to carry out an investigation; and

 

                (b)    notify the committee or coordinator of the proposed investigation and of thename of the qualified person appointed to carry out that investigation.

 

       (2)    In the investigation, the following criteria must be taken into consideration:

 

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

 

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

 

                (c)    the effects on health and safety of exposure to the hazardous substance;

 

                (d)    the state, concentration and quantity of the hazardous substance handled;

 

                (e)    the manner in which the hazardous substance is handled;

 

                (f)    the control methods used to eliminate or reduce exposure;

 

                (g)    the possibility that the concentration of the hazardous substance to which anemployee is likely to be exposed exceeds a value or percentage referred to inSection 136 or 137;

 

                (h)    the possibility that the level of lighting in the workplace is less than the levelprescribed in Part 6; and

 

                (i)     the possibility that the level of sound in the workplace is greater than the levelprescribed in Part 7.

Written report

120 On completion of the investigation referred to in subsection 119(1) and after consultationwith the committee or the coordinator, the qualified person must set out in a written reportsigned by the qualified person

 

                (a)    the qualified person’s observations respecting the criteria considered inaccordance with subsection 119(2); and

 

                (b)    the qualified person’s recommendations respecting the manner of compliancewith Sections 122 to 141.

Report to be maintained

121 The report referred to in Section 120 must be kept by the employer at the workplace towhich it applies for 1 year after the date on which the qualified person signed the report.

Substitution of substances

122 (1)    A hazardous substance must not be used for any purpose in a workplace if it isreasonably practicable to substitute for that substance a substance that is not ahazardous substance.

 

       (2)    If a hazardous substance is required to be used for any purpose in a workplace andan equivalent substance that is less hazardous is available to be used for that purpose,the equivalent substance must be substituted for the hazardous substance if it isreasonably practicable to do.

Ventilation

123 Every ventilation system used to control the concentration of an airborne hazardoussubstance must be so designed, constructed and installed that

 

                (a)    if the hazardous substance is a chemical agent, the concentration of thechemical agent does not exceed the values, levels and percentages prescribedin Sections 136 and 137; and

 

                (b)    if the hazardous substance is not a chemical agent, the concentration of thehazardous substance is not hazardous to the health or safety of employees.

Air pressure

124 (1)    Subject to subsection (2), if there is a likelihood that explosive or toxic vapours mayenter an enclosed workplace or living accommodation, the air pressure in theworkplace or living accommodation must, if reasonably practicable, be maintainedpositive in relation to the air pressure in the surrounding area.

 

       (2)    If there is a source of explosive or toxic vapours at a workplace, the air pressure inthe area of the source must be maintained negative with respect to any adjacentenclosed area.

Warnings

125 If reasonably practicable, automated warning and detection systems must be provided bythe employer when the seriousness of any exposure to a hazardous substance so requires.

Storage, handling and use

126 Every hazardous substance stored, handled or used in a workplace must be stored, handledand used in a manner in which the hazard related to that substance is reduced to aminimum.

Confirming hazard

127 Subject to Section 130, when a hazardous substance is stored, handled or used in aworkplace, any hazard resulting from that storage, handling or use must be confined to assmall an area as reasonably practicable.

Container for hazardous substance

128 (1)    Every container for a hazardous substance that is used in a workplace must be sodesigned and constructed that it protects the employees from any health or safetyhazard that is created by the hazardous substance.

 

       (2)    If a container referred to in subsection (1) is emptied and is not to be refilled with thehazardous substance, it must be completely cleaned of the hazardous substance thatwas stored in it before being reused and the label identifying the hazardous substancemust be removed.

Quantity of hazardous substance

129 The quantity of a hazardous substance used or processed in a workplace must, to the extentreasonably practicable, be kept to a minimum.

Static electricity

130 If a hazardous substance is capable of combining with another substance to form anignitable combination and a hazard of ignition of the combination by static electricityexists, the standards set out in the United States National Fire Prevention Associationpublication NFPA 77, Recommended Practice on Static Electricity, published in 2007.[sic]

Warning of hazardous substances

131 (1)    If a hazardous substance is stored in a workplace, signs must be posted inconspicuous places warning of the presence of the hazardous substance.

 

       (2)    Hazard information in respect of hazardous substances that are, or are likely to be,present in a workplace must be readily available for examination at the workplace.

Assembly of pipes

132 Every assembly of pipes, pipe fittings, valves, safety devices, pumps, compressors andother fixed equipment that is used for transferring a hazardous substance from one locationto another must be

 

                (a)    labelled to identify the hazardous substance transferred there;

 

                (b)    fitted with valves and other control and safety devices to ensure its safeoperation;

 

                (c)    inspected by a qualified person before it is placed in service and once a yearafter that; and

 

                

                (d)    maintained and repaired by a qualified person.

Employee education

133 (1)    Every employer must, in consultation with the committee or the coordinator, developand implement an employee education program with respect to hazard preventionand control at the workplace.

 

       (2)    The employee education program referred to in subsection (1) must include

 

                (a)    the instruction of each employee who handles or is exposed to or is likely tohandle 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 of the hazardoussubstance or by the employer on a material safety data sheet or on alabel,

 

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

 

                         (iv)   the observations referred to in clause 120(a),

 

                         (v)    the information disclosed on the material safety data sheet referred to inSection 143 and the purpose and significance of that information,

 

                         (vi)   in respect of controlled products in the workplace, the informationrequired to be disclosed on a material safety data sheet and on a labelunder Division 3 and the purposes and significance of that information,and

 

                         (vii)  the information referred to in subsection 131(2);

 

                (b)    the instruction and training of each employee who operates, maintains orrepairs an assembly of pipes referred to in Section 132 with respect to

 

                         (i)     every valve and other control and safety device connected to theassembly of pipes, and
 
                         (ii)    the procedures to follow for the proper and safe use of the assembly ofpipes;

 

                (c)    the instruction and training of each employee referred to in clauses (a) and (b)with respect to

 

                         (i)  the procedures to follow to implement the provisions of Sections 126,127 and 130, and

 

                         (ii)  the procedures to follow for the safe storage, handling, use and disposalof hazardous substances, including procedures to be followed in anemergency involving a hazardous substance; and

 

                (d)    if the employer makes a computerized version of a material safety data sheetavailable in accordance with subsection 149(2), the training of each employeein accessing that material safety data sheet.

 

       (3)    Every employer must, in consultation with the committee or the coordinator, reviewthe employee education program referred to in subsection (1) and, if necessary,revise it

 

                (a)    at least once a year;

 

                (b)    whenever there is a change in conditions in respect of the hazardous substancesin the workplace; and

 

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

Record of program

134 A written record of the employee education program referred to in subsection 133(1) mustbe kept by the employer readily available for examination by employees for as long as theemployees

 

                (a)    handle or are exposed to or are likely to handle or be exposed to the hazardoussubstance; or

 

                (b)    operate, maintain or repair the assembly of pipes.

Medical examinations

135 (1)    If the report referred to in Section 120 contains a recommendation for a medicalexamination, the employer may, regarding that recommendation, consult a physicianwho has specialized knowledge in respect of the hazardous substance in theworkplace.

 

       (2)    If the employer does not consult a physician, or if the employer does consult aphysician and the physician confirms the recommendation for a medicalexamination, the employer must not permit an employee to work with the hazardoussubstance in the workplace until a physician who has the specialized knowledgereferred to in subsection (1) and is acceptable to the employee has examined theemployee and declared the employee fit for work with the hazardous substance.

 

       (3)    If an employer consults a physician, the employer must keep a copy of the decisionof the physician with the report referred to in Section 120.

 

       (4)    The cost of a medical examination must be borne by the employer.

Control of hazards

136 (1)    An employee must not be exposed to a concentration of

 

                (a)    an airborne chemical agent, other than grain dust, in excess of the value for thatchemical agent adopted by the American Conference of GovernmentalIndustrial Hygienists in its publication entitled 2012 Threshold Limit Valuesand Biological Exposure Indices;

 

                (b)    airborne grain dust, respirable and non-respirable, in excess of 10 mg/m3; or

 

                (c)    an airborne hazardous substance, other than a chemical agent, that is hazardousto the health and safety of the employee.

 

       (2)    If there is a likelihood that the concentration of an airborne chemical agent mayexceed the value referred to in clause (1)(a) or (b), the air must be sampled and theconcentration of the chemical agent determined by a qualified person by a test inaccordance with

 

                (a)    the standards set out by the United States National Institute for OccupationalSafety and Health in the NIOSH Manual of Analytical Methods, fourth edition,published in 1994; or

 

                (b)    a method set out in the United States Federal Register, volume 40, number 33,dated February 18, 1975, as amended by volume 41, number 53, dated March17, 1976.

 

       (3)    A record of each test made under subsection (2) must be kept by the employer at theemployer’s place of business nearest to the workplace where the air was sampled for2 years after the date of the test.

 

       (4)    The record must include

 

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

 

                (b)    the chemical agent for which the test was made;

 

                (c)    the sampling and testing method used;

 

                (d)    the result obtained; and

 

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

Lower explosive limit

137 (1)    Subject to subsections (2) and (3), the concentration of an airborne chemical agent orcombination of chemical agents in a workplace must be less than 50% of the lowerexplosive limit of the chemical agent or combination of chemical agents.

 

       (2)    If a source of ignition may ignite the concentration of an airborne chemical agent orcombination of chemical agents in a workplace, that concentration must not exceed10% of the lower explosive limit of the chemical agent or combination of chemicalagents.

 

       (3)    Subsection (1) does not apply if

 

                (a)    the workplace is in a hazardous location as defined in the Canadian ElectricalCode;

 

                (b)    the workplace is equipped with an alarm system that will automatically beactivated when the concentration referred to in subsection (1) exceeds 60% ofthe lower explosive limit of the chemical agent or combination of chemicalagents; and

 

                (c)    no employee is exposed to a level in excess of 75% of the lower explosivelimit of the chemical agent or combination of chemical agents.

Compressed air

138 (1)    Compressed air must be used in such a manner that the air is not directed forciblyagainst any person.

 

       (2)    When compressed air is used, its use must not result in a concentration of ahazardous substance in the atmosphere in excess of the value for the hazardoussubstance prescribed in subsection 136(1).

Explosives

139 (1)    A detonator must not be stored with an explosive that is not a detonator.

 

       (2)    A detonator must not be stored with a detonator of a different type.

 

       (3)    Not more than 75 kg of explosives must be stored on a drilling unit or offshoreproduction facility.

 

       (4)    Explosives must be stored in a locked container that is accessible only to a qualifiedperson.

Use and record of use

140 (1)    Explosives must be used, stored and controlled by a qualified person.

 

       (2)    The qualified person must make a record of all explosives used or stored by thequalified person or removed for use.

 

       (3)    The record must be kept readily accessible at the workplace and must contain

 

                (a)    the type and amount of explosives used, stored or removed for use;

 

                (b)    the date of use, storage or removal;

 

                (c)    particulars of the use of the explosive; and

 

                (d)    the name of the qualified person who made the record.

