Vol. 149, No. 1 — January 14, 2015

Registration

SOR/2015-1 January 5, 2015

OFFSHORE HEALTH AND SAFETY ACT

Canada – Newfoundland and Labrador Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations

CANADA – NEWFOUNDLAND AND LABRADOR OFFSHORE MARINE INSTALLATIONS AND STRUCTURES OCCUPATIONAL HEALTH AND SAFETY TRANSITIONAL REGULATIONS

PART 1

GENERAL

INTERPRETATION

1. The following definitions apply in these Regulations.

“Act” means Part III.1 of the Canada-Newfoundland Atlantic Accord Implementation Act; (Loi)

“advanced first aid certificate” means the certificate issued by an approved organization for the successful completion of a first aid course of at least five days’ duration, other than a mariners’ first aid course. (certificat de secourisme avancé)

“ANSI” means the American National Standards Institute. (ANSI)

“API” means the American Petroleum Institute. (API)

“approved organization” means St. John Ambulance, the Canadian Red Cross Society or the Workers’ Compensation Board of British Columbia. (organisme approuvé)

“ASME” means the American Society of Mechanical Engineers. (ASME)

“basket” means a personnel transfer basket. (nacelle)

“Canadian Electrical Code” means CSA Standard C22.1-2012 Canadian Electrical Code, Part I, published in 2012. (Code canadien de l’électricité)

“CCBFC” means the Canadian Commission on Building and Fire Codes. (CCCBPI)

“committee” has the same meaning as subsection 205.001(1) of the Canada-Newfoundland Atlantic Accord Implementation Act; (comité)

“CPR course” means a training course in cardiopulmonary resuscitation based on the publication of the Journal of the American Medical Association entitled Standards and Guidelines for Cardiopulmonary Resuscitation and Emergency Cardiac Care, dated 2001, as reprinted by the American Heart Association. (cours RCR)

“CSA” means the Canadian Standards Association. (CSA)

“drill floor” means, in respect of a drilling rig or drilling unit, the stable platform surrounding the slip setting area that provides support for employees during drilling operations. (plancher de forage)

“drilling rig” means the plant and associated support equipment used to make a hole or well by boring or other means for geophysical, exploration or production purposes. (appareil de forage)

“drilling unit” means a drillship, submersible, semi-submersible, barge, jack-up or other vessel used in drilling and includes a drilling rig and other related facilities. (unité de forage)

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

“elevating device” means an escalator, elevator, basket or other device for moving passengers or freight. (appareil de levage)

“emergency first aid certificate” means the certificate issued by an approved organization for the successful completion of a first aid course of at least one day’s duration. (certificat de secourisme d’urgence)

“environmental conditions” means meteorological, oceanographical and other natural conditions, including ice conditions, that may affect the operations of a workplace. (conditions environnementales)

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

“first aid attendant” means a medic or a qualified person who is a holder of an emergency first aid certificate, a standard first aid certificate, a mariner’s first aid certificate or an advanced first aid certificate or of a registered nurse’s certificate recognized under the laws of a province. (secouriste)

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

“high voltage” means a voltage of more than 750 V between any two conductors or between a conductor and ground. (haute tension)

“hot work” means welding, burning, rivetting, drilling, grinding, chipping or any other work where a flame is used or sparks are produced. (travail à chaud)

“living accommodation” means living, eating or sleeping quarters provided by an employer for the accommodation of employees at a workplace. (unité de logement)

“locked out” means, in respect of any equipment, machine or device, that the equipment, machine or device has been rendered inoperative and cannot be operated or energized without the consent of the person who rendered it inoperative. (verrouillé)

“mariner’s first aid certificate” means the certificate issued by an approved organization for the successful completion of a mariner’s first aid course of at least five days’ duration. (certificat de secourisme maritime)

“medic” means a qualified person who

“National Building Code of Canada” means the National Building Code of Canada, 2010, issued by the CCBFC, National Research Council of Canada, dated 2010. (Code national du bâtiment – Canada 2010)

“National Fire Code of Canada” means the National Fire Code of Canada, 2010, issued by the CCBFC, National Research Council of Canada, dated 2010. (Code national de prévention des incendies– Canada 2010)

“National Plumbing Code of Canada” means the National Plumbing Code of Canada, 2010, issued by the CCBFC, National Research Council of Canada, dated 2010. (Code national de la plomberie – Canada 2010)

“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)

“production facility” means the production, separating, treating and processing equipment and facilities necessary in production operations, including airstrips, helicopter landing areas and living accommodation. (plate-forme de production)

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

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

“standard first aid certificate” means the certificate issued by an approved organization for successful completion of a first aid course of at least two days’ duration. (certificat de secourisme général)

“support craft” means a vehicle, vessel, tug, ship, aircraft, air cushion vehicle, standby craft or other craft used to provide transport for or assistance to employees in a workplace. (véhicule de service)

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

APPLICATION

2. These Regulations apply in respect of employees working within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area.

RECORDS AND REPORTS

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

INCONSISTENT PROVISIONS

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

PART 2

BUILDING SAFETY

DOORS

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

FLOOR AND WALL OPENINGS

6. (1) The following definitions apply in this section.

“floor opening” means an opening measuring 300 mm or more in its smallest dimension in a floor, platform, pavement or yard. (ouverture dans un plancher)

“wall opening” means an opening at least 750 mm high and 300 mm wide in a wall or partition. (ouverture dans un mur)

(2) If an employee has access to a wall opening from which there is a drop of more than 1.2 m or to a floor opening, guardrails must be fitted around the wall opening or floor opening or the opening must be covered with material capable of supporting all loads that may be imposed on it.

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

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

(5) Subject to section 13, guardrails must be installed around the perimeter of every workplace, other than a helicopter deck, when there is a drop of more than 1 m from the workplace to an adjacent area.

OPEN-TOP BINS, HOPPERS, VATS AND PITS

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

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

LADDERS, STAIRWAYS AND RAMPS

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

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

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

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

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

(4) A fixed ladder must be

(5) Subsections (1) and (2) do not apply to a fixed ladder that is used with a fall protection system referred to in section 176.

DOCKS, RAMPS AND DOCK PLATES

11. (1) Every loading and unloading dock and ramp must be

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

GUARDRAILS

12. (1) Every guardrail must consist of

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

13. If it is not reasonably practicable to install guardrails as required by subsections 6(5) or 25(1) or paragraph 28(2)(c), cables or chains must be installed in a manner that will prevent employees from falling from the workplace.

TOE BOARDS

14. (1) Subject to subsection (2), if there is a hazard that tools or other objects may fall from a platform or other raised area onto an employee, the employer must, if reasonable practicable, install

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

HOUSEKEEPING AND MAINTENANCE

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

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

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

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

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

TEMPORARY HEAT

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

(2) If the heating device does not provide complete combustion of the fuel used in connection with it, the heating device must be equipped with a securely supported sheet metal pipe that discharges the products of combustion outside the enclosed workplace.

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

PART 3

TEMPORARY STRUCTURES AND EXCAVATIONS

INTERPRETATION

18. In this Part, “stage” means a working platform supported from above. (plate-forme suspendue)

APPLICATION

19. This Part applies to fixed and portable ladders, to stages and scaffolds and to temporary ramps and stairs.

GENERAL

20. An employee must not work on a temporary structure in environmental conditions that are likely to be hazardous to the health or safety of the employee, except when the work is required to remove a hazard or to rescue an employee.

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

22. An employee must not use a temporary structure unless

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

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

BARRICADES

24. If a vehicle or a pedestrian may come into contact with a temporary structure, a person must be positioned at the base of the temporary structure or a barricade must be installed around it to prevent any such contact.

GUARDRAILS AND TOE BOARDS

25. (1) Subject to section 13, at every open edge of a platform of a temporary structure guardrails must be installed and, subject to subsection 14(2), if there is a likelihood that persons beneath the platform may be injured by objects falling from the platform, toe boards must be installed.

(2) The guardrails and toe boards must meet the standards set out in section 12 and subsection 14(1).

TEMPORARY STAIRS, RAMPS AND PLATFORMS

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

(2) Temporary stairs must have

(3) Temporary ramps and platforms must be

SCAFFOLDS

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

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

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

(4) Every scaffold must

(5) The footings and supports of every scaffold must be capable of supporting, without dangerous settling, all loads that are likely to be imposed on them.

