Canada Gazette, Part I, Volume 160, Number 24: Regulations Amending Certain Regulations Made Under the Canada Labour Code (Personal Protective Equipment and Other Preventive Measures)

June 13, 2026

Statutory authority
Canada Labour Code

Sponsoring departments
Department of Employment and Social Development
Department of Indigenous Services
Department of Natural Resources
Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Part II of the Canada Labour Code (the Code) and the five occupational health and safety (OHS) regulations made under that part specify requirements for personal protective equipment (PPE) and fall prevention. These requirements currently use confusing language, outdated terminology, and inconsistent naming conventions, which have led to regulatory inconsistencies across the federal OHS regulations. This inconsistency has made it more difficult for employers and employees to comply with OHS requirements, especially in workplaces where more than one set of OHS regulations may apply. Federal OHS requirements also differ from those of provinces and territories, and this variance can impact labour mobility by reducing flexibility for employers and employees operating or moving between federal, provincial, or territorial jurisdictions. For employers, this can mean purchasing new equipment because different jurisdictions require PPE that meets a different technical standard. For employees, this can also mean needing to get their PPE readjusted. Moreover, the current PPE provisions in the federal OHS regulations do not adequately accommodate the diversity of employees across federally regulated industries, and this puts workers at an increased risk of injury from poorly fitting PPE.

Background

Canada Labour Code

The Labour Program of Employment and Social Development Canada (the Labour Program) seeks to promote and sustain stable industrial relations and safe, fair, healthy, equitable and productive federally regulated workplaces. Approximately 8% of the Canadian workforce is employed in federal workplaces regulated under Part II of the Code. These workplaces include sectors such as air, rail, road, and marine transportation, pipelines, banking, telecommunications, broadcasting, postal and courier services, grain elevators, feed and seed mills, and uranium mining, as well as Crown corporations, First Nations band councils, Parliament, and the federal public administration.

The Labour Program is the regulator responsible for the Code and the regulations made under it. Employers have specific duties under Part II of the Code, which include protecting the health and safety of employees in each workplace they control and in every work activity under their authority. This includes ensuring that PPE is used when a hazard cannot be eliminated or reduced.

Technical standards in OHS regulations

Regulations developed under Part II of the Code can incorporate by reference technical standards, thereby making the requirements outlined within the standard become a part of the regulations. Technical standards are documents that establish uniform engineering or technical criteria, methods, processes, and practices to create consistency. By incorporating a technical standard by reference, regulations from many jurisdictions can be consistent. References within the regulations can either indicate one specific edition of a standard or can be ambulatory, indicating that the most recent version of the standard must be adhered to. Often, many of the older versions of the standards referenced are no longer available to purchase or acquire. The Labour Program has qualified individuals who participate in standards association technical committees for many standards that are referenced in the OHS regulations. This allows the Labour Program to provide feedback and to ensure the standard covers specific information when referenced in a regulation.

Organizations that develop technical standards exist worldwide. In Canada, technical standards are developed by several different organizations, including the Canadian General Standards Board (CGSB), the Underwriters’ Laboratories of Canada (UL), and CSA Group. The PPE provisions in the Canada Occupational Health and Safety Regulations (COHSR), the On Board Trains Occupational Health and Safety Regulations (OTOHSR), the Oil and Gas Occupational Safety and Health Regulations (OGOSHR), the Maritime Occupational Health and Safety Regulations (MOHSR), and the Aviation Occupational Health and Safety Regulations (AOHSR) have several standards incorporated by reference. Most of the technical standards referenced are developed by CSA Group, which hosts technical committees that are responsible for the development and maintenance of their published standards. These committees use a consensus-based process between membership made up of

• general interest members, including representatives from academic or scientific backgrounds;
• producer interest members, including representatives involved in manufacturing, retailing, or distribution;
• regulatory authorities, including representatives from regulators at any level of government; and
• user interest members, including representatives of consumer interests groups.

The standards developed by the technical committees are subject to review within five years from the date of publication.

PPE inconsistencies

Between 2008 and 2012, the Labour Program held a tripartite working group that reviewed Part XII — Protection Equipment and Other Preventive Measures — of the COHSR. Through this review, misalignment was identified between federal and provincial/territorial OHS requirements, notably with respect to fall-protection requirements and PPE standards, which are outdated in the federal OHS regulations. The COHSR were subsequently amended in 2019 to make all references to PPE standards ambulatory to ensure that they would remain up to date, requiring employers to adhere to the most recent editions. The amendments also aligned the standards incorporated by reference with those referenced by many of the other provinces and territories. The COHSR’s fall-protection provisions were also substantially amended to align with provincial and territorial fall-protection regulations by introducing new requirements, specifically the requirement to develop a fall-protection plan, to implement the use of fall hazard zones, and to follow a hierarchy of fall-protection systems. As a result of these changes, the five federal OHS regulations were no longer consistent as the amendments had only been made to the COHSR, especially with respect to the provisions for fall protection.

In 2022, in response to the global COVID-19 pandemic, the Labour Program made amendments to the respiratory protective equipment provisions within the PPE provisions of the five OHS regulations. Prior to the pandemic, the supply chain for equipment certified by the National Institute for Occupational Safety and Health (NIOSH) was stable. With the emergence of COVID-19 worldwide, however, vulnerabilities in the supply chain emerged, and this prompted Canada to adopt a more strategic approach to equipment certification. This proactive measure aimed to better secure the country’s access to essential equipment during future shortages. The initiative included updating references to technical standards pertaining to respiratory protective equipment and helped clarify employers’ obligations to protect their employees from airborne harmful substances, like viruses.

Among these amendments was an update to the COHSR and MOHSR’s definition of an oxygen-deficient atmosphere to change the threshold for an oxygen-deficient atmosphere to mean less than 19.5% of oxygen.^{footnote 1}

The amendments in the proposed regulations would align PPE requirements across the five federal OHS regulations and, as a result, simplify requirements for employers and employees, especially in situations where more than one set of regulations may apply. For example, at Canadian ports, there are instances when employers must follow two sets of OHS regulations when identifying PPE requirements as the employer must adhere to the COHSR for their longshoremen on the dock unloading a ship’s cargo, while also adhering to the MOHSR for their longshoremen aboard ship unloading the same cargo. As a result, employers have experienced challenges navigating overlapping rules — including the different PPE requirements currently in place across the regulations.

Proper fit of PPE

In 2022, CSA Group engaged in a literature review, jurisdictional scan, and survey of Canadian women and their experiences with all types of PPE such as hard hats, coveralls, high-visibility clothing, and gloves, which led to the publication of Canadian Women’s Experiences with Personal Protective Equipment in the Workplace. ^{footnote 2} The findings were presented at a Canadian Association of Administrators of Labour Legislation (CAALL) meeting in November 2023. The CSA Group’s survey gathered responses from 2 752 women and it was found that more than 80%^{footnote 2} of respondents reported issues with their PPE including improper fit, discomfort, or lack of availability.

The overall conclusions indicated that there is a lack of Canadian data on the body dimensions of the Canadian workforce, PPE provisions are not consistent across Canadian jurisdictions, PPE is not always designed to meet the needs of women, and employers are not always aware of available PPE that may better meet the needs of women.

The current PPE provisions in Part XII of the COHSR include language about PPE fit and functionality. Section 12.04 states that PPE “must be designed to protect the person from the hazard in question and must not in itself create a hazard”, and subparagraph 12.05(1)(b)(i) states that PPE must be “safely and properly fitted to each user by a qualified person in accordance with the manufacturer’s instructions”. This language requires employers to provide PPE that fits all their employees and requires the proper fit to be determined by a person with the training and experience necessary to assess the fit of PPE. Notably, this requirement does not specify that to achieve proper fit consideration must be given to diverse factors, such as body dimension. While the four other OHS regulations contain similar language stating that PPE must protect an individual from the intended hazard and not create a hazard itself, they do not currently require employers to ensure that PPE is properly fitted by a qualified person.

Red tape reduction

On July 9, 2025, the Government of Canada announced a Red Tape Review of regulations across federal departments and agencies with regulatory responsibilities, with the aim of lowering costs and building a stronger economy. Measures were identified, as part of this review, that would eliminate outdated or unnecessary regulations, reduce duplication and/or overlap with provincial/territorial rules, and/or simplify procedures.

OHS regulations were identified as an area where regulatory differences between jurisdictions could create unnecessary complexity and create barriers limiting the mobility of workers.

In an effort to reduce regulatory overlap, the federal government signed two key harmonization agreements, in 2019 and 2021 respectively, in partnership with the provinces and territories. This committed the federal government to help support the alignment of PPE technical standards across Canada and to remove barriers imposed by the different PPE requirements adopted under federal, provincial, and territorial jurisdictions. Together, the agreements sought to harmonize PPE technical standards for head protective equipment, foot protection, eye and face protective equipment, personal flotation devices, and fall-protection equipment. More details about the agreements are provided in the “Regulatory cooperation and alignment” section of this Regulatory Impact Analysis Statement.

Enforcement of OHS regulations

The Administrative Monetary Penalties (Canada Labour Code) Regulations (AMPs Regulations) made under Part IV (Administrative Monetary Penalties) of the Code provide for financial penalties where violations occur. The AMPs Regulations were brought into force on January 1, 2021, to promote compliance with requirements under Part II and Part III of the Code. The AMPs Regulations designate and classify violations of provisions under the Code and its regulations, making them subject to an administrative monetary penalty (AMP) in cases of non-compliance. Only designated violations can be subject to an AMP.

Designated occupational safety violations are listed under Schedule I of the AMPs Regulations. When amendments are made to the Code and its associated regulations, Schedule I of the AMPs Regulations may also have to be amended to reflect any changes made to provisions imposing obligations. Part II violations designated under Schedule I include

• contraventions of specified provisions of Part II of the Code and associated regulations; and
• contraventions of specified directions and orders.

The AMPs Regulations specify the method used to determine the amount of an AMP in each situation when issuing the notice of violation. The baseline penalty amount applicable to a violation depends on who is believed to have committed a violation and on the classification of the violation. For violations under Part II of the Code, each designated violation is classified as either type A, B, C, D, or E in order of increasing severity, according to the level of risk and/or the impact and significance of the violation as outlined in Table 1.

Table 1: Classification method for violations under Part II of the Code

Type	Part II
A	Related to administrative provisions.
B	Related to low-risk hazards that may result in a minor injury or illness that requires medical treatment but that do not result in disabling injuries.
C	Related to medium-risk hazards that may result in a serious injury or illness that prevents an employee from effectively performing their regular work duties.
D	Related to high-risk hazards that may result in serious injury or fatality.
E	Involves immediate life-threatening hazards or hazards known to cause latent occupational disease. These hazards give the employee little to no opportunity to avoid or minimize severe injury or death or occupational disease.

Objective

The objective of the proposed regulations is to protect the health and safety of workers in federally regulated workplaces by

• reducing confusion over which requirements must be followed in workplaces where more than one set of OHS regulations may apply;
• reducing confusion for fall protection by simplifying current language and aligning fall-protection requirements in the applicable OHS regulations;
• ensuring terminology used in the five OHS regulations aligns with the OHS terms used in provincial and territorial jurisdictions and industry;
• requiring employers to provide PPE that conforms to the most modern standards; and
• requiring that all employees are provided with the same level of protection for their PPE, regardless of their body dimensions.

Description

The proposed regulations would update the provisions related to PPE in

• Part I, VIII, XI, XII, and XVI of the COHSR;
• Part I, VIII, and XII of the OTOHSR;
• Part I, IX, XII, XIII, and XVIII of the OGOSHR;
• Part 1, 6, 7, 10, 13, 14, and 15 of the MOHSR; and
• Part 1, 3, and 6 of the AOHSR.

The proposed regulations would also update the AMPs Regulations by adding a designated violation and assigning a violation type (C-E) to new requirements, amending misaligned violation types to address inconsistency in the regulations, or repealing existing designations that would no longer be applicable following the implementation of the proposed regulations.

Ensuring proper fit of PPE

Depending on the regulation, language would be added to update an existing requirement, or a new provision would be introduced to add a requirement, to achieve properly fitting PPE.

COHSR

• The existing requirement that a qualified person must properly fit PPE to each user would be amended to specify that proper fit must consider important factors, such as body dimension.

OTOHSR, OGOSHR, MOHSR, and AOHSR

• A new requirement would be added that PPE must be safely and properly fitted to each user by a qualified person and consider important factors, such as body dimension.

Modern PPE standards

PPE technical standards would be updated to address inconsistencies in the federal OHS regulations and to align the regulations with those of the provinces and territories.

Protective headwear

OTOHSR

• CSA Standard Z94.1, Industrial protective headwear – Performance, selection, care, and use, would replace CSA Standard CAN/CSA-Z94.1-05, Industrial protective headwear – Performance, selection, care, and use, and would remain ambulatory.

OGOSHR

• CSA Standard Z94.1, Industrial protective headwear – Performance, selection, care, and use, would replace CSA Standard Z94.1-M1977, Industrial Protective Headwear, and would be made ambulatory.

MOHSR

• CSA Standard Z94.1, Industrial protective headwear – Performance, selection, care, and use, would replace CSA Standard CAN/CSA-Z94.1-05, Industrial protective headwear – Performance, selection, care, and use, and would remain ambulatory.

AOHSR

• CSA Standard Z94.1, Industrial protective headwear – Performance, selection, care, and use, would be added for the first time as an ambulatory reference.

Protective footwear

OTOHSR

• CSA Standard Z195, Protective footwear, would replace CSA Standard CAN/CSA-Z195-09, Protective Footwear, and would remain ambulatory.
• American Society for Testing and Materials F2413-05, Standard Specification for Performance Requirements for Foot Protection, would be replaced by ASTM International publication F2413, Standard Specification for Performance Requirements for Protective (Safety) Toe Cap Footwear, and would be made ambulatory.

OGOSHR

• CSA Standard Z195, Protective footwear, would replace CSA Standard Z195-M1984, Protective Footwear, and would be made ambulatory.

MOHSR

• CSA Standard Z195, Protective footwear, would replace CSA Standard CAN/CSA-Z195-02 (R2008), Protective Footwear, and would remain ambulatory.

AOHSR

• CSA Standard Z195, Protective footwear, would replace CSA Standard CAN/CSA-Z195-09, Protective Footwear, and would remain ambulatory.

Eye and face protection

OTOHSR

• CSA Standard Z94.3, Eye and face protectors, would replace CSA Standard CAN/CSA-Z94.3-07, Eye and Face Protectors, and would remain ambulatory.