Radiation-emitting devices

141 (1)    When a device that is capable of producing and emitting energy in the form ofelectromagnetic waves or acoustical waves is used in a workplace, the employermust, if the device is referred to in subsection (2), adopt and implement theapplicable safety code of Health Canada’s Radiation Protection Bureau as specifiedin that subsection.

 

       (2)    For the purposes of subsection (1), the applicable safety code is

 

                (a)    in respect of radiofrequency and microwave devices in the frequency range 10MHz to 300 GHz, Safety Code - 6, published in 2009;

 

                (b)    in respect of X-ray equipment in medical diagnosis, Safety Code - 35,published in 1999;

 

                (c)    in respect of baggage inspection X-ray equipment, Safety Code - 29;

 

                (d)    in respect of dental X-ray equipment, Safety Code - 30;

 

                (e)    in respect of ultrasound, Guidelines for the Safe Use of Diagnostic Ultrasound,published in 2001 and Safety Code - 24, published in 1991; and

 

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

Division 2: Hazardous Substances Other Than Controlled Products

Identification

142 Every container of a hazardous substance, other than a controlled product, that is stored,handled or used in the workplace must be labelled in a manner that discloses clearly thename of the substance and the hazardous properties of the substance.

Material safety data sheets

143 If a material safety data sheet pertaining to a hazardous substance, other than a controlledproduct, that is stored, handled or used in a workplace may be obtained from the supplierof the hazardous substance, the employer must

 

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

 

                (b)    keep a copy of the material safety data sheet readily available in the workplacefor examination by employees.

Division 3: Controlled Products

Definitions for Division 3

143 The following definitions apply in this Division:

 

“bulk shipment” means a shipment of a controlled product that is contained, withoutintermediate containment or intermediate packaging, in

 

                         (i)     a tank with a water capacity of more than 454 L,

 

                         (ii)    a freight container or a portable tank,
 
                         (iii)   a road vehicle, railway vehicle or ship, or
 
                         (iv)   a pipeline;

 

“fugitive emission” means a controlled product in gas, liquid or solid form thatescapes from processing equipment, from control emission equipment or from aproduct;

 

“hazardous waste” means a controlled product that is intended solely for disposal oris sold for recycling or recovery;

 

“manufactured article” means any article that is formed to a specific shape or designduring manufacture, the intended use of which when in that form is dependent inwhole or in part on its shape or design, and that, under normal conditions of use, willnot release or otherwise cause a person to be exposed to a controlled product;

 

“readily available” means present in an appropriate place in a physical copy formthat can be handled;

 

“risk phrase” means, in respect of a controlled product, a statement identifying ahazard that may arise from the use of or exposure to the controlled product;

 

“sale” includes offer for sale, expose for sale and distribute;

 

“supplier label” means, in respect of a controlled product, a label prepared by asupplier under the Hazardous Products Act (Canada);

 

“supplier material safety data sheet” means, in respect of a controlled product, amaterial safety data sheet prepared by a supplier under the Hazardous Products Act(Canada);

 

“workplace label” means, in respect of a controlled product, a label prepared by anemployer under this Division;

 

“workplace material safety data sheet” means, in respect of a controlled product, amaterial safety data sheet prepared by an employer under subsection 148(1) or (2).

Application of Division

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

 

                (a)    wood or product made of wood;

 

                (b)    tobacco or product made of tobacco; or

 

                (c)    manufactured article.

 

       (2)    This Division, other than Section 158, does not apply in respect of hazardous waste.

Material safety data sheets and labels in respect of certain controlled products

146 Subject to Section 157, every employer must adopt and implement the provisions ofSections 142 and 143 in respect of a controlled product and may, in so doing, replace thename of the substance with the product identifier, when the controlled product is acontrolled product that

 

                (a)    is present in the workplace;

 

                (b)    was received from a supplier; and

 

                (c)    is 1 of the following:

 

                         (i)     an explosive within the meaning of the Explosives Act (Canada),
 
                         (ii)    a cosmetic, device, drug or food within the meaning of the Food andDrugs Act (Canada),
 
                         (iii)   a pest control product within the meaning of the Pest Control ProductsAct (Canada),
 
                         (iv)   a prescribed substance within the meaning of the Nuclear Safety andControl Act (Canada), and
 
                         (v)    a product, material or substance included in Part 2 of the HazardousProducts Act (Canada) that is packaged as a consumer product.

Supplier material safety data sheets

147 (1)    If a controlled product, other than a controlled product referred to in clause 146(c), isreceived by an employer, the employer must, at the time the controlled product isreceived in the workplace, obtain from the supplier of the controlled product asupplier material safety data sheet, unless the employer has in the employer’spossession a supplier material safety data sheet that

 

                (a)    is for a controlled product that has the same product identifier;

 

                (b)    discloses information that is current at the time that the controlled product isreceived; and

 

                (c)    was prepared and dated not more than 3 years before the date that thecontrolled product is received.

 

       (2)    If there is a controlled product in a workplace and the supplier material safety datasheet pertaining to the controlled product is 3 years old, the employer must, ifreasonably practicable, obtain from the supplier an up-to-date supplier material safetydata sheet.

 

       (3)    If it is not reasonably practicable for an employer to obtain an up-to-date suppliermaterial safety data sheet referred to in subsection (2), the employer must update thehazard information on the most recent supplier material safety data sheet that theemployer has received on the basis of the ingredients disclosed in that suppliermaterial safety data sheet.

 

       (4)    If a controlled product is received in a workplace that is a laboratory, the employer isexcepted from the requirements of subsection (1) if the controlled product

 

                (a)    originates from a laboratory supply house;

 

                (b)    is intended for use in a laboratory;

 

                (c)    is packaged in a container in a quantity of less than 10 kg; and

 

                (d)    is packaged in a container that has applied to it a supplier label.

Workplace material safety data sheets

148 (1)    Subject to Section 157, if an employer produces a controlled product, other than afugitive emission, in a workplace or imports into Canada a controlled product andbrings it into a workplace, the employer must prepare a workplace material safetydata sheet in respect of the controlled product that discloses the information requiredto be disclosed under subclauses 202W(e)(i) to (iv) of the Act.

 

       (2)    Subject to Section 157, if an employer receives a supplier material safety data sheet,the employer may prepare a workplace material safety data sheet to be used in theworkplace in place of the supplier material safety data sheet if

 

                (a)    the workplace material safety data sheet discloses at least the informationdisclosed on the supplier material safety data sheet;

 

                (b)    the information disclosed on the workplace material safety data sheet does notdisclaim or contradict the information disclosed on the supplier material safetydata sheet;

 

                (c)    the supplier material safety data sheet is available for examination byemployees in the workplace; and

 

                (d)    the workplace material safety data sheet discloses that the supplier materialsafety data sheet is available in the workplace.

 

       (3)    If an employer produces, in a workplace that is a laboratory supply house, or importsinto Canada and brings into such a workplace, a controlled product that is intendedto be used in a laboratory, the employer is exempted from the requirements ofsubsection (1) if the employer

 

                (a)    packages the controlled product in containers in quantities of less than 10 kgper container; and

 

                (b)    subject to Section 157, discloses on the label of the container of the controlledproduct the information required to be disclosed under Section 154.

 

       (4)    The employer must update the workplace material safety data sheet referred to insubsection (1) or (2) or the label referred to in clause (3)(b)

 

                (a)    as soon as reasonably practicable in the circumstances but not later than 90days after new hazard information becomes available to the employer; and
 
                (b)    at least every 3 years.

 

       (5)    If the information required to be disclosed under this Section is not available to theemployer or not applicable to the controlled product, the employer must replace theinformation with 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 casemay be, in the French version of the material safety data sheet.

Availability of material safety data sheets

149 (1)    Subject to subsection (2), every employer, other than an employer referred to insubsection 147(4), must keep readily available for examination by employees and bythe committee or the coordinator, in any workplace in which an employee mayhandle or be exposed to a controlled product, a copy in English and in French of

 

                (a)    in the case of an employer who is an employer referred to in subsection 148(1)or (2), the workplace material safety data sheet; and

 

                (b)    in any other case, the supplier material safety data sheet.

 

       (2)    In place of keeping a material safety data sheet in the manner required undersubsection (1), an employer may make a computerized version of the material safetydata sheet available in English and in French for examination by employees and bythe committee or the coordinator by means of a computer if the employer

 

                (a)    takes all reasonable steps to keep the computer in working order;

 

                (b)    provides the training referred to in clause 133(2)(d) to the employees and to thecommittee or to the coordinator; and

 

                (c)    on the request of an employee or the committee or the coordinator, makes thematerial safety data sheet readily available to the employee or the committee.

Labels

150 (1)    Subject to Sections 152 to 154, each controlled product, other than a controlledproduct referred to in clause 146(c), in a workplace and each container in which sucha controlled product is contained in a workplace must, if the controlled product orthe container was received from a supplier,

 

                (a)    in the case of a controlled product that was received in a bulk shipment, beaccompanied by a supplier label;

 

                (b)    in the case of an employer who has undertaken in writing to the supplier toapply a label to the inner container of the controlled product, have applied

 

                         (i)     to the outer container a supplier label, and
 
                         (ii)    as soon as reasonably practicable after the controlled product is receivedfrom the supplier, to the inner container a supplier label; and

 

                (c)    in any other case, have applied to it a supplier label.

 

       (2)    Subject to Sections 152 to 154 and 157, when a controlled product, other than acontrolled product referred to in clause 146(c), is received from a supplier and anemployer places the controlled product in the workplace in a container other than thecontainer in which it was received from the supplier, the employer must apply to thecontainer a supplier label or a workplace label that discloses the information referredto in clauses 151(1)(a) to (c).

 

       (3)    Subject to Sections 156 and 157, a person must not remove, deface, modify or alterthe supplier label applied to

 

                (a)    a controlled product that is in the workplace; or

 

                (b)    a container of a controlled product that is in the workplace.

Information on label

151 (1)    Subject to Section 153, if an employer produces a controlled product, other than afugitive emission, in a workplace or imports into Canada a controlled product andbrings it into a workplace, and the controlled product is not in a container, theemployer must disclose the following information on a workplace label applied tothe controlled product or on a sign posted in a conspicuous place in the workplace:

 

                (a)    the product identifier;

 

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

 

                (c)    a statement indicating that a workplace material safety data sheet for thecontrolled product is available in the workplace.

 

       (2)    Subject to Sections 152 to 154, when an employer produces a controlled product,other than a fugitive emission, in a workplace, or imports into Canada a controlledproduct and brings it into a workplace, and places the controlled product in acontainer, the employer must apply to the container a workplace label that disclosesthe information referred to in clauses (1)(a) to (c).

 

       (3)    Subsection (2) does not apply in respect of a controlled product that is

 

                (a)    intended for export; or

 

                (b)    packaged in a container for sale in Canada, if the container is or is in theprocess of being appropriately labelled for that purpose.

Portable containers

152 If an employer stores a controlled product in the workplace in a container that has appliedto it a supplier label or a workplace label, a portable container filled from that containerdoes not have to be labelled in accordance with Section 150 or 151 if

 

                (a)    the controlled product is required for immediate use; or

 

                (b)    the following conditions apply in respect of the controlled product:

 

                         (i)     it is under the control of and used exclusively by the employee who filledthe portable container,
 
                         (ii)    it is used only during the work shift in which the portable container wasfilled, and
 
                         (iii)   it is clearly identified by a workplace label applied to the portablecontainer that discloses the product identifier.