STAGES

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

(2) Every stage must

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

LADDERS

29. (1) Commercially manufactured portable ladders must meet the standards set out in CSA Standard Z11-12, Portable Ladders, the English version of which was published in 2012.

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

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

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

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

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

EXCAVATION

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

(2) If an excavation, trench or opening constitutes a hazard to employees, a barricade must be installed around it.

(3) If an employee is required to enter an excavation that is more than 1.4 m deep and the sides of which are sloped at an angle of 45° or more to the horizontal, or a tunnel,

must be supported by shoring and bracing that is installed as the excavation or tunnel is being excavated.

(4) Tools, machinery, timber, excavated materials or other objects must not be placed within 1 m from the edge of an excavation or opening.

SAFETY NETS

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

(2) The design, construction and installation of a safety net referred to in subsection (1) must meet the standards set out in ANSI Standard A10.11-1989, Safety Nets Used During Construction, Repair and Demolition Operations, published in 1998.

HOUSEKEEPING

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

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

PART 4

ELEVATING DEVICES

STANDARDS

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

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

PERSONNEL TRANSFER BASKETS

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

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

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

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

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

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

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

USE AND OPERATION

36. An elevating device must not be used or placed in service

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

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

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

INSPECTION AND TESTING

38. Every elevating device and every safety device attached to it must be inspected and tested by a qualified person to determine that the standards under these Regulations are met

39. (1) A record of each inspection and test made in accordance with section 38 must

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

REPAIR AND MAINTENANCE

40. Repair and maintenance of elevating devices and safety devices attached to them must be performed by a qualified person appointed by the employer.

PART 5

BOILERS AND PRESSURE VESSELS

INTERPRETATION

41. The following definitions apply in this Part.

“inspector” means a qualified person recognized under the laws of Canada or of a province as qualified to inspect boilers, pressure vessels or piping systems. (inspecteur)

“maximum allowable working pressure” means the maximum allowable working pressure set out in the record referred to in section 51. (pression de fonctionnement maximale autorisée)

“maximum temperature” means the maximum temperature set out in the record referred to in section 51. (température maximale)

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

APPLICATION

42. This Part does not apply to

CONSTRUCTION, TESTING AND INSTALLATION

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

USE, OPERATION, REPAIR, ALTERATION AND MAINTENANCE

44. A person must not use a boiler, pressure vessel or piping system unless it has been inspected by an inspector in accordance with sections 47 to 49.

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

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

INSPECTIONS

47. (1) Subject to section 48, every boiler, pressure vessel and piping system in use in a workplace must be inspected

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

48. (1) If a pressure vessel is used to store anhydrous ammonia, a hydrostatic test at a pressure equal to one and one-half times the maximum allowable working pressure must be conducted at least once every five years.

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

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

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

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

50. In addition to the requirements of sections 47 to 49, every boiler, pressure vessel and piping system in use at a workplace must be inspected by a qualified person as frequently as is necessary to ensure that the boiler, pressure vessel or piping system is safe for its intended use.

RECORDS

51. (1) A record of each inspection carried out under sections 44 and 47 to 50 must be completed by the inspector or qualified person who carried out the inspection and

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

PART 6

LEVELS OF LIGHTING

APPLICATION

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

GENERAL

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

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

MEASUREMENT OF AVERAGE LEVELS OF LIGHTING

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

MINIMUM AVERAGE LEVELS OF LIGHTING

55. The average level of lighting at a work position or in an area referred to in column 1 of an item of Schedule 1 must be not less than the average level set out in column 2 of that item.

EMERGENCY LIGHTING SYSTEMS

56. (1) If a failure in the lighting system in an area through which an employee passes in carrying out emergency procedures referred to in subsection 293(1) will cause the level of lighting to be reduced to less than 3 dalx, an emergency lighting system must be installed in the area.

(2) The emergency lighting system must

MINIMUM LEVELS OF LIGHTING

57. The level of lighting at any place at a work position or in an area must be not less than one third of the average level of lighting prescribed by this Part for the work position or area.

PART 7

LEVELS OF SOUND

INTERPRETATION

58. In this Part, “sound level meter” means an instrument for measuring levels of sound and impulse sound that meets the standards set out in ANSI Standard SI.4-1983, American National Standard Specification for Sound Level Meters, published in 2006, and is referred to in that Standard as type 0, 1 or 2. (sonomètre)

LEVELS OF SOUND

59. (1) Subject to subsections (2) and (3) and sections 60 and 61, the level of sound in a workplace must be less than 85 dB.

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

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

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

61. If the level of impulse sound in a workplace exceeds 140 dB, the employer must provide every employee entering the workplace with a hearing protector that

SOUND LEVEL MEASUREMENT

62. The levels of sound referred to in sections 59 and 60 must be measured by using the slow exponential-time-averaging characteristic and the A-weighting characteristic of a sound level meter.

63. The level of impulse sound referred to in section 61 must be measured by using the impulse exponential-time-averaging characteristic of a sound level meter.

WARNING SIGNS

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

PART 8

ELECTRICAL SAFETY

INTERPRETATION

65. In this Part,“control device” means a device that will safely disconnect electrical equipment from its source of energy. (dispositif de commande)

SAFETY PROCEDURES

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

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

67. (1) If electrical equipment is live or may become live, an employee must not work on the equipment unless

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

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

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

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

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

69. A legible sign with the words “DANGER — HIGH VOLTAGE” and “DANGER — HAUTE TENSION” in letters that are not less than 50 mm in height on a contrasting background or a symbol conveying the same meaning must be posted in a conspicuous place at every approach to live high voltage electrical equipment.

SAFETY WATCHER

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

(2) Safety watchers must be

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

COORDINATION OF WORK

71. If an employee or another person, including every safety watcher, is working on or in connection with electrical equipment, the employee or other person must be fully informed by the employer with respect to the safe coordination of their work.

ISOLATION OF ELECTRICAL EQUIPMENT

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

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

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

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

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

CONTROL DEVICES, SWITCHES, CORDS AND CABLES

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

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

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

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

74. (1) All electrical equipment within a hazardous location as defined in the Canadian Electrical Code must be constructed, certified and marked as suitable for the conditions in that location.

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

DEFECTIVE ELECTRICAL EQUIPMENT

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

ELECTRICAL FUSES

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

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

POWER SUPPLY CABLES

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

(2) A three-wire power supply cable on electrical equipment or on an electrical appliance must not be altered or changed for the purpose of using the equipment or appliance on a two-wire power supply.

GROUNDED ELECTRICAL EQUIPMENT

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

PART 9

SANITATION

INTERPRETATION

79. The following definitions apply in this Part.

“ARI” means the Air-Conditioning and Refrigeration Institute of the United States. (ARI)

“change room” means a room that is used by employees to change from their street clothes to their work clothes and from their work clothes to their street clothes, and includes a locker room. (vestiaire)

“personal service room” means a change room, toilet room, shower room, living accommodation or a combination of them. (local réservé aux soins personnels)

GENERAL

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

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

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

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

83. Every plumbing system that supplies potable water and removes water-borne waste must be installed and maintained by a qualified person.

84. (1) Each enclosed part of a workplace, each personal service room and each food preparation area must be constructed, equipped and maintained in a manner that prevents the entrance of vermin.

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

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

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

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

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

TOILET ROOMS

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

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

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

89. (1) Every toilet room must be so designed that

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

90. Toilet paper must be provided at each toilet.

91. A covered container for the disposal of sanitary napkins must be provided in each toilet room provided for the use of female employees.

WASH BASINS

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

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

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

(4) For the purposes of subsection (3), the minimum capacity of a wash basin must be determined by reference to the applicable municipal by-laws or provincial regulations or, if there are no such by-laws or regulations, by reference to the National Plumbing Code of Canada, 2010.

93. All wash basins and industrial wash troughs and circular wash basins referred to in section 92 must be supplied with hot and cold water.

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

95. In every personal service room that contains a wash basin or an industrial wash trough or circular wash basin, the employer must provide

SHOWERS AND SHOWER ROOMS

96. (1) A shower room with at least one shower head for every 10 employees or portion of that number must be provided for employees who regularly perform strenuous physical work in a high temperature or high humidity or whose bodies may be contaminated by a hazardous substance.

(2) Every shower stall must be constructed and arranged in such a way that water cannot leak through the walls or floors.

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

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

POTABLE WATER

97. Every employer must provide potable water for drinking, personal washing and food preparation that meets the standards set out in the Guidelines for Canadian Drinking Water Quality, published in 2012 under the authority of the Minister of Health.

