Vol. 145, No. 8 — April 13, 2011

Registration

SOR/2011-87 March 25, 2011

CANADA LABOUR CODE

ARCHIVED — Aviation Occupational Health and Safety Regulations

P.C. 2011-451 March 25, 2011

His Excellency the Governor General in Council, on the recommendation of the Minister of Labour and the Minister of Transport, pursuant to sections 125 (see footnote a), 125.1 (see footnote b), 125.2 (see footnote c), 126 (see footnote d) and 157 (see footnote e) of the Canada Labour Code (see footnote f), hereby makes the annexed Aviation Occupational Health and Safety Regulations.

AVIATION OCCUPATIONAL HEALTH AND SAFETY REGULATIONS

PART 1

GENERAL

INTERPRETATION

1.1 (1) The following definitions apply in these Regulations.

“Act” means Part II of the Canada Labour Code. (Loi)

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

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

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

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

“safety restraining device” means a safety harness, seat, rope, belt, strap, chain or lifeline designed to be used by a person to protect them from falling and includes every fitting, fastening or accessory attached to it. (dispositif de retenue)

(2) The incorporation by reference of any standard in these Regulations is an incorporation of the standard as amended from time to time.

(3) Despite any provision in any standard incorporated by reference in these Regulations, a reference to another publication in that standard is a reference to the publication as amended from time to time.

APPLICATION

1.2 These Regulations apply in respect of employees employed on board aircraft while in operation and in respect of persons granted access to those aircraft by the employer.

RECORDS AND REPORTS

1.3 An employer who is required to keep and maintain a record, report or other document under section 125 or 125.1 of the Act shall ensure that it is readily available for examination by a health and safety officer and by the work place committee or the health and safety representative for the work place to which it applies.

INCONSISTENT PROVISIONS

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

PART 2

LEVELS OF SOUND

INTERPRETATION

2.1 The following definitions apply in this Part.

“A-weighted sound pressure level” means a sound pressure level as determined by a measurement system that includes an A-weighting filter that its manufacturer represents as meeting the requirements set out in the International Electrotechnical Commission International Standard IEC 61672-1:2002(E), 1st edition 2002-2005 Electroacoustics – Sound Level Meters. (niveau de pression acoustique pondérée A)

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

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

“sound level meter” means a device for measuring sound pressure level that its manufacturer represents as meeting the performance requirements for a Type 2 instrument as specified in the International Electrotechnical Commission International Standard IEC 61672-1:2002(E), 1st edition 2002-2005 Electroacoustics – Sound Level Meters. (sonomètre)

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

MEASUREMENT AND CALCULATION OF EXPOSURE

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

1. (a) is recommended for that measurement in clause 4.3 of CSA Standard CAN/CSA-Z107.56-06, Procedures for the Measurement of Occupational Noise Exposure; and
   
2. (b) is certified, by a certification body accredited by the Standards Council of Canada to grant the certification, as meeting the requirements for such an instrument set out in clause 4 of that Standard.

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

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

(4) For the purposes of this Part, the measurement and calculation of the noise exposure level (L_ex,8) may also take into account the exposure of the employee to A-weighted sound pressure levels that are less than 74 dBA.

HAZARD INVESTIGATION

2.3 (1) If an employee may be exposed, to an A-weighted sound pressure level equal to or greater than 84 dBA for a period that is likely to endanger the employee’s hearing, the employer shall, without delay,

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

(2) The measurement of the A-weighted sound pressure level shall be performed instantaneously, during normal working conditions, using the slow response setting of a sound level meter.

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

1. (a) the sources of sound on board the aircraft;
   
2. (b) the A-weighted sound pressure levels to which the employee is likely to be exposed and the duration of such exposure;
   
3. (c) the methods being used to reduce the exposure;
   
4. (d) whether the exposure of the employee is likely to exceed the limits established by paragraph 2.4(a); and
   
5. (e) whether the employee is likely to be exposed to a noise exposure level (L_ex,8) equal to or greater than 84 dBA.

(4) On completion of the investigation and after consultation with the work place committee or the health and safety representative, the person appointed to carry out the investigation shall write, sign and date a report setting out their

1. (a) observations respecting the matters considered under subsection (3);
   
2. (b) recommendations respecting the measures that should be taken in order to comply with sections 2.4 to 2.8; and
   
3. (c) recommendations respecting the use of hearing protectors by employees who are exposed to a noise exposure level (L_ex,8) equal to or greater than 84 dBA but not greater than 87 dBA.

(5) The report shall be kept by the employer at a location accessible to affected employees for a period of 10 years after the date of the report.

(6) If it is stated in the report that an employee is likely to be exposed to a noise exposure level (L_ex,8) equal to or greater than 84 dBA, the employer shall, without delay,

1. (a) provide the employee with written information describing the hazards associated with exposure to high levels of sound;
   
2. (b) make the report readily available to the employee; and
   
3. (c) post and keep posted in a conspicuous place at a location accessible to the employee a notice stating where the report may be reviewed.

