Vol. 148, No. 15 — April 12, 2014

Regulations Amending the On Board Trains Occupational Safety and Health Regulations

Statutory authority

Canada Labour Code

Sponsoring departments

Department of Human Resources and Skills Development and Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issues: Employees protected by the On Board Trains Occupational Safety and Health Regulations (Regulations) have been exposed to excessive sound levels and have suffered from injury rates that are higher than the federal jurisdiction average for the years 2001–2011. Since the Regulations came into force in 1987, there have not been any substantial amendments to modernize their occupational health and safety requirements, procedures and standards. Also, amendments have not occurred to address inquiries from the Standing Joint Committee for the Scrutiny of Regulations (SJCSR).

Description: The proposed amendments would aim to address the aforementioned issues. The substantial amendments to the Regulations include

  • amending sound levels to which employees may be exposed;
  • adding a new requirement that the employer is expected to introduce engineering controls to reduce employee exposure to noise;
  • requiring that all employees be trained in basic first aid;
  • requiring the employer to develop and implement a hazard prevention program and implement controls that prevent workplace violence, ergonomics-related hazards, and other unsafe or harmful working conditions;
  • updating health and safety standards such as those related to hazardous substances and personal protection equipment; and
  • changing how standards are to be referenced in the Regulations.

Amendments would also resolve outstanding SJCSR inquiries, including clarifying certain definitions and addressing discrepancies between the English and French versions of the Regulations.

Cost-benefit statement: The implementation of the proposed Regulations is expected to result in net savings to the Canadian economy of approximately $130M over the 20-year cost-benefit analysis (in constant 2009 dollars). The net present benefits are estimated at $62.5M and the net present costs at $21M, resulting in a positive net present value of about $41.5M and a cost-benefit ratio of 2.98:1. The bulk of the savings (approximately $114M) would stem from the new requirements for sound levels on trains resulting in about 500 fewer permanent noise-induced hearing loss injuries.

Costs to rail industry employers are expected to be approximately $18M in the first year after implementation, due primarily to requirements mandating the introduction of engineering controls to reduce locomotive sound levels. Recurring costs would be about $500K per year and would include other requirements such as hazard investigation of sound levels by the employer, the purchase of hearing protection equipment, and hazard and violence prevention.

“One-for-One” Rule and small business lens: The “One-for-One” Rule applies to the proposed Regulations, and the proposal is considered an “IN” under the Rule as it would increase the administrative burden on business. The total annualized administrative cost increase for the 26 federally regulated rail sector businesses is estimated at $72,304, or $2,781 per business. These costs would result primarily from requirements to retain various records.

The small business lens also applies as the proposed Regulations would also increase costs to the 21 small businesses in the rail sector. Preliminary cost estimates indicate that the proposed Regulations would cost approximately $38,000 per small business in the first year of implementation. The average annualized costs for the following 19 years are estimated at approximately $1,000 per small business. In order to mitigate the impact on small businesses, and to align the coming-into-force date with Transport Canada’s regulatory enforcement approach, which uses 90 days, a flexible option in which implementation of the amendments would be delayed by 90 days has been proposed. This would allow on-board rail companies, including small businesses, additional time to comply with the new requirements.

Domestic and international coordination and cooperation: The proposed Regulations are not expected to have any impact on domestic or international coordination and cooperation. American rail companies operating in Canada, such as Amtrak, are not subject to the Regulations.

Background

There are approximately 36 000 workers in the rail industry who are protected by the Canada Labour Code (Code). Of that number, about 24 000 are protected by the Canada Occupational Health and Safety Regulations (COHSR), and 12 000 are protected by the Regulations. The COHSR apply to off-board train employees such as those who work in the train yards, stations and offices. The Regulations, on the other hand, specifically apply to employees on board trains while the train is in operation, and address hazards that are unique to the working environment on board a train in addition to general occupational health and safety hazards. The Regulations protect employees such as railway engineers, railway conductors, brakemen, and passenger train customer service personnel. Federally regulated rail companies are obligated to comply with the Regulations and the COHSR if they have employees working on board and off board trains. Employers of the rail industry include the Canadian National Railway Company, Canadian Pacific, VIA Rail Canada Inc., the Quebec North Shore and Labrador Railway and the Great Canadian Railtour Company Limited.

Issues

In 1999–2000, Human Resources Development Canada (now Employment and Social Development Canada) — Labour Program carried out a comprehensive study that revealed that rail personnel present on board locomotives were exposed to excessive sound levels. Similarly, the injury rates of on-board train employees are higher than the federal jurisdiction average. Data for the on-board rail industry show an average disabling injury rate of 3.38 per 100 workers (full-time equivalent) for the years 2001–2011 compared to 2.08 per 100 workers for the federal jurisdiction as a whole. In addition, while amendments have been made to the COHSR over the last 20 years to reflect more modern occupational health and safety requirements, procedures and standards, the Regulations have not been amended. Also, amendments have not occurred to address the SJCSR concerns that have been outstanding since 1995.

Objectives

The objectives of the proposed Regulations are to

  • reduce the injury rates of on-board train employees. It is estimated that the proposed Regulations would lead to a significant reduction in injuries related to hearing loss (averaging 25 fewer hearing loss cases per year over the next 20 years).
  • harmonize the Regulations with the COHSR by updating occupational health and safety requirements, procedures and standards.
  • address SJCSR concerns by further clarifying the intent of the Regulations and correcting administrative and grammatical errors.

Description

The proposed Regulations would update requirements, procedures and standards. Descriptions of the proposed amendments to the Regulations are as follows:

Levels of Sound

Part ⅠV (Levels of Sound) of the Regulations would be revised to lower the maximum permissible level of sound to 87 A-weighted decibels (dBA) for an eight-hour period and amend the exchange rate from 5 decibels (dB) to 3 dB. The Occupational Safety and Health Administration of the United States describes the exchange rate as an increase, or decrease, in dB of twice, or half, the noise dose. For example, assuming the duration of exposure is the same, when using a 3 dB exchange rate, a dose of 90 dB is twice the dose of 87 dB. As currently written, the Regulations permit an exposure duration of eight hours to a sound level of 87 dBA or more, but less than 90 dBA. Also, the exposure duration is cut in half only when there is an exchange rate of 5 dB. In other words, an on-board train employee could be exposed to 95 dBA for up to four hours, to 100 dBA for two hours, and so on. Harmonizing the Regulations with Part VII of the COHSR means that the employees could not be exposed to a sound level of 87 dBA for a period in excess of eight hours. It would also set an exchange rate of 3 dB, which means that if the sound level increases by 3 dB, the exposure duration is cut in half. That is, the exposure duration for 90 dBA is four hours, for 93 dBA is two hours, and so on.

In order to align the Regulations with the COHSR and modernize it requirements and procedures, additional proposed amendments to Part ⅠV include

(1) requiring that the employer carry out a hazard investigation when an employee may be exposed to a sound level of 84 dBA or more. The employer would be required to appoint a qualified person to conduct the hazard investigation. The qualified person would be required to develop a report that includes observations and recommendations. Furthermore, the employer would have to immediately provide affected employees with written information describing the hazards and post the report in the workplace.

(2) adding a requirement that if an employee is exposed to a sound level that exceeds the prescribed levels, the employer, when it is technically and economically possible, would be expected to introduce engineering controls, such as installing an air conditioning unit, to reduce the exposure.

Hazard prevention program

It is proposed that the requirements for a hazard prevention program be incorporated in the Regulations. This type of program was adopted in the COHSR in 2005 and exists in many other federally regulated industries such as trucking, telecommunications, banking, and longshoring and the marine sector. An employer would be required to develop, implement, and monitor a program for the prevention of hazards (including ergonomics-related hazards) in the workplace that is appropriate to the size of the workplace and the nature of the hazards. A hazard prevention program would include the following six components: (a) an implementation plan, (b) a hazard identification and assessment methodology, (c) hazard identification and assessment, (d) preventive measures, (e) employee education, and (f) program evaluation.

Violence prevention in the workplace

Other requirements that are absent from the Regulations and are being applied in federally regulated industries are those related to violence prevention in the workplace. The proposed Regulations would incorporate new requirements prescribing an employer to

  • develop a violence prevention policy;
  • identify factors that contribute to workplace violence;
  • assess the potential for workplace violence;
  • develop and implement systematic controls to eliminate or minimize workplace violence;
  • evaluate the prevention measures at least every three years;
  • develop emergency procedures; and
  • provide employees with information and training on the factors that contribute to workplace violence.

The purpose of incorporating violence prevention provisions is to ensure that employers take measures to prevent or minimize the occurrence of violence in the workplace, to protect employees, and to provide employees subject to violence in the workplace with access to assistance and recourse.

First aid

Part XII (First Aid) of the Regulations would be amended to state that the employer would be responsible for providing basic first aid training to all on-board train employees. Presently, the Regulations require that for every workplace at which two or more employees are working, at least one of the employees shall be trained in standard first aid. This is problematic as it places employees at risk of not receiving adequate first aid attention in all circumstances. In addition, as the majority of the injuries occurring on board trains requiring first aid attention include sprains, strains, and bruises, basic first aid (one-day course) would be more appropriate to protect the health and safety of employees. Standard first aid (two-day course), that is currently prescribed, is needed when more severe injuries occur at the workplace such as fractures, chest injuries, burns and eye injuries.