OGOSHR

• CSA Standard Z94.3, Eye and face protectors, would replace CSA Standard Z94.3-M1982, Industrial Eye and Face Protectors, and would be made ambulatory.

MOHSR

• CSA Standard Z94.3, Eye and face protectors, would replace CSA Standard Z94.3-07, Eye and Face Protectors, and would remain ambulatory.

Personal flotation devices

COHSR

• ANSI/CAN/UL Standard 12402-4, Personal Flotation Devices — Part 4: Lifejackets, Performance Level 100 — Safety Requirements, would be added and would be made ambulatory.

OGOSHR

• 65-GP-11, Standard for: Personal Flotation Devices, dated October 1972, would be repealed.
• Canadian General Standards Board Standard CAN/CGSB-65.7-2007, Life Jackets, in its June 2007 version, would replace CAN2-65.7-M80, Life Jackets, Inherently Buoyant Type.
• ANSI/CAN/UL Standard 12402-4, Personal Flotation Devices — Part 4: Lifejackets, Performance Level 100 — Safety Requirements, would be added and would be made ambulatory.

MOHSR

• Canadian General Standards Board Standard CAN/CGSB-65.7-2007, Life Jackets, in its June 2007 version, would replace Canadian General Standards Board (CGSB) Standard CAN/CGSB-65.7-2007, Life Jackets.
• ANSI/CAN/UL Standard 12402-4, Personal Flotation Devices — Part 4: Lifejackets, Performance Level 100 — Safety Requirements, would be added and would be made ambulatory.
• Section 2.2 of the annex to IMO Resolution MSC.48(66), International Life-Saving Appliance (LSA) Code, and Regulation 2 of Part 1 of the annex to IMO Resolution MSC.81(70), Revised Recommendation on Testing of Life-Saving Appliances, would replace Regulation 2 of Part 1 to IMO Resolution MSC.81(70), adopted on December 11, 1998, Revised Recommendation on Testing of Life-Saving Appliances, and would be made ambulatory.

Policy committee, work place committee, or health and safety representative

A new provision would be added under existing PPE requirements to provide flexibility in the circumstances where the prescribed PPE may not be suitable for a given situation. The provision would specify that the employer may consult with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative to determine or select more appropriate PPE.

COHSR

• This provision would be added to the “Eye and Face Protection” section. It already exists for both the “Protective Headwear” and “Protective Footwear” sections.

OTOHSR, OGOSHR, MOHSR, and AOHSR

• This provision would be added to the “Protective Headwear,” “Protective Footwear,” and “Eye and Face Protection” sections.

Fall-protection modernization

In addition to updating PPE technical standards for fall-protection equipment, fall protection would be updated in the applicable regulations (the COHSR, OGOSHR, and MOHSR) by clarifying definitions, improving language; and, where the requirement hasn’t already been adopted, introducing the requirement to develop a fall-protection plan and use a hierarchy of fall-protection systems for fall prevention.

Definitions

Fall hazard zone: The definition (i.e. an area with a fall risk) would be repealed and combined with the definition of fall hazard zone system (i.e. an area protected against fall risk) to avoid repetition and improve clarity. The current definition of fall hazard zone is inconsistent with the language used in the regulations because the current regulations do not make a clear enough distinction between an area with a risk of falling and an area protected to prevent this risk.

Fall-restraint system: The definition would be updated to use clearer language, such as replacing the wording “unguarded edge” with “a risk of falling”.

COHSR

• The definition of fall hazard zone is repealed.
• The definition of fall hazard zone system is amended to mean a system that is designed to reduce the risk of persons inadvertently getting close to an edge from which there is a risk of falling and that consists of a demarcated and supervised fall hazard zone adjacent to that edge.
• The definition of fall-restraint system is changed to mean a collection of protective equipment that attaches a person to an anchorage and is designed and configured to prevent the person from getting close to an edge from which there is a risk of falling.

OGOSHR and MOHSR

• The amended definitions of fall hazard zone system and fall-restraint system proposed for the COHSR would be added.
• The definition of fall-arrest system (i.e. equipment attached to an anchorage to arrest a free fall) would be added.
• The definition of fall-protection system (i.e. a system to eliminate or reduce fall risk, to provide restraint against a fall, or to arrest a fall) would be added.
• The definition of passive fall-protection system (i.e. physical barriers to prevent falls) would be added.
• The definition of personal fall-protection system (i.e. fall-restraint system or fall-arrest system) would be added.

Fall-protection system

COHSR

• The requirement for employers to provide personal fall-protection equipment would be amended to specify that it applies only to those who are exposed to the risk of falling. The current provision is misleading because it could suggest that personal fall-protection equipment must be provided to every person in the workplace if there is a general risk of falling.
• The heading “Fall Protection” would be renamed to “Personal Fall-protection System” for accuracy and to align headings across the regulations.

OGOSHR and MOHSR

• New fall-protection requirements would be introduced, specifically the creation of a fall-protection plan, training for employees from a qualified person, a fall hazard zone system, and a hierarchy of controls to determine the type of fall-protection system for use.
• The requirement for the employer to train and instruct employees required to install or remove a fall-protection system on the procedures would be repealed. An explanation for this change can be found under the “Proposed changes to the AMPs Regulations” section.

COHSR, OGOSHR, and MOHSR

• The heading “Fall-protection Systems” would be renamed to “Fall-protection System” for accuracy.

Fall-protection technical standards

Depending on the regulation, PPE technical standards for fall-protection equipment would be either replaced or referenced for the first time. The titles of standards already incorporated by reference would also be changed to refer to their most recent editions.

OGOSHR

• CSA Standard Z259.1, Body belts and saddles for work positioning and travel restraint, would replace CSA Standard Z259.1-1976, Fall-Arresting Safety Belts and Lanyards for the Construction and Mining Industries and be made ambulatory.
• CSA Standard Z259.2-M1979, Fall-Arresting Devices, Personnel Lowering Devices and Life Lines, would be replaced with reference to the following CSA Group standards, which would be made ambulatory:
  • Z259.2.2, Self-retracting devices;
  • Z259.2.4, Fall arresters and vertical rigid rails; and
  • Z259.2.5, Fall arresters and vertical lifelines.
• CSA Standard Z259.3-M1978, Lineman’s Body Belt and Lineman’s Safety Strap, would be replaced with reference to the following CSA Group standards, which would be made ambulatory:
  • Z259.10, Full body harnesses; and
  • Z259.11, Personal energy absorbers and lanyards.
• CSA Standard Z259.2.3, Descent devices, would be added and would be made ambulatory.
• CSA Standard Z259.12, Connecting components for personal fall-arrest systems (PFAS), would be added and would be made ambulatory.
• CSA Standard Z259.13, Manufactured horizontal lifeline systems, would be added and would be made ambulatory.
• CSA Standard Z259.14, Fall restrict equipment for wood pole climbing, would be added and would be made ambulatory.
• CSA Standard Z259.15, Anchorage connectors, would be added and made ambulatory.
• CSA Standard Z259.16, Design of active fall-protection systems, would be added and would be made ambulatory.
• CSA Standard Z259.17, Selection and use of active fall-protection equipment and systems, would be added and would be made ambulatory.

MOHSR

• Withdrawn CSA Standard CAN/CSA-Z259.2.1-98 (R2008), Fall Arresters, Vertical Lifelines and Rails, would be replaced with reference to the following CSA Group standards, which would remain ambulatory:
  • Z259.2.4, Fall arresters and vertical rigid rails; and
  • Z259.2.5, Fall arresters and vertical lifelines.
• CSA Standard Z259.1, Body belts and saddles for work positioning and travel restraint, would replace CSA Standard Z259.1-05, Body Belts and Saddles for Work Positioning and Travel Restraint, and would remain ambulatory.
• CSA Standard Z259.2.2, Self-retracting devices would replace CSA Standard CAN/CSA-Z259.2.2-98 (R2009), Self-Retracting Devices for Personal Fall-Arrest Systems, and would remain ambulatory.
• CSA Standard Z259.2.3, Descent devices, would replace CSA Standard Z259.2.3-99 (R2004), Descent Control Devices, and would remain ambulatory.
• CSA Standard Z259.10, Full body harnesses, would replace CSA Standard Z259.10-06, Full Body Harnesses and remain ambulatory.
• CSA Standard Z259.11, Personal energy absorbers and lanyards, would replace CSA Standard Z259.11-05, Energy Absorbers and Lanyards, and remain ambulatory.
• CSA Standard Z259.12, Connecting components for personal fall-arrest systems (PFAS), would replace CSA Standard CAN/CSA Z259.12-01 (R2006), Connecting Components for Personal Fall Arrest Systems (PFAS), and remain ambulatory.
• CSA Standard Z259.13, Manufactured horizontal lifeline systems, would replace CSA Standard Z259.13-04 (R2009), Flexible Horizontal Lifeline Systems, and remain ambulatory.
• CSA Standard Z259.15, Anchorage connectors, would be added and made ambulatory.
• CSA Standard Z259.16, Design of active fall-protection systems, would replace CSA Standard Z259.16-04 (R2009), Design of Active Fall-Protection Systems, and remain ambulatory.
• CSA Standard Z259.17, Selection and use of active fall-protection equipment and systems, would be added and made ambulatory.

Training and instruction

The PPE training provisions in the OTOHSR, OGOSHR, MOHSR, and AOHSR would be amended to introduce the requirement that PPE training must be provided by a qualified person. This requirement was added to the COHSR in 2019.

The employer would still need to retain a record of the training that was provided. The employer would need to keep a written summary of this training, and this summary would need to be accessible to every person in the workplace.

Simplifying PPE requirements

To reduce confusion over workplace health and safety obligations, PPE requirements, titles and terminology would be made consistent where possible. Terminology would also be made consistent with the one used by the provinces, territories, and industry.

Protective equipment

OGOSHR

• “Protective Equipment and Other Preventive Measures” would replace the current heading “Safety Materials, Equipment, Devices and Clothing” for consistency and accuracy.

MOHSR

• “Protective Equipment and Other Preventive Measures” would replace the current heading “Protection Equipment” for consistency and accuracy.

OTOHSR and AOHSR

• “Protective Equipment” would replace the current heading “Safety Materials, Equipment, Devices and Clothing” for consistency and accuracy.

COHSR, OTOHSR, OGOSHR, MOHSR, and AOHSR

• All instances of the older term “protection equipment” would be replaced by the updated term “protective equipment”.

Oxygen-deficient atmosphere

In the definition of oxygen-deficient atmosphere in the OTOHSR, OGOSHR, and AOHSR, the percentage by volume of oxygen would be changed from 18% to 19.5% to match the percentages indicated in the definition used in the COHSR.

Protection against drowning

Minor adjustments would be made to the protection against drowning provisions of the OGOSHR and MOHSR to use the same language as in the COHSR. For example, wording such as “held in readiness” would be changed to “readily available”.

Clothing, hair, and accessories

OTOHSR, OGOSHR, MOHSR and AOHSR

• The requirement to protect against possible risk of injury in the workplace from clothing, hair or accessories worn would be amended to specify that it is the employer’s responsibility. This change would bring the other four OHS regulations into alignment with the COHSR.

COHSR, OTOHSR, OGOSHR, MOHSR, and AOHSR

• The heading “Clothing, hair and accessories” would replace the existing heading for the loose clothing provisions to more clearly reflect existing requirements.
• For clarity, the language would be made more direct. For example, the wording “to prevent the hazard,” would be changed to “eliminate the risk or reduce it to a minimum”.

Other terminology updates

OTOHSR

• The French term for “airborne hazardous substance” would be changed from “substances dangereuses dans l’air” to “substances dangereuses aéroportées”.

OGOSHR

• The French term for “training” would be changed from “entraînement” to “formation”.
• The French term for “instructions” would be changed from “formation” to “consignes”.

OGOSHR and MOHSR

• The French terms to designate high-visibility apparel would be changed from either “gilet de signalisation,” “vêtement qui assure une visibilité semblable,” or “gilet ou tout autre vêtement de signalisation” to “vêtements de sécurité à haute visibilité”.

COHSR, OTOHSR, OGOSHR, MOHSR, and AOHSR

• Individual references to “CSA Group standard” would be changed to “CSA Standard”.
• The French term for “protective headwear” would be changed from “casque protecteur” or “casque de protection” to “casque de sécurité”.

Proposed changes to the AMPs Regulations

Schedule 1 of the AMPs Regulations would be amended to repeal current designations for requirements that have been removed and to add violation types for the new requirements that are being introduced.

Repeals

COHSR

• Failing to meet the criteria for fall hazard zones, currently a type D violation, would be repealed. This violation is already covered by the violation for failing to follow the requirements of a fall hazard zone system.

OGOSHR and MOHSR

• Failing to provide employees with the procedures for installing or removing a fall-protection system, currently a type D violation, would be repealed. Under the proposed regulations, only a qualified person can install or remove a fall-protection system.

Additions

MOHSR and OGOSHR

• Failing to meet the new proposed fall-protection standards would be added and designated as a type D violation.
• Failing to develop a fall-protection plan would be added and designated as a type D violation.
• Failing to follow a hierarchy of fall-protection systems would be added and designated as a type C violation.
• Failing to use a fall-protection system would be added and designated as a type E violation.

AOHSR, MOHSR, OGOSHR, and OTOHSR

• Failing to achieve PPE proper fit would be added and designated as a type D violation.
• Failing to consult the policy committee or, if there is no policy committee, the workplace committee or the health and safety representative when determining or selecting PPE that is not prescribed by the regulations would be added and designated as a type D violation.

Regulatory development

Consultation

In February 2023, the Labour Program circulated a questionnaire to the Occupational Health and Safety Advisory Committee (OHSAC) to seek feedback from employer and employee representatives. Members of OHSAC include the following:

• British Columbia Maritime Employers Association (BCMEA)
• Canada Post
• Canadian Labour Congress (CLC)
• Canadian Trucking Alliance
• Canadian Union of Postal Workers (CUPW)
• Canadian Union of Public Employees (CUPE)
• Federally Regulated Employers in Transportation and Communications (FETCO)
• International Longshore and Warehouse Union (ILWU)
• National Airlines Council of Canada (NACC)
• Public Service Alliance of Canada (PSAC)
• Unifor
• Treasury Board Secretariat

FETCO also distributed the questionnaire to its members, which consisted of a further 47 contacts.