Special cases

153 An employer must, in a conspicuous place near a controlled product, post a sign in respectof the controlled product that discloses the product identifier if the controlled product is

 

                (a)    in a process, reaction or storage vessel;

 

                (b)    in a continuous-run container;

 

                (c)    a bulk shipment that is not placed in a container at the workplace; or

 

                (d)    not in a container and stored in bulk.

Laboratories

154 The label of the container of a controlled product in a laboratory must disclose

 

                (a)    if the controlled product is used exclusively in the laboratory, the productidentifier;

 

                (b)    if the controlled product is a mixture or substance undergoing an analysis, testor evaluation in the laboratory, the product identifier; and

 

                (c)    if the controlled product originates from a laboratory supply house and wasreceived in a container containing a quantity of less than 10 kg, the followinginformation:

 

                         (i)     the product identifier,
 
                         (ii)    if a material safety data sheet is available, a statement to that effect,
 
                         (iii)   risk phrases that are appropriate to the controlled product,
 
                         (iv)   precautionary measures to be followed when handling, using or beingexposed to the controlled product, and
 
                         (v)    if appropriate, first aid measures to be taken in case of exposure to thecontrolled product.

Signs

155 The information disclosed on a sign referred to in subsection 151(1), Section 153 or clause158(b) must be of such a size that it is clearly legible to the employees in the workplace.

Replacing labels

156 If, in a workplace, a label applied to a controlled product or a container of a controlledproduct becomes illegible or is removed from the controlled product or the container, theemployer must replace the label with a workplace label that discloses the followinginformation:

 

                (a)    the product identifier;

 

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

 

                (c)    a statement indicating that a material safety data sheet for the controlledproduct is available in the workplace.

Exemptions from disclosure

157 (1)    Subject to subsection (2), if an employer has filed a claim under subsection 11(2) ofthe Hazardous Materials Information Review Act (Canada) for exemption from therequirement to disclose information on a material safety data sheet or on a label, theemployer must disclose, in place of the information that the employer is exemptfrom disclosing,

 

                (a)    if there is no final disposition of the proceedings in relation to the claim, thedate that the claim for exemption was filed and the registry number assigned tothe claim under the Hazardous Materials Information Review Act (Canada);and

 

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

 

       (2)    If a claim for exemption referred to in subsection (1) is in respect of the chemicalname, common name, generic name, trade name or brand name of a controlledproduct, the employer must, on the material safety data sheet or label of thecontrolled product, replace that information with a code name or code numberspecified by the employer as the product identifier for that controlled product.

Hazardous waste

158 If a controlled product in the workplace is hazardous waste, the employer must clearlyidentify it as hazardous waste 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.

Information required in a medical emergency

159 For the purposes of subsection [Section] 202X of the Act, a medical professional is aregistered nurse registered or licensed under the laws of a province or a medic.

Part 11: Confined Spaces

Definition for Part 11

160 In this Part, “confined space” means a storage tank, process vessel, ballast tank or otherenclosure not designed or intended for human occupancy, except for the purpose ofperforming work,

 

                (a)    that has poor ventilation;

 

                (b)    in which there may be an oxygen-deficient atmosphere; or

 

                (c)    in which there may be an airborne hazardous substance.

Testing and reporting procedures

161 (1)    If a person is about to enter into a confined space, the employer must appoint aqualified person to verify by tests that

 

                (a)    the concentration of any chemical agent in the confined space to which theperson is likely to be exposed does not exceed the value referred to insubsection 136(1), and does not exceed the percentage referred to in Section137;

 

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

 

                (c)    the percentage of oxygen in the atmosphere in the confined space is not lessthan 18% by volume and not more than 23% by volume at normal atmosphericpressure and the partial pressure of oxygen is not less than 135 mm Hg in anycase;

 

                (d)    the level or percentage referred to in clauses (a) to (c) can be maintained duringthe period of proposed occupancy of the confined space by the person;

 

                (e)    any liquid in which a person may drown or any free-flowing solid in which aperson may become entrapped has been removed to the extent that isreasonably practicable from the confined space;

 

                (f)    the entry of any liquid, free-flowing solid or hazardous substance into theconfined space has been prevented by a secure means of disconnection or thefitting of blank flanges;

 

                (g)    all electrical and mechanical equipment that presents a hazard to a personentering into, exiting from or occupying the confined space has beendisconnected from its power source and locked out; and

 

                (h)    the opening for entry into and exit from the confined space is sufficient in sizeto allow safe passage of a person who is using protection equipment.

 

       (2)    The qualified person referred to in subsection (1) must, in a written report signed bythe qualified person,

 

                (a)    set out

 

                         (i)     the location of the confined space,
 
                         (ii)    a record of the results of the tests made in accordance with subsection(1), and
 
                         (iii)   an evaluation of the hazards of the confined space;

 

                (b)    if the employer has established procedures to be followed by a person enteringinto, exiting from or occupying the confined space, identify which of thoseprocedures are to be followed;

 

                (c)    if the employer has not established procedures referred to in clause (b), set outthe procedures to be followed by a person referred to in that clause;

 

                (d)    identify the protection equipment referred to in Part 8 that is to be used byevery person granted access to the confined space;

 

                (e)    identify which of the procedures are to be followed if the employer hasestablished emergency procedures to be followed in the event of an accident orother emergency in or near the confined space, including immediate evacuationof the confined space when

 

                         (i)     an alarm is activated, or
 
                         (ii)    there is any significant change in the value, level or percentage referredto in subsection (1);

 

                (f)    if the employer has not established emergency procedures referred to in clause(e), set out emergency procedures to be followed, including immediateevacuation of the confined space in the circumstances referred to in that clause;and

 

                (g)    specify the protection equipment, emergency equipment and any additionalequipment to be used by an employee who undertakes rescue operations in theevent of an accident or other emergency.

 

       (3)    The employer must provide to each person granted access to the confined space theprotection equipment referred to in subsection (2).

 

       (4)    The written report referred to in subsection (2) and any procedures identified in thereport must be explained to an employee who is about to enter into the confinedspace, other than the qualified person referred to in subsection (1), and the employeemust acknowledge by signing a dated copy of the report that the employee has readthe report and that the report and the procedures were explained to the employee.

 

       (5)    The employee referred to in subsection (4) must be instructed and trained in theprocedures and in the use of the protection equipment referred to in subsection (2).

 

       (6)    Every employee who enters into, exits from or occupies the confined space mustfollow the procedures and use the protection equipment referred to in subsection (2).

Alternate procedure

162 If conditions in the confined space or the nature of the work to be performed in theconfined space are such that subclause 161(1)(a)(i) and clauses 161(1)(c), (e) and (f)cannot be complied with, the following procedures apply:

 

                (a)    a qualified person trained in the procedures referred to in subsection 161(2)must be

 

                         (i)     in attendance outside the confined space,
 
                         (ii)    in communication with the person inside the confined space, and
 
                         (iii)   provided with a suitable alarm device for summoning assistance;

 

                (b)    every person granted access to the confined space must be provided with andtrained in the use of the protection equipment referred to in subsection 161(2);

 

                (c)    every employee entering into, exiting from and occupying the confined spacemust wear a safety harness that is securely attached to a life line that is attachedto a secure anchor outside the confined space and is controlled by the qualifiedperson referred to in clause (a);

 

                (d)    2 or more employees must be in the immediate vicinity of the confined spaceto assist in the event of an accident or other emergency; and

 

                (e)    1 of the employees referred to in clause (d) must

 

                         (i)     be trained in the emergency procedures referred to in subsection 161(2),
 
                         (ii)    be a first aid attendant who has successfully completed a CPR course,and
 
                         (iii)   be provided with the protection equipment and emergency equipmentreferred to in subsection 161(2).

Sealing confined space

163 Before a confined space is sealed, the person in charge of the area surrounding theconfined space must ascertain that no person is inside the confined space.

Hot work operations

164 (1)    Hot work must not be performed in a confined space when an explosive orflammable hazardous substance may be present unless a qualified person hasdetermined that the work can be safely performed in the confined space.

 

       (2)    When hot work is to be performed in a confined space,

 

                (a)    a qualified person must patrol the area surrounding the confined space andmaintain a fire protection watch there until all hazard of fire is passed; and

 

                (b)    fire extinguishers must be provided in the area referred to in clause (a).

Ventilation equipment

165 (1)    If a hazardous substance may be produced by hot work in a confined space,

 

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

 

                (b)    every employee who enters into, exits from and occupies the confined spacemust use a respiratory protective device that meets the requirements of Section174.

 

       (2)    If an airborne hazardous substance or oxygen in the atmosphere in a confined spaceis maintained at the value, level or percentage prescribed in subsection 161(1) by theuse of ventilation equipment, a person must not be granted access to the confinedspace unless

 

                (a)    the ventilation equipment is

 

                         (i)     equipped with an alarm that will, if the equipment fails, be activatedautomatically and be audible or visible to any person in the confinedspace, or
 
                         (ii)    monitored by an employee who is in constant attendance at theequipment; and

 

                (b)    in the event of failure of the ventilation equipment, sufficient time will beavailable for the person to escape from the confined space before

 

                         (i)     the person’s exposure to or the concentration of a hazardous substance inthe confined space exceeds the value, level or percentage prescribed inclause 161(1)(a) or (b), or
 
                         (ii)    the percentage of oxygen in the atmosphere ceases to meet therequirements of clause 161(1)(c).

 

       (3)    The employee referred to in subclause (2)(a)(ii) must activate an alarm in the eventof failure of the ventilation equipment.

Keeping reports

166 The written report referred to in subsection 161(2) must be kept by the employer for 1 yearafter the date on which the qualified person signs the report.

Keeping procedures

167 When the employer establishes procedures or emergency procedures referred to in clause161(2)(b) or (e), the employer must keep a copy of them at the employer’s place ofbusiness nearest to the workplace in which the confined space is located.

Part 12: Protection Equipment

Protection equipment required

168 Every person granted access to the workplace who is exposed to that hazard must use theprotection equipment prescribed by this Part if

 

                (a)    it is not reasonably practicable to eliminate or control the hazard in aworkplace within safe limits; and

 

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

Design of equipment

169 All protection equipment

 

                (a)    must be designed to protect the person from the hazard for which it isprovided; and

 

                (b)    must not in itself create a hazard.

Maintaining equipment

170 All protection equipment provided by the employer must

 

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

 

                (b)    if necessary to prevent a health hazard, be maintained in a clean and sanitarycondition by a qualified person.

Protective headwear

171 If there is a hazard of head injury in a workplace, the employer must provide protectiveheadwear that meets CSA standard CSA Z94.1-05, Industrial Protective Headwear -Performance, Selection, Care and Use, published in 2005.