Incorporation by reference

The proposed Regulations would remove 4 standards that are referenced as they are no longer applicable (e.g. Air Conditioning and Refrigeration Institute Standard 1010-82 for drinking fountains and water coolers), add a new standard concerning foot protection and update 15 standards (e.g. Canadian Standards Association Z180.1 Standard for compressed breathing air and systems). While standards are modified on a regular basis to adapt requirements to technological advances, modern practices and procedures, 15 standards incorporated in the Regulations do not reflect the most recent versions, and thus have to be updated.

In addition to the 15 standards to be updated, the proposed Regulations would change how 10 of these standards are referenced. Currently, almost all standards incorporated are static references. Static references cite a specific publication of a standard, but do not include future amendments to that publication. For example, while there is a more recent version of the standard for hearing protection, dated 2002, the Regulations state that the employer has to comply with the 1984 version. The proposed Regulations would use the ambulatory reference “as amended from time to time” for 10 Canadian standards and guidelines. Using the language “as amended from time to time” would incorporate the specific publication noted in the Regulations as well as subsequent amendments to the standard. This would ensure that the standards remain up-to-date without requiring regulatory amendment.

Standing Joint Committee for the Scrutiny of Regulations

Amendments to the Regulations would address a SJCSR review. In 1995, the SJCSR expressed the following concerns regarding various definitions and provisions in the Regulations:

Regional safety officer

The SJCSR stated that the definition of “regional safety officer” detracts from the authority conferred on the Minister by the Code to appoint anyone as a regional safety officer.

The proposed Regulations would remove the definition of “regional safety officer,” and clearly indicate to employers that the reports concerning hearing protection, emergencies and hazardous occurrence investigation are to be sent to health and safety officers at Transport Canada. The intention of the definition was to inform employers that reports are to be sent to Transport Canada as opposed to Employment and Social Development Canada — Labour Program (Labour Program). The amendment would ensure that the intention is fulfilled and that the Minister’s stated authority in the Code is not undermined.

Isolated work place

The SJCSR inquired into what constitutes an “isolated work place” in Part XII (First Aid) of the Regulations, as the Regulations only apply to employees on board trains while in operation.

The intention of the definition was to ensure that employers had suitable transportation services available to employees where standard emergency medical services are not accessible. For example, employees at times operate trains that are not within city limits and they cannot call upon standard emergency medical services to take them to the hospital. In these cases, the employer has to ensure that if an emergency occurs, an employee can access suitable means of transportation to transport them to definitive care.

The amendment to the Regulations would remove the definition of “isolated work place” in Part XII and clarify in section 12.6 of the Regulations that the employer has to ensure that wherever the train is being operated, they must have emergency services (or equivalent) available to employees.

Section 8.10

Section 8.10 in the French version of the Regulations did not cover the four scenarios (injury to and through the skin and disease to and through the skin) as outlined in the English version of the Regulations. This section would be amended in the French version to align it with the English version to ensure that the employee is protected from injury to or through the skin and disease to and through the skin.

Schedule I to Part XI

Two amendments would occur to Schedule I to Part XI to correct administrative and grammatical errors.

The amendment would remove the statement “See reverse for INSTRUCTIONS au verso” as it was not the intention to include the instructions in the Regulations. The SJCSR noted that the instructions for Schedule I do not appear in the Regulations even though the schedule states that the instructions are on the reverse page.

The SJCSR recommended that in Schedule I of the French version the phrase “raisons pour lesquelles aucune mesure corrective n’a été prise” be modified. Given that the intention of the requirement is to ask why the employer has decided not to take any corrective measures, the wording would be amended in the French version to state “raisons pour ne pas prendre de mesures correctives.”

Regulatory and non-regulatory options considered

The options considered were maintaining the status quo or amending the existing provisions. The first was not acceptable for the following reasons:

  • The injury rates of on-board train employees are higher than the federal jurisdiction average, and, therefore, there is concern that retaining the existing provisions will not improve the health and safety of employees; and
  • The proposed amendments are already in force in the COHSR. Not incorporating the requirements in the Regulations would maintain the current disparity that exists between the Regulations and the COHSR.

Benefits and costs

The implementation of the proposed regulatory amendments is expected to result in average annual net savings to the Canadian economy of approximately $6.5M, totalling about $130M over the 20-year period of analysis. The majority of these savings (approximately $5.7M annually) would stem from the introduction of the new requirements governing noise exposure on trains while in operation. It is estimated that there will be an annual average reduction of approximately 25 permanent noise-induced hearing loss injuries in the federal on-board rail sector over the next 20 years. In addition, an annual average reduction of 20 injuries is estimated due to the new requirements prescribing the implementation of hazard, ergonomic, and violence prevention programs. These requirements are also expected to result in net savings of approximately $800,000 per year. All figures are expressed in constant 2009 dollars.

The compliance costs associated with the proposed regulatory amendments, again expressed in constant 2009 dollars, are expected to be higher in the first year of implementation, totalling approximately $18M. The majority of these initial costs would result from the new requirement that rail operators introduce engineering controls, where it is technically and economically possible, to minimize sound levels on locomotives. In the following years, costs to comply with the proposed regulatory amendments, both in the context of the new sound level requirements and for those associated with the introduction of the prevention programs, are anticipated to be about $500,000 per year.

Cost-benefit statement

A detailed cost-benefit report entitled Impact Assessment: Proposed Amendments to the On Board Trains Occupational Safety and Health Regulations is available upon request.

The cost-benefit report and statement below are expressed in constant 2009 dollars, discounted at 8% per year over 20 years as the analysis for the cost-benefit was done in 2009. The cost-benefit analysis is still applicable today as the new estimates would show little to no variation in the cost-benefit findings and would likely fall within the margin of error of the estimates contained in the actual cost-benefit report.

The implementation of the proposed Regulations is expected to result in net savings to the Canadian economy of approximately $130M over the 20-year cost-benefit analysis period. This would amount to a net present value of about $41.5M. Approximately $114M of net savings stem from the new requirements for sound levels on trains resulting in about 500 fewer permanent noise-induced hearing loss injuries.

The cost to comply with the changes introduced in the proposed Regulations would be absorbed essentially by the Canadian rail transport industry. Costs are expected to be approximately $18M in the first year after implementation, due primarily to requirements mandating the introduction of engineering controls to reduce locomotive sound levels. Recurring costs would be about $500,000 per year and would include other requirements such as hazard investigation of sound levels by the employer, the purchase of hearing protection equipment, and hazard and violence prevention.

Due to a decreased number of injuries, employers, employees and the Canadian economy would benefit from the reduction of direct and indirect costs. For example, employers benefit from not paying transportation to hospital and extra premiums payable to workers’ compensation boards, and the avoidance of productivity losses due to alternate and/or injured workers. Employees would benefit from not having to deal with such costs as the lost or impaired ability to work or engage in leisure activities due to morbidity, and the Canadian economy would also benefit from the reduction of health care costs and of the loss of an employable person in the Canadian workforce.

Cost-to-benefit ratio (discounted): 2.98:1

Cost-benefit Statement

Key Stakeholders

Base Year: 2014

Final Year: 2033

Total (Present Value)

Annual Average

A. Monetized impacts in 2009 dollars

Benefits

Employers of on-board rail sector under federal jurisdiction and the Canadian economy.

$1,717,901

$12,506,547

$62,467,784

$7,832,341

Costs

Employers of on-board rail sector under federal jurisdiction.

$18,072,841

$402,399

$20,965,292

$1,356,863

Net benefits

 

-$16,354,939

$12,104,149

$41,502,492

$6,475,478

B. Quantified impacts in non-$

Positive impacts (avoided injuries)

Employees of on-board rail sector under federal jurisdiction.

45

39

819

41

Negative impacts

Employers and employees of on-board rail sector under federal jurisdiction.

0

0

0

0

C. Qualitative impacts

Benefits to employees

 

Employees will become more aware and educated about workplace hazards, which will empower them to take a more proactive role in preventing occupational health and safety accidents. Having fewer accidents at the workplace will reduce stress and increase employee morale overall.

Benefits to businesses

Having fewer accidents at the workplace and a more educated workforce will improve workplace culture and the productivity of businesses.

Benefits to Canadian economy

Healthy and productive workplaces positively impact Canada’s success in a global economy.

“One-for-One” Rule

The “One-for-One” Rule applies to the Regulations, and the proposal is considered an “IN” under the Rule. The total annualized administrative cost increase for the 26 federally regulated rail sector businesses is estimated at $72,304, or $2,781 per business. These costs were estimated by using a cost calculator provided by the Treasury Board Secretariat (TBS), which means that all of the relevant monetization parameters for “One-for-One” Rule reporting have been met.