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

99. If a storage container for drinking water is used,

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

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

102. If drinking water is supplied by a drinking fountain, the fountain must meet the standards set out in ARI Standard 1010-2002, Self-Contained, Mechanically-Refrigerated Drinking-Water Coolers, published in 2002.

LIVING ACCOMMODATION

103. All living accommodation must meet the following standards:

SLEEPING QUARTERS

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

(2) Sufficient individual sleeping quarters in a field accommodation are provided such that the maximum number of employees sleeping in one room is not more than

PREPARATION, HANDLING, STORAGE AND SERVING OF FOOD

105. (1) Each food handler must be instructed and trained in food handling practices that prevent the contamination of food.

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

106. When food is served in a workplace, the employer must adopt and implement Section G of the Sanitation Code for Canada’s Foodservice Industry, published by the Canadian Restaurant and Foodservices Association, dated September 1984, other than items 2 and 11.

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

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

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

109. A person must not eat, prepare or store food

FOOD WASTE AND GARBAGE

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

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

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

111. Garbage containers must be

DINING AREAS

112. Every dining area provided by the employer must be

VENTILATION

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

CLOTHING STORAGE

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

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

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

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

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

PART 10

HAZARDOUS SUBSTANCES

INTERPRETATION

116. The following definitions apply in this Part.

“hazard information” means, in respect of a hazardous substance, information on the proper and safe storage, handling and use of the hazardous substance, including information relating to its toxicological properties. (renseignements sur les dangers)

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

“product identifier” means, in respect of a hazardous substance, the brand name, code name or code number specified by the supplier or employer or the chemical name, common name, generic name or trade name. (identificateur du produit)

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

APPLICATION

117. This Part does not apply to the transportation or handling of dangerous goods to which the Transportation of Dangerous Goods Act and regulations made under it apply.

DIVISION 1
GENERAL
Hazard Investigation

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

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

119. On completion of the investigation referred to in subsection 118(1) and after consultation with the committee or the coordinator, the qualified person must set out in a written report signed by the qualified person

120. The report referred to in section 119 must be kept by the employer at the workplace to which it applies for one year after the date on which the qualified person signed the report.

Substitution of Substances

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

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

Ventilation

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

Air Pressure

123. (1) Subject to subsection (2), if there is a likelihood that explosive or toxic vapours may enter an enclosed workplace or living accommodation, the air pressure in the workplace or living accommodation must, if reasonably practicable, be maintained positive in relation to the air pressure in the surrounding area.

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

Warnings

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

Storage, Handling and Use

125. Every hazardous substance stored, handled or used in a workplace must be stored, handled and used in a manner in which the hazard related to that substance is reduced to a minimum.

126. Subject to section 129, when a hazardous substance is stored, handled or used in a workplace, any hazard resulting from that storage, handling or use must be confined to as small an area as reasonably practicable.

127. (1) Every container for a hazardous substance that is used in a workplace must be so designed and constructed that it protects the employees from any health or safety hazard that is created by the hazardous substance.

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

128. The quantity of a hazardous substance used or processed in a workplace must, as far as reasonably practicable, be kept to a minimum.

129. If a hazardous substance is capable of combining with another substance to form an ignitable combination and a hazard of ignition of the combination by static electricity exists, the standards set out in the United States National Fire Prevention Association publication NFPA 77, Recommended Practice on Static Electricity, published in 2007.

Warning of Hazardous Substances

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

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

Assembly of Pipes

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

Employee Education

132. (1) Every employer must, in consultation with the committee or the coordinator, develop and implement an employee education program with respect to hazard prevention and control at the workplace.

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

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

133. A written record of the employee education program referred to in subsection 132(1) must be kept by the employer readily available for examination by employees for as long as the employees

Medical Examinations

134. (1) If the report referred to in section 119 contains a recommendation for a medical examination, the employer may, regarding that recommendation, consult a physician who has specialized knowledge in respect of the hazardous substance in the workplace.

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

(3) If an employer consults a physician, the employer must keep a copy of the decision of the physician with the report referred to in section 119.

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

Control of Hazards

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

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

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

(4) The record must include

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

(2) If a source of ignition may ignite the concentration of an airborne chemical agent or combination of chemical agents in a workplace, that concentration must not exceed 10% of the lower explosive limit of the chemical agent or combination of chemical agents.

(3) Subsection (1) does not apply if

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

(2) When compressed air is used, its use must not result in a concentration of a hazardous substance in the atmosphere in excess of the value for the hazardous substance prescribed in subsection 135(1).

Explosives

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

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

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

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

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

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

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

Radiation-Emitting Devices

140. (1) When a device that is capable of producing and emitting energy in the form of electromagnetic waves or acoustical waves is used in a workplace, the employer must, if the device is referred to in subsection (2), adopt and implement the applicable safety code of the Health Canada’s Radiation Protection Bureau as specified in that subsection.

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

DIVISION 2
HAZARDOUS SUBSTANCES OTHER THAN CONTROLLED PRODUCTS
Identification

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

142. If a material safety data sheet pertaining to a hazardous substance, other than a controlled product, that is stored, handled or used in a workplace may be obtained from the supplier of the hazardous substance, the employer must

DIVISION 3
CONTROLLED PRODUCTS
Interpretation

143. The following definitions apply in this Division.

“bulk shipment” means a shipment of a controlled product that is contained, without intermediate containment or intermediate packaging, in

“fugitive emission” means a controlled product in gas, liquid or solid form that escapes from processing equipment, from control emission equipment or from a product. (émission fugitive)

“hazardous waste” means a controlled product that is intended solely for disposal or is sold for recycling or recovery. (résidu dangereux)

“manufactured article” means any article that is formed to a specific shape or design during manufacture, the intended use of which when in that form is dependent in whole or in part on its shape or design, and that, under normal conditions of use, will not release or otherwise cause a person to be exposed to a controlled product. (article manufacturé)

“readily available” means present in an appropriate place in a physical copy form that can be handled. (facilement accessible)

“risk phrase” means, in respect of a controlled product, a statement identifying a hazard that may arise from the use of or exposure to the controlled product. (mention de risque)

“sale” includes offer for sale, expose for sale and distribute. (vente)

“supplier label” means, in respect of a controlled product, a label prepared by a supplier under the Hazardous Products Act. (étiquette du fournisseur)

“supplier material safety data sheet” means, in respect of a controlled product, a material safety data sheet prepared by a supplier under the Hazardous Products Act. (fiche signalétique du fournisseur)

“workplace label” means, in respect of a controlled product, a label prepared by an employer under this Division. (étiquette du lieu de travail)

“workplace material safety data sheet” means, in respect of a controlled product, a material safety data sheet prepared by an employer under subsection 147(1) or (2). (fiche signalétique du lieu de travail)

Application

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

(2) This Division, other than section 157, does not apply in respect of hazardous waste.

Material Safety Data Sheets and Labels in Respect of Certain Controlled Products

145. Subject to section 156, every employer must adopt and implement the provisions of sections 141 and 142 in respect of a controlled product and may, in so doing, replace the name of the substance with the product identifier, when the controlled product is a controlled product that

Supplier Material Safety Data Sheets

146. (1) If a controlled product, other than a controlled product referred to in paragraph 145(c), is received by an employer, the employer must, at the time the controlled product is received in the workplace, obtain from the supplier of the controlled product a supplier material safety data sheet, unless the employer has in the employer’s possession a supplier material safety data sheet that

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

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

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

Workplace Material Safety Data Sheets

147. (1) Subject to section 156, if an employer produces a controlled product, other than a fugitive emission, in a workplace or imports into Canada a controlled product and brings it into a workplace, the employer must prepare a workplace material safety data sheet in respect of the controlled product that discloses the information required to be disclosed under subparagraphs 205.022(e)(i) to (iv) of the Act.

(2) Subject to section 156, if an employer receives a supplier material safety data sheet, the employer may prepare a workplace material safety data sheet to be used in the workplace in place of the supplier material safety data sheet if

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

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

(5) If the information required to be disclosed under this section is not available to the employer or not applicable to the controlled product, the employer must replace the information by the words “not available” or “not applicable”, as the case may be, in the English version and the words “non disponible” or “sans objet”, as the case may be, in the French version of the material safety data sheet.