Protective footwear

172 (1)    If there is a hazard of a foot injury or electric shock through footwear in a workplace,protective footwear that meets CSA standard CSA Z195-09, Protective Footwear,published in 2009. [sic]

 

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

Eye and face protection

173 If there is a hazard of injury to the eyes, face, ears or front of the neck of an employee in aworkplace, the employer must provide eye or face protectors that meet CSA standard CSAZ94.3-07, Eye and Face Protectors, published in 2007.

Respiratory protection

174 (1)    Subject to subsection (4), if there is a hazard of an airborne hazardous substance oran oxygen-deficient atmosphere in a workplace, the employer must provide arespiratory protective device that is listed in the NIOSH Certified Equipment List asof September 1994, published in 1994 by the United States National Institute forOccupational Safety and Health.

 

       (2)    A respiratory protective device referred to in subsection (1) must be selected, fitted,cared for, used and maintained in accordance with CAN/CSA standard Z94.4-11,Selection, Use and Care of Respirators, published in 2011, excluding paragraphs6.1.5, 10.3.3.1.2 and 10.3.3.4.2(c).

 

       (3)    If air is provided for the purpose of a respiratory protective device referred to insubsection (1),

 

                (a)    the air must meet the standards set out in paragraphs 5.5.2 to 5.5.11 of CSAstandard CSA Z180.1-13, Compressed Breathing Air and Systems, publishedin 2013; and
 
                (b)    the system that supplies air must be constructed, tested, operated andmaintained in accordance with the CSA standard referred to in clause (a).

 

       (4)    If there is a likelihood of exposure to hydrogen sulphide or combustible gases at adrilling rig, drilling unit or production facility, the employer must provide, at areadily accessible location

 

                (a)    on the drill floor, at least 1 self-contained positive pressure breathing device foreach employee normally employed on the drill floor or an air manifoldequipped with a face mask for each such employee;

 

                (b)    at least 2 portable hydrogen sulphide detectors; and

 

                (c)    at least 2 portable combustible gas detectors.

 

       (5)    If employee sleeping quarters are located adjacent to a drilling rig or on a drillingunit or production facility, at least 4 self-contained positive pressure breathingdevices must be located in a readily accessible location.

 

       (6)    A person who may be required to use a respiratory protective device must not havehair that interferes with the functioning of the breathing device.

Removing breathing apparatus from service

175 If a steel or aluminum self-contained breathing apparatus cylinder has a dent deeper than1.5 mm and less than 50 mm in major diameter or shows evidence of deep isolated pitting,cracks or splits, the cylinder must be removed from service until it has been shown to besafe for use by means of a hydrostatic test at a pressure equal to 1.5 times the maximumallowable working pressure.

Skin protection

176 If there is a hazard of injury or disease to or through the skin in a workplace, the employermust provide to every person granted access to the workplace

 

                (a)    a shield or screen;

 

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

 

                (c)    an appropriate body covering.

Fall-protection systems

177 (1)    The employer must provide a fall-protection system if a person, other than anemployee who is installing or removing such a system in accordance with theinstructions referred to in subsection (5), works from

 

                (a)    an unguarded structure that is

 

                         (i)     more than 2.4 m above the nearest permanent safe level,
 
                         (ii)    above any moving parts of machinery or any other surface or thing thatcould cause injury to an employee on contact,
 
                         (iii)   above an open hopper, vat or pit, or
 
                         (iv)   above water more than 1 m deep; or

 

                (b)    a ladder at a height of more than 2.4 m above the nearest permanent safe levelwhen, because of the nature of the work, that person can use only 1 hand tohold onto the ladder.

 

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

 

                (a)    CSA standard CSA Z259.2.1-98, Fall Arresters and Vertical Lifelines andRail, published in 2011;

 

                (b)    CSA standard CSA Z259.1-05, Body Belts and Saddles For Work Positioningand Travel Restraint, published in 2010;

 

                (c)    CSA standard CSA Z259.2.2-98, Self-Retracting Devices for PersonalFall-Arrest Systems, published in 2009;

 

                (d)    CSA standard CAN/CSA Z259.2.3-12, Descent Devices, published in 2012;

 

                (e)    CSA standard CSA Z259.11-05, Energy Absorbers and Lanyards, published in2010;

 

                (f)    CSA standard CSA Z259.12-11, Connecting Components for Personal FallArrest Systems (PFAS), published in 2011;

 

                (g)    CSA standard CSA Z259.13-04, Flexible Horizontal Lifeline Systems,published in 2009;

 

                (h)    CSA standard CSA Z259.16-04, Design of Active Fall Protection Systems,published in 2009; and

 

                (i)     CSA standard CAN/CSA Z259.10-12 Full Body Harnesses, published in2012;

 

       (3)    The anchor of a fall-protection system must be capable of withstanding a force of17.8 kN.
 
       (4)    A fall-protection system that is used to arrest the fall of a person must prevent thatperson

 

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

 

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

 

       (5)    Every employee required to install or remove a fall-protection system in a workplacemust be instructed and trained by the employer in the procedures to be followed forthe installation or removal of the system.

Emergency escape devices

178 (1)    If reasonably practicable, an emergency escape device that is equipped with a brakemechanism that controls the descent of persons using the device must be provided inthe derrick of a drilling rig or an elevated part of a production facility.

 

       (2)    The employer must set out in writing working instructions for the use of the devicereferred to in subsection (1) and keep them in a conspicuous place on the drilling rigor production facility.

 

       (3)    An emergency escape device referred to in subsection (1) must be installed,inspected and maintained by a qualified person.

Protection against drowning

179 (1)    If, in a workplace, there is a hazard of drowning, the employer must provide everyperson granted access to the workplace with

 

                (a)    a life jacket or personal flotation device that meets the Canadian GeneralStandards Board Standard

 

                         (i)     CAN/CGSB 2-65.7-2007, Life Jackets, published in 2007,
 
                         (ii)    CAN/CGSB 65.11-M88, Personal Flotation Devices, published in 1988;or

 

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

 

       (2)    If, in a workplace, there is a hazard of drowning,

 

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

 

                (b)    a qualified person to operate all the emergency equipment provided must bereadily available;

 

                (c)    if appropriate, a powered rescue boat must be provided and held in readiness;and

 

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

 

                         (i)     a full description of the procedures to be followed and the responsibilitiesof all persons granted access to the workplace, and
 
                         (ii)    the location of any emergency equipment.

 

       (3)    If a workplace is a wharf, dock, pier, quay or other similar structure, a ladder thatextends at least 2 rungs below water level must, if reasonably practicable, beinstalled on the face of the structure every 60 m along its length.

Loose-fitting clothing

180 Loose-fitting clothing, long hair, dangling accessories, jewellery or other similar items thatare likely to be hazardous to the health or safety of an employee in a workplace must notbe worn unless they are so tied, covered or otherwise secured as to prevent the hazard.

Protection from extreme temperatures

181 If there is a likelihood that exposure of an employee to extreme temperatures could resultin the employee suffering from hypothermia or hyperthermia, protection equipmentsuitable to protect the employee from the hazard must be used.

Protection against moving vehicles

182 If an employee is regularly exposed to a hazard resulting from contact with movingvehicles during their work, the employee must wear a high-visibility vest or otherhigh-visibility clothing.

Fire protection equipment

183 (1)    Subject to subsection (2), every drilling rig must be equipped with

 

                (a)    at least 1 portable fire extinguisher with a 40 BC rating, as defined in the ULCStandard, that is readily accessible from

 

                         (i)     each boiler,
 
                         (ii)    the drill floor or doghouse,
 
                         (iii)   the enclosure for the choke manifold,
 
                         (iv)   every enclosure housing a fuel-fired engine or heating unit, and
 
                         (v)    every welding unit; and

 

                (b)    at least 1 portable multipurpose fire extinguisher with an 80 BC rating, asdefined in the ULC Standard.

 

       (2)    Fire protection equipment must be installed, inspected and maintained for everyworkplace in accordance with the standards set out in Parts 6 and 7 of the NationalFire Code of Canada, 2010.

 

       (3)    Every workplace must be equipped with the fire protection equipment that isappropriate for fighting any class of fire that may occur.

 

       (4)    A person must not tamper with or activate without cause any fire protectionequipment.

Fire protection equipment testing

184 All fire protection equipment must be inspected by a qualified person at least once a monthand tested, maintained and repaired by a qualified person.

Records

185 (1)    A record of all protection equipment provided by the employer and requiringmaintenance must be kept for as long as the equipment is in use.

 

       (2)    The record referred to in subsection (1) must contain

 

                (a)    a description of the protection equipment and the date of its acquisition by theemployer;

 

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

 

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

 

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

Instructions and training

186 (1)    Every person granted access to the workplace who uses protection equipment mustbe instructed by the employer in the use of the equipment.

 

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

 

       (3)    Every person granted access to a workplace must be instructed in respect of thewritten emergency procedures referred to in clause 179(2)(d).

 

       (4)    The employer must

 

                (a)    set out in writing, and keep readily available for examination by the employeesreferred to in subsection (2), the instructions referred to in that subsection; and

 

                (b)    keep readily available for examination by every person granted access to theworkplace a copy of the emergency procedures referred to in clause 179(2)(d).

Defective protection equipment

187 If an employee finds any defect in protection equipment that may render it unsafe for use,the employee must report the defect to the employer as soon as reasonably practicable.

Removing protection equipment from service

188 An employer must mark or tag as unsafe and remove from service any protectionequipment that has a defect that may render it unsafe for use.

Part 13: Tools and Machinery

Definition for Part 13

189 In this Part, “explosive actuated fastening tool” means a tool that, by means of anexplosive force, propels or discharges a fastener for the purpose of impinging it on,affixing it to or causing it to penetrate another object or material.

 

Non-sparking material

190 The exterior surface of any tool used by an employee in a fire hazard area must be made ofnon-sparking material.

 

Standards for portable tools

191 All portable electric tools used by employees must meet CSA standard CAN/CSA-C22.2No. 60745-2, in its most recent version and applicable to the particular tool.

 

Grounding for portable tools

192 All portable electric tools used by employees must be grounded, except if they

 

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

 

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

 

                (c)    are used in a location when reliable grounding cannot be obtained, if the toolsare supplied from a double-insulated portable ground fault circuit interrupter ofthe class A type that meets CSA standard CAN/CSA C22.2 No. 144-M91,Ground Fault Circuit Interrupters, published 2011.

Portable tools in fire hazard area

193 All portable electric tools used by employees in a fire hazard area must be marked asappropriate for use or designed for use in such a fire hazard area.

Restraining devices

194 If an air hose is connected to a portable air-powered tool used by an employee, arestraining device must be attached to all hose connections and if an employee may beinjured by the tool falling, to the tool.

Explosive actuated fastening tools

195 (1)    All explosive actuated fastening tools used by employees must meet the standards setout in ANSI A10.3-2006, Safety Requirements for Powder-Actuated Systems,published in 2006.

 

       (2)    An employee must not operate an explosive actuated fastening tool unless authorizedto do so by their employer.

 

       (3)    Every employee who operates an explosive actuated fastening tool must operate it inaccordance with the CSA standard referred to in subsection (1).

Chain saws

196 All chain saws used by employees must meet CSA standard CSA Z62.1-11, Chain Saws,published in 2011.

 

Defective tools and machines

197 If an employee finds any defect in a tool or machine that may render it unsafe for use, theemployee must report the defect to the employer as soon as reasonably practicable.