There are six different requirements in the proposed Regulations that constitute an administrative burden as defined by TBS guidelines. All of these six items constitute “INs” or increased administrative costs for federally regulated rail businesses. One of these items deals with the retention of the reports on sound level investigations, two deal with first aid records and three items pertain to hazard prevention program requirements (employee receipt of hazard prevention program education and the retention of that receipt, and the retention of program evaluation reports).

To calculate the costs of the administrative burdens a number of assumptions were made. In general and aligned with cost-benefit analysis assumptions, it was anticipated that in certain instances, 100% of rail companies would be impacted by the new administrative burdens. For other burdens, however, it was understood that only approximately 5% of rail companies would be affected given that 95% of rail companies are already complying with the same requirements under the COHSR or the Railway Safety Management System Regulations, pursuant to the Railway Safety Act. Assumptions made specifically about each “IN” include the following:

Retention of the reports on sound level investigations: This activity would have to be done at each worksite, and there are 13.5 worksites on average per firm in this sector. Most companies have a paper and/or an electronic filing system; therefore, it is anticipated that this activity would not be time consuming (no more than one hour per year for the firm in total).

First aid records: For the two “INs” concerning first aid records, it was estimated that worker compensation boards would request a copy of an employee’s first aid record approximately 2.1 times per company per year in this sector. However, for the first aid record that would have to be kept by the employer that includes the expiration date of an employee’s first aid certificate, administrative staff would initially take about 2.5 hours per instance to develop and input the information for the report. In the following years, updating the report would require about 10 minutes per instance. It is important to note that this would occur once every three years per employee as first aid certificates are valid for three years.

Employee receipt of hazard prevention program education and the retention of this receipt: It was estimated that this activity would occur about once every three years as the program would be evaluated about every three years. For those companies that do not already comply with the COHSR, it was estimated that it would take 1.5 hours for each firm to add an extra file to its current filing system concerning an employee’s hazard prevention program training. However, for all on-board rail companies, it is anticipated that the employer would have to maintain and retain the employee’s receipt of education about 200 times per year at 15 minutes per instance.

Retention of program evaluation reports: It was estimated that 20 minutes would be needed to obtain and file each evaluation report. However, it is anticipated that one report per firm would be developed about every three years as the hazard prevention program would be evaluated about every three years by the employer.

Stakeholder consultations were completed with on-board rail company officials and others in order to obtain input into assumptions used, and estimated costs and time, and frequency (per year) estimates used to monetize the increase in administrative burden. In particular, this was done for the frequency per year estimates used to monetize the requirement for the retention of written reports on sound level tests for employee exposures to sound levels. Canadian National Railway Company provided direct input on time estimates of this activity. For frequency per year figures for the requirement of first aid records (on receipt of a written request by a provincial workers’ compensation authority), Labour Program first aid experts and a Work Safe Alberta official were consulted. A summary of all the major assumptions, estimates (of time and frequency per firm) and calculations was also circulated to selected interested rail stakeholders for their review and comments.

Small business lens

The proposed Regulations would increase costs to small businesses in the rail sector, and the small business lens applies to this proposal. A qualitative regulatory flexibility analysis was undertaken for prepublication in the Canada Gazette, Part Ⅰ, and a full quantitative analysis for small business impacts will be included in the Regulatory Impact Analysis Statement for final publication in the Canada Gazette, Part Ⅱ.

There are three very large rail companies in Canada which undertake the majority of economic activity: Canadian National Railway Company, Canadian Pacific, and VIA Rail Canada Inc. There are also several medium-sized companies. There are 21 small businesses in total (i.e. those with fewer than 100 employees or between $30,000 and $5 million in annual gross revenues) that would be affected by this proposal. Of these small businesses, several provide regional (interprovincial) tourism operations, several provide intermodal container rail transportation services, and a number provide interprovincial or international light rail, or short-line railway services (e.g. the Great Canadian Railtour Company Limited).

The small rail businesses in Canada were consulted throughout the development of the proposed Regulations via the On Board Trains Occupational Safety and Health Regulations working group. About 85% of small businesses were represented in the working group via Transport Canada’s Advisory Council on Railway Safety and the Railway Association of Canada, which includes the majority of federally regulated small businesses in the rail industry.

The proposed Regulations are consensus-based in that employer and employee representatives in the working group, including employer and employee representatives of small businesses and larger businesses operating in the on-board rail sector, came to agreement on each of the provisions before the regulatory proposal was advanced.

Preliminary cost estimates, provided for information purposes, indicate that the proposed Regulations would cost approximately $38,000 per small business in the first year of implementation. Average costs for the following 19 years are estimated at approximately $1,000 per employer, per year. These costs would initially include the introduction of engineering controls to reduce locomotive sound levels. Recurring costs would include other requirements such as hazard investigation of sound levels by the employer, the purchase of hearing protection equipment, and hazard and violence prevention programs.

In order to mitigate the impact on small businesses, and to align the coming-into-force date with Transport Canada’s regulatory enforcement approach, which uses 90 days, a flexible option in which implementation of the proposed amendments would be delayed by 90 days was explored. This would allow on-board rail companies, including small businesses, additional time to comply with the new requirements. This delay period should help small businesses in the on-board rail sector become familiar with the requirements of the amended Regulations and take the necessary steps to ensure they are following the amended regulatory requirements designed to protect their on-board employees.

The flexible option is recommended. Please see Annex A for the Small Business Lens Checklist.

Consultation

There have been two rounds of consultations for the proposed amendments to the Regulations. The first round began in 1994 and was successful in developing the proposed amendments. In 2007, another round of consultations began; these were needed in order to harmonize the Regulations with the changes made to Part Ⅱ of the Code in 2000 and the recent amendments made to the COHSR, and to ensure that earlier proposed amendments were still relevant to current industry practices, procedures and standards.

Between 1994 and 2011, there were about 20 working group meetings involving on-board train stakeholders. The working group was composed of employee and employer stakeholders as well as technical and operational experts from Transport Canada and the Labour Program. The employee and employer stakeholders involved were Transport Canada’s Advisory Council on Railway Safety; Railway Association of Canada; Canadian Auto Workers; Brotherhood of Locomotive Engineers; United Transportation Union; Brotherhood of Maintenance of Way Employees; Canadian Brotherhood of Railway, Transport and General Workers Union; Teamsters Canada Rail Conference; VIA Rail Canada Inc.; Canadian Pacific; and the Canadian National Railway Company.

Some of the key issues discussed with stakeholders concerned were exposure limits for levels of sound, the provision of first aid to employees, and the incorporation by reference of occupational health and safety standards.

Levels of sound

It was originally proposed that the maximum level of sound permitted be aligned with the COHSR level of 87 dBA. The employer representatives, however, proposed that it be increased to 90 dBA to align with the Federal Railroad Administration Regulations of the United States. After the employer representatives considered the following points, they agreed to the proposal:

  • all Canadian jurisdictions (except Quebec) permit a maximum level of 85 dBA;
  • Europe enforces the International Organization for Standardization recommended level of 85 dBA; and
  • the National Institute for Occupational Safety and Health, an organization within the United States’ Department of Health and Human Services, recommends a level of 85 dBA.

The exposure level of 85 dBA was not recommended given the objective of this amendment was to align the Regulations with COHSR. If the Regulations were to adopt 85 dBA, there would be a discrepancy between the rail employees that are working on board trains (protected by the Regulations) and those that are working elsewhere in the rail industry (protected by the COHSR).

First aid

Presently, the Regulations require that for every workplace at which two or more employees are working, at least one of the employees shall be trained in standard first aid. Employer representatives noted that it was challenging to ensure that a trained employee was always present at the workplace. They informed the working group that this was especially difficult to ensure as every locomotive requires two employees to operate it, and at least one employee is required to have a standard first aid certificate.

As a solution, the employee representatives proposed that all employees be trained in standard first aid to avoid confusion and to ensure that all employees were equally protected while on board trains. In the case of locomotive engineers and conductors, it was noted that the current requirement placed employees at risk of not receiving adequate first aid attention. For example, if the trained employee was the one to be injured while operating a locomotive, the untrained employee would be responsible for providing first aid. This, they emphasized, could result in the injured employee not receiving the same level of care.

As a response, the employer representatives suggested that a review be conducted of the types of injuries that are occurring on board trains in order to determine which type of first aid training was necessary. The Labour Program and Transport Canada agreed that this would be the most effective way to determine what is required in order to protect employees.

After reviewing the injury information, it was agreed that given the majority of injuries occurring on board trains were sprains, strains, bruises and general pain, basic first aid (one-day training) would be more appropriate. Standard first aid (two-day training) is needed when more severe injuries occur such as fractures, chest injuries, burns and eye injuries. It was also decided that because of the health and safety risks and logistics associated with having only one of two employees trained in first aid on board train, all on-board employees would be trained in basic first aid.

Incorporation by reference

It was recommended that all standards be incorporated in the Regulations using the ambulatory reference “as amended from time to time” for the reasons given below.

  • It would help to ensure that the standards remain up to date with national and international standards;
  • It would help to ensure that the standards remain relevant to modern technology, practices and procedures; and
  • It would help the stakeholders to be fully aware of proposed requirements affecting their industry since they are directly involved in the development of the majority of standards to be incorporated.