LIMITS OF EXPOSURE

2.4 No employee shall, in any 24-hour period, be exposed to

1. (a) an A-weighted sound pressure level set out in column 1 of the schedule to this Part for a duration of exposure exceeding the applicable duration set out in column 2; or
   
2. (b) a noise exposure level (L_ex,8) that exceeds 87 dBA.

REDUCTION OF SOUND EXPOSURE

2.5 If it is reasonably practicable, every employer shall, by using controls or other physical means other than hearing protectors, reduce the exposure to sound of employees to a level that does not exceed the limits established by section 2.4.

REPORT TO REGIONAL HEALTH AND SAFETY OFFICER

2.6 If it is not reasonably practicable, without providing hearing protectors, for an employer to maintain the exposure to sound of an employee at a level that does not exceed the limits established by section 2.4, the employer shall, without delay,

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

HEARING PROTECTION

2.7 (1) When an employer is required to make a report under section 2.6, the employer shall, as soon as is reasonably practicable, provide every employee whose exposure to sound is likely to exceed the limits established by section 2.4 with a hearing protector that

1. (a) is certified, by a certification body accredited by the Standards Council of Canada to grant the certification, as meeting the requirements set out in CSA Standard CAN/CSA–Z94.2-02 (R2007), Hearing Protection Devices — Performance, Selection, Care and Use; and
   
2. (b) prevents the employee using the hearing protector from being exposed to a level of sound that exceeds the limits established by section 2.4.

(2) If an employer provides a hearing protector to an employee under subsection (1), the employer shall, in consultation with the work place committee or the health and safety representative, formulate and implement a program to train the employee in the fitting, care and use of the hearing protector.

WARNING SIGNS

2.8 If an employee may be exposed to an A-weighted sound pressure level that is likely to exceed the limits established by paragraph 2.4(a), the employer shall ensure that employees are warned, in writing and by signage on board the aircraft, of a potentially hazardous level of sound on board the aircraft.

SCHEDULE
(Section 2.4)

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

Item	Column 1 A-weighted sound pressure level (dBA)	Column 2 Maximum duration of exposure in hours per employee per 24-hour period
1.	84	16.0
2.	85	13.0
3.	86	10.0
4.	87	8.0
5.	88	6.4
6.	89	5.0
7.	90	4.0
8.	91	3.2
9.	92	2.5
10.	93	2.0
11.	94	1.6
12.	95	1.3
13.	96	1.0
14.	97	0.80
15.	98	0.64
16.	99	0.50
17.	100	0.40
18.	101	0.32
19.	102	0.25
20.	103	0.20
21.	104	0.16
22.	105	0.13
23.	106	0.10
24.	107	0.080
25.	108	0.064
26.	109	0.050
27.	110	0.040
28.	111	0.032
29.	112	0.025
30.	113	0.020
31.	114	0.016
32.	115	0.013
33.	116	0.010
34.	117	0.008
35.	118	0.006
36.	119	0.005
37.	120	0.004

PART 3

ELECTRICAL SAFETY

INTERPRETATION

3.1 In this Part, “electrical equipment” means equipment for the generation, distribution or use of electricity.

IN-FLIGHT MAINTENANCE

3.2 All electrical equipment shall be operated and maintained in accordance with the standards of airworthiness established under the Aeronautics Act.

3.3 All testing or work performed on electrical equipment on board an aircraft shall be performed by a qualified person.

3.4 If there is a risk that an employee may receive a hazardous electrical shock during the performance of the work referred to in section 3.3, the employee shall use insulated protection equipment and tools that will protect the employee from injury.

3.5 If electrical equipment on board an aircraft is live or may become live, no employee shall work on the equipment unless

1. (a) the employer has instructed the employee in procedures that are safe for work on live conductors;
   
2. (b) a safety ground is connected to the equipment; or
   
3. (c) the equipment is separated or disconnected from every source of electrical, hydraulic, pneumatic or other kind of energy that is capable of making electrical equipment dangerous.

3.6 If an employee is working on or near electrical equipment that is live or may become live, the employer shall ensure that the electrical equipment is guarded.

3.7 If two or more employees are working on or in connection with electrical equipment, they shall be fully informed by the employer with respect to ensuring that the work is coordinated in a safe manner.

SAFETY PROCEDURES

3.8 If an employee identifies a defect in electrical equipment that may render it unsafe for use, the employee shall, as soon as possible, mark or tag the electrical equipment as unsafe for use and report the defect to the person in charge of the aircraft.