The questionnaire focused on a variety of topics, such as changing the term “protection equipment” to “protective equipment” in English (the French term “équipement de protection” remains unchanged; correcting the misalignment of the definition for an oxygen-deficient atmosphere in the AOHSR, OGOSHR, and OTOHSR to align with the COHSR; adding references to new CSA standards; and adding a reference to the UL standard on lifejackets.

In March 2023, the same questionnaire was then sent to 14 stakeholders in the oil and gas industry. Further, in May 2023, the same questionnaire was sent to the 183 participants of the Canadian Marine Advisory Council (CMAC).

Out of all the questionnaires circulated, the Labour Program received 21 responses, which equals a total response rate of 8.2%. Highlights from these responses include the following:

• One respondent (4.8%) indicated amending the definition of an oxygen-deficient atmosphere could result in an increased financial cost.
• Three respondents (14.3%) indicated amending the term “protection equipment” to “protective equipment” could result in having to update internal manuals and training materials.
• Three respondents (14.3%) indicated amending the term “substances dangereuses dans l’air” to “substances dangereuses aéroportées” in the French version of the COHSR could result in having to update internal manuals and training materials.
• Four respondents (19.0%) indicated adding references to CSA standards in the MOHSR and OGOSHR, specifically related to fall arresters and vertical rigid rails, fall arresters and vertical lifelines, and anchorage connectors could result in increased financial costs for accessing the standards, reviewing and updating internal manuals and training materials, and conducting a gap analysis on their current fall protection equipment to see if changes are needed.
• Twelve respondents (57.1%) indicated that adhering to the most recent versions of CSA standards could result in increased financial costs for accessing the standards, reviewing and updating internal manuals and training materials, and becoming more involved with the development of CSA standards to ensure their interests are being considered when new standards are developed.

The responses to the questionnaire were used to further refine the proposed amendments to the regulations as well as to inform the cost-benefit analysis.

Indigenous engagement, consultation and modern treaty obligations

First Nations band councils, as employers, are subject to Part II of the Code and the COHSR. The Labour Program assessed modern treaty implications in accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation. This assessment concluded that the proposed regulations would not disproportionately impact modern treaty holders or other First Nations. As a result, specific engagement and consultations with Indigenous peoples were not undertaken. In their role as employers, however, First Nation band councils would need to ensure that PPE provided to employees or persons granted access to the workplace comply with the proposed regulations.

Because the changes to the COHSR only seek to simplify certain PPE definitions or provisions, this regulatory initiative would not impose new requirements on First Nations band councils. The amendments, when introduced, would update terminology to improve clarity and reflect commonly used terms. The most notable change to the COHSR, aside from simplifying language around fall-protection requirements, is an addition under Part XII of the COHSR, to reference ANSI/CAN/UL Standard 12402-4, Personal Flotation Devices - Part 4: Lifejackets, Performance Level 100 - Safety Requirements. While this amendment would add a new standard to the PPE provisions of the COHSR, First Nations band councils must already comply with this part of the Regulations. The addition of this new standard would not require the employer to purchase additional equipment. It only expands on the list of already accepted personal flotation devices. Therefore, there would be no impact on operations or cost for employers or workers.

In assessing whether the constitutional duty to consult is triggered through section 35 of the Constitution Act, 1982^{footnote 3} or the United Nations Declaration on the Rights of Indigenous Peoples Act (UNDA),^{footnote 4} the Labour Program concluded that the minor amendments to the COHSR would not substantially impact First Nations as employers, nor do they impact land rights or treaty rights. Additionally, maintaining and improving the health of Indigenous peoples are priorities for the Government of Canada and the proposed regulations would improve health and safety at work for employees of First Nation band councils.

The prepublication comment period in the Canada Gazette, Part I, is open to all Canadians, and provides an opportunity for Indigenous peoples to provide feedback.

Instrument choice

The proposed regulations are necessary to amend existing PPE provisions and their application in workplaces that are subject to Part II of the Code.

In the AOHSR and OGOHSR, several standards incorporated by reference are being updated from static to ambulatory references to use the most up-to-date versions of the documents. In the OTOHSR, one standard incorporated by reference is being updated from static to ambulatory to use the most up-to-date version of the document. Regulatory amendments are the only possible means to update the standards referenced in the proposed regulations.

Regulatory analysis

Baseline scenario

Ambulatory references and modernizing the fall-protection provisions: Employers under the five OHS regulations are not required to follow the most recent versions of the standards incorporated by reference as prescribed in the proposed amendments. While a majority of employers may have to assume costs to purchase four of the newly added standards, it is assumed that most employers are already in compliance with the requirements set within those standards. This assumption is based on stakeholder consultations in which employers indicated no need to invest in new personal protection equipment or make significant changes to their OHS practices. In this scenario, employers and employees would not benefit from a safer workplace environment since there would be no effort required to achieve compliance for the small portion of employers not already in alignment with the updated standards. In addition, there would be a misalignment with other more current federal OHS PPE provisions, which would lead to persistent confusion and frustration for the small portion of employers not in compliance.

Fall-protection plan: Employers under the MOHSR and the OGOSHR would not have to implement a fall-protection plan. Therefore, employers and employees would not benefit from a safer workplace environment.

Update inconsistent terminology and clarify requirements currently in force: Employers under the five OHS regulations would not need to update references in training material and workplace OHS practices, since there would be no updates made to the terminology or clarifications to the requirements currently in force. Therefore, employers and employees would not benefit from the clarity added to the requirements.

Regulatory scenario

Ambulatory references and modernizing the fall-protection provisions: Employers subject to one or several of the five OHS regulations would be required to follow the most recent versions of the standards incorporated by reference in addition to the newly added standards, as prescribed in the proposed amendments. This amendment would require employers to provide PPE that meets modern standards and implement modern safety practices (i.e. training). Additionally, references to standards not previously incorporated by reference in the MOHSR and the OGOSHR will be added to mirror the standards incorporated by reference in the COHSR. A small portion of employers and employees would therefore benefit from a safer workplace environment in workplaces where effort will be needed to achieve compliance. As mentioned, in the baseline scenario, it is assumed that most employers are already in compliance with the standards. This assumption is based on stakeholder consultations in which employers indicated no need to invest in new personal protection equipment. The only potential impact reported by employers was the need to update their training materials. It is therefore expected that, under the regulatory scenario, employers not already in compliance with the standards would have to modify their OHS practices and update any associated training material to comply with the proposed amendments. Such modification is not expected to result in costs for the purchase of new personal protective equipment.

Fall-protection plan: Employers subject to the MOHSR and/or the OGOSHR would have to implement a fall-protection plan. Following the introduction of the proposed amendments, employers would need to assess and address fall-related hazards according to the specific requirements of the fall-protection plan. Employers would also need to provide training to familiarize their employees with the fall-protection plan. It is therefore expected that employers and employees would benefit from the enhanced safety provided by the implementation of a fall-protection plan.

Update inconsistent terminology and clarify requirements currently in force: Employers subject to one or several of the five OHS regulations would need to update references in training material and in written procedures related to their OHS practices, since there would be updates to the terminology or clarifications to the requirements currently in force. It is therefore expected employers and employees would benefit from the clarity added to the requirements.

Benefits and costs

Benefits

Minor benefits from reduced workplace injuries

The proposed regulations are expected to result in a benefit to employees in workplaces where adjustments would be made to decrease the risk of work-related injuries. The safety measures are expected to enhance employees’ protection from hazards such as fall-related incidents.

Minor benefits from improved workplace productivity

The proposed regulations are expected to result in a benefit to employers through a potential increase in labour productivity. As a result of safer workplaces, employees would be less likely to get injured, which could result in fewer employees missing work to recover.

Minor benefits from reduced burden on the Canadian health care system

The proposed regulations are expected to potentially reduce the burden on the health care system by improving workplace safety and reducing the likelihood of work-related injuries.

Costs

The cost estimates are based on a combination of data sources. Costs that rely on employee counts are derived from the following sources:

• Federal Jurisdiction Workplace Survey (FJWS), 2015;
• Survey of Payrolls, Hours and Employment (SEPH), November 2024;
• Employer Annual Hazardous Occurrence Report Database (EAHOR), 2023.

Costs that rely on employer counts are derived from the following sources:

• FJWS (2015);
• Canadian Business Counts, with employees, December 2024;
• EAHOR, 2023.

Cost related to ambulatory references and modernizing the fall-protection provisions across the OHS regulations to align with the 2019 amendments to the COHSR

The proposed regulations would result in a cost to some employers for the purchase of newly added standards. Employers not already in compliance would also need to modify their OHS practices and update any associated training material. As well, it is possible that a small portion of employers would choose to adopt new equipment or modify existing equipment to comply with these provisions.

The monetized costs associated with the purchase of newly added standards are estimated to be about $1.9 million in total over the 10-year period^{footnote 5}. To note, there are no translation costs because the standards are available in both official languages. All other compliance activities mentioned in the above paragraph are expected to impose negligible costs to employers. These conclusions are supported by a comparison between the old and the most recent versions of the standards, and a compliance assessment of the newly added standards. The analysis points to very few instances that might lead stakeholders to purchase new equipment or modify existing equipment. Stakeholder input was also used to inform this assessment.

Cost related to the development and implementation of the fall-protection plan

The proposed regulations would result in costs to employers for the development and implementation of a fall-protection plan under the MOHSR and the OGOSHR. The total costs associated with this compliance activity are estimated to be about $700,000 over the 10-year period. The costs reflect the time spent to identify and assess hazards, and to choose and implement a set of preventive measures when employees or persons granted access to workplaces are required to work from heights. Furthermore, the estimated costs include the time spent by employees to familiarize themselves with the fall-protection plan.

Cost related to minor administrative amendments to update inconsistent terminology and clarify the current requirements

The additional information and the updated terminology for PPE requirements in the proposed amendments would provide further clarity and user guidance. At most, the proposed regulations may require stakeholders to update references in training material and OHS practices. Therefore, the impact is expected to be minimal.

As an example, with respect to the proper fit provisions within AOHSR, MOHSR, OGOSHR, and OTOHSR, amending the requirements to include a clause that requires PPE to be fitted by a qualified person is expected to have negligible costs. Currently, these four OHS regulations require that all PPE must

• be designed to protect the person from the hazard for which it is provided;
• not in itself create a hazard;
• be maintained, inspected and tested by a qualified person; and
• if necessary to prevent a health hazard, be maintained in a clean and sanitary condition by a qualified person.

The amendments being proposed would only expand on the above requirements, as a qualified person is already required for the maintenance and confirmation of the quality of PPE. It is assumed that, in addition to this obligation, and as a result of the regulatory amendments, the qualified person would take on the additional role of fitting PPE to each individual user. This has been the case in the COHSR, where there already exists the requirement for a qualified person to fit PPE. Accordingly, the proposed changes to the four other OHS regulations would add clarity to current requirements, and it is expected that any costs to employers would be negligible.

Estimated cost

The proposed regulations are expected to result in total costs to employers of approximately $2.7 million over the 10-year period following the introduction of the proposed regulations. These costs do not include some of the minor costs associated with updating references in training material and OHS practices.

Table 1: List of estimated costs

Cost item	Present value costs	Annualized costs
Fall-protection plan	$705,868	$100,500
CSA standards	$1,938,008	$275,929
Total cost	$2,643,876	$376,428

Small business lens

Analysis using the small business lens concluded that the proposed regulation will impact small businesses.

The total costs for affected small employers (approximately 18 500) are estimated to be around $2.2 million over the 10-year period following the introduction of the proposed regulations. No flexible or alternative options are being considered to limit impacts on small employers, since the proposal is low cost and safety related.

One-for-one-rule

The one-for-one rule does not apply, as there is no incremental change in administrative burden on business and no regulatory titles are repealed or introduced.

Regulatory cooperation and alignment

In 2019, the National Occupational Health and Safety Reconciliation Agreement (PDF) [2019 Agreement] was signed by the former Minister of Employment, Workforce Development and Labour on behalf of the Government of Canada. This agreement strengthened the federal, provincial, and territorial governments’ collective responsibility to harmonize regulations across jurisdictions and outlined a list of standards relating to PPE that all the federal, provincial, and territorial governments agreed to reference within their OHS regulations. This included standards regarding protective headwear, protective footwear, personal flotation devices, and eye and face protection, among others. Subsequently, the Minister of Labour, on behalf of the Government of Canada, signed the Pan Canadian Occupational Health and Safety Reconciliation Agreement (PDF) [2021 Agreement]. The 2021 Agreement was built on the 2019 Agreement and is a federal, provincial, and territorial umbrella regulatory reconciliation agreement that requires signatories to reference the same CSA standards for seven different types of fall-protection equipment.

While the COHSR was amended in 2019, only a portion of the agreed-upon standards from the 2019 and 2021 agreements were included, specifically protective headwear, protective footwear, eye and face protection, and fall-protection equipment. The proposed regulations would expand on this earlier initiative by adding into the COHSR the agreed-upon standard for personal flotation devices. This expansion would enable the federal government to meet its commitment to harmonize these standards while also supporting regulatory cooperation and alignment between federal, provincial, and territorial jurisdictions.

International alignment

This PPE initiative would bring Canada into alignment with our international partners such as Australia and the United Kingdom (UK).

A majority of state and territorial governments in Australia regulate OHS by adopting model laws made available through Work Safe Australia. As a national policy body, Work Safe Australia develops non-binding regulations that participating state and territorial governments can use in their own jurisdictions to regulate safer workplaces. When it comes to PPE, Work Safe Australia requires that employers must provide PPE and ensure that it fits correctly. While there is no requirement for a qualified person to fit the PPE, the employer is responsible for ensuring its suitable size, fit, and comfort^{footnote 6}.

In the United Kingdom, employers must provide PPE to their employees and ensure that the PPE is worn correctly and with the necessary adjustments as possible^{footnote 7}. While there is no obligation for a qualified person to properly fit PPE, the UK Health and Safety Executive (the government agency responsible for the regulation and enforcement of workplace health and safety) recognizes that proper fit is essential for keeping workers safe. In 2025, the Health and Safety Executive released guidance to assist employers in adapting the fit of respiratory equipment to accommodate faces of different shapes and sizes^{footnote 8}.

Like Canada, both Australia^{footnote 9} and the United Kingdom^{footnote 10} use a hierarchy of fall protection to protect workers working at heights. Under model laws developed by Safe Work Australia, employers must first ensure solid ground, barriers, and safe entry and exit prior to any work performed where there is a risk of falling. If this is not adequate, employers are then to provide other forms of fall protection, such as fall-arrest systems.