It was also explained that the Maritime Occupational Health and Safety Regulations and the Aviation Occupational Health and Safety Regulations published in the Canada Gazette, Part Ⅱ, on June 3, 2010, and April 13, 2011, respectively, have incorporated all standards “as amended from time to time” for the reasons stated above.

Employee representatives were in favour of the proposal, while the employer representatives expressed a number of concerns. Employer representatives noted that Canadian stakeholders are not involved in the development of non-Canadian standards. This issue is compounded, they stated, if these non-Canadian standards are incorporated “as amended from time to time” in the Regulations; it does not give stakeholders and/or the Labour Program an opportunity to consider practical, technical or financial issues related to complying with the standard. The employers noted that they would be expected to comply without knowing the costs associated with compliance. They also pointed out that the COHSR has both static and ambulatory references.

The stakeholders were informed that COHSR stakeholders are now more inclined to incorporate standards “as amended from time to time” where there is little to no risk associated with the standards. As an example, in 2011, the COHSR Part XII working group regarding safety materials, devices, equipment and clothing was in favour of incorporating all proposed standards “as amended from time to time” except for an American National Standards Institute (ANSI) standard. As there are no Canadian stakeholders or federal government of Canada representatives involved in the development of ANSI standards and the organization does not inform the public of any upcoming changes, it was decided that the standard would be incorporated with a static reference.

The employer representatives responded that they would be comfortable with the COHSR Part XII approach given that they have representation regarding all Canadian standards and guidelines to be incorporated in the Regulations. In the end, the working group concluded that standards that pose little to no risk concerning their representation are to be incorporated using the ambulatory reference “as amended from time to time,” with the exception of international and American standards published by the following organizations:

  • International Electrotechnical Commission;
  • American Conference of Governmental Industrial Hygienists;
  • National Fire Protection Association;
  • United States National Institute for Occupational Safety and Health; and
  • American Society for Testing and Materials.
Standing Joint Committee for the Scrutiny of Regulations

In 2011, stakeholders were also consulted regarding the SJCSR’s specific provisions noted and also reviewed the recommendations to address the inquiries. They did not raise any issues and were in agreement with all proposed amendments.

Regulatory cooperation

The Rail Safety Directorate of Transport Canada (Rail Safety) has been an active participant in the working group meetings with stakeholders and has provided input into all documentation and information developed to support the amendment of the Regulations. The Directorate has also provided input to ensure that the proposed amendments are technically accurate, practical and are harmonized with safe operations pursuant to the Railway Safety Act. In addition, the proposed Regulations minimize the health and safety regulatory differences between the federal jurisdiction and other provinces and territories. For example, the proposed Regulations would better align the levels of sound requirements to those already prescribed in provincial jurisdiction regulations. As well, most other provincial and territorial jurisdictions already have requirements concerning hazard and violence prevention. The proposed Regulations are not expected to have any impact on domestic or international coordination and cooperation. American rail companies operating in Canada, such as Amtrak, would not be subject to the Regulations.

Rationale

Proposing new requirements for the Regulations was considered the most effective means to ensure that the health and safety issues affecting employees on board trains are resolved.

The proposed Regulations provide the greatest overall benefit to stakeholders. The proposed Regulations would reduce the rates of hearing loss in the workplace, and in so doing, would provide savings estimated at $130M over a period of 20 years to employers and to Canadian society as a whole. Additionally, the proposed Regulations would address outstanding inconsistencies with the COHSR that must be corrected as well as address outstanding SJCSR concerns.

This approach to occupational health and safety issues is consistent with how these issues are addressed under the Code. Further, this regulatory approach is consistent with, if not identical to, how other Canadian jurisdictions, the United States, and Europe address injuries and accidents that occur at the workplace.

Implementation, enforcement and service standards

The proposed Regulations will come into force 90 days from the date of registration of the new requirements to provide employers and the employees the time to become informed about the new requirements and to consult Transport Canada — Rail Safety (Rail Safety), if necessary. Activities intended to enforce the proposed Regulations are delegated to Transport Canada — Rail Safety. Rail Safety and its health and safety officers (HSOs) are therefore responsible for the enforcement of the Regulations. Rail Safety develops compliance and enforcement strategies in consultation with the Interdepartmental Committee on Occupational Safety and Health (ICOSH). ICOSH comprises the functional authorities from Transport Canada and the Labour Program responsible for the coordination, effective and efficient application and enforcement of the Code. Compliance would be monitored as part of the ongoing occupational health and safety program. Rail Safety and HSOs would also focus on particular workplaces that demonstrate higher health and safety risk, higher disabling injury rates, and/or inability to resolve complaints internally.

As rail industry employers already comply with the COHSR, education and enforcement conducted by Rail Safety and HSOs would focus mainly on provisions that are unique to on-board train work and the major amendments concerning levels of sound, the hazard prevention program, and the violence prevention program. Rail Safety and HSOs would provide information to employers and employees via the health and safety committee and representatives, as well as visit workplaces directly.

Overall, the Labour Program’s compliance policy outlines the proactive and reactive activities used by HSOs to ensure compliance. However, policy committees and workplace committees are the primary mechanisms through which employers and employees work together to solve job-related health and safety problems. HSOs assist the rail industry in establishing and implementing policy committees and workplace committees, and related programs.

The statutory powers of HSOs allow them to enter trains and perform various activities to enforce compliance with the Code and the Regulations. For example, HSOs may conduct safety audits and inspections. They may also investigate the circumstances surrounding the report of a contravention, work accident, refusal to work, or hazardous occurrence on board trains.

If violations of the Regulations are observed and are not resolved via policy and workplace committees, enforcement actions for non-compliance would be used by an HSO. Enforcement actions may range from the issuance of a written notice to further steps such as the initiation of prosecution. Initially, an attempt to correct non-compliance with the Regulations, when non-compliance does not represent a dangerous condition, is made through the issuance of an Assurance of Voluntary Compliance (AVC). An AVC is a written commitment that a contravention will be corrected within a specified time. Failure to complete the corrective actions specified in the AVC may lead the HSO to issue a direction. A direction is issued whenever a serious contravention or dangerous condition exists and when an AVC is not obtainable or has not been fulfilled. Failure to comply with a direction is a violation of the Code and as such is enforceable by prosecution. Offences can lead to imprisonment. The maximum penalty for offences is, on summary conviction, a fine of $1M, or on conviction on indictment, imprisonment for up to two years and/or a fine of $1M.

Contacts

Simone Kendall
Policy Analyst
Occupational Health and Safety Policy Unit
Labour Program — Employment and Social Development Canada
Place du Portage, Phase II, 10th Floor
165 De l’Hôtel-de-Ville Street
Gatineau, Quebec
K1A 0J2
Telephone: 613-654-4454
Fax: 819-953-1743
Email: simone.kendall@labour-travail.gc.ca

Pierre LeFort
Senior Advisor
Railway Operations and OHS Rail Safety
Transport Canada
Enterprise Building, Suite 1410
427 Laurier Avenue West
Ottawa, Ontario
K1A 0N5
Telephone: 613-990-3697
Fax: 613-990-7767
Email: lefortp@tc.gc.ca

Annex A: Small Business Lens Checklist

1. Name of the sponsoring regulatory organization:

Department of Employment and Social Development — Labour Program

2. Title of the regulatory proposal:

Regulations Amending the On Board Trains Occupational Safety and Health Regulations

3. Is the checklist submitted with a RIAS for the Canada Gazette, Part Ⅰ or Part Ⅱ?

Checkbox Canada Gazette, Part Ⅰ   Checkbox Canada Gazette, Part Ⅱ

A. Small business regulatory design

I

Communication and transparency

Yes

No

N/A

1.

Are the proposed Regulations or requirements easily understandable in everyday language?

Checkbox

Checkbox

Checkbox

2.

Is there a clear connection between the requirements and the purpose (or intent) of the proposed Regulations?

Checkbox

Checkbox

Checkbox

3.

Will there be an implementation plan that includes communications and compliance promotion activities, that informs small businesses of a regulatory change and guides them on how to comply with it (e.g. information sessions, sample assessments, toolkits, Web sites)?

Checkbox

Checkbox

Checkbox

4.

If new forms, reports or processes are introduced, are they consistent in appearance and format with other relevant Government forms, reports or processes?

Checkbox

Checkbox

Checkbox

The new forms and reports that are introduced are aligned with the forms and reports that are in the Canada Occupational Health and Safety Regulations and other regulations under the Canada Labour Code, Part Ⅱ. It is important to note that the majority of the rail industry employers also must adhere to the Canada Occupational Health and Safety Regulations given their “off-board” employees who work in train yards, stations and offices.

II

Simplification and streamlining

Yes

No

N/A

1.

Will streamlined processes be put in place (e.g. through BizPaL, the Canada Border Services Agency single window) to collect information from small businesses where possible?