PART 4

SANITATION

INTERPRETATION

4.1 The following definitions apply in this Part.

“galley area” means an area used for the storage or preparation of food on board an aircraft. (office)

“washroom” means a room on board an aircraft that contains a toilet or a washbasin. (salle d’eau)

GENERAL

4.2 (1) If practicable, the employer shall provide a room that contains a toilet and a washbasin.

(2) If it is not practicable to comply with subsection (1), the employer shall, if practicable, provide a room that contains a toilet.

(3) If it is not practicable to comply with subsection (1) or (2), the employer shall, if practicable, provide a room that contains a washbasin.

(4) If reasonably practicable, the employer shall provide a washroom for the sole use of the employees.

4.3 (1) Every employer shall ensure that each washroom and galley area used by employees is maintained in a clean and sanitary condition and cleaned at least once in every 24 hour period in which they are used.

(2) Employees who use washrooms and galley areas shall keep them as clean and in as sanitary a condition as possible.

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

4.4 (1) Each container that is used for solid or liquid waste, other than a disposable plastic garbage bag, shall be

1. (a) leak-proof;
   
2. (b) constructed so that it can be easily cleaned and maintained in a sanitary condition; and
   
3. (c) equipped with a tight-fitting cover or enclosed in a manner that does not present a health or safety hazard.

(2) Each container shall be emptied as soon as practicable after it becomes full and at least once in every 24 hour period in which it is used.

(3) If disposable plastic garbage bags are used, they shall be

1. (a) leak-proof;
   
2. (b) strong enough to support their contents when full; and
   
3. (c) closed and secured when full and disposed of at the first opportunity.

4.5 Every washroom shall be enclosed in such a manner as to provide for a reasonable amount of privacy for its occupant.

4.6 Toilet paper shall be provided in each washroom that contains a toilet.

4.7 A covered container for the disposal of sanitary napkins shall be provided in each washroom.

4.8 If vermin have entered any enclosed part of a work place, the employer shall as soon as possible take all steps necessary to eliminate the vermin and prevent their re-entry.

WASHBASINS

4.9 (1) In those washrooms that contain a washbasin, every employer shall ensure that the water supply to the washbasin is sufficient to serve the employees.

(2) In every washroom that contains a washbasin, the employer shall ensure that the following are provided:

1. (a) soap or other cleaning agent in a dispenser at each washbasin;
   
2. (b) single-use hand towels in sufficient quantity to serve the employees using the washroom; and
   
3. (c) a non-combustible container for the disposal of used towels.

(3) If hot water is provided for personal washing, it shall be maintained at a temperature of not more than 43°C.

(4) If it is not practicable to comply with subsection (1), the employer shall ensure that sufficient antiseptic agent is provided to employees.

POTABLE WATER

4.10 (1) Every employer shall ensure that employees are provided with potable water in sufficient quantity for drinking, personal washing and food preparation.

(2) The potable water shall meet the microbiological quality guidelines set out in the Guidelines for Canadian Drinking Water Quality, prepared by the Federal-Provincial-Territorial Committee on Drinking Water and published by the Department of Health.

4.11 If a portable storage container for potable water is used,

1. (a) the container shall be equipped with an airtight cover that can be securely closed;
   
2. (b) the container shall be used only for the purpose of storing potable water;
   
3. (c) the container shall not be stored in a washroom; and
   
4. (d) the water shall be drawn from the container by a tap, a ladle used only for the purpose of drawing water from the container or any other means that precludes the contamination of the water.

4.12 If potable water is not supplied by a drinking fountain the employer shall provide sanitary single-use drinking cups or bottled water.

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

1. (a) made from potable water; and
   
2. (b) stored and handled in a manner that prevents contamination.

PREPARATION, HANDLING, STORAGE AND SERVING OF FOOD

4.14 (1) Each employee who handles food as part of their duties shall be instructed and trained in food handling practices to follow in order to prevent the contamination of food.

(2) No employee who is suffering from a disease that can be transmitted through the handling of food shall handle food.

4.15 Food stored by an employer for the consumption by employees shall be stored in conditions that will prevent the food from becoming a hazard to the employees when consumed.

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

1. (a) smooth and free from cracks, crevices, pitting or unnecessary indentations; and
   
2. (b) cleaned to maintain their surfaces in a sanitary condition.

4.17 No person shall prepare, store or eat food

1. (a) in a place where a hazardous substance may contaminate food, dishes or utensils;
   
2. (b) in a washroom; or
   
3. (c) in any other place where food is likely to be contaminated.

4.18 (1) If dry ice is used for the refrigeration of food, it shall be

1. (a) contained in a manner that prevents injury to employees; and
   
2. (b) marked, tagged or otherwise identified in a manner that assists employees in using it safely.

(2) An employee who is required to handle or be exposed to dry ice shall be instructed and trained in precautions to be taken for its safe use and procedures to follow in the event of injury.