Availability of Material Safety Data Sheets

148. (1) Subject to subsection (2), every employer, other than an employer referred to in subsection 146(4), must keep readily available for examination by employees and by the committeeor the coordinator, in any workplace in which an employee may handle or be exposed to a controlled product, a copy in English and in French of

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

Labels

149. (1) Subject to sections 151 to 153, each controlled product, other than a controlled product referred to in paragraph 145(c), in a workplace and each container in which such a controlled product is contained in a workplace must, if the controlled product or the container was received from a supplier,

(2) Subject to sections 151 to 153 and 156, when a controlled product, other than a controlled product referred to in paragraph 145(c), is received from a supplier and an employer places the controlled product in the workplace in a container other than the container in which it was received from the supplier, the employer must apply to the container a supplier label or a workplace label that discloses the information referred to in paragraphs 150(1)(a) to (c).

(3) Subject to sections 155 and 156, a person must not remove, deface, modify or alter the supplier label applied to

150. (1) Subject to section 152, if an employer produces a controlled product, other than a fugitive emission, in a workplace or imports into Canada a controlled product and brings it into a workplace, and the controlled product is not in a container, the employer must disclose the following information on a workplace label applied to the controlled product or on a sign posted in a conspicuous place in the workplace:

(2) Subject to sections 151 to 153, when an employer produces a controlled product, other than a fugitive emission, in a workplace, or imports into Canada a controlled product and brings it into a workplace, and places the controlled product in a container, the employer must apply to the container a workplace label that discloses the information referred to in paragraphs (1)(a) to (c).

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

Portable Containers

151. If an employer stores a controlled product in the workplace in a container that has applied to it a supplier label or a workplace label, a portable container filled from that container does not have to be labelled in accordance with section 149 or 150 if

Special Cases

152. An employer must, in a conspicuous place near a controlled product, post a sign in respect of the controlled product that discloses the product identifier if the controlled product is

Laboratories

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

Signs

154. The information disclosed on a sign referred to in subsection 150(1), section 152 or paragraph 157(b) must be of such a size that it is clearly legible to the employees in the workplace.

Replacing Labels

155. If, in a workplace, a label applied to a controlled product or a container of a controlled product becomes illegible or is removed from the controlled product or the container, the employer must replace the label with a workplace label that discloses the following information:

Exemptions from Disclosure

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

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

Hazardous Waste

157. If a controlled product in the workplace is hazardous waste, the employer must clearly identify it as hazardous waste by

Information Required in a Medical Emergency

158. For the purposes of subsection 205.023 of the Act, a medical professional is a registered nurse registered or licensed under the laws of a province or a medic.

PART 11

CONFINED SPACES

INTERPRETATION

159. In this Part, “confined space” means a storage tank, process vessel, ballast tank or other enclosure not designed or intended for human occupancy, except for the purpose of performing work,

GENERAL

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

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

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

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

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

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

161. If conditions in the confined space or the nature of the work to be performed in the confined space are such that subparagraph 160(1)(a)(i) and paragraphs 160(1)(c), (e) and (f) cannot be complied with, the following procedures apply:

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

HOT WORK OPERATIONS

163. (1) Hot work must not be performed in a confined space when an explosive or flammable hazardous substance may be present unless a qualified person has determined that the work can be safely performed in the confined space.

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

VENTILATION EQUIPMENT

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

(2) If an airborne hazardous substance or oxygen in the atmosphere in a confined space is maintained at the value, level or percentage prescribed in subsection 160(1) by the use of ventilation equipment, a person must not be granted access to the confined space unless

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

REPORTS AND PROCEDURES

165. The written report referred to in subsection 160(2) must be kept by the employer for one year after the date on which the qualified person signs the report.

166. When the employer establishes procedures or emergency procedures referred to in paragraph 160(2)(b) or (e), the employer must keep a copy of them at the employer’s place of business nearest to the workplace in which the confined space is located.

PART 12

PROTECTION EQUIPMENT

GENERAL

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

168. All protection equipment

169. All protection equipment provided by the employer must

PROTECTIVE HEADWEAR

170. If there is a hazard of head injury in a workplace, the employer must provide protective headwear that meets the standards set out in CSA Standard Z94.1-05, Industrial Protective Headwear — Performance, Selection, Care and Use, published in 2005.

PROTECTIVE FOOTWEAR

171. (1) If there is a hazard of a foot injury or electric shock through footwear in a workplace, protective footwear that meets the standards set out in CSA Standard Z195-09, Protective Footwear, published in 2009.

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

EYE AND FACE PROTECTION

172. If there is a hazard of injury to the eyes, face, ears or front of the neck of an employee in a workplace, the employer must provide eye or face protectors that meet the standards set out in CSA Standard Z94.3-07, Eye and Face Protectors, published in 2007.

RESPIRATORY PROTECTION

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

(2) A respiratory protective device referred to in subsection (1) must be selected, fitted, cared for, used and maintained in accordance with the standards set out in CSA Standard Z94.4-11, Selection, Use and Care of Respirators, published in 2011, excluding clauses 6.1.5, 10.3.3.1.2 and 10.3.3.4.2(c).

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

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

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

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

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

SKIN PROTECTION

175. If there is a hazard of injury or disease to or through the skin in a workplace, the employer must provide to every person granted access to the workplace

FALL-PROTECTION SYSTEMS

176. (1) The employer must provide a fall-protection system if a person, other than an employee who is installing or removing such a system in accordance with the instructions referred to in subsection (5), works from

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

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

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

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

EMERGENCY ESCAPE DEVICES

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

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

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

PROTECTION AGAINST DROWNING

178. (1) If, in a workplace, there is a hazard of drowning, the employer must provide every person granted access to the workplace with

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

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

LOOSE-FITTING CLOTHING

179. Loose-fitting clothing, long hair, dangling accessories, jewellery or other similar items that are likely to be hazardous to the health or safety of an employee in a workplace must not be worn unless they are so tied, covered or otherwise secured as to prevent the hazard.

PROTECTION FROM EXTREME TEMPERATURES

180. If there is a likelihood that exposure of an employee to extreme temperatures could result in the employee suffering from hypothermia or hyperthermia, protection equipment suitable to protect the employee from the hazard must be used.

PROTECTION AGAINST MOVING VEHICLES

181. If an employee is regularly exposed to a hazard resulting from contact with moving vehicles during their work, the employee must wear a high-visibility vest or other high-visibility clothing.

FIREFIGHTING EQUIPMENT

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

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

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

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

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

RECORDS

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

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

INSTRUCTIONS AND TRAINING

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

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

(3) Every person granted access to a workplace must be instructed in respect of the written emergency procedures referred to in paragraph 180(2)(d).

(4) The employer must

DEFECTIVE PROTECTION EQUIPMENT

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

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

PART 13

TOOLS AND MACHINERY

INTERPRETATION

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

DESIGN, CONSTRUCTION, OPERATION AND USE OF TOOLS

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

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

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

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

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

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

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

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

195. All chain saws used by employees must meet the standards set out in CSA Standard Z62.1-11, Chain Saws, published in 2011.

DEFECTIVE TOOLS AND MACHINES

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

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

INSTRUCTIONS AND TRAINING

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

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

GENERAL REQUIREMENTS FOR MACHINE GUARDS

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

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

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

USE, OPERATION, REPAIR AND MAINTENANCE OF MACHINE GUARDS

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

202. If a machine guard is installed on a machine, a person must not use or operate the machine unless the machine guard is in its proper position, except to permit the removal of an injured person.

203. (1) Subject to subsection (2), if it is necessary to remove a machine guard from a machine in order to perform repair or maintenance work on the machine, a person must not perform the repair or maintenance work unless the machine has been rendered inoperative.

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

ABRASIVE WHEELS

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

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

MECHANICAL POWER TRANSMISSION APPARATUS

206. Equipment used in the mechanical transmission of power must be guarded in accordance ANSI Standard ANSI B11 B15.1-2000, Safety Standard for Mechanical Power Transmission Apparatus, published in 2008.

PUNCH PRESSES

207. Punch presses must meet the standards set out in CSA Standard Z142-10, Code for the Power Press Operation: Health, Safety and Safeguarding Requirements, published in 2010.

PART 14

MATERIALS HANDLING

INTERPRETATION

208. The following definitions apply in this Part.

“materials handling area” means an area within which materials handling equipment may create a hazard to any person. (aire de manutention des matériaux)

“materials handling equipment” means equipment used to transport, lift, move or position materials, goods or things and includes mobile equipment but does not include an elevating device. (appareil de manutention des matériaux)

“operator” means an employee who operates materials handling equipment. (conducteur)

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

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

DIVISION I
DESIGN AND CONSTRUCTION
Standards

209. (1) The design and construction of drilling and production hoisting equipment must meet the standards set out in API Standard API SPEC 8A, Drilling and Production Hoisting Equipment, Thirteenth edition, published in 2001.