In the United Kingdom, employers must mark off danger areas where there is a risk of falling and implement preventive measures to safeguard against unauthorized, or possibly unintended, access. The employer must take every precaution to eliminate working at heights. For example, employers must first explore other solutions, such as extendable tools, which can eliminate the need to work at heights by bringing the task at hand to ground level. If working at heights cannot be eliminated or reduced, then other measures may be used.

Ultimately, Australia and the United Kingdom both require employers to use the safest form of fall protection before they can consider higher-risk alternatives.

Effect on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment, a preliminary scan concluded that a strategic environmental assessment is not required, as there are no broader environmental impacts.

Gender-based analysis plus

A gender-based analysis plus (GBA+) assessment was conducted as part of the development of the proposed regulations.

The proposed regulations aim to benefit all federally regulated employees. However, the proposed amendments to ensure PPE properly fits each individual user would have a greater positive impact on female employees and those whose body dimensions differ from cisgender white men.

Gender

Inconsistency

Addressing inconsistent fall protection requirements in the MOHSR and OGOSHR to align them with those of the COHSR would increase the level of safety for employees within the marine and oil and gas industries, whose duties include working from heights. This increase in safety would predominantly benefit men, as the marine industry workforce comprises 76% men and 24% women, while the oil and gas industry workforce comprises 77% men and 22% women.^{footnote 11}

Proper fit

Current PPE designs have largely been developed using body dimension data from early studies that did not consider the diverse range of body dimensions outside of the traditional white male phenotype. These early studies, conducted by the United States military during the 1950s and 1960s, sampled their data from the body dimensions of their recruits, which were predominantly made up of young, fit Caucasian men.^{footnote 12} For this reason, much of the PPE used in workplaces today does not conform to a diverse range of body shapes and sizes, which leaves many workers vulnerable to avoidable workplace hazards.^{footnote 13}

It is important to recognize that Canada has become more inclusive and multicultural over time. In 1959, Canada’s population was approximately 17.5 million.^{footnote 14} This number has grown substantially since, now amounting to 41 million people.^{footnote 15} Immigration has also gradually accounted for a larger proportion of Canada’s population, making up roughly 15% of the population in 2021, as opposed to 5% and 7% between 1950 and 1980.^{footnote 16} As the population has grown, and as racialized groups have helped diversify the labour market, the need for inclusive PPE has become increasingly important to the health and safety of workers.

Using data gathered from Statistics Canada, it is also possible to gain insight into how Canada’s labour market has changed for women. The proportion of women aged 25 to 54 in Canada’s workforce has increased significantly over time. In the 1950s, only 21.6% of women within this range (25 to 54 years of age) were employed or seeking work. By 1983, this share had risen to 65%, and by the 2010s, this share had grown even further, nearing closer to full participation at 83%.^{footnote 17} In other words, women are important and active participants in Canada’s labour market.

To better understand PPE and proper fit, the CSA Group conducted a survey of female employees in the workplace. The results showed that over 80% of respondents reported issues with the fit and comfort of the PPE provided by employers.^{footnote 13} When PPE is not designed to accommodate different body types, it often results in PPE that puts worker safety at risk. Excess material, for instance, has been cited to be a workplace hazard, especially near machinery.^{footnote 13} When workers “make do” with poorly fitting PPE, it can contribute to negative attitudes about its effectiveness, which can also have a negative impact on maintaining workplace health and safety.^{footnote 18} Most notably, of the women surveyed by the CSA group, approximately 40% reported an injury or incident attributable to their PPE.^{footnote 13}

The proposed regulations would require properly fitting PPE that accommodates every user, regardless of body dimension, and would ensure that the fit is verified by a qualified person, supporting a safer workplace for all employees.

Outdated terminology and naming conventions

The proposed amendment to harmonize the definition of “oxygen-deficient atmosphere” would affect employees covered under the AOHSR and OGOSHR, by requiring a higher level of oxygen saturation to be present within confined spaces that employees may have to enter as part of their duties. The Federal Jurisdiction Workplace Survey found that the air transportation industry is predominantly made up of men (representing 68% of employees), who are also a majority (77%) within the oil and gas industry;^{footnote 19} therefore, this amendment would positively impact more male employees than female ones.

Implementation, compliance and enforcement, and service standards

Implementation

The proposed regulations would be intended to come into force six months after the day on which they are registered. The Labour Program is committed to updating guidance material to help employers comply with the proposed regulations.

Compliance and enforcement

Compliance with the proposed regulations would be achieved using a variety of existing approaches along a compliance continuum. This may include educating and counselling employers on their obligations, seeking an assurance of voluntary compliance (AVC) from the employer, or issuing a direction to cease the contravention and take steps to prevent its reoccurrence. To address more serious or repeated violations, an AMP under Part IV of the Code may be issued, or a prosecution may be initiated. Further information on AMPs and the classification method for various violations under the Code can be found in the “Background” section of this Regulatory Impact Analysis Statement. No additional inspectors or inspections specifically related to these proposed regulations are anticipated.

If an employee believes there is a contravention of the Code at their workplace, the employee may make a complaint to their employer or supervisor, who must work to address the employee’s concerns. Complaints can be made under Part II of the Code to a health and safety officer at the Labour Program only if the internal complaint resolution process has been followed and has not been successful in resolving the matter. For more information, please see the Internal complaint resolution process on the Canada.ca website.

Contact

Marie-France Sanschagrin
Senior Director
Occupational Health and Safety
Workplace Directorate
Labour Program
Department of Employment and Social Development
165 De l’Hôtel-de-Ville Street
Place du Portage, Phase II, 10th Floor
Gatineau, Quebec
J8X 3X2
Email: EDSC.LAB.SST.POLITIQUES-LAB.OHS.POLICY.ESDC@labour-travail.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council proposes to make the annexed Regulations Amending Certain Regulations Made Under the Canada Labour Code (Personal Protective Equipment and Other Preventive Measures) under sections 125^{footnote a}, 126^{footnote b}, 157^{footnote c} and 270^{footnote d} of the Canada Labour Code ^{footnote e}.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, mail or any other means, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Marie-France Sanschagrin, Senior Director, Workplace Directorate, Labour Program, Department of Employment and Social Development, 165 De l’Hôtel-de-Ville Street, Place du Portage Phase II, 10th Floor, Gatineau, Quebec J8X 3X2 (email: esdc.lab.sst.politiques-lab.ohs.policy.esdc@hrsdc-rhdcc.gc.ca).

Ottawa, May 28, 2026

Janna Rinaldi
Assistant Clerk of the Privy Council

Regulations Amending Certain Regulations Made Under the Canada Labour Code (Personal Protective Equipment and Other Preventive Measures)

Canada Occupational Health and Safety Regulations

1 The definition qualified person in section 1.2 of the Canada Occupational Health and Safety Regulations ^{footnote 20} is replaced by the following:

qualified person

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

2 (1) The definition fall hazard zone in section 12.01 of the Regulations is repealed.

(2) The definitions fall hazard zone system and fall-restraint system in section 12.01 of the Regulations are replaced by the following:

fall hazard zone system

means a system that is designed to reduce the risk of persons inadvertently getting close to an edge from which there is a risk of falling and that consists of a demarcated and supervised fall hazard zone adjacent to that edge. (système pour zone de risque de chute)

fall-restraint system

means a collection of protective equipment that attaches a person to an anchorage and is designed and configured to prevent the person from getting close to an edge from which there is a risk of falling. (dispositif de retenue contre les chutes)

3 Subsection 12.02(2) of the Regulations is replaced by the following:

(2) Any amendment to a CSA Group standard, a CSA standard or a UL standard that is incorporated by reference in this Part is effective on the 30th day after the day on which the amendment is published by the CSA Group or by UL Standards & Engagement, as the case may be, in both official languages.

4 (1) Subparagraph 12.05(1)(b)(i) of the Regulations is replaced by the following:

• (i) be safely and properly fitted to each user, having regard to all relevant factors including body type, by a qualified person in accordance with the manufacturer’s instructions, and

(2) Subsection 12.05(2) of the Regulations is replaced by the following:

(2) In the case of equipment that is used in a fall-protection system, if there are no instructions from the manufacturer with respect to the storage, maintenance, inspection, testing, fitting, installation, use or dismantling referred to in paragraphs (1)(a) to (d), the equipment must be stored, maintained, inspected, tested, fitted, installed, used or dismantled in accordance with procedures set out in the fall-protection plan.

5 (1) The portion of subsection 12.06(1) of the Regulations before paragraph (a) is replaced by the following:

12.06 (1) An employer that is required, under subsection 12.07(1), to provide or put in place a fall-protection system must, before granting access to the location from which there is a risk of injury from falling,

(2) Subsections 12.06(2) and (3) of the Regulations are replaced by the following:

(2) The fall-protection plan must

• (a) specify the hazards that have been identified for each work area and each activity to be carried out at the work place;
• (b) specify the fall-protection systems that have been chosen to protect against the risks presented by each of the identified hazards;
• (c) if a personal fall-protection system is to be used, specify the anchorage to be used;
• (d) if a fall-arrest system is to be used, specify the clearance distance below each work area;
• (e) if a fall hazard zone system is to be used, specify the procedures to be followed for accessing, performing work in and leaving the fall hazard zone;
• (f) include in an annex any manufacturer’s instructions referred to in subsection 12.05(1) with respect to the storage, maintenance, inspection, testing, fitting, installation, use or dismantling of equipment that is to be used in a fall-protection system and is provided by an employer or, in the absence of manufacturer’s instructions, set out the procedures to be followed with respect to those activities; and
• (g) set out the rescue procedures to be followed if a person falls.

(3) Subsection 12.06(5) of the Regulations is replaced by the following:

(5) The clearance distance referred to in paragraph (2)(d) must be sufficient to prevent a person from hitting the ground or an object or surface below the work area if they fall.

6 The heading before section 12.07 of the Regulations is replaced by the following:

Fall-protection System

7 (1) Subsection 12.07(1) of the Regulations is replaced by the following:

12.07 (1) Subject to subsection (2), an employer must provide or put in place a fall-protection system to protect any person — other than a qualified person who is installing or dismantling a fall-protection system — who is at risk of injury from falling from a location to which they are granted access at a work place that is at a height of

• (a) 3 m or more and
  • (i) not on a ladder, or
  • (ii) on a ladder if the person is, by the nature of the activity being performed, unable to maintain a three-point contact with the ladder; or
• (b) less than 3 m, if the person is at risk of falling onto a surface that presents a greater risk of injury than a solid, flat surface.

(2) The portion of subsection 12.07(2) of the Regulations before paragraph (a) is replaced by the following:

(2) If the location is on a vehicle and it is not feasible to provide or put in place a fall-protection system, the employer must

(3) Subparagraphs 12.07(2)(a)(i) and (ii) of the Regulations are replaced by the following:

• (i) perform a job safety analysis to eliminate or minimize the need to climb onto the vehicle or its load, and
• (ii) provide every employee who could be required to climb onto the vehicle or its load with instruction and training by a qualified person on the safe method of climbing onto it and working there;

8 Section 12.08 of the Regulations is replaced by the following:

12.08 (1) A fall hazard zone that forms part of a fall hazard zone system put in place for the purpose of subsection 12.07(1) must

• (a) extend the entire length of the edge from which there is a risk of falling;
• (b) be at least 2 m wide;
• (c) not have a downward slope of more than five degrees towards the edge from which there is a risk of falling;
• (d) be marked using a raised demarcation line at a height of not less than 900 mm but not more than 1 100 mm along its border with any work area; and
• (e) be supervised by a fall hazard zone monitor whose only duty is to ensure that persons do not inadvertently enter the fall hazard zone and that any person who needs to enter the zone to carry out an activity or to get to or from a work area uses a personal fall-protection system.

(2) The employer must ensure that every person who is granted access to a work place in which a fall hazard zone system has been put in place is informed of the fall hazard zone system’s existence and is familiar with the procedures to be followed for accessing, performing work in and leaving the fall hazard zone.

9 The heading “Fall Protection” before section 12.09 of the Regulations is replaced by the following:

Personal Fall-protection System

10 (1) Subsection 12.09(1) of the Regulations is replaced by the following:

12.09 (1) If a fall-protection plan specifies that a personal fall-protection system is to be used to protect against a given risk, the employer must provide such a system to every person who is granted access to the work place and who is exposed to that risk, other than a qualified person who is installing or dismantling a fall-protection system.

(2) The portion of subsection 12.09(3) of the Regulations before paragraph (a) is replaced by the following:

(3) Each component of a personal fall-protection system must meet the requirements set out in one of the following CSA Group standards, whichever applies:

(3) Subsections 12.09(5) and (6) of the Regulations are replaced by the following:

(5) If more than one personal fall-protection system is secured to an anchorage, a single anchorage connector must be used for each personal fall-protection system.

(6) The employer must ensure that a person who is using a personal fall-protection system uses a full body harness.

(4) Paragraph 12.09(8)(b) of the Regulations is replaced by the following:

• (b) if no anchorage is specified by the manufacturer, an anchorage that is certified by a person who is authorized to exercise the profession of engineering in Canada and that meets the requirements set out in CSA Standard Z259.16, Design of active fall-protection systems.

11 The heading before section 12.1 of the French version of the Regulations is replaced by the following:

Casque de sécurité

12 (1) Subsection 12.1(1) of the Regulations is replaced by the following:

12.1 (1) Subject to subsection (2), if there is a risk of head injury in a work place, the employer must ensure that every person who is granted access to the work place and who is exposed to that risk wears protective headwear that meets the requirements set out in CSA Standard Z94.1, Industrial protective headwear — Performance, selection, care, and use, or in ANSI Standard Z89.1, American National Standard for Industrial Head Protection.

(2) Subsection 12.1(2) of the French version of the Regulations is replaced by the following:

(2) Toutefois, s’il juge, en consultation avec le comité d’orientation ou, à défaut, avec le comité local ou le représentant, que le port du casque de sécurité visé au paragraphe (1) n’élimine ni ne réduit le risque de blessure, l’employeur veille à ce que soit porté un casque de sécurité approprié choisi par lui-même en consultation avec le comité d’orientation ou, à défaut, avec le comité local ou le représentant.

13 (1) Subsection 12.11(1) of the Regulations is replaced by the following:

12.11 (1) Subject to subsection (2), if there is a risk of foot injury or electric shock through footwear in a work place, the employer must ensure that every person who is granted access to the work place and who is exposed to that risk wears protective footwear that meets the requirements set out in CSA Standard Z195, Protective footwear.