FOOD WASTE AND GARBAGE

4.19 Food waste and garbage shall be

1. (a) handled in a manner that prevents the contamination of food;
   
2. (b) held in leak-proof, non-absorptive, easily-cleaned containers with tight-fitting covers, in a separate enclosed area or container, until removal for disposal; and
   
3. (c) removed as frequently as is necessary to prevent unsanitary conditions.

CREW EATING AREA

4.20 If meals are provided for employees, the employer shall ensure that a clean and sanitary eating area is provided.

REUSABLE EQUIPMENT

4.21 All reusable equipment that may reasonably be expected to expose an employee to a health hazard shall be maintained in a clean and sanitary condition.

PART 5

HAZARDOUS SUBSTANCES

INTERPRETATION

5.1 The following definitions apply in this Part.

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

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

1. (a) for a gas or vapour, as a percentage in air by volume; and
   
2. (b) for dust, as the weight of dust per volume of air. (limite explosive inférieure)

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

“readily available” means accessible on board an aircraft by electronic or other means. (facilement accessible)

“supplier” means a person who manufactures, processes or packages a hazardous substance or a person who, in the course of business, imports or sells a hazardous substance. (fournisseur)

APPLICATION

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

Division 1

General

Records of Hazardous Substances

5.3 Every employer shall keep and maintain a record of all hazardous substances that are used, handled or stored for use on board an aircraft and may either keep and maintain such a record in the work place or keep and maintain a centralized record in respect of several work places.

Hazard Investigation

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

1. (a) appoint a qualified person to carry out an investigation in that regard; and
   
2. (b) notify the work place committee or the health and safety representative of the proposed investigation, and of the name of the qualified person appointed to investigate, so that they may participate in the investigation.

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

1. (a) the chemical, biological and physical properties of the hazardous substance;
   
2. (b) the routes of exposure to the hazardous substance;
   
3. (c) the acute and chronic effects on health of exposure to the hazardous substance;
   
4. (d) the quantity of the hazardous substance to be handled;
   
5. (e) the manner in which the hazardous substance is stored, used, handled and disposed of;
   
6. (f) the control methods used to eliminate or reduce exposure of the employees to the hazardous substance;
   
7. (g) the concentration or level of the hazardous substance to which an employee is likely to be exposed; and
   
8. (h) whether the concentration of an airborne chemical agent or the level of ionizing or non-ionizing radiation is likely to exceed 50% of the values referred to in section 5.16 or the limits referred to in subsection 5.19(2).

5.5 On completion of the investigation and after consultation with the work place committee or the health and safety representative,

1. (a) the qualified person shall sign a written report setting out
   
   1. (i) the person’s observations respecting the criteria considered in accordance with subsection 5.4(2), and
      
   2. (ii) the person’s recommendations respecting the manner of compliance with sections 5.7 to 5.19, including recommendations respecting sampling and testing methods; and
      
   (b) the employer shall develop and implement a written procedure for the control of the concentration or level of the hazardous substance on board an aircraft.

5.6 The report shall be kept by the employer for a period of 30 years from the day on which the qualified person signs the report.

Medical Examinations

5.7 (1) If the report recommends a medical examination for the employees likely to be exposed to a hazardous substance, the employer shall consult a physician to ascertain the necessity for that medical examination.

(2) For the purposes of subsection (1), a physician shall conclude that a medical examination is necessary only if, in light of the factors referred to in subsection 5.4(2), the likelihood and consequences of exposure to the hazardous substance outweigh the intrusiveness of the medical examination or the disruption to bodily integrity that might be necessary.

(3) If a physician considers that a medical examination is necessary, the employer shall not permit an employee to handle the hazardous substance unless a physician acceptable to the employee has examined the employee and declared the employee fit, or fit with restrictions, to handle the hazardous substance.

(4) For the purposes of determining whether an employee is fit, or fit with restrictions, a physician shall

1. (a) take into account
   
   1. (i) the factors referred to in subsection 5.4(2), and
      
   2. (ii) the likely effects of handling the hazardous substance on the employee’s health and that of other employees and the capacity of the employee to perform the work; and
      
   (b) perform only those tests or examinations that are necessary to make that determination.

(5) If the physician examining an employee under subsection (3) declares the employee fit with restrictions to handle the hazardous substance, the employer shall not permit the employee to handle the hazardous substance except in accordance with the specified restrictions.

(6) If an employer consults a physician under subsection (1), the employer shall keep a copy of the physician’s decision with the report referred to in section 5.5.

(7) The cost of a medical examination referred to in subsection (3) shall be borne by the employer.

Storage, Handling and Use

5.8 Every hazardous substance on board an aircraft shall be stored, handled or used in a manner that minimizes the hazard related to that substance.

5.9 If a hazardous substance is stored, handled or used on board an aircraft, any hazard resulting from that storage, handling or use shall be confined to as small an area as is practicable.