(2) The design and construction of offshore cranes must meet the standards set out in API Standard API Spec 2C, API Specification for Offshore Pedestal Mounted Cranes, Sixth Edition, published in 2004.

General

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

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

Protection from Falling Objects

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

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

212. If, during the loading or unloading of materials handling equipment, the load will pass over the operator’s position, the operator must not occupy the materials handling equipment unless it is equipped with a protective structure referred to in section 211.

Protection from Overturning

213. Guards must be installed on the deck of every drilling unit, production facility and elevated working area on which mobile equipment is used to prevent the equipment from falling over the sides of the deck or area.

Fuel Tanks

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

Protection from Environmental Conditions

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

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

Vibration

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

Controls

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

Fire Extinguishers

218. Mobile equipment that is used or operated for transporting or handling combustible or flammable substances must be equipped with a portable dry chemical fire extinguisher which must have not less than a 5B rating, as defined in the ULC Standard and be so located that it is readily accessible to the operator while the operator is in the operating position.

Means of Entering and Exiting

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

Lighting

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

Control Systems

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

222. Any mobile equipment that is normally used for transporting employees from place to place in a workplace must be equipped with a mechanical parking brake and a hydraulic or pneumatic braking system.

Warnings

223. Mobile equipment must be fitted with a horn or similar audible warning device having a distinctive sound that can be clearly heard above the noise of the equipment and any surrounding noise.

Seat Belts

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

Rear-View Mirror

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

Electric Materials Handling Equipment

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

Automatic Materials Handling Equipment

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

Conveyors

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

DIVISION II
MAINTENANCE, OPERATION AND USE
Inspection, Testing and Maintenance

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

(2) The instructions referred to in subsection (1) must, subject to section 231, specify the nature and frequency of inspections, tests and maintenance.

230. (1) Every inspection, test and maintenance of materials handling equipment must be performed by a qualified person.

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

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

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

231. (1) The operation, maintenance and inspection of all draw works and associated equipment must meet the standards set out in the following:

(2) The operation, maintenance and inspection of offshore cranes must meet the standards set out in API Standard API RP 2D, API Recommended Practice for Operation and Maintenance of Offshore Cranes, Sixth Edition, published in 2007.

Ropes, Slings and Chains

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

233. The employer must, with respect to the use and maintenance of any chain used by an employee, adopt and implement the code of practice set out in ASME Standard B30.26-2010, Rigging Hardware , published in 2010.

Training

234. (1) Every operator must be instructed and trained by the employer in the procedures to be followed for

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

Operation

235. An employer must not require an employee to operate materials handling equipment unless the employee is a qualified person.

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

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

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

237. (1) Every employer must establish a code of signals for the purposes of paragraph 236(1)(b) and must

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

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

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

Repairs

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

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

Transporting and Positioning Employees

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

Loading, Unloading and Maintenance

241. Materials, goods or things must not be picked up from or placed on any mobile equipment while the equipment is in motion unless the equipment is specifically designed for that purpose.

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

243. (1) Subject to subsection (2), repair, maintenance or cleaning work must not be performed on any materials handling equipment while the materials handling equipment is being operated.

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

Positioning the Load

244. If mobile equipment is travelling with a raised or suspended load, the operator must ensure that the load is carried as close to the ground, floor or deck as the situation permits and in any case the load must not be carried at a point above the centre of gravity of the loaded mobile equipment.

Tools

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

Housekeeping

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

Parking

247. Mobile equipment must not be parked in any place where it may interfere with the safe movement of persons, materials, goods or things.

Materials Handling Area

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

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

(3) If any person other than a person referred to in subsection (2) enters a materials handling area while operations are in progress, the employer must cause the operations in that area to be immediately discontinued and not resumed until that person has left the area.

Dumping

249. If mobile equipment designed for dumping is used to discharge a load that may cause the mobile equipment to tip, a bumping block must be used, or a signaller must give directions to the operator to prevent the mobile equipment from tipping.

Enclosed Workplace

250. Every enclosed workplace in which materials handling equipment powered by an internal combustion engine is used must be ventilated in such a manner that the carbon monoxide concentration in the atmosphere of the workplace does not exceed the value, level or percentage prescribed in section 135.

Fuelling

251. If materials handling equipment is fuelled in a workplace, the fuelling must be done in accordance with the instructions given by the employer under section229 in a place where the vapours from the fuel are readily dissipated.

Cranes

252. A person must not operate a crane under conditions that are likely to create a hazard to any person, ship, aircraft, vehicle, load or structure or to the stability of the crane.

253. (1) Every crane must

(2) All crane hooks must be equipped with safety catches.

(3) A person must not move a crane in the vicinity of a helicopter deck when a helicopter is landing or taking off.

254. (1) Tag lines must be used to control any swinging of a load that is being lifted by a crane except when the use of the lines may be hazardous to the safety of any person.

(2) Loads must not be left hanging by a crane above the deck of a drilling unit or production facility unless the crane operator is at the controls of the crane.

Safe Working Loads

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

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

Aisles and Corridors

256. At blind corners, mirrors must be installed that permit an operator to see a pedestrian, vehicle or mobile equipment approaching the blind corner.

Clearances

257. On any route that is frequently travelled by mobile equipment, the overhead and side clearances must be adequate to permit the mobile equipment and its load to be manoeuvred safely by an operator.

258. (1) Subject to subsection (2), materials handling equipment must not be operated in an area in which it may come into contact with an electrical cable, a pipeline, part of a structure or other hazard known to the employer, unless the operator and signaller, if any, have been

(2) If an employer is unable to determine with reasonable certainty the location of the hazard or the safety clearance referred to in subsection (1), every electrical cable must be de-energized and every pipeline containing a hazardous substance must be shut down and drained before any operation involving the use of materials handling equipment commences within the area.

DIVISION III
MANUAL HANDLING OF MATERIALS

259. If, because of the weight, size, shape, toxicity or other characteristic of materials, goods or things, the manual handling of the materials, goods or things may be hazardous to the health or safety of an employee, the employer must issue instructions that the materials, goods or things must, if reasonably practicable, not be handled manually.

260. If an employee is required to lift or carry a load in excess of 10 kg manually, the employee must be instructed and trained by the employer in a safe method of lifting and carrying that load.

DIVISION IV
STORAGE OF MATERIALS

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

(2) Materials, goods or things must not be stored or placed in a manner that may

PART 15

HAZARDOUS OCCURRENCE INVESTIGATION, RECORDING AND REPORTING

INTERPRETATION

262. The following definitions apply in this Part.

“disabling injury” means an employment injury or an occupational disease that

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

REPORT BY EMPLOYEE

263. If an employee becomes aware of an accident or other occurrence arising in the course of or in connection with the employee’s work that has caused injury to the employee or to any other person, the employee must without delay report the accident or other occurrence to the employer, orally or in writing.

INVESTIGATION

264. (1) If an employer is aware of an accident, occupational disease or other hazardous occurrence affecting any of the employer’s employees in the course of employment, the employer must, without delay,

(2) In addition to the investigation referred to in paragraph (1)(b), if the hazardous occurrence referred to in subsection (1) is an accident involving a ship or aircraft, the employer must investigate the accident by obtaining from the appropriate police or other investigating authority a copy of the report made by that authority in respect of the accident.

(3) As soon as reasonably practicable after receipt of the report referred to in subsection (2), the employer must provide a copy of it to the committee or the coordinator.

HAZARDOUS OCCURRENCE REPORT

265. (1) The employer must report, by the most rapid means of communication available to the employer, the date, time, location and nature of any accident, occupational disease or other hazardous occurrence referred to in section 264 to a health and safety officer and to the committee or the coordinator as soon as reasonably practicable but not later than 24 hours after becoming aware of the occurrence, when the occurrence resulted in one of the following circumstances:

(2) A written report of the accident, occupational disease or other hazardous occurrence referred to in subsection (1) must be submitted by the employer within 14 days after the occurrence to the health and safety officer and to the committee or the coordinator.

(3) The report referred to in subsection (2) must be in the form set out in Schedule 4 and contain the information required by the form.