(2) Subsection 12.11(2) of the French version of the Regulations are replaced by the following:

(2) Toutefois, s’il juge, en consultation avec le comité d’orientation ou, à défaut, le comité local ou le représentant, que le port des chaussures de protection visées au paragraphe (1) n’élimine ni ne réduit le risque de blessure, l’employeur veille à ce que soit portées des chaussures de protection appropriées choisies par lui-même en consultation avec le comité d’orientation ou, à défaut, le comité local ou le représentant.

(3) Subsection 12.11(3) of the Regulations is replaced by the following:

(3) If there is a risk of injury due to slipping in a work place, the employer must ensure that every person who is granted access to the work place and who is exposed to that risk wears slip-resistant footwear.

14 Section 12.12 of the Regulations is replaced by the following:

12.12 (1) Subject to subsection (2), if there is a risk of injury to the eyes or face in a work place, the employer must provide every person who is granted access to the work place and who is exposed to that risk with eye or face protective equipment that is selected by the employer in accordance with Annex A of CSA Standard Z94.3, Eye and face protectors, and that meets the requirements set out in that standard.

(2) If the employer, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, determines that the eye or face protective equipment referred to in subsection (1) does not eliminate or reduce the risk of injury, the employer must provide the appropriate eye or face protective equipment selected by the employer in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

(3) A person must not wear contact lenses in a work place if they are regularly exposed in the work place to irritating airborne chemical agents, intense heat, liquid splashes, molten metals or similar agents.

15 (1) The portion of subsection 12.13(1) of the Regulations before paragraph (a) is replaced by the following:

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

(2) The portion of subsection 12.13(2) of the Regulations before paragraph (a) is replaced by the following:

(2) If there is a risk of injury or disease due to exposure to an airborne hazardous substance, other than a CBRN agent, in a work place, the employer must provide every person who is granted access to the work place and who is exposed to that risk with respiratory protective equipment that meets the following requirements:

(3) The portion of subsection 12.13(3) of the Regulations before paragraph (a) is replaced by the following:

(3) If there is a risk of injury or disease due to exposure to CBRN agents in a work place, the employer must provide every person who is granted access to the work place and who is exposed to that risk with respiratory protective equipment for protection against those CBRN agents that

16 The portion of subsection 12.14(1) of the Regulations before paragraph (a) is replaced by the following:

12.14 (1) If there is a risk of injury or disease to or transmitted through the skin in a work place, the employer must provide every person who is granted access to the work place and who is exposed to that risk with

17 (1) The portion of paragraph 12.15(1)(a) of the Regulations before subparagraph (iii) is replaced by the following:

• (a) provide every person who is granted access to the work place and who is exposed to that risk with
  • (i) a flotation device that
    • (A) meets the requirements set out in the Canadian General Standards Board Standard CAN/CGSB-65.7-2007, Life Jackets, in its June 2007 version available on the Government of Canada publications website under catalogue number P29-065‑007‑2007E-PDF,
    • (B) has a level 70 performance within the meaning of ANSI/CAN/UL Standard 12402-5, Personal Flotation Devices — Part 5: Buoyancy Aids (Level 50) — Safety Requirements, when tested in accordance with ANSI/CAN/UL Standard 12402-9, Personal Flotation Devices — Part 9: Test Methods, or
    • (C) meets the requirements set out in ANSI/CAN/UL Standard 12402-4, Personal Flotation Devices — Part 4: Lifejackets, Performance Level 100 — Safety Requirements, or

(2) Subsection 12.15(1) of the Regulations is amended by striking out “and” at the end of paragraph (d) and by adding the following after that paragraph:

• (d.1) if the work place is a wharf, dock, pier, quay or other similar structure, ensure that a ladder that extends at least two rungs below water level is installed on the face of the structure every 60 m along its length; and

(3) Subsection 12.15(2) of the Regulations is repealed.

18 Section 12.16 of the Regulations and the heading before it are replaced by the following:

Clothing, hair and accessories

12.16 An employer must ensure that no person in a work place wears loose clothing, long hair, accessories or other similar items that present a risk of injury unless those items are tied, covered or otherwise secured to eliminate the risk or reduce it to a minimum.

19 Section 12.17 of the Regulations is replaced by the following:

12.17 If there is a risk of injury in a work place due to moving vehicles, the employer must provide every person who is granted access to the work place and who is exposed to that risk with high-visibility safety apparel that meets the requirements set out in CSA Standard Z96, High-visibility safety apparel.

20 Subsection 12.2(1) of the Regulations is replaced by the following:

12.2 (1) An employer must ensure that every person who is granted access to a work place and who uses protective equipment that is prescribed by this Part is provided with instruction by a qualified person in the use of that equipment.

21 The English version of the Regulations is amended by replacing “oxygen deficient” with “oxygen-deficient” in the following provisions:

• (a) the definition oxygen deficient atmosphere in section 1.2; and
• (b) paragraph 15.8(1)(b).

22 The English version of the Regulations is amended by replacing “protection equipment” with “protective equipment” in the following provisions:

• (a) the definition protection equipment in section 1.2;
• (b) paragraphs 8.4(2)(a) and (b);
• (c) paragraph 8.22(2)(e);
• (d) paragraphs 11.03(2)(a) to (c);
• (e) subparagraph 11.05(1)(c)(ii);
• (f) paragraphs 11.06(1)(c) and (2)(c);
• (g) paragraph 11.07(1)(a);
• (h) paragraphs 11.08(1)(a) and (b), subsection 11.08(2) and paragraphs 11.08(3)(b) and (c);
• (i) paragraph 11.1(3)(b);
• (j) paragraphs 11.12(1)(b) and (2)(b);
• (k) the heading of Part XII;
• (l) the definition fall-arrest system in section 12.01;
• (m) sections 12.03 and 12.04;
• (n) the portion of subsection 12.05(1) before paragraph (a);
• (o) the heading “Protection Equipment and Procedures” before section 12.09;
• (p) sections 12.18 and 12.19;
• (q) subsection 12.2(2);
• (r) subsections 12.21(1) and (3); and
• (s) subsection 16.8(3).

On Board Trains Occupational Health and Safety Regulations

23 The definitions oxygen deficient atmosphere and qualified person in section 1.1 of the On Board Trains Occupational Health and Safety Regulations ^{footnote 21} are replaced by the following:

oxygen-deficient atmosphere

means an atmosphere in which there is less than 19.5% by volume of oxygen at a pressure of one atmosphere or in which the partial pressure of oxygen is less than 148 mm Hg; (air à faible teneur en oxygène)

qualified person

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

24 The heading of Part VIII of the Regulations is replaced by the following:

Protective Equipment

25 Paragraphs 8.4(a) and (b) of the Regulations are replaced by the following:

• (a) be properly stored and be maintained, inspected and, if applicable, tested by a qualified person in accordance with the manufacturer’s instructions to ensure that it is in good operating condition;
• (b) in the case of equipment that is worn by a person,
  • (i) be safely and properly fitted to each user, having regard to all relevant factors including body type, by a qualified person in accordance with the manufacturer’s instructions, and
  • (ii) if necessary to prevent a health hazard, be maintained in a clean and sanitary condition by a qualified person in accordance with the manufacturer’s instructions; and
• (c) in the case of any component of the equipment that requires installation and dismantling, be installed and dismantled by a qualified person in accordance with the manufacturer’s instructions.

26 The heading before section 8.5 of the French version of the Regulations is replaced by the following:

Casque de sécurité

27 Section 8.5 of the Regulations is replaced by the following:

8.5 (1) Subject to subsection (2), if there is a risk of head injury in a work place, the employer must ensure that every person who is granted access to the work place and who is exposed to that risk wears protective headwear that meets the requirements set out in CSA Standard Z94.1, Industrial protective headwear — Performance, selection, care, and use, as amended from time to time.

(2) If the employer, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, determines that the protective headwear referred to in subsection (1) does not eliminate or reduce the risk of injury, the employer must ensure that appropriate protective headwear, selected by the employer in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, is worn.

28 Section 8.6 of the Regulations is replaced by the following:

8.6 (1) Subject to subsection (2), if there is a risk of foot injury or electric shock through footwear in a work place, the employer must ensure that every person who is granted access to the work place and who is exposed to that risk wears protective footwear that meets either the requirements set out in CSA Standard Z195, Protective Footwear, as amended from time to time, or the requirements set out in ASTM International publication F2413, Standard Specification for Performance Requirements for Protective (Safety) Toe Cap Footwear, as amended from time to time.

(2) If the employer, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, determines that the protective footwear referred to in subsection (1) does not eliminate or reduce the risk of injury, the employer must ensure that appropriate protective footwear, selected by the employer in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, is worn.

(3) If there is a risk of injury due to slipping in a work place, the employer must ensure that every person who is granted access to the work place and who is exposed to that risk wears slip-resistant footwear.

29 Section 8.7 of the Regulations is replaced by the following:

8.7 (1) Subject to subsection (2), if there is a risk of injury to the eyes or face in a work place, the employer must provide every person who is granted access to the work place and who is exposed to that risk with eye or face protective equipment that is selected by the employer in accordance with Annex A of CSA Standard Z94.3, Eye and face protectors, as amended from time to time, and that meets the requirements set out in that standard.

(2) If the employer, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, determines that the eye or face protective equipment referred to in subsection (1) does not eliminate or reduce the risk of injury, the employer must provide the appropriate eye or face protective equipment selected by the employer in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

(3) A person must not wear contact lenses in a work place if they are regularly exposed in the work place to irritating airborne chemical agents, intense heat, liquid splashes, molten metals or similar agents.

30 (1) The portion of subsection 8.8(1) of the Regulations before paragraph (a) is replaced by the following:

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

(2) The portion of subsection 8.8(2) of the Regulations before paragraph (a) is replaced by the following:

(2) If there is a risk of injury or disease due to exposure to an airborne hazardous substance in a work place, the employer must provide every person who is granted access to the work place and who is exposed to that risk with respiratory protective equipment that meets the following requirements:

31 Section 8.11 of the Regulations and the heading before it are replaced by the following:

Clothing, hair and accessories

8.11 An employer must ensure that no person in a work place wears loose clothing, long hair, accessories or other similar items that present a risk of injury unless those items are tied, covered or otherwise secured to eliminate the risk or reduce it to a minimum.

32 Section 8.11.1 of the Regulations is replaced by the following:

8.11.1 If there is a risk of injury in a work place due to moving vehicles, the employer must ensure that every person who is granted access to the work place and who is exposed to that risk wears high-visibility safety apparel that is readily visible under all conditions of use.

33 Section 8.13 of the Regulations is replaced by the following:

8.13 (1) An employer must ensure that every person who is granted access to a work place and who uses protective equipment that is prescribed by this Part is provided with instruction by a qualified person in the use of that equipment.

(2) The employer must ensure that, in addition to the instruction referred to in subsection (1), every employee who uses protective equipment is provided with instruction and training by a qualified person in the operation and maintenance of the equipment and training by a qualified person in its use.

(3) The employer must ensure that the instruction and training referred to in subsections (1) and (2) are summarized in writing and must keep a copy of that summary readily available for consultation by every person who is granted access to the work place.

34 Paragraph 11.7(1)(c) of the English version of the Regulations is replaced by the following:

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

35 The English version of the Regulations is amended by replacing “protection” with “protective” in the following provisions:

• (a) the definition protection equipment in section 1.1;
• (b) the portion of section 8.2 before paragraph (a) and paragraph 8.2(b);
• (c) the portion of section 8.3 before paragraph (a);
• (d) the portion of section 8.4 before paragraph (a);
• (e) subsection 8.12(1);
• (f) the heading before section 8.14 and sections 8.14 and 8.15; and
• (g) subsection 12.5(3).

Oil and Gas Occupational Safety and Health Regulations

36 The definitions oxygen deficient atmosphere and qualified person in section 1.1 of the Oil and Gas Occupational Safety and Health Regulations ^{footnote 22} are replaced by the following:

oxygen-deficient atmosphere

means an atmosphere in which there is less than 19.5% by volume of oxygen at a pressure of one atmosphere or in which the partial pressure of oxygen is less than 148 mm Hg; (air à faible teneur en oxygène)

qualified person

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

37 (1) Paragraph 9.2(2)(a) of the English version of the Regulations is replaced by the following:

• (a) the qualified person or the employee must use insulated protective equipment and tools that will protect them from injury during the performance of the work; and

(2) Paragraph 9.2(2)(b) of the Regulations is replaced by the following:

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

38 Paragraph 12.1(b) of the English version of the Regulations is replaced by the following:

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

39 (1) Paragraph 12.2(1)(c) of the Regulations is replaced by the following:

• (c) the concentration of oxygen in the atmosphere in the confined space is not less than 19.5% by volume and not more than 23% by volume, at normal atmospheric pressure, and in any case the partial pressure of oxygen is not less than 148 mm Hg;

(2) Subsection 12.2(5) of the Regulations is replaced by the following:

(5) The employer must ensure that no employee enters a confined space unless the employee is instructed and trained in the procedures referred to in subsection (2) and in the use of the protective equipment referred to in that subsection.

40 The heading of Part XIII of the Regulations is replaced by the following:

Protective Equipment and Other Preventive Measures

41 The Regulations are amended by adding the following before the heading “General” before section 13.1:

Interpretation

13.01 The following definitions apply in this Part.

fall hazard zone system

means a system that is designed to reduce the risk of persons inadvertently getting close to an edge from which there is a risk of falling and that consists of a demarcated and supervised fall hazard zone adjacent to that edge. (système pour zone de risque de chute)

fall-arrest system

means a collection of protective equipment that attaches a person to an anchorage and is designed and configured to arrest a free fall. (dispositif antichute)

fall-protection system

means a system that is designed and configured to eliminate or reduce the risk of a person falling, restrain a person who is at risk of falling or arrest a person’s fall. The system may be composed of one or more of the following:

• (a) a passive fall-protection system;
• (b) a fall-restraint system;
• (c) a fall-arrest system; and
• (d) a fall hazard zone system. (dispositif de protection contre les chutes)

fall-restraint system

means a collection of protective equipment that attaches a person to an anchorage and is designed and configured to prevent the person from getting close to an edge from which there is a risk of falling. (dispositif de retenue contre les chutes)

passive fall-protection system

means a system of physical barriers that is designed and installed to prevent a person from falling, including guardrails, fences, barricades or covers. (dispositif passif de protection contre les chutes)

personal fall-protection system

means a fall-restraint system or fall-arrest system. (dispositif individuel de protection contre les chutes)

13.02 Section 1.6 does not apply in respect of any publication that is referred to in a standard that is incorporated by reference in this Part.