5.10 Every container for a hazardous substance that is used on board an aircraft shall be designed and constructed so that it protects the employees from any health or safety hazard that is caused by the hazardous substance.

5.11 The quantity of a hazardous substance for use or processing on board an aircraft shall, if practicable, be limited to the minimum quantity required.

Warning of Hazardous Substances

5.12 If a hazardous substance is on board an aircraft, signs shall be posted in conspicuous places on board the aircraft warning of the presence of the hazardous substance and stating any precautions to be taken to prevent or reduce any health or safety hazard.

Employee Education

5.13 (1) Every employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, develop and implement an employee education program with respect to hazard prevention and control on board an aircraft, including with respect to hazardous substances.

(2) The employee education program shall include

1. (a) the instruction of each employee who is likely to handle or be exposed to a hazardous substance with respect to
   
   1. (i) the product identifier of the hazardous substance,
      
   2. (ii) all hazard information disclosed by the supplier or by the employer on a material safety data sheet or label,
      
   3. (iii) all hazard information of which the employer is aware or ought reasonably to be aware,
      
   4. (iv) the observations referred to in subparagraph 5.5(a)(i),
      
   5. (v) the information disclosed on a material safety data sheet referred to in section 5.21 and the purpose and significance of that information, and
      
   6. (vi) in respect of controlled products on board an aircraft, the information required to be disclosed on a material safety data sheet and on a label under Division 3 and the purpose and significance of that information;

1. (b) the instruction and training of each employee referred to in paragraph (a) on
   
   1. (i) the procedures to follow in order to implement sections 5.8 and 5.9, and
      
   2. (ii) the procedures to follow for the safe storage, handling, use and disposal of hazardous substances, including procedures to be followed in an emergency involving a hazardous substance; and
      
   (c) if the employer keeps an electronic version of a material safety data sheet available to employees in accordance with subsection 5.26(2), instruction on how to access the material safety data sheet.

(3) Every employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, review the employee education program and, if necessary, revise it,

1. (a) at least once a year;
   
2. (b) whenever there is a change in condition in respect of the hazardous substances on board an aircraft; and
   
3. (c) whenever new hazard information in respect of a hazardous substance on board an aircraft becomes available to the employer.

5.14 The employer shall keep a written or electronic record of the instruction and training given to every employee and shall

1. (a) make it readily available for examination by the employee; and
   
2. (b) keep it for a period of two years from the day on which the employee ceases to handle or be exposed to the hazardous substance.

Substitution of Substances

5.15 (1) No person shall use a hazardous substance on board an aircraft if it is reasonably practicable to use a non-hazardous substance in its place.

(2) If a hazardous substance is to be used for any purpose on board an aircraft and an equivalent substance that is less hazardous is available to be used for that purpose, the equivalent substance shall be substituted for the hazardous substance if reasonably practicable.

Control of Hazards

5.16 (1) No employee shall be exposed to a concentration of an airborne chemical agent in excess of the value for that chemical agent established in the American Conference of Governmental Industrial Hygienists publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs).

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

1. (a) in accordance with the standards set out by the United States National Institute for Occupational Safety and Health in the NIOSH Manual of Analytical Methods; or
   
2. (b) if no specific standards for the chemical agent are listed in the document referred to in paragraph (a), in accordance with a scientifically proven method used to collect and analyze a representative sample of the chemical agent.

(3) A written or electronic record of each determination made under subsection (2) shall be kept by the employer at a location accessible to employees to whom it applies for a period of 3 years from the date of the determination.

(4) The record shall include

1. (a) the date, time and location of the analysis;
   
2. (b) the hazardous substance in respect of which the analysis was made;
   
3. (c) the sampling and testing method used;
   
4. (d) the result obtained; and
   
5. (e) the name and occupation of the person who made the analysis.

5.17 (1) Subject to subsection (2), the concentration of an airborne chemical agent or combination of airborne chemical agents on board an aircraft shall be less than 50% of the lower explosive limit of the chemical agent or combination of chemical agents.

(2) If a source of ignition may ignite an airborne chemical agent or combination of airborne chemical agents on board an aircraft, the maximum concentration of the chemical agent or of the combination of chemical agents shall be 10% of the lower explosive limit of the chemical agent or combination of chemical agents.

Warnings

5.18 If reasonably practicable, the employer shall provide automated warning and detection systems if the consequences of an exposure to a hazardous substance warrants them.

Ionizing and Non-ionizing Radiation

5.19 (1) If a device that is capable of producing and emitting energy in the form of electromagnetic waves or acoustical waves is used on board an aircraft, the radiation to which an employee is exposed shall not exceed the limits recommended in Chapter 2 of Safety Code 6, Limits of Human Exposure to Radiofrequency Electromagnetic Fields in the Frequency Range from 3 kHz to 300 GHz published by the Department of Health.