266. If an investigation referred to in subsection 264(2) discloses that the accident resulted in a circumstance referred to in subsection 265(1), the employer must, within 14 days after the receipt of the report of the accident made by the police or other investigating authority, submit a copy of the report to the health and safety officer.

MINOR INJURY RECORD

267. (1) Every employer must keep a record of each minor injury of which the employer is aware that affected any of the employees in the course of employment.

(2) The record must contain

RETENTION OF REPORTS AND RECORDS

268. (1) Subject to subsection (2), every employer must keep a copy of each report and record referred to in this Part for one year after its submission to the health and safety officer, to the committee or the coordinator.

(2) Every record with respect to a circumstance referred to in paragraph 266(1)(f) must be kept by the employer for a period of five years after the hazardous occurrence.

PART 16

FIRST AID

INTERPRETATION

269. The following definitions apply in this Part.

“first aid station” means a place, other than a first aid room or medical clinic, in which first aid supplies or equipment are stored. (poste de secours)

“isolated workplace” means a workplace that is more than two hours’ travel time from a hospital or a medical clinic under normal travel conditions using the fastest available means of transportation. (lieu de travail isolé)

“medical clinic” means a medical consultation and treatment facility that is in the charge of a medic or a physician. (service de santé)

GENERAL

270. (1) Every employer must establish written instructions that provide for the prompt rendering of first aid to an employee for an injury, an occupational disease or an illness.

(2) A copy of the instructions must be kept by the employer readily available for examination by employees.

(3) Every employee, on sustaining an injury or becoming aware that the employee has contracted an occupational disease or an illness must, if reasonably practicable, report immediately for treatment to a first aid attendant.

PHYSICIANS AND FIRST AID ATTENDANTS

271. A physician who has specialized knowledge in the treatment of the health and safety problems that may be encountered in the oil and gas industry must be readily available at all times for medical consultation.

272. (1) If there are not more than five employees normally working in a workplace, other than an isolated workplace, a first aid attendant must be readily available at all times.

(2) At an isolated workplace in which not more than five employees are normally working, one of those employees must be a first aid attendant who holds at least a standard first aid certificate.

273. (1) At a workplace offshore in which the number of employees set out in column 1 of an item of Schedule 5 is normally working, that number must include the number of first aid attendants set out in Columns 2, 3 and 4 of that item.

(2) If a physician is available in a workplace, the requirements of subsections (1) and (2) respecting the presence of a medic do not apply.

274. (1) In addition to the requirements of section 273, if there are more than 30 employees and fewer than 61 employees normally working at an isolated workplace

(2) If a physician is available in an isolated workplace, the requirements of subsection (1) do not apply.

275. In addition to the requirements of sections 272 to 274, at a workplace in which any employee is working on live high-voltage electrical equipment, one of the employees must be a first aid attendant who has successfully completed a CPR course in the last 12 months.

276. A first aid attendant referred to in subsection 272(2), section 273 or paragraph 275(a) must not be assigned duties that will interfere with the prompt and adequate rendering of first aid and must

FIRST AID STATIONS

277. (1) At least one first aid station must be provided for every workplace and must

(2) Subsection (1) does not apply if a first aid room or a medical clinic that meets the requirements of paragraphs (1)(a) and (b) is provided by the employer.

POSTING OF INFORMATION

278. (1) Subject to subsection (2), an employer must post and keep posted in a conspicuous place accessible to every employee in each workplace

(2) At an isolated workplace or in a motor vehicle, the information referred to in subsection (1) must be provided and kept with the first aid kit.

FIRST AID SUPPLIES AND EQUIPMENT

279. (1) For each workplace at which the number of employees working at any time is the number set out in column 1 of an item of Schedule 6, a first aid kit that is of the type set out in column 2 of that item must be provided.

(2) For the purposes of subsection (1), a first aid kit of a type set out at the head of column 2, 3, 4, 5 or 6 of Schedule 7 must contain the first aid supplies and equipment set out in column 1 of an item of that Schedule in the applicable number set out opposite those supplies and equipment in column 2, 3, 4, 5 or 6 of that item.

280. (1) Subject to subsection (2), if a hazard for skin or eye injury from a hazardous substance exists in the workplace, shower facilities to wash the skin and eye wash facilities to irrigate the eyes must be provided for immediate use by employees.

(2) If it is not reasonably practicable to comply with subsection (1), portable equipment that may be used in place of the facilities referred to in subsection (1) must be provided.

FIRST AID ROOMS

281. (1) A first aid room must be provided

(2) Paragraph (1)(a) does not apply if a medical clinic or hospital at which medical treatment is provided without charge to employees is readily accessible.

282. Every first aid room provided in accordance with section 281 must be

TRANSPORTATION

283. Before assigning employees to a workplace, the employer must provide for that workplace

RECORDS

284. (1) If an injured or ill employee reports for treatment to a first aid attendant in accordance with subsection 270(3) or if a first aid attendant renders first aid to an employee, the first aid attendant must

(2) The employer must keep a first aid record containing information entered in accordance with subsection (1) for one year after the date of that entry.

PART 17

SAFE OCCUPANCY OF THE WORKPLACE

INTERPRETATION

285. In this Part, “emergency evacuation plan” means a written plan for use in an emergency, prepared in accordance with section 296.

FIRE PROTECTION

286. Every workplace must be so designed, constructed and arranged as to minimize, to the extent that is reasonably practicable, the risk of fire.

287. (1) Fire escapes, exits, stairways and any other means of evacuation at a workplace must be in serviceable condition and ready for use at all times.

(2) Exits to the exterior must be clearly identified by signs.

FIRE HAZARD AREAS

288. (1) A person must not, in a fire hazard area,

(2) When it is not reasonably practicable to avoid performing hot work in a fire hazard area, the employer must

289. Signs must be posted in conspicuous places at all entrances to a fire hazard area

ALARM SYSTEMS

290. Every workplace must be equipped with an alarm system that warns all employees when

EMERGENCY ELECTRICAL POWER

291. Every drilling rig, drilling unit and production facility must be equipped with an emergency electrical power supply sufficient to operate, for at least 18 consecutive hours,

292. If an emergency switchboard is provided, it must be independent of the main electrical power supply and must be located as near as reasonably to the emergency electrical power supply.

EMERGENCY PROCEDURES

293. (1) Every employer must prepare emergency procedures to be implemented

(2) If two or more employers are engaged in work at the same workplace, those employers must prepare common emergency procedures.

(3) A copy of the emergency procedures referred to in subsection (1) or (2) must be kept up to date and readily accessible to all employees at the workplace.

294. The emergency procedures referred to in section 293 must contain a full written description of the procedures to be followed by the employees, including

EMERGENCY EVACUATION PLAN

295. If the emergency procedures referred to in section 293 provide for the evacuation of employees from a workplace, an emergency evacuation plan must be prepared by the employer or employers.

296. The emergency evacuation plan must include

INSTRUCTIONS AND TRAINING

297. (1) Every employee must be instructed and trained in

(2) A record of all training provided to an employee in accordance with subsection (1) must be kept by the employer for as long as the employee remains in the employer’s employ.

EMERGENCY DRILLS

298. (1) A fire drill must be conducted at least once

(2) An evacuation drill must be conducted at least once

(3) In addition to the drills referred to in subsections (1) and (2), a fire drill and an evacuation drill must be conducted

(4) A blowout prevention drill must be conducted at least once each week that the blowout preventer is in use.

STANDBY CRAFT

299. For every drilling operation and production operation, the employer must provide a standby craft capable of safely evacuating all employees from the workplace.

CONDITION OF EMPLOYEES

300. An employee must not work when that employee’s ability to function is impaired as a result of fatigue, illness, alcohol, drugs or any other condition that may be hazardous to the health or safety of any employee at the workplace.

301. Section 300 does not apply in the event of an emergency at the workplace that may be hazardous to the health or safety of employees.

NOTICES AND RECORDS

302. (1) Notices must be posted at appropriate locations at a workplace setting out the emergency procedures to be followed and the escape routes to be used in the event of an emergency.

(2) Every employer must keep a record of all emergency drills and evacuation drills carried out by the employer’s employees for one year after the drill.

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

(4) A copy of the emergency procedures and emergency evacuation plan prepared for the workplace must be kept readily available for examination by employees.

(5) The employer must keep a daily record of each employee present at the workplace and of each person granted access to the workplace.

(6) The record referred to in subsection (5) must contain

(7) The record referred to in subsection (5) must be kept by the employer for two months after the date of the last daily entry made in it.