42 Section 13.1 of the Regulations is replaced by the following:

13.1 If it is not feasible to eliminate a health or safety hazard in a work place or to reduce it to within safe limits and the use of protective equipment may eliminate or reduce the risk of injury from the hazard, every person who is granted access to the work place and who is exposed to the hazard must use the protective equipment prescribed by this Part.

43 (1) The portion of section 13.3 of the English version of the Regulations before paragraph (a) is replaced by the following:

13.3 All protective equipment that is provided by the employer must

(2) Paragraphs 13.3(a) and (b) of the Regulations are replaced by the following:

• (a) be properly stored and be maintained, inspected and, if applicable, tested by a qualified person in accordance with the manufacturer’s instructions to ensure that it is in good operating condition;
• (b) in the case of equipment that is worn by a person,
  • (i) be safely and properly fitted to each user, having regard to all relevant factors including body type, by a qualified person in accordance with the manufacturer’s instructions, and
  • (ii) if necessary to prevent a health hazard, be maintained in a clean and sanitary condition by a qualified person in accordance with the manufacturer’s instructions;
• (c) in the case of any component of the equipment that requires installation and dismantling, be installed and dismantled by a qualified person in accordance with the manufacturer’s instructions; and
• (d) in the case of equipment that is used in a fall-protection system, be used in accordance with the manufacturer’s instructions.

(3) Section 13.3 of the Regulations is renumbered as subsection 13.3(1) and is amended by adding the following:

(2) In the case of equipment that is used in a fall-protection system, if there are no instructions from the manufacturer with respect to the storage, maintenance, inspection, testing, fitting, installation, use or dismantling referred to in paragraphs (1)(a) to (d), the equipment must be stored, maintained, inspected, tested, fitted, installed, used or dismantled in accordance with the procedures set out in the fall-protection plan.

44 The heading before section 13.4 and sections 13.4 to 13.6 of the Regulations are replaced by the following:

Fall Protection

Fall-protection Plan

13.3.1 (1) An employer that is required, under subsection 13.3.2(1), to provide or put in place a fall-protection system must, before granting access to the location from which there is a risk of injury from falling,

• (a) develop a fall-protection plan in consultation with the work place committee or the health and safety representative; and
• (b) ensure that a copy of the fall-protection plan is readily available at the work place for consultation.

(2) The fall-protection plan must

• (a) specify the hazards that have been identified for each work area and each activity to be carried out at the work place;
• (b) specify the fall-protection systems that have been chosen to protect against the risks presented by each of the identified hazards;
• (c) if a personal fall-protection system is to be used, specify the anchorage to be used;
• (d) if a fall-arrest system is to be used, specify the clearance distance below each work area;
• (e) if a fall hazard zone system is to be used, specify the procedures to be followed for accessing, performing work in and leaving the fall hazard zone;
• (f) include in an annex any manufacturer’s instructions referred to in subsection 13.3(1) with respect to the storage, maintenance, inspection, testing, fitting, installation, use or dismantling of equipment that is to be used in a fall-protection system and is provided by an employer or, in the absence of manufacturer’s instructions, set out the procedures to be followed with respect to those activities; and
• (g) set out the rescue procedures to be followed if a person falls.

(3) The fall-protection systems referred to in paragraph (2)(b) are to be chosen in consultation with the work place committee or the health and safety representative, as appropriate for the work area and activity in question, taking into account the following order of priority:

• (a) passive fall-protection system;
• (b) fall-restraint system;
• (c) fall-arrest system; and
• (d) fall hazard zone system.

(4) The clearance distance referred to in paragraph (2)(d) must be sufficient to prevent a person from hitting the ground or an object or surface below the work area if they fall.

Fall-protection System

13.3.2 (1) Subject to subsection (2), an employer must provide or put in place a fall-protection system to protect any person — other than a qualified person who is installing or dismantling a fall-protection system — who is at risk of injury from falling from a location to which they are granted access at a work place that is at a height of

• (a) 2.4 m or more and
  • (i) not on a ladder, or
  • (ii) on a ladder if the person is, by the nature of the activity being performed, unable to maintain a three-point contact with the ladder; or
• (b) less than 2.4 m, if the person is at risk of falling
  • (i) onto a surface that presents a greater risk of injury than a solid, flat surface,
  • (ii) into an open hopper, vat or pit, or
  • (iii) into water that is more than 1 m deep.

(2) If the location is on a vehicle and it is not feasible to provide or put in place a fall-protection system, the employer must

• (a) in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative,
  • (i) perform a job safety analysis to eliminate or minimize the need for the employee to climb onto the vehicle or its load, and
  • (ii) provide every employee who could be required to climb onto the vehicle or its load with instruction and training by a qualified person on the safe method of climbing onto it and working there;
• (b) make a report in writing to the Head of Compliance and Enforcement setting out the reasons why it is not feasible to provide or put in place a fall-protection system and include in that report the job safety analysis and a description of the instruction and training referred to in paragraph (a); and
• (c) provide a copy of the report referred to in paragraph (b) to the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

(3) The job safety analysis, instruction and training referred to in paragraph (2)(a) must be reviewed every two years in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

13.3.3 (1) A fall hazard zone that forms part of a fall hazard zone system put in place for the purpose of subsection 13.3.2(1) must

• (a) extend the entire length of the edge from which there is a risk of falling;
• (b) be at least 2 m wide;
• (c) not have a downward slope of more than five degrees towards the edge from which there is a risk of falling;
• (d) be marked using a raised demarcation line at a height of not less than 900 mm but not more than 1 100 mm along its border with any work area; and
• (e) be supervised by a fall hazard zone monitor whose only duty is to ensure that persons do not inadvertently enter the fall hazard zone and that any person who needs to enter the zone to carry out an activity or to get to or from a work area uses a personal fall-protection system.

(2) The employer must ensure that every person who is granted access to a work place in which a fall hazard zone system has been put in place is informed of the fall hazard zone system’s existence and is familiar with the procedures to be followed for accessing, performing work in and leaving the fall hazard zone.

Protective Equipment and Procedures

Personal Fall-protection System

13.3.4 (1) If a fall-protection plan specifies that a personal fall-protection system is to be used to protect against a given risk, the employer must provide such a system to every person who is granted access to the work place and who is exposed to that risk, other than a qualified person who is installing or dismantling a fall-protection system.

(2) A personal fall-protection system must meet the requirements set out in the following CSA Group standards, as amended from time to time:

• (a) Z259.16, Design of active fall-protection systems; and
• (b) Z259.17, Selection and use of active fall-protection equipment and systems.

(3) Each component of a personal fall-protection system must meet the requirements set out in one of the following CSA Group standards, as amended from time to time, whichever applies:

• (a) Z259.1, Body belts and saddles for work positioning and travel restraint;
• (b) Z259.2.2, Self-retracting devices;
• (c) Z259.2.3, Descent devices;
• (d) Z259.2.4, Fall arresters and vertical rigid rails;
• (e) Z259.2.5, Fall arresters and vertical lifelines;
• (f) Z259.10, Full body harnesses;
• (g) Z259.11, Personal energy absorbers and lanyards;
• (h) Z259.12, Connecting components for personal fall-arrest systems (PFAS);
• (i) Z259.13, Manufactured horizontal lifeline systems;
• (j) Z259.14, Fall restrict equipment for wood pole climbing; and
• (k) Z259.15, Anchorage connectors.

(4) The components of a personal fall-protection system must be compatible and must be used in accordance with the manufacturer’s instructions.

(5) If more than one personal fall-protection system is secured to a single anchorage, a separate anchorage connector must be used for each personal fall-protection system.

(6) The employer must ensure that a person who is using a personal fall-protection system uses a full body harness.

(7) The employer must ensure that, before each work shift, every employee inspects their personal fall-protection system in accordance with the fall-protection plan.

Protective Headwear

13.4 (1) Subject to subsection (2), if there is a risk of head injury in a work place, the employer must provide every person who is granted access to the work place and who is exposed to that risk with protective headwear that meets the requirements set out in CSA Standard Z94.1, Industrial protective headwear — Performance, selection, care, and use, as amended from time to time.

(2) If the employer, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, determines that the protective headwear referred to in subsection (1) does not eliminate or reduce the risk of injury, the employer must provide the appropriate protective headwear selected by the employer in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

Protective Footwear

13.5 (1) Subject to subsection (2), if there is a risk of a foot injury or electric shock through footwear in a work place, the employer must ensure that every person who is granted access to the work place and who is exposed to that risk wears protective footwear that meets the requirements set out in CSA Standard Z195, Protective footwear, as amended from time to time.

(2) If the employer, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, determines that the protective footwear referred to in subsection (1) does not eliminate or reduce the risk of injury, the employer must ensure that appropriate protective footwear, selected by the employer in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, is worn.

(3) If there is a risk of injury due to slipping in a work place, the employer must ensure that every person who is granted access to the work place and who is exposed to that risk wears slip-resistant footwear.

Eye and Face Protection

13.6 (1) Subject to subsection (2), if there is a risk of injury to the eyes or face in a work place, the employer must provide every person who is granted access to the work place and who is exposed to that risk with eye or face protective equipment that is selected by the employer in accordance with Annex A of CSA Standard Z94.3, Eye and face protectors, as amended from time to time, and that meets the requirements set out in that standard.

(2) If the employer, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, determines that the eye or face protective equipment referred to in subsection (1) does not eliminate or reduce the risk of injury, the employer must provide the appropriate eye or face protective equipment selected by the employer in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

(3) A person must not wear contact lenses in a work place if they are regularly exposed in the work place to irritating airborne chemical agents, intense heat, liquid splashes, molten metals or similar agents.

45 The heading before section 13.7 of the Regulations is replaced by the following:

Respiratory Protection

46 (1) The portion of subsection 13.7(1) of the Regulations before paragraph (a) is replaced by the following:

13.7 (1) Subject to subsection (4), if there is a risk of injury or disease due to exposure to an oxygen-deficient atmosphere in a work place, the employer must provide every person who is granted access to the work place and who is exposed to that risk with respiratory protective equipment by means of which air will be supplied and that meets the following requirements:

(2) The portion of subsection 13.7(2) of the Regulations before paragraph (a) is replaced by the following:

(2) Subject to subsection (4), if there is a risk of injury or disease due to exposure to an airborne hazardous substance in a work place, the employer must provide every person who is granted access to the work place and who is exposed to that risk with respiratory protective equipment that meets the following requirements:

47 The heading before section 13.9 of the Regulations is replaced by the following:

Skin Protection

48 Section 13.10 of the Regulations and the heading before it are repealed.

49 The heading before section 13.11 of the Regulations is replaced by the following:

Emergency Escape Devices

50 The heading before section 13.12 and sections 13.12 and 13.13 of the Regulations are replaced by the following:

Protection Against Drowning

13.12 If there is a risk of drowning in a work place, the employer must

• (a) provide every person who is granted access to the work place and who is exposed to that risk with
  • (i) a flotation device that
    • (A) meets the requirements set out in the Canadian General Standards Board Standard CAN/CGSB-65.7-2007, Life Jackets, in its June 2007 version available on the Government of Canada publications website under catalogue number P29-065‑007‑2007E-PDF, or
    • (B) meets the requirements set out in ANSI/CAN/UL Standard 12402-4, Personal Flotation Devices — Part 4: Lifejackets, Performance Level 100 — Safety Requirements, as amended from time to time, or
  • (ii) a safety net or fall-protection system;
• (b) provide emergency equipment and ensure that it is in good operating condition and readily available;
• (c) ensure that a qualified person is available on site to operate the emergency equipment;
• (d) if appropriate, provide a power boat and ensure that it is in good operating condition and readily available;
• (e) if the work place is a wharf, dock, pier, quay or other similar structure, ensure that a ladder that extends at least two rungs below water level is installed on the face of the structure every 60 m along its length; and
• (f) prepare written emergency procedures that contain
  • (i) a full description of the procedures to be followed and the responsibilities of all persons who are granted access to the work place, and
  • (ii) the location of any emergency equipment.

Clothing, hair and accessories

13.13 An employer must ensure that no person in a work place wears loose clothing, long hair, accessories or other similar items that present a risk of injury unless those items are tied, covered or otherwise secured to eliminate the risk or reduce it to a minimum.

51 The heading before section 13.14 of the Regulations is replaced by the following:

Protection from Extreme Temperatures

52 Section 13.15 of the Regulations and the heading before it are replaced by the following:

Protection Against Moving Vehicles

13.15 If there is a risk of injury in a work place due to moving vehicles, the employer must ensure that every person who is granted access to the work place and who is exposed to that risk wears high-visibility safety apparel.

53 The heading before section 13.16 of the Regulations is replaced by the following:

Fire Protection Equipment

54 The heading before section 13.19 of the French version of the Regulations is replaced by the following:

Consignes et formation

55 Section 13.19 of the Regulations is replaced by the following:

13.19 (1) An employer must ensure that every person who is granted access to a work place and who uses protective equipment that is prescribed by this Part is provided with instruction by a qualified person in the use of that equipment.

(2) The employer must ensure that, in addition to the instruction referred to in subsection (1), every employee who uses protective equipment is provided with instruction and training by a qualified person in the operation and maintenance of the equipment and training by a qualified person in its use.

(3) If a fall-protection plan has been developed for a work place under paragraph 13.3.1(1)(a), the employer must ensure that every employee is provided with training by a qualified person in respect of the fall-protection plan.

(4) If there is a risk of drowning in a work place, the employer must ensure that every person who is granted access to the work place is provided with instruction by a qualified person in respect of the written emergency procedures referred to in paragraph 13.12(f).

(5) The employer must ensure that the instruction and training referred to in subsections (1) to (4) are summarized in writing and must keep a copy of that summary readily available for consultation by every person who is granted access to the work place.

56 Section 13.20 of the English version of the Regulations is replaced by the following:

13.20 If an employee finds any defect in protective equipment that may render it unsafe for use, they must report the defect to their employer as soon as possible.

57 Paragraph 18.10(d) of the English version of the Regulations is replaced by the following:

• (d) a list of the emergency equipment and protective equipment required to carry out the procedures.