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

Division 2

Hazardous Substances Other Than Controlled Products

5.20 Every container of a hazardous substance, other than a controlled product, that is stored, handled, used or disposed of on board an aircraft shall be labelled in a manner that discloses clearly the generic name of the substance and the hazard information in respect of the substance.

5.21 If a material safety data sheet in respect of a hazardous substance, other than a controlled product, that is stored, handled, used or disposed of on board an aircraft may be obtained from the supplier of the hazardous substance, the employer shall obtain a copy of the material safety data sheet and make it readily available for examination by employees.

Division 3

Controlled Products

Interpretation

5.22 The following definitions apply in this Division.

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

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

Application

5.23 This Division does not apply in respect of any

1. (a) wood or product made of wood;
   
2. (b) tobacco or product made of tobacco;
   
3. (c) article specially manufactured so as not to release, or otherwise cause a person to be exposed to, a controlled product under normal conditions of use; or
   
4. (d) controlled product that is intended solely for disposal or is sold for recycling or recovery.

Supplier Material Safety Data Sheets

5.24 (1) Subsections (2) to (4) do not apply to a controlled product that is

1. (a) an explosive within the meaning of section 2 of the Explosives Act;
   
2. (b) a cosmetic, device, drug or food within the meaning of section 2 of the Food and Drugs Act;
   
3. (c) a pest control product within the meaning of subsection 2(1) of the Pest Control Products Act;
   
4. (d) a nuclear substance, within the meaning of section 2 of the Nuclear Safety and Control Act, that is radioactive; or
   
5. (e) a product, material or substance included in Part II of Schedule I to the Hazardous Products Act that is packaged as a consumer product.

(2) If a controlled product is received in the work place by an employer, the employer shall, without delay, obtain from the supplier of the controlled product a material safety data sheet, prepared by a supplier under the Hazardous Products Act in respect of the controlled product, unless the employer is already in possession of a supplier material safety data sheet that

1. (a) is for a controlled product that has the same product identifier;
   
2. (b) discloses information that is current at the time that the controlled product is received; and
   
3. (c) was prepared and dated not more than three years before the day on which the controlled product is received.

(3) If there is a controlled product on board an aircraft for which the supplier material safety data sheet is three years old or more, the employer shall, if practicable, obtain from the supplier an up-to-date supplier material safety data sheet.

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

Work Place Material Safety Data Sheets

5.25 (1) Subject to section 5.29, if an employer receives a supplier material safety data sheet, the employer may prepare a work place material safety data sheet to be used on board an aircraft in place of the supplier material safety data sheet if

1. (a) the work place material safety data sheet discloses at least the information disclosed on the supplier material safety data sheet;
   
2. (b) the information disclosed on the work place material safety data sheet does not disclaim or contradict the information disclosed on the supplier material safety data sheet;
   
3. (c) the supplier material safety data sheet is readily available for examination by employees; and
   
4. (d) the work place material safety data sheet discloses that the supplier material safety data sheet is available on board the aircraft.

(2) The employer shall update a work place material safety data sheet and the work place label

1. (a) as soon as practicable but not later than 90 days after the day on which the new hazard information becomes available to the employer; and
   
2. (b) at least once every three years.

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

Availability of Material Safety Data Sheets

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

1. (a) the work place material safety data sheet referred to in subsection 5.25(1); and
   
2. (b) the supplier material safety data sheet.

(2) If the employer keeps an electronic version of the material safety data sheet available for examination by the employees and the work place committee or the health and safety representative, the employer shall

1. (a) take all reasonable steps to maintain the device in which the version may be accessed in good working order; and
   
2. (b) provide the instruction referred to in paragraph 5.13(2)(c) to all employees and to all members of the work place committee or the health and safety representative.

Labels

5.27 (1) Each controlled product in a work place, other than the controlled products listed in subsection 5.24(1), and each container in which the controlled product is contained shall, if the controlled product or the container is received from a supplier,

1. (a) if the controlled product is in a bulk shipment, be accompanied by a supplier label;
   
2. (b) if the employer has agreed in writing to apply a label to the inner container of the controlled product, have applied to it a supplier label, as soon as possible after the controlled product is received from the supplier; and
   
3. (c) in any other case, have applied to it a supplier label.

(2) Subject to section 5.29, if a controlled product, other than a controlled product listed in subsection 5.24(1), is received from a supplier and an employer places the controlled product on board an aircraft in a container other than the one in which it was received from the supplier, the employer shall apply to the container a supplier label or a work place label that discloses the information referred to in paragraphs 5.28(a) to (c).

(3) Subject to sections 5.28 and 5.29, no person shall remove, deface or modify the supplier label applied to a controlled product or its container that is in the work place .