SCHEDULE 1
(Section 55)

AVERAGE LEVELS OF LIGHTING
Item Column 1


Work Position or Area
Column 2

Average Level in Dalx
1.
Office work:

(A) Work positions at which cartography, drafting, plan reading or other tasks requiring high visual precision are performed

80

(B) Work positions at which business machines are operated or continuous reading or writing visual tasks are performed

50

(C) Other areas

5

2.
Laboratories:

(A) Work positions at which instruments are read or hazardous substances are handled and when errors in such reading or handling may be hazardous to the health or safety of an employee

80

(B) Work positions at which close or prolonged attention is given to laboratory work

50

(C) Other areas

5

3.
Workshops and garages:

(A) Work positions at which fine or medium bench, machine or repair work is performed

50

(B) Work positions at which close or prolonged attention is given to laboratory work

30

(C) Other areas

5

4.
Process areas:

(A) Work positions in major control rooms or rooms with dial displays at which tasks essential to the control of equipment or machinery hazardous to the safety of employees are performed

80

(B) Work positions at which a hazardous substance is used, stored or handled

50

(C) Work positions at which gauges and meters that are not self-illuminating are located

5

(D) Other areas

2

5.
Loading platforms and warehouses:

(A) Work positions at which packages or goods are checked or sorted

15

(B) Work positions at which loading or unloading work is frequently performed

10

6.
Storage areas:

(A) Areas in which there is a high level of activity

5

(B) Other areas

2

7.
Derricks, drill floors and moon pools:

(A) Work positions at which there is a high level of activity

5

(B) Other areas

2

8.
Entrances, exits, elevators, corridors, aisles and stairways:

(A) Areas in which there is a high level of activity or where there is a high frequency of traffic

10

(B) Areas in which there is a moderate level of activity or where there is a moderate frequency of traffic

5

9.
First aid rooms:

(A) Work positions at which first aid is rendered or examinations are conducted or at which tasks essential to the health or safety of an employee are performed

80

(B) Other areas

20

10.
Food preparation areas:

(A) Work positions at which prolonged cutting or preparation tasks are performed

80

(B) Other areas

20

11.
Dining areas and recreation spaces:

(a) Areas used for serving food, for eating or for recreational activities

20

(b) Other areas

10

12.

Personal service rooms

20

13.

Boiler, engine, ballast control and generator rooms

20

14.

Rooms in which principal heating, ventilation or air conditioning equipment is installed

7

15.

Emergency shower facilities, emergency equipment locations and emergency evacuation areas

5

SCHEDULE 2
(Subsection 59(2))

MAXIMUM EXPOSURE TO LEVELS OF SOUND AT WORKPLACE
Item Column 1



Levels of Sound in dB
Column 2

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

SCHEDULE 3
(Subsection 67(4))

DISTANCES FROM LIVE ELECTRICAL PARTS
Item Column 1

Voltage Range of Part:
Part to Ground (V)
Column 2


Distance in Metres
Column 3


Distance in Metres
1. Over       425  to   12 000 3 0.9
2. Over  12 000  to   22 000 3 1.2
3. Over  22 000  to   50 000 3 1.5
4. Over  50 000  to   90 000 4.5 1.8
5. Over  90 000  to 120 000 4.5 2.1
6. Over 120 000 to 150 000 6 2.7
7. Over 150 000 to 250 000 6 3.3
8. Over 250 000 to 300 000 7.5 3.9
9. Over 300 000 to 350 000 7.5 4.5
10. Over 350 000 to 400 000 9 5.4

SCHEDULE 4
(Subsection 265(3))

HAZARDOUS OCCURRENCE INVESTIGATION REPORT

GRAPHIC IS NOT DISPLAYED.

SCHEDULE 5
(Subsection 273(1))

FIRST AID ATTENDANTS FOR OFFSHORE WORKPLACE
Item Column 1

Total No. of Employees
Column 2

No. of First Aid Attendants
Column 3

No. of Holders of Mariners’ First Aid Certificates Who Have Successfully Completed a CPR Course
Column 4


No. of Medics
1. 6 to 10 1 plus 1 for every 2 employees in excess of 6
2. 11 to 30 3 plus 1 for every 2 employees in excess of 10 1
3. 31 to 40 13 plus 1 for every 2 employees in excess of 30 1
4. 41 to 60 17 plus 1 for every 2 employees in excess of 40 2 plus 1 for every 10 employees in excess of 40
5. more than 60 27 plus 1 for every 2 employees in excess of 60 4 plus 1 for every 10 employees in excess of 60 1

SCHEDULE 6
(Subsection 279(1))

FIRST AID KITS
Item Column 1 Number of Employees Column 2 First Type of Aid Kit
1. 1 detached from the main party A
2. 2 to 5 B
3. 6 to 15 C
4. 16 to 60 D
5. more than 60 E

SCHEDULE 7
(Subsection 279(2))

CONTENTS OF FIRST AID KITS
      Type of First Aid Kit
      A B C D E
  Column 1 Column 2 3 4 5 6
Item Supplies and Equipment   Quantities per Type of First Aid Kit
1. Antiseptic — wound solution, 60 mL or antiseptic swabs (10-pack)   1 1 2 3 6
2. Applicator — disposable (10-pack) (not needed if antiseptic swabs used)   1 2 4 8
3. Bag — disposable, waterproof, emesis   1 2 2 4
4. Bandage — adhesive strips   6 12 100 200 400
5. Bandage — gauze, 2.5 cm 4.5 m (not needed if ties attached to dressings)   2 6 8 12
6. Bandage — triangular, 100 cm folded and 2 pins   1 2 4 6 8
7. Container — First Aid Kit   1 1 1 1 1
8. Dressing — compress, sterile, 7.5 cm 12 cm approx.   2 4 8 12
9. Dressing — gauze, sterile, 7.5 cm 7.5 cm approx.   2 4 8 12 18
10. Forceps — splinter   1 1 1 1
11. Manual — First Aid, English — current edition   1 1 1 1
12. Manual — First Aid, French — current edition   1 1 1 1
13. Pad with shield or tape for eye   1 1 1 2 4
14. Record — First Aid (section 284)   1 1 1 1 1
15. Scissors — 10 cm   1 1 1
16. Tape — adhesive, surgical 1.2 cm 4.6 m (not needed if ties attached to dressings)   1 1 2 3
17. Antipruritic lotion, 30 mL or swabs (10 packs)   1 1 1 2
18. Bandage — elastic, 7.5 cm 5 m   1 2
19. Blanket — emergency, pocket size   1
20. Dressing — burn, sterile, 10 cm 10 cm   1 1 1 2
21. Hand cleanser or cleansing towelettes, 1 pk.   1 1 1 1
22. Splint set with padding — assorted sizes   1 1 1

SCHEDULE 8
(Subparagraph 282(1)(f)(ii))

FIRST AID ROOM SUPPLIES AND EQUIPMENT
Item Column 1

Supplies and Equipment
Column 2

Quantity
1. Depressor — tongue (25-pack) 1
2. Alcohol — isopropyl (500 mL) 2
3. Antiseptic — wound solution (250 mL) 2
4. Bandage with applicator — tubular, finger size 1
5. Bandage — gauze, 10 cm 4.5 m 12
6. Bandage — triangular, 100 cm folded and 2 pins 12
7. Brush — scrub, nail 1
8. Stretcher — folding 1
9. Blanket — bed size 2
10. Basin — wash 2
11. Bedding — disposable, 2 sheets and 2 pillow cases 5
12. Gloves — disposable (100-pack) 1
13. Dressing — burn, sterile, 10 cm 10 cm 12
14. Dressing — compress with ties, sterile, 7.5 cm 7.5 cm 12
15. Dressing — field, sterile 5
16. Dressing — gauze squares, sterile, 5 cm 5 cm (2- pack) 50
17. Tray — instrument 1
18. Applicator, disposable (10-pack) 5
19. Waste receptacle — covered 1
20. Record — First Aid (section 284) 1
21. Tape — adhesive, surgical, 2.5 cm 4.6 m 1
22. Bag — hot water or hot pack 1
23. Bag — ice or cold pack 1
24. Soap — liquid, with dispenser 1
25. Towels, package or roll of disposable, with dispenser 1
26. Bottle with solution — eye irrigation, 200 mL 2
27. Cups, box of disposable, with dispenser 1
28. Thermometer, clinical 1
29. First Aid Kit Type B (emergency use) 1
30. First Aid Kit Type E 1
31. Bed — hospital type 1
32. Cervical collar 1
33. Thermometer, low reading hypothermia 1
34. Flashlight appropriate for environment of the workplace 1

EXPLANATORY NOTE

(This note is not part of the regulations.)