 

Removing tool or machine from service

198 An employer must mark or tag as unsafe and remove from service any tool or machineused by employees that has a defect that may render it unsafe for use.

 

Instructions and training

199 Every employee must be instructed and trained by a qualified person appointed by theemployer in the safe and proper inspection, maintenance and use of all tools andmachinery that the employee is required to use.

 

Maintaining manuals

200 Every employer must maintain a manual of operating instructions for each type of portableelectric tool, portable air-powered tool, explosive actuated fastening tool and machine usedby the employees and keep it readily available for examination by an employee who isrequired to use the tool or machine to which the manual applies.

General requirements for machine guards

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

 

                (a)    prevents the employee or any part of the employee’s body from coming intocontact with the parts or material;

 

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

 

                (c)    renders the machine inoperative if the employee or any part of employee’sclothing is in or near a part of the machine that is likely to cause injury.

 

       (2)    To the extent that is reasonably practicable, a machine guard referred to in subsection(1) must not be removable.

 

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

Operation, repair and maintenance of machine guards

202 Machine guards must be operated, maintained and repaired by a qualified person.

Machine guard position

203 If a machine guard is installed on a machine, a person must not use or operate the machineunless the machine guard is in its proper position, except to permit the removal of aninjured person.

Repair or maintenance with machine guard removed

204 (1)    Subject to subsection (2), if it is necessary to remove a machine guard from amachine in order to perform repair or maintenance work on the machine, a personmust not perform the repair or maintenance work unless the machine has beenrendered inoperative.

 

       (2)    If it is not reasonably practicable to render a machine referred to in subsection (1)inoperative in order to perform repair or maintenance work on the machine, the workmay be performed if the person performing the work is a qualified person.

Abrasive wheels

205 Abrasive wheels must be used only on machines equipped with machine guards, mountedbetween flanges, and operated in accordance with ANSI standard B7.1-2010, The Use,Care and Protection of Abrasive Wheels, published in 2010.

Bench grinder

206 A bench grinder must be equipped with a work rest or other device that prevents the workpiece from jamming between the abrasive wheel and the wheel guard and does not makecontact with the abrasive wheel at any time.

Mechanical power transmission apparatus

207 Equipment used in the mechanical transmission of power must be guarded in accordanceANSI standard ANSI B11 B15.1-2000, Safety Standard for Mechanical PowerTransmission Apparatus, published in 2008.

Punch presses

208 Punch presses must meet CSA standard CSA Z142-10, Code for the Power PressOperation: Health, Safety and Safeguarding Requirements, published in 2010.

Part 14: Materials Handling

Definitions for Part 14

209 The following definitions apply in this Part:

 

“materials handling area” means an area within which materials handling equipmentmay create a hazard to any person;

 

“materials handling equipment” means equipment used to transport, lift, move orposition materials, goods or things and includes mobile equipment but does notinclude an elevating device;

 

“operator” means an employee who operates materials handling equipment;

 

“safe working load” means, with respect to materials handling equipment, themaximum load that the materials handling equipment is designed and constructed tohandle or support safely;

 

“signaller” means a person instructed by an employer to direct, by means of visual orauditory signals, the safe movement and operation of materials handling equipment.

Division 1: Design and Construction

Standards

210 (1)    The design and construction of drilling and production hoisting equipment mustmeet API standard API SPEC 8A, Drilling and Production Hoisting Equipment,Thirteenth Edition, published in 2001.

 

       (2)    The design and construction of offshore cranes must meet API standard APISpec 2C, API Specification for Offshore Pedestal Mounted Cranes, Sixth Edition,published in 2004.

General design requirements

211 (1)    Materials handling equipment must, to the extent that is reasonably practicable, be sodesigned and constructed that if there is a failure of any part of the materialshandling equipment, it will not result in loss of control of the materials handlingequipment or create a hazardous condition.

 

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

Protection from falling objects

212 (1)    If materials handling equipment is used under such circumstances that the operatormay be struck by a falling object or shifting load, the employer must equip thematerials handling equipment with a protective structure of a design, constructionand strength that it will, under all foreseeable conditions, prevent the penetration ofthe object or load into the area occupied by the operator.

 

       (2)    A protective structure referred to in subsection (1) must be constructed fromnon-combustible or fire-resistant material and designed to permit quick exit from thematerials handling equipment in an emergency.

Load over operator

213 If, during the loading or unloading of materials handling equipment, the load will pass overthe operator’s position, the operator must not occupy the materials handling equipmentunless it is equipped with a protective structure referred to in Section 212.

Protection from overturning

214 Guards must be installed on the deck of every drilling unit, production facility and elevatedworking area on which mobile equipment is used to prevent the equipment from fallingover the sides of the deck or area.

Fuel tanks

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

 

                (a)    so located or protected that under all conditions it is not hazardous to the healthor safety of an employee who is required to operate or ride on the materialshandling equipment; and

 

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

 

                         (i)     be ignited by hot exhaust pipes or other hot or sparking parts, or
 
                         (ii)    be hazardous to the health or safety of any employee who is required tooperate or ride on the materials handling equipment.

Protection from environmental conditions

216 (1)    Materials handling equipment that is regularly used outdoors must be fitted with aroof or other structure that will protect the operator from exposure to anyenvironmental condition that is likely to be hazardous to the operator’s health orsafety.

 

       (2)    When heat produced by materials handling equipment is capable of raising thetemperature in any area occupied by an employee on the equipment to 27 °C ormore, the area must be protected from the heat by an insulated barrier.

Vibration

217 All materials handling equipment must be so designed and constructed that the operatorwill not be injured or the operator’s control of the materials handling equipment impairedby any vibration, jolting or other uneven movement of the materials handling equipment.

Controls

218 The arrangement and design of dial displays and the controls and general layout and designof the operator’s compartment or position on all materials handling equipment must nothinder or prevent the operator from operating the materials handling equipment.

Fire extinguishers

219 Mobile equipment that is used or operated for transporting or handling combustible orflammable substances must be equipped with a portable dry chemical fire extinguisherwhich must have not less than a 5B rating, as defined in the ULC Standard, and be solocated that it is readily accessible to the operator while the operator is in the operatingposition.

Means of entering and exiting

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

Lighting

221 When mobile equipment is used or operated by an employee in a workplace at night or atany time when the level of lighting within the workplace is less than 1 dalx, the mobileequipment must be

 

                (a)    fitted on the front and rear of it with warning lights that are visible from adistance of not less than 100 m; and

 

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

Control systems

222 All mobile equipment must be fitted with braking, steering and other control systems that

 

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

 

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

 

Transporting employees           

223 Any mobile equipment that is normally used for transporting employees from place toplace in a workplace must be equipped with a mechanical parking brake and a hydraulic orpneumatic braking system.

Warnings

224 Mobile equipment must be fitted with a horn or similar audible warning device having adistinctive sound that can be clearly heard above the noise of the equipment and anysurrounding noise.

Seat belts

225 If mobile equipment is used under conditions when a seat belt or shoulder-strap-typerestraining device is likely to contribute to the safety of the operator or passengers, themobile equipment must be fitted with such a belt or device.

Rear-view mirror

226 If mobile equipment cannot be operated safely in reverse unless it is equipped with arear-view mirror, the mobile equipment must be so equipped.

 

Electric materials handling equipment

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

 

Automatic materials handling equipment

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

 

Conveyors

229 The design, construction, installation, operation and maintenance of each conveyor,cableway or other similar materials handling equipment must meet ASME standardANSI/ASME B20.1-2009, Safety Standards for Conveyors and Related Equipment,published in 2009.

Division 2: Maintenance, Operation and Use

Inspection, testing and maintenance

230 (1)    Before materials handling equipment is operated for the first time in a workplace, theemployer must set out in writing instructions for the inspection, testing andmaintenance of that materials handling equipment.

 

       (2)    The instructions referred to in subsection (1) must, subject to Section 232, specifythe nature and frequency of inspections, tests and maintenance.

Inspection, testing and maintenance reports

231 (1)    Every inspection, test and maintenance of materials handling equipment must beperformed by a qualified person.

 

       (2)    The qualified person referred to in subsection (1) must

 

                (a)    comply with the instructions referred to in subsection 230(1); and

 

                (b)    make and sign a report of each inspection, test or maintenance work performedby the qualified person.

 

       (3)    The report referred to in clause (2)(b) must

 

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

 

                (b)    identify the materials handling equipment that was inspected, tested ormaintained; and

 

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

 

       (4)    The employer must keep at the workplace at which the materials handling equipmentis located a copy of

 

                (a)    the instructions referred to in subsection 230(1), for as long as the materialshandling equipment is in use; and

 

                (b)    the report referred to in clause (2)(b) for 1 year after the report is signed.

Standards

232 (1)    The operation, maintenance and inspection of all draw works and associatedequipment must meet the standards set out in the following:

 

                (a)    API standard API Spec 8A, Drilling and Production Hoisting Equipment,published in 2001;

 

                (b)    API standard API RP 8B, Inspections, Maintenance, Repair andRemanufacture of Hoisting Equipment, published in 2012; and

 

                (c)    API standard API Spec 8C, Specification for Drilling and Production HoistingEquipment (PSL 1 and PSL 2), Fifth Edition, published in 2012.

 

       (2)    The operation, maintenance and inspection of offshore cranes must meet APIstandard API RP 2D, API Recommended Practice for Operation and Maintenance ofOffshore Cranes, Sixth Edition, published in 2007.

Ropes, slings and chains

233 The employer must, with respect to the use and maintenance of any rope or sling or anyattachment or fitting on such a rope or sling used by an employee, adopt and implementthe recommendations set out in ASME standard ASME B30.9-2010 Slings, published in2010.

Code of practice

234 The employer must, with respect to the use and maintenance of any chain used by anemployee, adopt and implement the code of practice set out in ASME standardB30.26-2010, Rigging Hardware, published in 2010.

Training

235 (1)    Every operator must be instructed and trained by the employer in the procedures tobe followed for

 

                (a)    the inspection of the materials handling equipment;

 

                (b)    the fuelling of the materials handling equipment, where applicable; and

 

                (c)    the safe and proper use of the materials handling equipment.

 

       (2)    Every employer must keep a record of any instruction or training given to anoperator for as long as the operator remains in the employer’s employ.

Qualified person

236 An employer must not require an employee to operate materials handling equipment unlessthe employee is a qualified person.

Operation

237 (1)    A person must not operate materials handling equipment unless

 

                (a)    the person has a clear and unobstructed view of the area in which theequipment is being operated; or

 

                (b)    the person is directed by a signaller.

 

(2)   Materials handling equipment must not be used on a ramp with a slope greater than themaximum slope recommended by the manufacturer of the equipment.

 

(3)   A person must not leave mobile equipment unattended unless the equipment has beenproperly secured to prevent it from moving.

Signalling

238 (1)    Every employer must establish a code of signals for the purposes of clause 237(1)(b)and must

 

                (a)    instruct every signaller and operator in the employer’s employ in the use of thecode; and

 

                (b)    keep a copy of the code in a place where it is readily available for examinationby the signallers, operators and other employees.