Checkbox

Checkbox

Checkbox

While the initiative was not initiated because of the proposed amendments to the On Board Trains Occupational Safety and Health Regulations, the Labour Program is currently implementing a larger operational objective, called the Labour Program Electronic Access Form (LEAF) project, to allow employers (large and small) to fill out a number of reports online. For example, the Hazardous Occurrence Investigation Report and the Employer’s Annual Hazardous Occurrence Report that are prescribed in the On Board Trains Occupational Safety and Health Regulations will be available online to employers.

2.

Have opportunities to align with other obligations imposed on businesses by federal, provincial, municipal or international or multinational regulatory bodies been assessed?

Checkbox

Checkbox

Checkbox

Throughout the regulatory development process, efforts were made to align the proposed Regulations with other regulations under the Canada Labour Code, Part Ⅱ, other Canadian jurisdictions and other countries.

3.

Has the impact of the proposed Regulations on international or interprovincial trade been assessed?

Checkbox

Checkbox

Checkbox

The proposed Regulations are not expected to have any impact on domestic or international coordination and cooperation. American rail companies operating in Canada, such as Amtrak, are not subject to the Regulations.

4.

If the data or information, other than personal information, required to comply with the proposed Regulations is already collected by another department or jurisdiction, will this information be obtained from that department or jurisdiction instead of requesting the same information from small businesses or other stakeholders? (The collection, retention, use, disclosure and disposal of personal information are all subject to the requirements of the Privacy Act. Any questions with respect to compliance with the Privacy Act should be referred to the department or agency’s ATIP office or legal services unit.)

Checkbox

Checkbox

Checkbox

There are no official information sharing agreements between Transport Canada and the Labour Program; however, a memorandum of understanding exists between these entities that outlines what and when information is to be shared. For example, the Labour Program gathers and analyzes information from Transport Canada to monitor the application, enforcement and performance of the Canada Labour Code. In addition, there exists an Interdepartmental Committee on Occupational Safety and Health (ICOSH). The ICOSH comprises the functional authorities from Transport Canada and the Labour Program who are responsible for the coordination, effective and efficient application and enforcement of the Code. The ICOSH shares non-personal information concerning injuries and accidents in order for these authorities to fulfill their responsibilities.

5.

Will forms be pre-populated with information or data already available to the Department to reduce the time and cost necessary to complete them? (Example: When a business completes an online application for a licence, upon entering an identifier or a name, the system pre-populates the application with the applicant’s personal particulars such as contact information, date, etc. when that information is already available to the department.)

Checkbox

Checkbox

Checkbox

When the LEAF project is officially launched, and employers are providing information for the Hazardous Occurrence Investigation Report (HOIR), certain information requested for the Employer’s Annual Hazardous Occurrence Investigation Report (EAHOR) will be pre-populated, and thus, no longer obtained from employers.

6.

Will electronic reporting and data collection be used, including electronic validation and confirmation of receipt of reports where appropriate?

Checkbox

Checkbox

Checkbox

Yes, this has been built into the Labour Program online forms initiative.

7.

Will reporting, if required by the proposed Regulations, be aligned with generally used business processes or international standards if possible?

Checkbox

Checkbox

Checkbox

Employers have the option to submit information used for business processes as long as the prescribed information is in the documentation provided to Government.

8.

If additional forms are required, can they be streamlined with existing forms that must be completed for other Government information requirements?

Checkbox

Checkbox

Checkbox

III

Implementation, compliance and service standards

Yes

No

N/A

1.

Has consideration been given to small businesses in remote areas, with special consideration to those that do not have access to high-speed (broadband) Internet?

Checkbox

Checkbox

Checkbox

All information to be provided to Government can be submitted via paper or electronically.

2.

If regulatory authorizations (e.g. licences, permits or certifications) are introduced, will service standards addressing timeliness of decision making be developed that are inclusive of complaints about poor service?

Checkbox

Checkbox

Checkbox

The Regulations do not and will not enforce licences, permits or certifications, etc.

3.

Is there a clearly identified contact point or help desk for small businesses and other stakeholders?

Checkbox

Checkbox

Checkbox

The Labour Program has a toll-free (1-800) number where stakeholders can report a serious injury, death or refusal to work. See the first paragraph at www.hrsdc.gc.ca/eng/labour/contact_us/contact_us.shtml.

B. Regulatory flexibility analysis and reverse onus

IV

Regulatory flexibility analysis

Yes

No

N/A

1.

Does the RIAS identify at least one flexible option that has lower compliance or administrative costs for small businesses in the small business lens section?

Examples of flexible options to minimize costs are as follows:

  • Longer time periods to comply with the requirements, longer transition periods or temporary exemptions;
  • Performance-based standards;
  • Partial or complete exemptions from compliance, especially for firms that have good track records (legal advice should be sought when considering such an option);
  • Reduced compliance costs;
  • Reduced fees or other charges or penalties;
  • Use of market incentives;
  • A range of options to comply with requirements, including lower-cost options;
  • Simplified and less frequent reporting obligations and inspections; and
  • Licences granted on a permanent basis or renewed less frequently.

Checkbox

Checkbox

Checkbox

A longer time period of three months will be given to comply with the requirements.

2.

Does the RIAS include, as part of the Regulatory Flexibility Analysis Statement, quantified and monetized compliance and administrative costs for small businesses associated with the initial option assessed, as well as the flexible, lower-cost option?

  • Use the Regulatory Cost Calculator to quantify and monetize administrative and compliance costs and include the completed calculator in your submission to TBS-RAS.

Checkbox

Checkbox

Checkbox

Given the impact the regulatory amendments will have on the rail industry, it was determined that the small business lens analysis would prove to be beneficial in communicating the particular costs to small businesses. For publication in the Canada Gazette, Part Ⅰ, it was agreed that a qualitative description would be provided. A full quantitative analysis will be included when the RIAS is published in the Canada Gazette, Part Ⅱ.

3.

Does the RIAS include, as part of the Regulatory Flexibility Analysis Statement, a consideration of the risks associated with the flexible option? (Minimizing administrative or compliance costs for small businesses cannot be at the expense of greater health, security or safety or create environmental risks for Canadians.)

Checkbox

Checkbox

Checkbox

4.

Does the RIAS include a summary of feedback provided by small businesses during consultations?

Checkbox

Checkbox

Checkbox

The summary will be provided in the RIAS for the Canada Gazette, Part Ⅱ.

V

Reverse onus

Yes

No

N/A

1.

If the recommended option is not the lower-cost option for small businesses in terms of administrative or compliance costs, is a reasonable justification provided in the RIAS?

Checkbox

Checkbox

Checkbox

Not applicable, as the lower-cost option for small businesses is the option that has been retained.

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to sections 125 (see footnote a), 125.1 (see footnote b), 126 (see footnote c) and 157 (see footnote d) of the Canada Labour Code (see footnote e), proposes to make the annexed Regulations Amending the On Board Trains Occupational Safety and Health Regulations.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gaz-ette, Part Ⅰ, and the date of publication of this notice, and be addressed to Pierre LeFort, Senior Advisor, Railway Operations, Equipment and Operations, Transport Canada, 427 Laurier Avenue West, Floor 14, Mail Stop: ASRO, Ottawa, Ontario K1A 0N5 (tel.: 613-990-3697) or to Simone Kendall, Policy Analyst, Occupational Health and Safety Policy Unit, Labour Program, Employment and Social Development Canada, Place du Portage, Phase II, 165 Hôtel-de-Ville Street, Room 10D174, Mail Stop: L1001, Gatineau, Quebec K1A 0J2 (tel.: 819-953-0232).

Ottawa, April 3, 2014

JURICA ČAPKUN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE ON BOARD TRAINS OCCUPATIONAL SAFETY AND HEALTH REGULATIONS

AMENDMENTS

1. The long title of the On Board Trains Occupational Safety and Health Regulations (see footnote 1) is replaced by the following:

ON BOARD TRAINS OCCUPATIONAL HEALTH AND SAFETY REGULATIONS

2. Section 1 of the Regulations and the heading before it are repealed.

3. (1) The definitions “first aid” and “regional safety officer” in section 1.1 of the Regulations are repealed.

(2) Section 1.1 of the Regulations is amended by adding the following in alphabetical order:

“national office” means the Rail Safety Directorate, Transport Canada, Ottawa, Ontario K1A 0N5; (bureau national)

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

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

4. Section 1.4 of the Regulations is replaced by the following:

1.4 An employer’s keeping and maintenance of health and safety records and records of exposure to hazardous substances shall be done in such a manner that the records are readily available for examination by a health and safety officer and by the work place committee or health and safety representative for the work place to which they apply.

5. Section 1.6 of the Regulations is repealed.

6. The heading of Part Ⅲ of the Regulations is replaced by the following:

LIGHTING

INTERPRETATION

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

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

“VDT” means a visual display terminal. (TEV)

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

7. Section 3.1 of the French version of the Regulations is replaced by the following:

3.1 (1) Les niveaux d’éclairement prévus par la présente partie doivent, dans la mesure du possible, être assurés par un système d’éclairage installé par l’employeur.

(2) Lorsqu’il est difficilement réalisable pour l’employeur de se conformer au paragraphe (1), celui-ci fournit des lanternes portatives dispensant les niveaux d’éclairement prescrits.