Replacing Labels

5.28 If, in a work place, a label applied to a controlled product or a container of a controlled product becomes illegible or is removed, the employer shall replace the label with a work place label that discloses the following information in respect of the controlled product:

1. (a) the product identifier;
   
2. (b) the hazard information; and
   
3. (c) a statement indicating that a material safety data sheet is available in the work place.

Exemptions from Disclosure

5.29 (1) If an employer has filed, under subsection 11(2) of the Hazardous Materials Information Review Act, a claim for exemption from disclosure of information on a material safety data sheet or on a label, the employer shall disclose, in place of the information that the employer is exempt from disclosing,

1. (a) if there is no final disposition of the proceedings in relation to the claim, the date on which the claim for exemption was registered and the registry number assigned to the claim under that Act; and
   
2. (b) if the final disposition of the proceedings in relation to the claim is that the claim is valid, a statement that an exemption has been granted and the date on which the exemption was granted.

(2) However, if a claim for exemption is in respect of the chemical name, common name, generic name, trade name or brand name of a controlled product, the employer shall, on the material safety data sheet or label of the controlled product, replace that name with a code name or code number specified by the employer as the product identifier for that controlled product.

Prescribed Medical Professional

5.30 For the purposes of subsection 125.2(1) of the Act, a medical professional is a person who is registered as a registered nurse under the laws of a province.

PART 6

SAFETY MATERIALS, EQUIPMENT, DEVICES AND CLOTHING

GENERAL

6.1 (1) If reasonably practicable, every employer shall eliminate or control any health or safety hazards in the work place.

(2) If it is not reasonably practicable to eliminate or control a health or safety hazard, the employer shall provide every person granted access to the work place who may be exposed to the hazard with protection equipment prescribed by this Part.

6.2 All protection equipment shall be designed to protect the person from the hazard for which it is provided and shall not in itself create a hazard.

6.3 All protection equipment provided by the employer shall 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.

PROTECTIVE HEADWEAR

6.4 If there is a risk of head injury, protective headwear shall be used.

PROTECTIVE FOOTWEAR

6.5 (1) If there is a risk of foot injury, protective footwear that is certified, by a certification body accredited by the Standards Council of Canada to grant such certification, as meeting the standards set out in CSA Standard CAN/CSA-Z195-09, Protective Footwear, shall be used.

(2) If there is a risk of slipping, non-slip footwear shall be used.

EYE AND FACE PROTECTION

6.6 If there is a risk of injury to the eyes, face, ears or front of the neck, the employer shall provide an eye or face protector that

1. (a) is certified, by a certification body that is accredited by the Standards Council of Canada to grant such certification, as meeting the standards set out in CSA Standard Z94.3-07, Eye and Face Protectors; and
   
2. (b) offers appropriate protection from the risk.

RESPIRATORY PROTECTION

6.7 If there is a risk of exposure to an airborne hazardous substance or an oxygen-deficient atmosphere, the employer shall provide a respiratory protective device that is selected, fitted, used and maintained in accordance with the manufacturer’s instructions and that, in the case of an oxygen-deficient atmosphere, has a minimum capacity of 15 minutes.

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

SKIN PROTECTION

6.9 If there is a risk of injury or disease to or through the skin, the employer shall provide

1. (a) a shield or screen;
   
2. (b) a cream to protect the skin; or
   
3. (c) an appropriate body covering.

SAFETY RESTRAINING DEVICES

6.10 (1) If a person, other than a person who is exiting from an aircraft, is near an open aircraft door or hatch, the employer shall provide the person with a safety restraining device.

(2) Every safety restraining device shall be secured to the primary structure of the aircraft in a manner that prevents the person using the device from falling out of the aircraft.

CLOTHING

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

6.12 If it is not reasonably practicable to maintain temperatures within the limits referred to in Part 7, the employees shall dress in appropriate clothing.

6.13 If an employer requires that an employee wear a uniform, the employer shall, in consultation with the policy committee or, if there is no policy committee, the workplace committee or the health and safety representative, select the uniform components and fabric and ensure that they protect the health and safety of the employee.

RECORDS

6.14 (1) A record of all protection equipment provided by the employer, other than earplugs and other non-reusable equipment, shall be kept by the employer for a period of two years after the day on which it ceases to be used.

(2) The record shall contain

1. (a) a description of the equipment and the date of its acquisition by the employer;
   
2. (b) the date and result of each inspection and test of the equipment;
   
3. (c) the date and nature of any maintenance work performed on the equipment since its acquisition by the employer; and
   
4. (d) the name of the person who performed the inspection, test or maintenance of the equipment.

INSTRUCTION AND TRAINING

6.15 (1) Every person who uses protection equipment shall be instructed in the use of the equipment.

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

(3) The training referred to in subsection (2) shall be set out in writing and kept readily available by the employer for examination by the employee.