 

       (2)    A signaller must not perform duties other than signalling while any materialshandling equipment under the signaller’s direction is in motion.

Alternative to visual signals

239 (1)    Subject to subsection (2), if it is not reasonably practicable for a signaller to usevisual signals, a telephone, radio or other signalling device must be provided by theemployer for the use of the signaller.

 

       (2)    Radio transmitting equipment must not be used in any workplace for thetransmission of signals when such use may activate electric blasting equipment inthat place.

Repairs

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

 

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

Transporting and positioning employees

241 Materials handling equipment must not be used for transporting an employee unless theequipment is equipped with a platform, bucket or basket designed for that purpose and isprovided with a fail-safe control system that will prevent a free fall of the load that iscarried.

Loading and unloading

242 Materials, goods or things must not be picked up from or placed on any mobile equipmentwhile the equipment is in motion unless the equipment is specifically designed for thatpurpose.

Getting on or off

243 Except in the case of an emergency, an employee must not get on or off any mobileequipment while it is in motion.

Maintenance or cleaning while being operated

244 (1)    Subject to subsection (2), repair, maintenance or cleaning work must not beperformed on any materials handling equipment while the materials handlingequipment is being operated.

 

       (2)    Fixed parts of materials handling equipment may be repaired, maintained or cleanedwhile the materials handling equipment is being operated if they are so isolated orprotected that the operation of the materials handling equipment does not affect thesafety of the employee performing the repair, maintenance or cleaning work.

Positioning load

245 If mobile equipment is travelling with a raised or suspended load, the operator must ensurethat the load is carried as close to the ground, floor or deck as the situation permits and inany case the load must not be carried at a point above the centre of gravity of the loadedmobile equipment.

Tools

246 If tools, tool boxes or spare parts are carried on materials handling equipment, they mustbe securely stored.

 

Housekeeping

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

 

Parking

248 Mobile equipment must not be parked in any place where it may interfere with the safemovement of persons, materials, goods or things.

Materials handling area

249 (1)    The main approaches to any materials handling area must be posted with warningsigns or must be under the control of a signaller while operations are in progress.

 

       (2)    A person must not enter a materials handling area while operations are in progressunless that person

 

                (a)    is a health and safety officer;
 
                (b)    is an employee whose presence in the materials handling area is essential to theconduct, supervision or safety of the operations; or
 
                (c)    is a person who has been instructed by the employer to be in the materialshandling area while operations are in progress.

 

       (3)    If any person other than a person referred to in subsection (2) enters a materialshandling area while operations are in progress, the employer must cause theoperations in that area to be immediately discontinued and not resumed until thatperson has left the area.

Dumping

250 If mobile equipment designed for dumping is used to discharge a load that may cause themobile equipment to tip, a bumping block must be used, or a signaller must give directionsto the operator to prevent the mobile equipment from tipping.

Enclosed workplace

251 Every enclosed workplace in which materials handling equipment powered by an internalcombustion engine is used must be ventilated in such a manner that the carbon monoxideconcentration in the atmosphere of the workplace does not exceed the value, level orpercentage prescribed in Section 136.

Fuelling

252 If materials handling equipment is fuelled in a workplace, the fuelling must be done inaccordance with the instructions given by the employer under Section 230 in a place wherethe vapours from the fuel are readily dissipated.

Must not operate crane in hazardous conditions

253 A person must not operate a crane under conditions that are likely to create a hazard to anyperson, ship, aircraft, vehicle, load or structure or to the stability of the crane.

Safety requirements for cranes

254 (1)    Every crane must

 

                (a)    have posted inside the crane control cab a load capacity chart that specifies theboom angle and safe working load for each block;

 

                (b)    be equipped with

 

                         (i)     boom and block travel limiting devices, and
 
                         (ii)    if the load rating of the crane is more than 5 t, a load measure device forthe main block.

 

       (2)    All crane hooks must be equipped with safety catches.

 

       (3)    A person must not move a crane in the vicinity of a helicopter deck when ahelicopter is landing or taking off.

Tag lines

255 (1)    Tag lines must be used to control any swinging of a load that is being lifted by acrane except when the use of the lines may be hazardous to the safety of any person.

 

       (2)    Loads must not be left hanging by a crane above the deck of a drilling unit orproduction facility unless the crane operator is at the controls of the crane.

Safe working loads

256 (1)    Materials handling equipment must not be used or operated with a load that is inexcess of its safe working load.

 

       (2)    The safe working load of materials handling equipment must be clearly marked onthe equipment or on a label securely attached to a permanent part of the equipment ina position where the mark or label can be easily read by the operator.

Aisles and corridors

257 At blind corners, mirrors must be installed that permit an operator to see a pedestrian,vehicle or mobile equipment approaching the blind corner.

Clearances

258 On any route that is frequently travelled by mobile equipment, the overhead and sideclearances must be adequate to permit the mobile equipment and its load to bemanoeuvred safely by an operator.

Operating near hazard

259 (1)    Subject to subsection (2), materials handling equipment must not be operated in anarea in which it may come into contact with an electrical cable, a pipeline, part of astructure or other hazard known to the employer, unless the operator and signaller, ifany, have been

 

                (a)    warned of the presence of the hazard;

 

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

 

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

 

       (2)    If an employer is unable to determine with reasonable certainty the location of thehazard or the safety clearance referred to in subsection (1), every electrical cablemust be de-energized and every pipeline containing a hazardous substance must beshut down and drained before any operation involving the use of materials handlingequipment commences within the area.

Division 3: Manual Handling of Materials

Restriction on handling

260 If, because of the weight, size, shape, toxicity or other characteristic of materials, goods orthings, the manual handling of the materials, goods or things may be hazardous to thehealth or safety of an employee, the employer must issue instructions that the materials,goods or things must, if reasonably practicable, not be handled manually.

Lifting heavy load

261 If an employee is required to lift or carry a load in excess of 10 kg manually, the employeemust be instructed and trained by the employer in a safe method of lifting and carrying thatload.

Division 4: Storing Materials

Storing materials

262 (1)    All materials, goods and things must be stored and placed in such a manner that themaximum safe load-carrying capacity of the floor or other supporting structures isnot exceeded.

 

       (2)    Materials, goods or things must not be stored or placed in a manner that may

 

                (a)    obstruct or encroach on passageways, traffic lanes or exits;

 

                (b)    impede the safe operation of materials handling equipment;

 

                (c)    obstruct the ready access to or the use and operation of firefighting equipment;

 

                (d)    interfere with the operation of fixed fire protection equipment; or

 

                (e)    be hazardous to the health or safety of any employee.

Part 15: Hazardous Occurrence Investigation, Recording and Reporting

Definitions for Part 15

263 The following definitions apply in this Part:

 

“disabling injury” means an employment injury or an occupational disease that

 

                         (i)     prevents an employee from reporting for work or from effectivelyperforming all the duties connected with the employee’s regular work onany day subsequent to the day on which the disabling injury occurred,whether or not that subsequent day is a working day for that employee,
 
                         (ii)    results in the loss by an employee of a body member or a part of a bodymember or in the complete loss of the usefulness of a body member orpart of a body member; or
 
                         (iii)   results in the permanent impairment of a body function of an employee;

 

“minor injury” means an employment injury or an occupational disease for whichmedical treatment is provided and excludes a disabling injury.

Report by employee

264 If an employee becomes aware of an accident or other occurrence arising in the course ofor in connection with the employee’s work that has caused injury to the employee or to anyother person, the employee must without delay report the accident or other occurrence tothe employer, orally or in writing.

Investigation

265 (1)    If an employer is aware of an accident, occupational disease or other hazardousoccurrence affecting any of the employer’s employees in the course of employment,the employer must, 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 hazardousoccurrence; and

 

                (c)    notify the committee or the coordinator of the hazardous occurrence and of thename of the person appointed to investigate it.

 

       (2)    In addition to the investigation referred to in clause (1)(b), if the hazardousoccurrence referred to in subsection (1) is an accident involving a ship or aircraft, theemployer must investigate the accident by obtaining from the appropriate police orother investigating authority a copy of the report made by that authority in respect ofthe accident.

 

       (3)    As soon as reasonably practicable after receipt of the report referred to in subsection(2), the employer must provide a copy of it to the committee or the coordinator.

Hazardous occurrence report

266 (1)    The employer must report, by the most rapid means of communication available tothe employer, the date, time, location and nature of any accident, occupationaldisease or other hazardous occurrence referred to in Section 265 to a health andsafety officer and to the committee or the coordinator as soon as reasonablypracticable but not later than 24 hours after becoming aware of the occurrence, whenthe occurrence resulted in 1 of the following circumstances:

 

                (a)    the death of an employee;

 

                (b)    a missing person;

 

                (c)    a disabling injury to an employee;

 

                (d)    the implementation of emergency rescue, revival or evacuation procedures;

 

                (e)    a fire or explosion that threatened the health and safety of an employee;

 

                (f)    the free fall of an elevating device that rendered the elevating device unsafe foruse by an employee;

 

                (g)    an accidental accumulation, spill or leak of a hazardous substance; or

 

                (h)    the loss of or damage to support craft.

 

       (2)    A written report of the accident, occupational disease or other hazardous occurrencereferred to in subsection (1) must be submitted by the employer within 14 days afterthe occurrence to the health and safety officer and to the committee or thecoordinator.

 

       (3)    The report referred to in subsection (2) must be in the form set out in Schedule 4 andcontain the information required by the form.

Submitting report of accident involving ship or aircraft

267 If an investigation referred to in subsection 265(2) discloses that the accident resulted in acircumstance referred to in subsection 266(1), the employer must, within 14 days after thereceipt of the report of the accident made by the police or other investigating authority,submit a copy of the report to the health and safety officer.

Minor injury record

268 (1)    Every employer must keep a record of each minor injury of which the employer isaware that affected any of the employees in the course of employment.

 

       (2)    The record must contain

 

                (a)    the date, time and location of the occurrence that resulted in the minor injury;

 

                (b)    the name of the injured or ill employee;

 

                (c)    a brief description of the minor injury; and

 

                (d)    the causes of the minor injury.

Retention of reports and records

269 (1)    Subject to subsection (2), every employer must keep a copy of each report and recordreferred to in this Part for 1 year after its submission to the health and safety officer,to the committee or the coordinator.

 

       (2)    Every record with respect to a circumstance referred to in clause 266(1)(f) must bekept by the employer for a period of 5 years after the hazardous occurrence.

Part 16: First Aid

Definitions for Part 16

270 The following definitions apply in this Part:

 

“first aid station” means a place, other than a first aid room or medical clinic, inwhich first aid supplies or equipment are stored;

 

“isolated workplace” means a workplace that is more than 2 hours’ travel time froma hospital or a medical clinic under normal travel conditions using the fastestavailable means of transportation;

 

“medical clinic” means a medical consultation and treatment facility that is in thecharge of a medic or a physician.

First aid instructions

271 (1)    Every employer must establish written instructions that provide for the promptrendering of first aid to an employee for an injury, an occupational disease or anillness.

 

       (2)    A copy of the instructions must be kept by the employer readily available forexamination by employees.