8. The heading before section 3.2 of the French version of the Regulations is replaced by the following:

MESURE DES NIVEAUX D’ÉCLAIREMENT

9. Section 3.2 of the Regulations is replaced by the following:

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

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

10. The heading before section 3.3 and sections 3.3 and 3.4 of the French version of the Regulations are replaced by the following:

NIVEAUX MINIMUMS D’ÉCLAIREMENT

3.3 Le niveau d’éclairement dans une aire visée à la colonne I de l’annexe I de la présente partie ne peut être inférieur à celui prévu à la colonne II.

3.4 Le niveau d’éclairement dans une aire visée à la colonne I de l’annexe II de la présente partie ne peut être inférieur à celui prévu à la colonne II.

11. The Regulations are amended by adding the following after section 3.4:

LIGHTING — VDT

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

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

  • (a) read every portion of any text displayed on the screen; and
  • (b) see every portion of the visual display on the screen.

12. Paragraph 3.5(2)( b ) of the Regulations is replaced by the following:

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

13. The heading of Schedule I to Part Ⅲ of the French version of the Regulations is replaced by the following:

NIVEAUX D’ÉCLAIREMENT DANS LES FOURGONS DE QUEUE, LES LOCOMOTIVES ET LES VÉHICULES D’ENTRETIEN

14. (1) The heading of Column II of Schedule I to Part Ⅲ of the Regulations is replaced by “Level of lighting (lx)”.

(2) The portion of items 1 to 4 of Schedule I to Part Ⅲ of the Regulations in Column II is replaced by the following:

Item

Column II

Level of lighting (lx)

1.

220

2.

220

3.

30

4.

30

15. The heading of Schedule II to Part Ⅲ of the French version of the Regulations is replaced by the following:

NIVEAUX D’ÉCLAIREMENT À L’EXTÉRIEUR DU MATÉRIEL ROULANT

16. (1) The heading of Column II of Schedule II to Part Ⅲ of the Regulations is replaced by “Level of lighting (lx)”.

(2) The portion of item 1 of Schedule II to Part Ⅲ of the Regulations in Column II is replaced by the following:

Item

Column II

Level of lighting (lx)

1.

50

17. Part Ⅲ of the Regulations is amended by adding the following after Schedule II:

SCHEDULE III
(Section 3.4.1)

LEVELS OF LIGHTING — VDT WORK

Item

Column I


Task position

Column II

Level of lighting (lx)

1.

VDT task positions at which data entry and retrieval work are performed intermittently 

500

2.

VDT task positions at which data entry work is performed exclusively 

750

18. Part ⅠV of the Regulations is replaced by the following:

PART IV

LEVELS OF SOUND

INTERPRETATION

4.1 The following definitions apply in this Part.

“A-weighted sound pressure level” means a sound pressure level as determined by a measurement system which includes an A-weighting filter that meets the requirements set out in the International Electrotechnical Commission’s International Standard IEC 61672-1, first edition 2002-05, entitled Electroacoustics – Sound Level Meters. (niveau de pression acoustique pondérée A)

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

“noise exposure level (Lex,8)” means the level equal to 10 times the logarithm to the base 10 of the time integral over any 24-hour period of a squared A-weighted sound pressure divided by 8, the reference sound pressure being 20 µPa. (niveau d’exposition (Lex,8))

“sound level meter” means an instrument for measuring levels of sound and impulse sound that meets the requirements set out in the International Electrotechnical Commission’s International Standard IEC 61672-1, first edition 2002-05, entitled Electroacoustics – Sound Level Meters. (sonomètre)

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

MEASUREMENT AND CALCULATION OF EXPOSURE

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

  • (a) is recommended for that measurement in Clause 4.3 of CSA Standard CAN/CSA-Z107.56-06, Procedures for the Measurement of Occupational Noise Exposure, as amended from time to time; and
  • (b) meets the requirements for such an instrument set out in Clause 4 of that Standard.

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

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

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

HAZARD INVESTIGATION

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

  • (a) appoint a qualified person to carry out an investigation of the degree of exposure; and
  • (b) notify the work place committee or the health and safety representative of the investigation and the qualified person’s name.

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

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

  • (a) the sources of sound in the work place;
  • (b) the A-weighted sound pressure levels to which the employee is likely to be exposed and the duration of such exposure;
  • (c) the methods being used to reduce this exposure;
  • (d) whether the exposure of the employee is likely to exceed the limits set out in section 4.4; and
  • (e) whether the employee is likely to be exposed to a noise exposure level (Lex,8) of 84 dBA or more.

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

  • (a) observations respecting the matters set out in subsection (3);
  • (b) recommendations respecting the measures that should be taken in order to comply with sections 4.4 to 4.8; and
  • (c) recommendations respecting the use of hearing protectors by employees who are exposed to a noise exposure level (Lex,8) of 84 dBA or more but not more than 87 dBA.

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

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

  • (a) post a copy of the report in a conspicuous place at a location that is accessible to the employee and keep the report posted; and
  • (b) provide the employee with written information that describes the hazards associated with exposure to high levels of sound.

LIMITS OF EXPOSURE

4.4 No employee in a work place shall be exposed

  • (a) in any 24-hour period, to an A-weighted sound pressure level set out in column I of the schedule to this Part for a duration of exposure that exceeds the applicable duration set out in column II; or
  • (b) at any time, to a noise exposure level (Lex,8) of more than 87 dBA.

REDUCTION OF SOUND EXPOSURE

4.5 If an employee’s exposure to sound exceeds a limit set out in section 4.4, an employer shall, if it is reasonably practicable to do so, by engineering controls or other physical means other than hearing protectors, reduce the employee’s exposure to sound to a level that does not exceed that limit.

REPORT TO HEALTH AND SAFETY OFFICER

4.6 If it is not reasonably practicable, without providing hearing protectors, for an employer to limit the exposure of an employee to whom section 4.4 applies to sound to a level that does not exceed the limits set out in that section, the employer shall, without delay,

  • (a) make a report in writing to a health and safety officer at the national office setting out the reasons why it is not reasonably practicable to do so; and
  • (b) provide a copy of the report to the work place committee or the health and safety representative.

HEARING PROTECTION

4.7 (1) An employer who is required to make a report under section 4.6 shall, as soon as practicable, provide every employee whose exposure to sound is likely to exceed a limit set out in section 4.4 with a hearing protector that

  • (a) meets the requirements set out in CSA Standard CAN/ CSA-Z94.2-02, Hearing Protection Devices – Performance, Selection, Care, and Use, as amended from time to time; and
  • (b) prevents the employee from being exposed to a level of sound that exceeds a limit set out in section 4.4.

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

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

WARNING SIGNS

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

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

SCHEDULE
(Section 4.4)

MAXIMUM DURATION OF EXPOSURE TO A-WEIGHTED SOUND PRESSURE LEVELS IN THE WORK PLACE

Column I

A-weighted sound pressure level (dBA)

Column II

Maximum duration of exposure in hours per employee per 24-hour period

87

8.0

88

6.4

89

5.0

90

4.0

91

3.2

92

2.5

93

2.0

94

1.6

95

1.3

96

1.0

97

0.80

98

0.64

99

0.50

100

0.40

101

0.32

102

0.25

103

0.20

104

0.16

105

0.13

106

0.10

107

0.080

108

0.064

109

0.050

110

0.040

111

0.032

112

0.025

113

0.020

114

0.016

115

0.013

116

0.010

117

0.008

118

0.006

119

0.005

120

0.004

19. The heading before section 6.1 of the French version of the Regulations is replaced by the following:

INTERPRÉTATION

20. Section 6.1 of the Regulations is replaced by the following:

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

21. Paragraph 6.5(2)(b) of the Regulations is replaced by the following:

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

22. Section 6.7 of the Regulations is replaced by the following:

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

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

23. Section 6.17 of the Regulations is replaced by the following:

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

24. Section 6.19 of the Regulations is replaced by the following:

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

25. Section 6.24 of the Regulations is repealed.

26. Sections 6.25 and 6.26 of the Regulations are repealed.

27. Subsection 6.27(2) of the Regulations is replaced by the following:

(2) Foods that require freezing to prevent them from becoming hazardous to health shall be maintained at a temperature of -11°C or lower.

28. Subsection 6.30(2) of the Regulations is replaced by the following:

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

(3) Wet food waste and garbage shall be

  • (a) disposed of by mechanical grinders or choppers connected to sewage disposal lines; or
  • (b) held in leak-proof, non-absorptive, easily-cleaned containers with tight-fitting covers in a separate enclosed area or container until removal for disposal.

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

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

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

29. Section 7.2 of the Regulations is replaced by the following:

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

30. The Regulations are amended by adding the following before the heading “Hazard Investigation” before section 7.3:

Records of Hazardous Substances

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

31. (1) Subsection 7.3(1) of the Regulations is replaced by the following:

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

  • (a) appoint a qualified person to carry out an investigation in that regard; and
  • (b) notify the work place committee or the health and safety representative of the investigation and the qualified person’s name.