58 Subparagraph 18.12(e)(ii) of the English version of the Regulations is replaced by the following:

• (ii) the location, quantity and type of emergency equipment and protective equipment,

59 The English version of the Regulations is amended by replacing “protection” with “protective” in the following provisions:

• (a) the definition protection equipment in section 1.1;
• (b) paragraph 9.10(2)(e);
• (c) paragraphs 12.2(1)(h) and (2)(d) and (g) and subsections 12.2(3) and (6);
• (d) paragraph 12.3(b) and subparagraph 12.3(e)(iii);
• (e) the portion of section 13.2 before paragraph (a);
• (f) section 13.14;
• (g) subsection 13.18(1) and paragraphs 13.18(2)(a) to (d);
• (h) the heading before section 13.20; and
• (i) section 13.21.

Maritime Occupational Health and Safety Regulations

60 The definition qualified person in section 1 of the Maritime Occupational Health and Safety Regulations ^{footnote 23} is replaced by the following:

qualified person

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

61 The heading of Part 10 of the Regulations is replaced by the following:

Protective Equipment and Other Preventive Measures

62 The Regulations are amended by adding the following before the heading “General” before section 138:

Definitions

137.1 The following definitions apply in this Part.

fall hazard zone system

means a system that is designed to reduce the risk of persons inadvertently getting close to an edge from which there is a risk of falling and that consists of a demarcated and supervised fall hazard zone adjacent to that edge. (système pour zone de risque de chute)

fall-arrest system

means a collection of protective equipment that attaches a person to an anchorage and is designed and configured to arrest a free fall. (dispositif antichute)

fall-protection system

means a system that is designed and configured to eliminate or reduce the risk of a person falling, restrain a person who is at risk of falling or arrest a person’s fall. The system may be composed of one or more of the following:

• (a) a passive fall-protection system;
• (b) a fall-restraint system;
• (c) a fall-arrest system; and
• (d) a fall hazard zone system. (dispositif de protection contre les chutes)

fall-restraint system

means a collection of protective equipment that attaches a person to an anchorage and is designed and configured to prevent the person from getting close to an edge from which there is a risk of falling. (dispositif de retenue contre les chutes)

passive fall-protection system

means a system of physical barriers that is designed and installed to prevent a person from falling, including guardrails, fences, barricades or covers. (dispositif passif de protection contre les chutes)

personal fall-protection system

means a fall-restraint system or fall-arrest system. (dispositif individuel de protection contre les chutes)

63 Subsection 138(2) of the Regulations is replaced by the following:

(2) All protective equipment that is provided or used in a work place must be designed to protect the person from the hazard for which it is provided or used and must not in itself create a hazard.

(3) All protective equipment that is provided by an employer must

• (a) be properly stored and be maintained, inspected and, if applicable, tested by a qualified person in accordance with the manufacturer’s instructions to ensure that it is in good operating condition;
• (b) in the case of equipment that is worn by a person,
  • (i) be safely and properly fitted to each user, having regard to all relevant factors including body type, by a qualified person in accordance with the manufacturer’s instructions, and
  • (ii) if necessary to prevent a health hazard, be maintained in a clean and sanitary condition by a qualified person in accordance with the manufacturer’s instructions;
• (c) in the case of any component of the equipment that requires installation and dismantling, be installed and dismantled by a qualified person in accordance with the manufacturer’s instructions; and
• (d) in the case of equipment that is used in a fall-protection system, be used in accordance with the manufacturer’s instructions.

(4) In the case of equipment that is used in a fall-protection system, if there are no instructions from the manufacturer with respect to the storage, maintenance, inspection, testing, fitting, installation, use or dismantling referred to in paragraphs (3)(a) to (d), the equipment must be stored, maintained, inspected, tested, fitted, installed, used or dismantled in accordance with the procedures set out in the fall-protection plan.

64 The heading before section 139 and sections 139 to 141 of the Regulations are replaced by the following:

Fall Protection

Fall-protection Plan

138.1 (1) An employer that is required, under subsection 138.2(1), to provide or put in place a fall-protection system must, before granting any access to the location from which there is a risk of injury from falling,

• (a) develop a fall-protection plan in consultation with the work place committee or the health and safety representative; and
• (b) ensure that a copy of the fall-protection plan is readily available at the work place for consultation.

(2) The fall-protection plan must

• (a) specify the hazards that have been identified for each work area and each activity to be carried out at the work place;
• (b) specify the fall-protection systems that have been chosen to protect against the risks presented by each of the identified hazards;
• (c) if a personal fall-protection system is to be used, specify the anchorage to be used;
• (d) if a fall-arrest system is to be used, specify the clearance distance below each work area;
• (e) if a fall hazard zone system is to be used, specify the procedures to be followed for accessing, performing work in and leaving the fall hazard zone;
• (f) include in an annex any manufacturer’s instructions referred to in subsection 138(3) with respect to the storage, maintenance, inspection, testing, fitting, installation, use or dismantling of equipment that is to be used in a fall-protection system and is provided by an employer or, in the absence of manufacturer’s instructions, set out the procedures to be followed with respect to those activities; and
• (g) set out the rescue procedures to be followed if a person falls.

(3) The fall-protection systems referred to in paragraph (2)(b) are to be chosen in consultation with the work place committee or the health and safety representative, as appropriate for the work area and activity in question, taking into account the following order of priority:

• (a) passive fall-protection system;
• (b) fall-restraint system;
• (c) fall-arrest system; and
• (d) fall hazard zone system.

(4) The clearance distance referred to in paragraph (2)(d) must be sufficient to prevent a person from hitting the ground or an object or surface below the work area if they fall.

Fall-protection System

138.2 (1) Subject to subsection (2), an employer must provide or put in place a fall-protection system to protect any person — other than a qualified person who is installing or dismantling a fall-protection system — who is at risk of injury from falling from a location to which they are granted access at a work place that is at a height of

• (a) 2.4 m or more and
  • (i) not on a ladder, or
  • (ii) on a ladder, if the person is, by the nature of the activity being performed, unable to maintain a three-point contact with the ladder; or
• (b) less than 2.4 m, if the person is at risk of falling
  • (i) onto a surface that presents a greater risk of injury than a solid, flat surface, or
  • (ii) into an open hold.

(2) If the location is on a vehicle and it is not feasible to provide or put in place a fall-protection system, the employer must

• (a) in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative,
  • (i) perform a job safety analysis to eliminate or minimize the need for the employee to climb onto the vehicle or its load, and
  • (ii) provide every employee who could be required to climb onto the vehicle or its load with instruction and training by a qualified person on the safe method of climbing onto it and working there;
• (b) make a report in writing to the Head of Compliance and Enforcement setting out the reasons why it is not feasible to provide or put in place a fall-protection system and include in that report the job safety analysis and a description of the instruction and training referred to in paragraph (a); and
• (c) provide a copy of the report referred to in paragraph (b) to the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

(3) The job safety analysis, instruction and training referred to in paragraph (2)(a) must be reviewed every two years in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

138.3 (1) A fall hazard zone that forms part of a fall hazard zone system put in place for the purpose of subsection 138.2(1) must

• (a) extend the entire length of the edge from which there is a risk of falling;
• (b) be at least 2 m wide;
• (c) not have a downward slope of more than five degrees towards the edge from which there is a risk of falling;
• (d) be marked using a raised demarcation line at a height of not less than 900 mm but not more than 1 100 mm along its border with any work area; and
• (e) be supervised by a fall hazard zone monitor whose only duty is to ensure that persons do not inadvertently enter the fall hazard zone and that any person who needs to enter the zone to carry out an activity or to get to or from a work area uses a personal fall-protection system.

(2) The employer must ensure that every person who is granted access to a work place in which a fall hazard zone system has been put in place is informed of the fall hazard zone system’s existence and is familiar with the procedures to be followed for accessing, performing work in and leaving the fall hazard zone.

Protective Equipment and Procedures

Personal Fall-protection System

138.4 (1) If a fall-protection plan specifies that a personal fall-protection system is to be used to protect against a given risk, the employer must provide such a system to every person who is granted access to the work place and who is exposed to that risk, other than a qualified person who is installing or dismantling a fall-protection system.

(2) A personal fall-protection system must meet the requirements set out in the following CSA Group standards:

• (a) Z259.16, Design of active fall-protection systems; and
• (b) Z259.17, Selection and use of active fall-protection equipment and systems.

(3) Each component of a personal fall-protection system must meet the requirements set out in one of the following CSA Group standards, whichever applies:

• (a) Z259.1, Body belts and saddles for work positioning and travel restraint;
• (b) Z259.2.2, Self-retracting devices;
• (c) Z259.2.3, Descent devices;
• (d) Z259.2.4, Fall arresters and vertical rigid rails;
• (e) Z259.2.5, Fall arresters and vertical lifelines;
• (f) Z259.10, Full body harnesses;
• (g) Z259.11, Personal energy absorbers and lanyards;
• (h) ZZ259.12, Connecting components for personal fall-arrest systems (PFAS);
• (i) Z259.13, Manufactured horizontal lifeline systems; and
• (j) Z259.15, Anchorage connectors.

(4) The components of a personal fall-protection system must be compatible and must be used in accordance with the manufacturer’s instructions.

(5) If more than one personal fall-protection system is secured to a single anchorage, a separate anchorage connector must be used for each personal fall-protection system.

(6) The employer must ensure that a person who is using a personal fall-protection system uses a full body harness.

(7) The employer must ensure that, before each work shift, every employee inspects their personal fall-protection system in accordance with the fall-protection plan.

Protective Headwear

139 (1) Subject to subsection (2), if there is a risk of head injury in a work place, the employer must provide every person who is granted access to the work place and who is exposed to that risk with protective headwear that meets the requirements set out in CSA Standard Z94.1, Industrial protective headwear — Performance, selection, care, and use.

(2) If the employer, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, determines that the protective headwear referred to in subsection (1) does not eliminate or reduce the risk of injury, the employer must provide the appropriate protective headwear selected by the employer in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

Protective Footwear

140 (1) Subject to subsection (2), if there is a risk of a foot injury or electric shock through footwear in a work place, the employer must ensure that every person who is granted access to the work place and who is exposed to that risk wears protective footwear that meets the requirements set out in CSA Standard Z195, Protective footwear.

(2) If the employer, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, determines that the protective footwear referred to in subsection (1) does not eliminate or reduce the risk of injury, the employer must ensure that appropriate protective footwear, selected by the employer in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, is worn.

(3) If there is a risk of injury due to slipping in a work place, the employer must ensure that every person who is granted access to the work place and who is exposed to that risk wears slip-resistant footwear.

Eye and Face Protection

141 (1) Subject to subsection (2), if there is a risk of injury to the eyes or face in the work place, the employer must provide every person who is granted access to the work place and who is exposed to that risk with eye or face protective equipment that is selected by the employer in accordance with Annex A of CSA Standard Z94.3, Eye and face protectors, and that meets the requirements set out in that standard.

(2) If the employer, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, determines that the eye or face protective equipment referred to in subsection (1) does not eliminate or reduce the risk of injury, the employer must provide the appropriate eye or face protective equipment selected by the employer in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

(3) A person must not wear contact lenses in a work place if they are regularly exposed in the work place to irritating airborne chemical agents, intense heat, liquid splashes, molten metals or similar agents.

65 The heading before section 142 of the Regulations is replaced by the following:

Respiratory Protection

66 (1) The portion of subsection 142(1) of the Regulations before paragraph (a) is replaced by the following:

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

(2) The portion of subsection 142(2) of the Regulations before paragraph (a) is replaced by the following:

(2) If there is a risk of injury or disease due to exposure to an airborne hazardous substance in a work place, the employer must provide every person who is granted access to the work place and who is exposed to that risk with respiratory protective equipment or a breathing apparatus that meets the following requirements:

67 The heading before section 143 of the Regulations is replaced by the following:

Skin Protection

68 Section 144 of the Regulations and the heading before it are repealed.

69 The heading before section 145 and sections 145 to 147 of the Regulations are replaced by the following:

Clothing, hair and accessories

145 An employer must ensure that no person in a work place wears loose clothing, long hair, accessories or other similar items that present a risk of injury unless those items are tied, covered or otherwise secured to eliminate the risk or reduce it to a minimum.

Protection Against Moving Vehicles

146 If there is a risk of injury in a work place due to moving vehicles, the employer must ensure that every person who is granted access to the work place and who is exposed to that risk wears high-visibility safety apparel that is readily visible under all conditions of use or is protected by a barricade that is readily visible under all conditions of use.

Protection Against Drowning

147 If there is a risk of drowning in a work place as a result of work activities, the employer must

• (a) provide every person who is granted access to the work place and who is exposed to that risk, other than during a vessel abandonment drill, with
  • (i) a flotation device that meets the requirements set out in
    • (A) Canadian General Standards Board Standard CAN/CGSB-65.7-2007, Life Jackets, in its June 2007 version available on the Government of Canada publications website under catalogue number P29-065‑007‑2007E-PDF,
    • (B) ANSI/CAN/UL Standard 12402-4, Personal Flotation Devices — Part 4: Lifejackets, Performance Level 100 — Safety Requirements, or
    • (C) section 2.2 of the annex to IMO Resolution MSC.48(66), entitled International Life-Saving Appliance (LSA) Code, and Regulation 2 of Part 1 of the annex to IMO Resolution MSC.81(70), entitled Revised Recommendation on Testing of Life-Saving Appliances, or
  • (ii) a safety net or a fall-protection system;
• (b) provide emergency equipment and ensure that it is in good operating condition and readily available;
• (c) ensure that a qualified person is available on site to operate the emergency equipment;
• (d) if appropriate, provide a vessel and ensure that it is in good operating condition and readily available; and
• (e) prepare written emergency procedures that contain
  • (i) a full description of the procedures to be followed and the responsibilities of all persons who are granted access to the work place, and
  • (ii) the location of any emergency equipment.

70 Section 149 of the Regulations is replaced by the following:

149 (1) An employer must ensure that every person who is granted access to a work place and who uses protective equipment that is prescribed by this Part is provided with instruction by a qualified person in the use of that equipment.

(2) The employer must ensure that, in addition to the instruction referred to in subsection (1), every employee who uses protective equipment is provided with instruction and training by a qualified person in the operation and maintenance of the equipment and training by a qualified person in its use.

(3) If a fall-protection plan has been developed for a work place under paragraph 138.1(1)(a), the employer must ensure that every employee is provided with training by a qualified person in respect of the fall-protection plan.