       

       (3)    Every employee, on sustaining an injury or becoming aware that the employee hascontracted an occupational disease or an illness must, if reasonably practicable,report immediately for treatment to a first aid attendant.

Physician readily available

272 A physician who has specialized knowledge in the treatment of the health and safetyproblems that may be encountered in the oil and gas industry must be readily available atall times for medical consultation.

First aid attendant required

273 (1)    If there are not more than 5 employees normally working in a workplace, other thanan isolated workplace, a first aid attendant must be readily available at all times.

 

       (2)    At an isolated workplace in which not more than 5 employees are normally working,1 of those employees must be a first aid attendant who holds at least a standard firstaid certificate.

Determining number of attendants

274 (1)    At a workplace offshore in which the number of employees set out in Column 1 ofan item of Schedule 5 is normally working, that number must include the number offirst aid attendants set out in Columns 2, 3 and 4 of that item.

 

       (2)    If a physician is available in a workplace, the requirements of subsection (1) and (2)respecting the presence of a medic do not apply. [sic]

Medic at isolated workplace

275 (1)    In addition to the requirements of Section 274, if there are more than 30 employeesand fewer than 61 employees normally working at an isolated workplace,

 

                (a)    a medic, who may be one of the employees, must, if reasonably practicable, bereadily available in the workplace; or

 

                (b)    if it is not reasonably practicable for a medic to be readily available in theworkplace, the employer must make arrangements to have a medic available atall times for consultation and to be transported to the workplace.

 

       (2)    If a physician is available in an isolated workplace, the requirements of subsection(1) do not apply.

CPR course required

276 In addition to the requirements of Sections 273 to 275, at a workplace in which anyemployee is working on live high-voltage electrical equipment, one of the employees mustbe a first aid attendant who has successfully completed a CPR course in the last 12months.

Attendant to be available

277 A first aid attendant referred to in subsection 273(2), Section 274 or clause 276(a) must notbe assigned duties that will interfere with the prompt and adequate rendering of first aidand must

 

                (a)    be assigned to a first aid station or first aid room;

 

                (b)    be readily available to employees in the workplace; and

 

                (c)    render first aid to employees that are injured or ill at the workplace.

First aid stations

278 (1)    At least 1 first aid station must be provided for every workplace and must

 

                (a)    be readily available to all employees;

 

                (b)    be clearly identified by a conspicuous sign;

 

                (c)    contain only supplies and equipment that are required for rendering first aid;and

 

                (d)    be inspected regularly and its contents maintained in a clean, dry andserviceable condition.

 

       (2)    Subsection (1) does not apply if a first aid room or a medical clinic that meets therequirements of clauses (1)(a) and (b) is provided by the employer.

Posting of information

279 (1)    Subject to subsection (2), an employer must post and keep posted in a conspicuousplace accessible to every employee in each workplace

 

                (a)    information regarding first aid to be rendered for any injury, occupationaldisease or illness likely to be sustained or contracted in the workplace;

 

                (b)    information regarding the location of first aid attendants, first aid stations andfirst aid rooms; and

 

                (c)    at every telephone, an up-to-date list of telephone numbers for use inemergencies.

 

       (2)    At an isolated workplace or in a motor vehicle, the information referred to insubsection (1) must be provided and kept with the first aid kit.

First aid supplies and equipment

280 (1)    For each workplace at which the number of employees working at any time is thenumber set out in Column 1 of an item of Schedule 6, a first aid kit that is of the typeset out in Column 2 of that item must be provided.

 

       (2)    For the purposes of subsection (1), a first aid kit of a type set out at the head ofColumn 2, 3, 4, 5 or 6 of Schedule 7 must contain the first aid supplies andequipment set out in Column 1 of an item of that Schedule in the applicable numberset out opposite those supplies and equipment in Column 2, 3, 4, 5 or 6 of that item.

Shower facilities

281 (1)    Subject to subsection (2), if a hazard of skin or eye injury from a hazardoussubstance exists in the workplace, shower facilities to wash the skin and eye washfacilities to irrigate the eyes must be provided for immediate use by employees.

 

       (2)    If it is not reasonably practicable to comply with subsection (1), portable equipmentthat may be used in place of the facilities referred to in subsection (1) must beprovided.

When first aid room required

282 (1)    A first aid room must be provided

 

                (a)    if 60 or more employees are working at any time in a workplace other than anisolated workplace; or

 

                (b)    if 30 or more employees are working at any time in an isolated workplace.

 

       (2)    Clause (1)(a) does not apply if a medical clinic or hospital at which medicaltreatment is provided without charge to employees is readily accessible.

First aid room requirements

283 Every first aid room provided in accordance with Section 282 must be

 

                (a)    under the supervision of

 

                         (i)     in the case where a physician is available in the workplace, the physician,

 

                         (ii)    in the case where there is a medic and no physician available in theworkplace, the medic, or
 
                         (iii)   in any other case, the first aid attendant available in the workplace who isthe holder of the highest level of first aid certificate;

 

                (b)    located as close as reasonably practicable to the workplace and within easyaccess to a toilet room, a telephone, and a list of telephone numbers for use inemergencies;

 

                (c)    constructed to allow for optimum ease of access to persons carrying a patienton a stretcher;

 

                (d)    maintained in an orderly and sanitary condition;

 

                (e)    clearly identified by a conspicuous sign;

 

                (f)    equipped with

 

                         (i)     a lockable storage cupboard and a counter,
 
                         (ii)    the first aid supplies and equipment set out in Column 1 of an item ofSchedule 8 in the applicable quantities set out in Column 2 of that itemof that Schedule,
 
                         (iii)   a copy of the emergency procedures referred to in Section 294, and

 

                         (iv)   information regarding hazardous substances in the workplace and thefirst aid required to treat exposure to the hazardous substances; and

 

                (g)    maintained, if reasonably practicable, at a temperature of not less than 18 °Cand not more than 24 °C, measured 1 m above the floor.

Transportation

284 Before assigning employees to a workplace, the employer must provide for that workplace

 

                (a)    an ambulance service or other suitable means of transporting an injured or illemployee

 

                         (i)     if reasonably practicable, to a hospital at which a physician referred to inSection 272 practises, or
 
                         (ii)    if it is not reasonably practicable to comply with subclause (i), to amedical clinic in the charge of a medic who is in contact with a physicianreferred to in Section 272;

 

                (b)    a first aid attendant to accompany an injured or ill employee and to render firstaid in transit, if required; and

 

                (c)    a means of quickly summoning the ambulance service or other means oftransportation.

Records

285 (1)    If an injured or ill employee reports for treatment to a first aid attendant inaccordance with subsection 271(3) or if a first aid attendant renders first aid to anemployee, the first aid attendant must

 

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

 

                         (i)     the date and time of the reporting of the injury, occupational disease orillness,
 
                         (ii)    the full name of the injured or ill employee,
 
                         (iii)   the date, time and location of the occurrence of the injury, occupationaldisease or illness,
 
                         (iv)   a brief description of the injury, occupational disease or illness,
 
                         (v)    a brief description of the first aid rendered, if any, and
 
                         (vi)   a brief description of the arrangements made for the treatment ortransportation of the injured or ill employee, if any; and

                 

                (b)    sign the first aid record adjacent to the information entered in accordance withclause (a).

 

       (2)    The employer must keep a first aid record containing information entered inaccordance with subsection (1) for 1 year after the date of that entry.

Part 17: Safe Occupancy of the Workplace

Definition for Part 17

286 In this Part, “emergency evacuation plan” means a written plan for use in an emergency,prepared in accordance with Section 297.

Fire protection

287 Every workplace must be so designed, constructed and arranged as to minimize, to theextent that is reasonably practicable, the risk of fire.

Fire exits

288 (1)    Fire escapes, exits, stairways and any other means of evacuation at a workplace mustbe in serviceable condition and ready for use at all times.

 

       (2)    Exits to the exterior must be clearly identified by signs.

Fire hazard areas

289 (1)    A person must not, in a fire hazard area,

 

                (a)    subject to subsection (2), perform any hot work;

 

                (b)    smoke; or

 

                (c)    use an open flame or other source of ignition.

 

       (2)    When it is not reasonably practicable to avoid performing hot work in a fire hazardarea, the employer must

 

                (a)    issue written instructions with respect to the procedures to be followed that willprovide for the safe performance of that work;

 

                (b)    show and explain the instructions referred to in clause (a) to any employee whois required to work in the fire hazard area; and

 

                (c)    keep a copy of the instructions referred to in clause (a) readily available forexamination by employees.

Signs for fire hazard area

290 Signs must be posted in conspicuous places at all entrances to a fire hazard area

 

                (a)    identifying the area as a fire hazard area; and

                

                (b)    prohibiting the use of an open flame or other source of ignition in the firehazard area.

Alarm systems

291 Every workplace must be equipped with an alarm system that warns all employees when

 

                (a)    the safety of the workplace is threatened;

 

                (b)    employees are to be evacuated from the workplace;

 

                (c)    a fire is likely to threaten the health or safety of employees at the workplace;and

 

                (d)    there is a malfunction of a mechanical ventilation system provided for an areawhere concentrations of toxic or combustible gases may accumulate.

Emergency electrical power

292 Every drilling rig, drilling unit and production facility must be equipped with anemergency electrical power supply sufficient to operate, for at least 18 consecutive hours,

 

                (a)    the alarm system and warning devices;

 

                (b)    the emergency lighting system referred to in Section 57;

 

                (c)    internal and external communications systems; and

 

                (d)    light and sound signals marking the location of the workplace.

Emergency switchboard

293 If an emergency switchboard is provided, it must be independent of the main electricalpower supply and must be located as near as reasonably practicable to the emergencyelectrical power supply.

Emergency procedures

294 (1)    Every employer must prepare emergency procedures to be implemented

 

                (a)    if any person commits or threatens to commit an act that is likely to behazardous to the health or safety of the employer or any employee;

 

                (b)    if a hazardous occurrence referred to in subsection 266(1) occurs;

 

                (c)    if evacuation is not an appropriate means of ensuring the health or safety ofemployees; and

 

                (d)    if there is a failure of the lighting system.

 

       (2)    If 2 or more employers are engaged in work at the same workplace, those employersmust prepare common emergency procedures.

 

       (3)    A copy of the emergency procedures referred to in subsection (1) or (2) must be keptup to date and readily accessible to all employees at the workplace.

Procedures in writing

295 The emergency procedures referred to in Section 294 must contain a full writtendescription of the procedures to be followed by the employees, including

 

                (a)    the duties of the employees during the execution of the procedures;

 

                (b)    the name, position, usual location and telephone number of each personresponsible for the execution of the procedures;

 

                (c)    a list of agencies, companies or organizations that could render assistance inthe event of an emergency and their telephone numbers; and

 

                (d)    a list of the emergency and protection equipment required to carry out theprocedures.

Emergency evacuation plan

296 If the emergency procedures referred to in Section 294 provide for the evacuation ofemployees from a workplace, an emergency evacuation plan must be prepared by theemployer or employers.