(2) The portion of subsection 7.3(2) of the Regulations before paragraph (a) is replaced by the following:

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

(3) Paragraphs 7.3(2)(c) to (h) of the Regulations are replaced by the following:

  • (c) the acute and chronic effects on health of exposure to the hazardous substance;
  • (d) the quantity of the hazardous substance to be handled;
  • (e) the manner in which the hazardous substance is stored, used, handled and disposed of;
  • (f) the control methods used to eliminate or reduce exposure of employees to the hazardous substance;
  • (g) the concentration or level of the hazardous substance to which an employee is likely to be exposed;
  • (h) whether the concentration of an airborne chemical agent is likely to be greater than 50% of the value referred to in paragraph 7.20(1)(a) for that chemical agent or whether the level of ionizing or non-ionizing radiation is likely to be greater than any applicable limit referred to in subsection 7.23(2) or (3); and
  • (i) whether the level referred to in paragraph (g) is greater than any maximum applicable level set out in Part Ⅲ or less than any minimum applicable level set out in that Part.

32. Sections 7.4 and 7.5 of the Regulations are replaced by the following:

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

  • (a) the qualified person shall make, sign and date a written report that contains their
    • (i) observations respecting the matters set out in subsection 7.3(2), and
    • (ii) recommendations respecting the measures that should be taken in order to comply with sections 7.6 to 7.23, including recommendations respecting sampling and testing methods; and
  • (b) the employer shall develop and maintain a written procedure for the control of the concentration or level of the hazardous substance in the work place.

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

33. Paragraph 7.7(b) of the Regulations is replaced by the following:

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

34. Section 7.9 of the Regulations is replaced by the following:

7.9 Subject to subsection 7.11(1), if a hazardous substance is stored, handled or used in a work place, any hazard resulting from that storage, handling or use shall be confined to as small an area as practicable.

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

35. Section 7.11 of the Regulations is replaced by the following:

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

36. (1) Subsection 7.16(1) of the Regulations is replaced by the following:

7.16 (1) An employer shall develop and implement an employee education program with respect to hazard prevention and control at the work place in consultation with the work place committee or the health and safety representative.

(2) Subparagraph 7.16(2)(a)(iv) of the Regulations is replaced by the following:

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

(3) Subsection 7.16(2) of the Regulations is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

  • (d) if the employer keeps an electronic version of a material safety data sheet available in accordance with subsection 7.31(2), instruction and training in accessing that material safety data sheet.

(4) The portion of subsection 7.16(3) of the Regulations before paragraph (a) is replaced by the following:

(3) An employer shall, in consultation with the work place committee or the health and safety representative, review the employee education program referred to in subsection (1) and, if necessary, revise it

37. (1) Paragraph 7.20(1)(a) of the Regulations is replaced by the following:

  • (a) an airborne chemical agent that is greater than the value for that chemical agent adopted by the American Conference of Governmental Industrial Hygienists in its publication entitled Threshold Limit Values and Biological Exposure Indices, 7th edition, dated 2011; or

(2) Subsection 7.20(2) of the Regulations is replaced by the following:

(2) If there is a likelihood that the concentration of an airborne chemical agent may be greater than the value referred to in paragraph (1)(a), air samples shall be taken and the concentration of the chemical agent shall be determined

  • (a) in accordance with the standards set out in the United States National Institute for Occupational Safety and Health publication entitled NIOSH Manual of Analytical Methods, 5th edition, dated 2003;
  • (b) in accordance with a method used to collect and analyze a representative sample of the chemical agent with accuracy and with detection levels at least equal to those which would be obtained if the standards referred to in paragraph (a) were used; or
  • (c) if no specific standards for the chemical agent are set out in the publication referred to in paragraph (a) and no method that meets the requirements of paragraph (b) exists, in accordance with a scientifically proven method used to collect and analyze a representative sample of the chemical agent.

38. The Regulations are amended by adding the following after section 7.21:

7.21.1 Compressed air, gas or steam shall not be used for blowing dust or other substances from structures, machinery or materials if

  • (a) there is a risk of any person being directly exposed to the jet or if a fire, explosion, injury or health hazard is likely to result from that use; or
  • (b) that use would result in either a concentration of an airborne chemical agent that is greater than the value referred to in paragraph 7.20(1)(a) for that chemical agent or a concentration of an airborne chemical agent or combination of airborne chemical agents that is greater than the maximum concentration set out in subsection 7.21(1) or (2).

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

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

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

  • (a) eye protectors that meet the standards set out in CSA Standard CAN/CSA-Z94.3-07, Eye and Face Protectors, as amended from time to time, shall be worn; and
  • (b) either the maximum compressed air pressure in the pipeline shall be 69 kPa (10 psi) or a safety nozzle limiting the air pressure to no more than 69 kPa (10 psi) shall be used.

39. The heading before section 7.22 and sections 7.22 and 7.23 of the Regulations are replaced by the following:

Ionizing and Non-ionizing Radiation

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

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

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

40. Section 7.31 of the Regulations is replaced by the following:

7.31 (1) In any work place in which an employee may handle or be exposed to a controlled product, the employer shall keep readily available for examination by employees and by the work place committee or the health and safety representative a copy in English and in French of

  • (a) the work place material safety data sheet, if the employer has prepared one under subsection 7.30(1); or
  • (b) the supplier material safety data sheet, in any other case.

(2) Instead of keeping a material safety data sheet in accordance with subsection (1), an employer may keep an electronic version of the material safety data sheet available in English and in French, for examination by means of a computer terminal, if the employer

  • (a) takes all reasonable steps to maintain the terminal in working order;
  • (b) provides the instruction and training referred to in paragraph 7.16(2)(d) to one or more employees on each shift, and to all members of the work place committee or to the health and safety representative; and
  • (c) on the request of an employee, the work place committee or the health and safety representative, makes the material safety data sheet readily available to the employee, the work place committee or the health and safety representative.

41. Section 8.1 of the Regulations and the heading “INTERPRETATION” before it are repealed.

42. Section 8.5 of the Regulations is replaced by the following:

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

43. Subsection 8.6(1) of the Regulations is replaced by the following:

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

44. Sections 8.7 to 8.9 of the Regulations are replaced by the following:

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

RESPIRATORY PROTECTION

8.8 (1) If there is a hazard of an airborne hazardous substance or an oxygen-deficient atmosphere in a work place, the employer shall provide a respiratory protective device that is listed in the United States National Institute for Occupational Safety and Health publication entitled Certified Equipment List, as amended from time to time.

(2) The respiratory protective device shall be selected, fitted, used and maintained in accordance with the standards set out in CSA Standard CAN/CSA-Z94.4-11, Selection, Use, and Care of Respirators, as amended from time to time.

(3) If air is provided by means of a respiratory protective device, the air shall meet the standards set out in CSA Standard CAN/CSA-Z180.1-13, Compressed Breathing Air and Systems, as amended from time to time.

45. The portion of section 8.10 of the French version of the Regulations before paragraph (a) is replaced by the following:

8.10 Lorsque, dans un lieu de travail, il y a risque de blessures à la peau ou de maladies transmises à la peau, par contact avec celle-ci ou à travers elle, l’employeur fournit à toute personne à qui il permet l’accès au lieu de travail :

46. The Regulations are amended by adding the following after section 8.11:

PROTECTION AGAINST MOVING VEHICLES

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

47. Subsection 8.12(1) of the Regulations is replaced by the following:

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

48. The Regulations are amended by adding the following after section 9.1:

INSTRUCTIONS AND TRAINING

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

49. Section 9.4 of the Regulations is repealed.

50. Subparagraph 10.2(b)(i) of the English version of the Regulations is replaced by the following:

51. Section 10.3 of the Regulations is replaced by the following:

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

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

52. Section 10.6 of the Regulations is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

  • (c) operate automatically if the operator is incapacitated.

53. Section 10.7 of the Regulations is replaced by the following:

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

54. Section 10.8 of the Regulations is renumbered as subsection 10.8(1) and is amended by adding the following:

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

55. The heading before section 10.9 of the Regulations is replaced by the following:

Self-propelled Rolling Stock Used to Transport Passengers

56. The Regulations are amended by adding the following after section 10.9:

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

57. Subsection 10.12(1) of the Regulations is replaced by the following:

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

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

58. Section 10.18 of the Regulations is replaced by the following:

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

59. Subsection 10.20(2) of the Regulations is replaced by the following:

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

  • (a) the distribution of light is not reduced;
  • (b) there is no obstruction or encroachment of exits, corridors or other passageways;
  • (c) the safe operation of the rolling stock is not impeded;
  • (d) the ready access to or operation of portable fire fighting equipment is not interfered with;
  • (e) the operation of fixed fire fighting equipment is not interfered with; and
  • (f) there is no hazard to the health or safety of any employee.