(4) If there is a risk of drowning in a work place, the employer must ensure that every person who is granted access to the work place is provided with instruction by a qualified person in respect of the written emergency procedures referred to in paragraph 147(e).

(5) The employer must ensure that the instruction and training referred to in subsections (1) to (4) are summarized in writing and must keep a copy of that summary readily available for consultation by every person who is granted access to the work place.

71 Paragraph 279(1)(d) of the English version of the Regulations is replaced by the following:

• (d) an employee’s loss of consciousness as a result of electric shock or exposure to a toxic atmosphere or oxygen-deficient atmosphere.

72 The English version of the Regulations is amended by replacing “oxygen deficient” with “oxygen-deficient” in the following provisions:

• (a) the definition oxygen deficient atmosphere in section 1; and
• (b) paragraph 277(d).

73 The English version of the Regulations is amended by replacing “protection” with “protective” in the following provisions:

• (a) the definition protection equipment in section 1;
• (b) paragraph 109(c);
• (c) paragraph 124(1)(c);
• (d) the portion of subsection 138(1) before paragraph (a) and paragraph 138(1)(b);
• (e) section 150 and the heading before it;
• (f) subparagraph 167(e)(v);
• (g) paragraph 171(3)(h);
• (h) paragraph 173(1)(e) and subparagraph 173(3)(d)(iii);
• (i) paragraphs 176(3)(a) and (b); and
• (j) paragraph 188(6)(e).

Aviation Occupational Health and Safety Regulations

74 The definitions oxygen-deficient atmosphere and qualified person in subsection 1.1(1) of the Aviation Occupational Health and Safety Regulations ^{footnote 24} are replaced by the following:

oxygen-deficient atmosphere

means an atmosphere in which there is less than 19.5% by volume of oxygen at a pressure of one atmosphere or in which the partial pressure of oxygen is less than 148 mm Hg. (air à faible teneur en oxygène)

qualified person

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

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

Protective Equipment

76 Section 6.3 of the Regulations is replaced by the following:

6.3 All protective equipment that is provided by an employer must

• (a) be properly stored and be maintained, inspected and, if applicable, tested by a qualified person in accordance with the manufacturer’s instructions to ensure that it is in good operating condition;
• (b) in the case of equipment that is worn by a person,
  • (i) be safely and properly fitted to each user, having regard to all relevant factors including body type, by a qualified person in accordance with the manufacturer’s instructions, and
  • (ii) if necessary to prevent a health hazard, be maintained in a clean and sanitary condition by a qualified person in accordance with the manufacturer’s instructions; and
• (c) in the case of any component of the equipment that requires installation and dismantling, be installed and dismantled by a qualified person in accordance with the manufacturer’s instructions.

77 The heading before section 6.4 of the French version of the Regulations is replaced by the following:

Casque de sécurité

78 Section 6.4 of the Regulations is replaced by the following:

6.4 (1) Subject to subsection (2), if there is a risk of head injury in a work place, the employer must ensure that every person who is granted access to the work place and who is exposed to that risk wears protective headwear that meets the requirements set out in CSA Standard Z94.1, Industrial protective headwear — Performance, selection, care, and use.

(2) If the employer, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, determines that the protective headwear referred to in subsection (1) does not eliminate or reduce the risk of injury, the employer must ensure that appropriate protective headwear, selected by the employer in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, is worn.

79 Section 6.5 of the Regulations is replaced by the following:

6.5 (1) Subject to subsection (2), if there is a risk of foot injury or electric shock through footwear in a work place, the employer must ensure that every person who is granted access to the work place and who is exposed to that risk wears protective footwear that meets the requirements set out in CSA Standard Z195, Protective footwear.

(2) If the employer, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, determines that the protective footwear referred to in subsection (1) does not eliminate or reduce the risk of injury, the employer must ensure that appropriate protective footwear, selected by the employer in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, is worn.

(3) If there is a risk of injury due to slipping in a work place, the employer must ensure that every person who is granted access to the work place and who is exposed to that risk wears slip-resistant footwear.

80 Section 6.6 of the Regulations is replaced by the following:

6.6 (1) Subject to subsection (2), if, in a work place, there is a risk of injury to the eyes or face, the employer must provide every person who is granted access to the work place and who is exposed to that risk with eye or face protective equipment that is selected by the employer in accordance with Annex A of CSA Standard Z94.3, Eye and face protectors, and that meets the requirements set out in that standard.

(2) If the employer, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, determines that the eye or face protective equipment referred to in subsection (1) does not eliminate or reduce the risk of injury, the employer must provide the appropriate eye or face protective equipment selected by the employer in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

(3) A person must not wear contact lenses in a work place if they are regularly exposed in the work place to irritating airborne chemical agents, intense heat, liquid splashes, molten metals or similar agents.

81 Section 6.11 of the Regulations and the heading before it are replaced by the following:

Clothing, hair and accessories

6.11 An employer must ensure that no person in a work place wears loose clothing, long hair, accessories or other similar items that present a risk of injury unless those items are tied, covered or otherwise secured to eliminate the risk or reduce it to a minimum.

82 Section 6.15 of the Regulations is replaced by the following:

6.15 (1) An employer must ensure that every person who is granted access to a work place and who uses protective equipment that is prescribed by this Part is provided with instruction by a qualified person in the use of that equipment.

(2) The employer must ensure that, in addition to the instruction referred to in subsection (1), every employee who uses protective equipment is provided with instruction and training by a qualified person in the operation and maintenance of the equipment and training by a qualified person in its use.

(3) The employer must ensure that the instruction and training referred to in subsections (1) and (2) are summarized in writing and must keep a copy of that summary readily available for consultation by every person who is granted access to the work place.

83 Section 7.1 of the English version of the Regulations is replaced by the following:

7.1 The temperature on board an aircraft must, if feasible, be maintained at a level of not less than 18°C and not more than 29°C.

84 The English version of the Regulations is amended by replacing “protection” with “protective” in the following provisions:

• (a) the definition protection equipment in subsection 1.1(1);
• (b) section 3.4;
• (c) subsection 6.1(2);
• (d) section 6.2;
• (e) subsection 6.14(1); and
• (f) section 6.16 and the heading before it.

Administrative Monetary Penalties (Canada Labour Code) Regulations

85 Item 720 of Division 1 of Part 2 of Schedule 1 to the Administrative Monetary Penalties (Canada Labour Code) Regulations ^{footnote 25} is replaced by the following:

Item	Column 1 Provision	Column 2 Violation Type
720	12.06(2)(g)	D

86 Item 729 of Division 1 of Part 2 of Schedule 1 to the Regulations is repealed.

87 Items 731 to 734 of Division 1 of Part 2 of Schedule 1 to the Regulations are repealed.

88 Division 1 of Part 2 of Schedule 1 to the Regulations is amended by adding the following after item 761:

Item	Column 1 Provision	Column 2 Violation Type
761.1	12.12(3)	D

89 Division 1 of Part 2 of Schedule 1 to the Regulations is amended by adding the following after item 774:

Item	Column 1 Provision	Column 2 Violation Type
774.1	12.15(1)(d.1)	D

90 Item 777 of Division 1 of Part 2 of Schedule 1 to the Regulations is repealed.

91 Items 204 and 205 of Division 2 of Part 2 of Schedule 1 to the Regulations are replaced by the following:

Item	Column 1 Provision	Column 2 Violation Type
204	6.3(a)	D
204.1	6.3(b)(i)	D
204.2	6.3(b)(ii)	B
204.3	6.3(c)	D
205	6.4(1)	D
205.1	6.4(2)	D

92 Division 2 of Part 2 of Schedule 1 to the Regulations is amended by adding the following after item 207:

Item	Column 1 Provision	Column 2 Violation Type
207.1	6.5(3)	D

93 Division 2 of Part 2 of Schedule 1 to the Regulations is amended by adding the following after item 209:

Item	Column 1 Provision	Column 2 Violation Type
209.1	6.6(3)	D

94 Items 395 to 399 of Division 4 of Part 2 of Schedule 1 to the Regulations are replaced by the following:

Item	Column 1 Provision	Column 2 Violation Type
395	138(2)	D
396	138(3)(a)	D
397	138(3)(b)(i)	D
398	138(3)(b)(ii)	B
399	138(3)(c)	D
399.1	138(3)(d)	D
399.2	138(4)	D
399.3	138.1(1)(a)	D
399.31	138.1(1)(b)	D
399.32	138.1(2)(a)	D
399.33	138.1(2)(b)	D
399.34	138.1(2)(c)	D
399.35	138.1(2)(d)	D
399.36	138.1(2)(e)	D
399.37	138.1(2)(f)	D
399.38	138.1(2)(g)	D
399.39	138.1(3)	C
399.4	138.1(4)	E
399.5	138.2(1)	E
399.51	138.2(2)(a)(i)	C
399.52	138.2(2)(a)(ii)	D
399.53	138.2(2)(b)	A
399.54	138.2(2)(c)	A
399.55	138.2(3)	B
399.6	138.3(2)	D
399.7	138.4(1)	D
399.71	138.4(2)(a)	D
399.72	138.4(2)(b)	D
399.73	138.4(3)(a)	D
399.74	138.4(3)(b)	D
399.75	138.4(3)(c)	D
399.76	138.4(3)(d)	D
399.77	138.4(3)(e)	D
399.78	138.4(3)(f)	D
399.79	138.4(3)(g)	D
399.8	138.4(3)(h)	D
399.81	138.4(3)(i)	D
399.82	138.4(3)(j)	D
399.83	138.4(4)	D
399.84	138.4(5)	D
399.85	138.4(6)	D
399.86	138.4(7)	D
399.9	139(1)	D
399.91	139(2)	D

95 Item 402 of Division 4 of Part 2 of Schedule 1 to the Regulations is replaced by the following:

Item	Column 1 Provision	Column 2 Violation Type
402	140(3)	D
402.1	141(1)	D
402.2	141(2)	D
402.3	141(3)	D

96 Items 409 to 422 of Division 4 of Part 2 of Schedule 1 to the Regulations are repealed.

97 Items 425 to 429 of Division 4 of Part 2 of Schedule 1 to the Regulations are replaced by the following:

Item	Column 1 Provision	Column 2 Violation Type
425	147(a)	D
426	147(b)	D
427	147(c)	C
428	147(d)	C
429	147(e)	C

98 Items 437 and 438 of Division 4 of Part 2 of Schedule 1 to the Regulations are replaced by the following:

Item	Column 1 Provision	Column 2 Violation Type
437	149(3)	D
438	149(4)	C
438.1	149(5)	B

99 Items 483 to 485 of Division 5 of Part 2 of Schedule 1 to the Regulations are replaced by the following:

Item	Column 1 Provision	Column 2 Violation Type
483	13.3(1)(a)	D
484	13.3(1)(b)(i)	D
484.1	13.3(1)(b)(ii)	B
484.11	13.3(1)(c)	D
484.12	13.3(1)(d)	D
484.13	13.3(2)	D
484.2	13.3.1(1)(a)	D
484.21	13.3.1(1)(b)	D
484.22	13.3.1(2)(a)	D
484.23	13.3.1(2)(b)	D
484.24	13.3.1(2)(c)	D
454.25	13.3.1(2)(d)	D
484.26	13.3.1(2)(e)	D
484.27	13.3.1(2)(f)	D
484.28	13.3.1(2)(g)	D
484.29	13.3.1(3)	C
484.3	13.3.1(4)	E
484.4	13.3.2(1)	E
484.41	13.3.2(2)(a)(i)	C
484.42	13.3.2(2)(a)(ii)	D
484.43	13.3.2(2)(b)	A
484.44	13.3.2(2)(c)	A
484.45	13.3.2(3)	B
484.5	13.3.3(2)	D
484.6	13.3.4(1)	D
484.61	13.3.4(2)(a)	D
484.62	13.3.4(2)(b)	D
484.63	13.3.4(3)(a)	D
484.64	13.3.4(3)(b)	D
484.65	13.3.4(3)(c)	D
484.66	13.3.4(3)(d)	D
484.67	13.3.4(3)(e)	D
484.68	13.3.4(3)(f)	D
484.69	13.3.4(3)(g)	D
484.7	13.3.4(3)(h)	D
484.71	13.3.4(3)(i)	D
484.72	13.3.4(3)(j)	D
484.73	13.3.4(3)(k)	D
484.74	13.3.4(4)	D
484.75	13.3.4(5)	D
484.76	13.3.4(6)	D
484.77	13.3.4(7)	D
485	13.4(1)	D
485.1	13.4(2)	D

100 Item 488 of Division 5 of Part 2 of Schedule 1 to the Regulations is replaced by the following:

Item	Column 1 Provision	Column 2 Violation Type
487.1	13.5(3)	D
488	13.6(1)	D
488.1	13.6(2)	D
488.2	13.6(3)	D

101 Items 500 to 507 of Division 5 of Part 2 of Schedule 1 to the Regulations are repealed.

102 Items 512 to 518 of Division 5 of Part 2 of Schedule 1 to the Regulations are replaced by the following:

Item	Column 1 Provision	Column 2 Violation Type
512	13.12(a)	D
513	13.12(b)	D
514	13.12(c)	C
515	13.12(d)	C
516	13.12(e)	D
517	13.12(f)(i)	C
518	13.12(f)(ii)	C

103 Items 540 and 541 of Division 5 of Part 2 of Schedule 1 to the Regulations are replaced by the following:

Item	Column 1 Provision	Column 2 Violation Type
540	13.19(4)	C
541	13.19(5)	B

104 Items 252 and 253 of Division 6 of Part 2 of Schedule 1 to the Regulations are replaced by the following:

Item	Column 1 Provision	Column 2 Violation Type
252	8.4(b)(i)	D
252.1	8.4(b)(ii)	B
252.2	8.4(c)	D
253	8.5(1)	D
253.1	8.5(2)	D

105 Item 256 of Division 6 of Part 2 of Schedule 1 to the Regulations is replaced by the following:

Item	Column 1 Provision	Column 2 Violation Type
255.1	8.6(3)	D
256	8.7(1)	D
256.1	8.7(2)	D
256.2	8.7(3)	D

106 Items 270 and 271 of Division 6 of Part 2 of Schedule 1 to the Regulations are replaced by the following:

Item	Column 1 Provision	Column 2 Violation Type
270	8.13(3)	B

Coming into Force

107 These Regulations come into force on the day that, in the sixth month after the month in which they are registered, has the same calendar number as the day on which they are registered or, if that sixth month has no day with that number, the last day of that sixth month.

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