Plan details

297 The emergency evacuation plan must include

 

                (a)    a general layout plan and elevation drawing of the buildings or structures at aworkplace, including the date and scale of the drawing and the name of theperson who verified the drawing;

 

                (b)    the name, address and telephone number of the owner or owners of thebuildings or structures where the workplace is located and a list of the tenants,if any;

 

                (c)    the relative location of other buildings, structures or streets within 30 m of theboundaries of the workplace;

 

                (d)    a statement of the maximum number of people who can safely occupy theworkplace under normal conditions;

 

                (e)    a drawing illustrating the arrangement of each level of the buildings orstructures at the workplace that will clearly show

 

                         (i)     the location of all exits, stairways, elevators, corridors, fire escapes andany other routes of exit,
 
                         (ii)    the location, quantity and type of emergency and protection equipment,
 
                         (iii)   the location of the main emergency shut-down switches for the lighting,heating, ventilation, air conditioning and elevator systems and otherelectrical equipment,

 

                         (iv)   the location, quantity and type of all communications equipment,

 

 

                         (v)    the location, number, type, size and capacity of any support craft or othermeans of transport to be used to evacuate the workplace, and
 
                         (vi)   the location of first aid areas and casualty clearing areas; and

 

                (f)    the estimated amount of time required to complete the execution of the planunder normal conditions.

Instructions and training

298 (1)    Every employee must be instructed and trained in

 

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

 

                (b)    the location, use and operation of emergency and fire protection equipment.

 

       (2)    A record of all training provided to an employee in accordance with subsection (1)must be kept by the employer for as long as the employee remains in the employer’semploy.

Emergency drills

299 (1)    A fire drill must be conducted at least once

 

                (a)    every 2 weeks at each drilling rig, drilling unit and production facility; and

 

                (b)    every 12 months at every workplace other than a workplace referred to inclause (a).

 

       (2)    An evacuation drill must be conducted at least once

 

                (a)    every week at a drilling unit and an offshore production facility; and
 
                (b)    every 12 months at a workplace other than a workplace referred to in clause(a).

 

       (3)    In addition to the drills referred to in subsections (1) and (2), a fire drill and anevacuation drill must be conducted

 

                (a)    before workover, completion, recompletion or stimulation of a well; and
 
                (b)    after any significant change is made in the emergency procedures or emergencyevacuation plan.

 

       (4)    A blowout prevention drill must be conducted at least once each week that theblowout preventer is in use.

Standby craft

300 For every drilling operation and production operation, the employer must provide astandby craft capable of safely evacuating all employees from the workplace.

Condition of employees

301 An employee must not work when that employee’s ability to function is impaired as aresult of fatigue, illness, alcohol, drugs or any other condition that may be hazardous to thehealth or safety of any employee at the workplace.

Exception during emergency

302 Section 301 does not apply in the event of an emergency at the workplace that may behazardous to the health or safety of employees.

Notices and records

303 (1)    Notices must be posted at appropriate locations at a workplace setting out theemergency procedures to be followed and the escape routes to be used in the event ofan emergency.

 

       (2)    Every employer must keep a record of all emergency drills and evacuation drillscarried out by the employer’s employees for 1 year after the drill.

 

       (3)    The record referred to in subsection (2) must contain

 

                (a)    the date and time at which the drill was conducted; and
 
                (b)    the length of time taken by the employees to complete the drill.

 

       (4)    A copy of the emergency procedures and emergency evacuation plan prepared forthe workplace must be kept readily available for examination by employees.

 

       (5)    The employer must keep a daily record of each employee present at the workplaceand of each person granted access to the workplace.

 

       (6)    The record referred to in subsection (5) must contain

 

                (a)    the date;
 
                (b)    the name of the employee present at the workplace or the person grantedaccess to the workplace; and
 
                (c)    the name of the employer.

 

       (7)    The record referred to in subsection (5) must be kept by the employer for 2 monthsafter the date of the last daily entry made in it.

Schedule 1: Average Levels of Lighting

(Section 56)

Item

Column 1

Work Position or Area

Column 2

Average Level in Dalx

1

Office work:

 

 

(a)  Work positions at which cartography, drafting, plan reading orother tasks requiring high visual precision are performed

80

 

(b)  Work positions at which business machines are operated orcontinuous reading or writing visual tasks are performed

50

 

(c)  Other areas

5

2

Laboratories:

 

 

(a)  Work positions at which instruments are read or hazardoussubstances are handled and when errors in such reading orhandling may be hazardous to the health or safety of anemployee

80

 

(b)  Work positions at which close or prolonged attention is givento laboratory work

50

 

(c)  Other areas

5

3

Workshops and garages:

 

 

(a)  Work positions at which fine or medium bench, machine orrepair work is performed

50

 

(b)  Work positions at which rough bench, machine or repair workis performed

30

 

(c)  Other areas

5

4

Process areas:

 

 

(a)  Work positions in major control rooms or rooms with dialdisplays at which tasks essential to the control of equipment ormachinery hazardous to the safety of employees are performed

80

 

(b)  Work positions at which a hazardous substance is used, storedor handled

50

 

(c)  Work positions at which gauges and meters that are notself-illuminating are located

5

 

(d)  Other areas

2

5

Loading platforms and warehouses:

 

 

(a)  Work positions at which packages or goods are checked orsorted

15

 

(b)  Work positions at which loading or unloading work isfrequently performed

10

6

Storage areas:

 

 

(a)  Areas in which there is a high level of activity

5

 

(b)  Other areas

2

7

Derricks, drill floors and moon pools:

 

 

(a)  Work positions at which there is a high level of activity

5

 

(b)  Other areas

2

8

Entrances, exits, elevators, corridors, aisles and stairways:

 

 

(a)  Areas in which there is a high level of activity or where thereis a high frequency of traffic

10

 

(b)  Areas in which there is a moderate level of activity or wherethere is a moderate frequency of traffic

5

9

First aid room:

 

 

(a)  Work positions at which first aid is rendered or examinationsare conducted or at which tasks essential to the health or safetyof an employee are performed

80

 

(b)  Other areas

20

10

Food preparation areas:

 

 

(a)  Work positions at which prolonged cutting or preparation tasksare performed

80

 

(b)  Other areas

20

11

Dining areas and recreation spaces:

 

 

(a)  Areas used for serving food, for eating or for recreationalactivities

20

 

(b)  Other areas

10

12

Personal service rooms

20

13

Boiler, engine, ballast control and generator rooms

20

14

Rooms in which principal heating, ventilation or air conditioningequipment is installed

7

15

Emergency shower facilities, emergency equipment locations andemergency evacuation areas

5

Schedule 2: Maximum Exposure to Levels of Sound at Workplace

(subsection 60(2))

Item

Column 1

Levels of Sound in dB

Column 2

Maximum Number of Hours ofExposure per Employee per 24-Hour Period

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

85 or more but not more than 90

more than 90 but not more than 92

more than 92 but not more than 95

more than 95 but not more than 97

more than 97 but not more than 100

more than 100 but not more than 102

more than 102 but not more than 105

more than 105 but not more than 110

more than 110 but not more than 115

more than 115

8

6

4

3

2

1.5

1

0.5

0.25

0

Schedule 3: Distances from Live Electrical Parts

(subsection 68(4))

Item

Column 1

Voltage Range of Part:

 Part to Ground (V)

Column 2

Distance in Metres

(employee who isnot qualified person)

Column 3

Distance in Metres

(employee who isqualified person)

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Over 425 to 12 000

Over 12 000 to 22 000

Over 22 000 to 50 000

Over 50 000 to 90 000

Over 90 000 to 120 000

Over 120 000 to 150 000

Over 150 000 to 250 000

Over 250 000 to 300 000

Over 300 000 to 350 000

Over 350 000 to 400 000

            3

            3

            3

            4.5

            4.5

            6

            6

            7.5

            7.5

            9

            0.9

            1.2

            1.5

            1.8

            2.1

            2.7

            3.3 

            3.9

            4.5

            5.4

Schedule 4: Hazardous Occurrence Investigation Report

(subsection 266(3))

GRAPHIC IS NOT DISPLAYED. [sic]

Schedule 5: First Aid Attendants for Offshore Workplace

(subsection 274(1))

Item

Column 1

TotalNumber

of Employees

Column 2

Number of First Aid

Attendants Required

Column 3

Number Required of

Holders of Mariners’ FirstAid Certificates Who HaveSuccessfully Completed

CPR Course

Column 4

Number ofMedicsRequired

1

6 to 10

1 plus 1 for every 2employees in excess of 6





2

11 to 30

3 plus 1 for every 2employees in excess of 10

1



3

31 to 40

13 plus 1 for every 2employees in excess of 30

1



4

41 to 60

17 plus 1 for every 2employees in excess of 40

2 plus 1 for every 10employees in excess of 40



5

more than 60

27 plus 1 for every 2employees in excess of 60

4 plus 1 for every 10employees in excess of 60

1

Schedule 6: First Aid Kits

(subsection 280(1))

Item

Column 1

Number of Employees

Column 2

Type of First Aid Kit Required

1.

2.

3.

4.

5.

1 detached from the main party

2 to 5

6 to 15

16 to 60

more than 60

A

B

C

D

E

Schedule 7: Contents of First Aid Kits

(subsection 280(2))

Item

Column 1

Supplies and Equipment

Columns 2 to 6

Quantities per Type of First Aid Kit

2

Type A

3

Type B

4

Type C

5

Type D

6

Type E

1

Antiseptic–wound solution, 60 mLor antiseptic swabs (10-pack)

1

1

2

3

6

2

Applicator–disposable (10-pack) (notneeded if antiseptic swabs used)



1

2

4

8

3

Bag–disposable, waterproof, emesis



1

2

2

4

4

Bandage–adhesive strips

6

12

100

200

400

5

Bandage–gauze, 2.5 cm × 4.5 m (notneeded if ties attached to dressings)



2

6

8

12

6

Bandage–triangular, 100 cm foldedand 2 pins

1

2

4

6

8

7

Container–first aid kit

1

1

1

1

1

8

Dressing–compress, sterile, 7.5 cm ×12 cm approx.



2

4

8

12

9

Dressing–gauze, sterile, 7.5 cm ×7.5 cm approx.

2

4

8

12

18

10

Forceps–splinter



1

1

1

1

11

Manual–First Aid, English–currentedition



1

1

1

1

12

Manual–First Aid, French–currentedition



1

1

1

1

13

Pad with shield or tape for eye

1

1

1

2

4

14

Record–first aid (Section 285)

1

1

1

1

1

15

Scissors–10 cm





1

1

1

16

Tape–adhesive, surgical 1.2 cm ×4.6 m (not needed if ties attached todressings)



1

1

2

3

17

Antipruritic lotion, 30 mL or swabs(10 packs)



1

1

1

2

18

Bandage–elastic, 7.5 cm × 5 m







1

2

19

Blanket–emergency, pocket size

1









20

Dressing–burn, sterile, 10 cm ×10 cm



1

1

1

2

21

Hand cleanser or cleansingtowelettes, 1 pk.



1

1

1

1

22

Splint set with padding–assortedsizes





1

1

1

Schedule 8: First Aid Room Supplies and Equipment

(subclause 282(3)(f)(ii))