Proposal

The Canada – Newfoundland and Labrador Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations, the Canada – Newfoundland and Labrador Offshore Marine Installations and Structures Transitional Regulations, and the Canada – Newfoundland and Labrador Offshore Area Diving Operations Safety Transitional Regulations, were made pursuant to section 53 of the Offshore Health and Safety Act, and the Canada – Nova Scotia Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations, the Canada – Nova Scotia Offshore Marine Installations and Structures Transitional Regulations and the Canada – Nova Scotia Offshore Area Diving Operations Safety Transitional Regulations (hereafter collectively referred to as the “Transitional Regulations for the Offshore Areas”) were made pursuant to section 92 of the Offshore Health and Safety Act (the Act), which received royal assent on June 19, 2014.

The Transitional Regulations for the Offshore Areas come into force on December 31, 2014, the same day on which sections 46 to 83, 85 to 93, and sections 96 to 119 of the Act come into force. The Act required that, in order for them to be enforceable, the Transitional Regulations had to be tabled in both Houses of Parliament prior to the Act receiving royal assent. The Transitional Regulations were tabled in the House of Commons on June 6, 2014, and in the Senate on June 10, 2014.

Objective

The responsible development of Canada’s natural resources is a core element of the Government of Canada’s priority to create jobs, economic growth and long-term prosperity. The health and safety of workers in Canadian offshore oil and gas activities are integral to this priority.

The current occupational health and safety regulatory regime for the Atlantic offshore combines federal and provincial regulations, to ensure that all aspects of health and safety are covered and that workers are protected.

The Offshore Health and Safety Act introduces a new occupational health and safety (OHS) regime for the Atlantic offshore areas, to improve clarity of responsibilities and consistency of application. The Act requires the development of a comprehensive new federal occupational health and safety regulatory regime tailored specifically to the Atlantic offshore context, which will be reflected in provincial “mirror” regulations. As a new regime, the legislation can only be enforced once it has regulations in place. The application of the current federal-provincial regulations to the Atlantic offshore will expire upon the coming into force of the Act.

Therefore, the Transitional Regulations are required as an interim step until the new regulatory regime can be developed. The Act specifies that this process may take a maximum of five years to complete (i.e. by December 31, 2019). The Transitional Regulations for the Offshore Areas consolidate existing federal oil and gas-related occupational health and safety regulations currently found under the Canada-Newfoundland Atlantic Accord Implementation Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and the Canada Labour Code.

When the new regulations are ready, they will be brought forward for Governor in Council approval by the Minister of Natural Resources, according to the standard federal regulatory process, which includes public consultation and publication in the Canada Gazette.

Background

The federal government established joint management of offshore petroleum resources through an agreement with the provincial government of Newfoundland and Labrador (NL) and an agreement with the provincial government of Nova Scotia (NS). These two agreements, and their respective implementing statutes (the Canada-Newfoundland Atlantic Accord Implementation Act, and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, “the Accord Acts”), govern offshore oil and gas activities in each of the two areas. The Accord Acts are unique amongst federal laws in that they are mirrored, or replicated, in the respective provincial legislation of NL and of NS. The Accords Acts created two independent regulators responsible for regulating all activities in each area, on behalf of both the federal and provincial governments: the Canada-Newfoundland and Labrador Offshore Petroleum Board (CNLOPB) and the Canada-Nova Scotia Offshore Petroleum Board (CNSOPB).

The need to provide clear statutory authority with respect to occupational health and safety in the Atlantic offshore areas was identified following a workplace fatality in the Canada-Nova Scotia offshore area in 1998. The legal uncertainty surrounding which legislation applied or which regulator had jurisdiction led the governments of Canada, NL and NS to agree to place the authority for occupational health and safety within the Accord Acts and to have the offshore boards administer on behalf of both levels of government. The Offshore Health and Safety Act is the result of this agreement. In the interim (since 1999), worker safety in the offshore has been regulated by the CNSOPB and the CNLOPB through the inclusion of OHS requirements as conditions in every CNLOPB and CNSOPB work authorization.

The Act provides the CNSOPB and the CNLOPB with specific, concrete statutory authorities to administer OHS in each respective offshore area on behalf of both levels of government. The Act provides clear roles and responsibilities to the various participants in the offshore, creates new inspection and enforcement powers for offshore board officers, and it makes clear that its application extends to passengers in transit to and from offshore worksites. The Act also creates a new joint management governance model in which the Minister of Natural Resources and the respective provincial minister responsible for OHS are jointly responsible for the oversight of the OHS portion of their respective Accord Act.

The Offshore Health and Safety Act implements an OHS regime in each of the two Atlantic offshore areas: the Canada — Newfoundland and Labrador offshore area and the Canada — Nova Scotia offshore area. Given the joint federal-provincial management of the offshore petroleum resources in those areas, the Act clarifies roles and responsibilities and develops an enforceable, modern OHS regime tailored to the unique circumstances of the Atlantic offshore areas.

The Transitional Regulations for the Offshore Areas made under the Act will provide a suitable temporary regulatory framework for this regime, drawing from a combination of existing federal regulations found under the Canada-Newfoundland Atlantic Accord Implementation Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and the Canada Labour Code, including the Newfoundland Offshore Area Petroleum Geophysical Operations Regulations, the Nova Scotia Offshore Petroleum Installations Regulations, and the Oil and Gas Occupational Safety and Health Regulations, until a new regulatory framework tailored to the Atlantic offshore environment is in place. The Transitional Regulations contain operational details needed for the implementation and enforcement of the Act. For example, the Transitional Regulations prescribe requirements for occupational health and safety considerations ranging from building safety, equipment standards, and levels of lighting and sound, to the treatment of hazardous substances, materials handling, and first aid.

Implications

The Accord Acts in general and the new OHS regime are a tangible demonstration of the strong federal-provincial partnership that exists and the willingness to partner for the safe and responsible development of Canada’s Atlantic offshore resources. The development of offshore oil and gas resources is important to NL and NS as well as to the Canadian economy.

The Offshore Health and Safety Act will augment Canada’s already strong regime and enhance worker safety by providing clarity to individuals and firms on the roles and responsibilities for all those involved in Canada’s offshore oil and gas industry in the Atlantic Accord areas. The Transitional Regulations for the Offshore Areas will allow for the implementation and enforcement of the Act until the new regulatory framework is in place. The Transitional Regulations will be consistent with the current OHS obligations and standards applicable in the Atlantic offshore, and worker safety will continue to be maintained at a high level. The interim approach of using existing regulations to support the new legislation was considered more transparent and therefore preferable to the previous system of regulating by imposing terms and conditions on work authorizations.

There will be no additional costs involved with bringing the Transitional Regulations into force.

Consultation

Collaboration between the Government of Canada, and NL and NS to develop the Act was comprehensive, and took place over the course of more than 10 years. Multiple departments from each government were involved. The implicated federal departments were Natural Resources Canada, the Labour Program, Transport Canada and the Department of Justice. Both the federal and provincial governments also sought technical and operational advice from the CNSOPB and the CNLOPB.

In 2010, the federal and provincial governments also consulted with industry associations representing the offshore oil and gas industry (e.g. Canadian Association of Petroleum Producers), labour federations and labour unions, as well as all Aboriginal groups in NL and NS.

The development of the new regulatory framework for the offshore areas made under the Act will be conducted in partnership with the governments of NL and NS over the course of the next five years. The government partners involved in the development of the Act agreed that implementing a transitional regulatory framework in the interim until the new regulations are in place was the best way to begin the regulatory transition and ensure the introduction of the Act itself in a timely manner.

All stakeholders consulted on the development of the Act, as noted above, have been made aware that they will be consulted during the development of the new OHS regulatory framework.

Departmental contacts

For additional information, please contact

Natural Resources Canada
Samuel Millar
Executive Director
Frontier Lands Management Division
580 Booth Street
Ottawa, Ontario
K1A 0E4
Telephone: 613-992-3794
Email: Samuel.Millar@nrcan-rncan.gc.ca

Labour Program
Brenda Baxter
Director General
Workplace Directorate
165 Hôtel-de-Ville Street
Gatineau, Quebec
K1A 0J2
Telephone: 819-654-4410
Email: Brenda.Baxter@labour-travail.gc.ca