60. Section 11.2 of the Regulations is replaced by the following:

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

61. (1) Section 11.3 of the Regulations is renumbered as subsection 11.3(1) and the portion before paragraph (a) is replaced by the following:

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

(2) Paragraph 11.3(1)(c) of the Regulations is replaced by the following:

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

(3) Section 11.3 of the Regulations is amended by adding the following after subsection (1):

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

  • (a) the investigation shall be carried out by obtaining from that police authority a copy of its report respecting the accident; and
  • (b) as soon as practicable after receipt of the report, the employer shall provide a copy of the report to the work place committee or the health and safety representative.

62. The portion of section 11.4 of the Regulations before paragraph (a) is replaced by the following:

11.4 An employer shall report the date, time, location and nature of any accident, occupational disease or other hazardous occurrence referred to in subsection 11.3(1) by telephone to a health and safety officer at the national office as soon as practicable but not later than 24 hours after becoming aware of the occurrence, if the occurrence results in

63. Section 11.7 of the Regulations is replaced by the following:

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

  • (a) the death of an employee;
  • (b) a disabling injury to an employee;
  • (c) an electric shock, toxic atmosphere or oxygen deficient atmosphere that caused an employee to lose consciousness;
  • (d) the implementation of rescue, revival or other similar emergency procedures;
  • (e) a fire or an explosion.

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

  • (a) without delay, to the work place committee or the health and safety representative; and
  • (b) within 14 days after the hazardous occurrence, to a health and safety officer at the national office.

11.7.1 If an accident referred to in subsection 11.3(2) results in a circumstance referred to in subsection 11.7(1), the employer shall, within 14 days after the receipt of the police report respecting the accident, submit a copy of that report to a health and safety officer at the national office.

64. Section 11.8 of the Regulations is replaced by the following:

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

65. Section 11.9 of the Regulations is replaced by the following:

11.9 The employer shall keep a copy of

  • (a) each report submitted under section 11.7.1 or 11.8 for a period of 10 years after the day on which the report is submitted to a health and safety officer or the Minister; and
  • (b) the record or report referred to in section 11.5 or subsection 11.6(1) or 11.7(1) for a period of 10 years after the day on which the hazardous occurrence occurred.

66. Schedule I to Part XI of the Regulations is replaced by the following:

SCHEDULE I
(Section 11.7)

HAZARDOUS OCCURRENCE INVESTIGATION REPORT

1. TYPE OF OCCURRENCE

Check box Death

Check box Loss of consciousness

Check box Disabling injury

Check box Fire or explosion

Check box Rescue, revival or other similar emergency procedures

2. Employer’s name and mailing address

Postal code

 

Telephone number

Site of hazardous occurrence

Date and time of hazardous occurrence

 

Weather

Witnesses

Supervisor’s name

3. Description of what happened

Brief description and estimated cost of property damage

4. Injured employee’s name (if applicable)

Age

Occupation

Years of experience in occupation

Description of injury

Sex

Direct cause of injury

Was training in accident prevention given to the injured employee in relation to duties performed at the time of the hazardous occurrence?

Check box Yes

Check box No

Specify

5. Direct causes of hazardous occurrence

6. Corrective measures and date employer will implement

Reasons for not taking corrective measures

Supplementary preventive measures

7. Name of person investigating

Signature

Date

Title

Telephone number

8.Work place committee’s or health and safety representative’s comments

Work place committee member’s or health and safety representative’s name

Signature

Date

Title

Telephone number

67. Schedule II to Part XI of the Regulations is repealed.

68. Part XII of the Regulations is replaced by the following:

PART XII

FIRST AID

INTERPRETATION

12.1 The following definitions apply in this Part.

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

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

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

FIRST AID STATIONS

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

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

COMMUNICATION OF INFORMATION

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

  • (a) a description of the first aid to be rendered for any injury, illness or occupational disease;
  • (b) the location of first aid stations;
  • (c) near the telephones, an up-to-date list of emergency telephone numbers; and
  • (d) transport procedures for employees who have an injury, illness or occupational disease.

FIRST AID SUPPLIES AND EQUIPMENT

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

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

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

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

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

EMERGENCY TRANSPORTATION

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

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

TRAINING

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

  • (a) the provision of basic first aid and the employee’s role and obligations in relation to basic first aid;
  • (b) emergency scene management, including anti-contamination procedures;
  • (c) cardiopulmonary resuscitation;
  • (d) medical emergencies;
  • (e) shock and unconsciousness; and
  • (f) wounds and bleeding.

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

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

RECORDS

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

  • (a) enter the following information in a first aid record:
    • (i) the date and time that the injury, illness or occupational disease is reported,
    • (ii) the full name of the employee who received first aid,
    • (iii) the date on which, and the time and location at which, the first aid was rendered,
    • (iv) a brief description of the injury, illness or occupational disease,
    • (v) a brief description of the first aid rendered,
    • (vi) a brief description of the arrangements made for the treatment or transportation of the employee who received first aid, and
    • (vii) the names of witnesses, if applicable;
  • (b) sign the first aid record beneath the information entered; and
  • (c) store the first aid record in the first aid kit.

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

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

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

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

SCHEDULE
(Section 12.4)

FIRST AID SUPPLIES AND EQUIPMENT

Item

Column I

Supplies and Equipment

Column II

Quantity

1.

Antiseptic — wound solution, 60 ml or antiseptic swabs (10 pack)

1

2.

Applicator for antiseptic — disposable (10 pack) (not needed if antiseptic swabs provided)

1

3.

Bag — disposable, emesis

1

4.

Bandages — adhesive strips (12 pack)

1

5.

Bandages — gauze 2.5 cm × 4.5 m

2

6.

Bandages — 100 cm × 100 cm × 140 cm triangular — and 2 pins

2

7.

Emergency blanket — pocket size or conventional type

1

8.

First aid record (section 12.8)

1

9.

First aid kit container

1

10.

Dressing: compress, sterile, 7.5 cm × 12 cm

1

11.

Dressings: gauze, sterile 7.5 cm × 7.5 m

4

12.

Forceps: splinter

1

13.

Gloves: disposable

4

14.

First aid manual — English — current edition

1

15.

First aid manual — French — current edition

1

16.

Pad with shield or tape for eye

1

17.

Safety pins (card of 10)

1

18.

Scissors

1

19.

Tape — adhesive, surgical 2.5 cm × 4.6 m

1

20.

Mouth-to-mouth resuscitation mask with one-way valve

1

69. Sections 13.1 to 13.3 of the Regulations are replaced by the following:

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

FIRE EXTINGUISHERS

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

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

  • (a) complies with the NFPA standard; and
  • (b) has a rating of not less than 40-B:C if it is located in a locomotive and of not less than 2-A:30-B:C if it is located in any other work place.

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

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

(b) mounted in brackets that are designed to ensure that its functioning is not impaired by vibration, jolting or uneven movement; and

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

70. Sections 13.5 and 13.6 of the Regulations are replaced by the following:

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

71. The portion of subsection 13.7(1) of the Regulations before paragraph (b) is replaced by the following:

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

  • (a) if any person commits or threatens to commit an act that is likely to be hazardous to the health or safety of the employer or any employees;

72. The Regulations are amended by adding the following after section 13.9:

PART XIV

HAZARD PREVENTION PROGRAM

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

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

PART XV

VIOLENCE PREVENTION IN THE WORK PLACE

15. Despite section 1.4 of the Canada Occupational Health and Safety Regulations, Part XX of those Regulations applies in respect of employees on trains while in operation and in respect of all persons granted access to such trains by the employer.

73. The Regulations are amended by replacing “safety and health” and “safety or health” with “health and safety” and “health or safety”, respectively, in the following provisions:

  • (a) subsection 5.2(1);
  • (b) paragraph 7.20(1)(b);
  • (c) section 8.2;
  • (d) section 8.11; and
  • (e) paragraph 10.2(a) and subparagraph 10.2(b)(ii).

74. The French version of the Regulations is amended by replacing “hasardeuse” and “hasardeuses” with “dangereuse” and “dangereuses”, respectively, in the following provisions:

  • (a) paragraph 6.29(a);
  • (b) the heading of Part VII;
  • (c) the definitions “fournisseur”, “identificateur du produit” and “renseignements sur les dangers” in section 7.1;
  • (d) paragraphs 7.3(2)(a) and (b);
  • (e) section 7.6;
  • (f) the portion of section 7.7 before paragraph (b);
  • (g) section 7.8;
  • (h) section 7.10;
  • (i) the portion of section 7.15 before paragraph (b) and paragraph 7.15(c);
  • (j) the portion of paragraph 7.16(2)(a) before subparagraph (iii), subparagraph 7.16(2)(c)(ii) and paragraphs 7.16(3)(b) and (c);
  • (k) subparagraph 7.18(1)(b)(i);
  • (l) the portion of subsection 7.19(2) before paragraph (a);
  • (m) paragraph 7.20(1)(b);
  • (n) the heading of Division II of Part VII;
  • (o) the portion of section 7.24 before paragraph (a) and paragraph 7.24(b);
  • (p) the portion of section 7.25 before paragraph (a);
  • (q) the portion of section 10.2 before paragraph (a);
  • (r) paragraph 13.7(1)(b); and
  • (s) section 13.8.

COMING INTO FORCE

75. These Regulations come into force 90 days after the day on which they are registered.

[15-1-o]