DEFECTIVE PROTECTION EQUIPMENT

6.16 If an employee identifies a defect in protection equipment that may render the protection equipment unsafe for use, the employee shall, as soon as possible, mark or tag the equipment as unsafe for use and report the defect to the person in charge of the aircraft.

PART 7

TEMPERATURE AND LIGHTING

7.1 If reasonably practicable, the air temperature on board an aircraft shall be maintained at a level of not less than 18°C and not more than 29°C.

7.2 Every aircraft shall be provided with sufficient lighting to enable an employee to carry out their duties safely.

PART 8

MATERIALS HANDLING

INTERPRETATION

8.1 The following definitions apply in this Part.

“materials handling equipment” means equipment used to transport, lift, move or position persons, materials, goods or things including auxiliary equipment and rigging devices and includes mobile equipment used to lift, hoist or position persons, but does not include equipment that is affixed to the exterior of an aircraft. (appareil de manutention des matériaux)

“operator” means an employee who controls the operation of materials handling equipment and who has received training in the procedures referred to in subsection 8.5(1). (opérateur)

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

GENERAL

8.2 (1) Materials handling equipment used on board an aircraft shall, if reasonably practicable, be designed and constructed so that failure of any of its parts will not result in loss of control of the equipment or create a hazardous condition.

(2) All glass and other transparent materials used in doors, windows and other parts of materials handling equipment used on board an aircraft shall be of a type that does not shatter into sharp or dangerous pieces on impact.

INSPECTION, TESTING AND MAINTENANCE

8.3 (1) Before materials handling equipment is used for the first time on board an aircraft, the employer shall set out, in writing, instructions on the inspection, testing and maintenance of that equipment.

(2) The instructions shall specify the nature and frequency of inspections, testing and maintenance.

(3) The inspection, testing and maintenance shall be performed by a qualified person who

1. (a) complies with the instructions referred to in subsection (1); and
   
2. (b) makes and signs a report regarding each inspection, test or maintenance work performed by them.

(4) A report shall

1. (a) include the date of inspection, testing or maintenance performed by the qualified person;
   
2. (b) identify the materials handling equipment that was inspected, tested or maintained; and
   
3. (c) set out the safety observations of the qualified person.

(5) The employer shall keep a copy of

1. (a) the instructions referred to in subsection (1) for as long as the materials handling equipment is in use; and
   
2. (b) the report for a period of one year after the day on which the report is signed.

REPAIRS

8.4 (1) Any repair, modification or replacement of a part of any materials handling equipment shall at least maintain the safety factor of the equipment or part.

(2) If a part of less strength or quality than the original part is used in the repair, modification or replacement of a part of any materials handling equipment, the employer shall restrict the use of the equipment to loading and uses that will retain the original safety factor of the equipment or part.

INSTRUCTION AND TRAINING

8.5 (1) Every employer shall ensure that every operator of materials handling equipment on board an aircraft has been instructed and trained in the procedures to be followed for its

1. (a) inspection; and
   
2. (b) safe and proper use, in accordance with any instructions provided by the manufacturer and taking into account the conditions of the work place and the operator’s physical capabilities.

(2) Every employer shall keep a record of the instructions and training for a period of three years from the day on which the training is provided.

OPERATION

8.6 No employer shall require an employee to operate materials handling equipment unless the employee is an operator.

SERVICE CART CONTROL SYSTEMS

8.7 Every service cart used on board an aircraft shall be fitted with braking and other control systems that

1. (a) are capable of safely controlling and stopping its movement; and
   
2. (b) respond reliably and quickly to minimal effort by the operator under normal flight conditions.

SAFE WORKING LOADS

8.8 No materials handling equipment shall be used or operated with a load that exceeds its safe working load.

MANUAL HANDLING OF MATERIALS

8.9 (1) If, because of their weight, size, shape, toxicity or other characteristic, the manual handling of the materials, goods or things on board an aircraft may be hazardous to the health or safety of an employee, the employer shall issue instructions that they not, if reasonably practicable, be handled manually.

(2) In determining whether the manual handling of the materials, goods or things may be hazardous to the health or safety of an employee, the employer shall take into account the frequency and duration of manual handling and the distance, gradient and environmental conditions over which an object is to be manually handled.

8.10 (1) If an employee is required to manually lift or carry loads weighing in excess of 10 kg, the employer shall instruct and train the employee

1. (a) in a safe method of lifting and carrying the loads that will minimize the strain on the body; and
   
2. (b) in a work procedure appropriate to the conditions of the work place and the employee’s physical capabilities.

(2) The employer shall make the instruction and training materials readily available for examination by employees.

TRANSPORTING, POSITIONING AND HOISTING EMPLOYEES

8.11 (1) No materials handling equipment shall be used for transporting an employee on board an aircraft unless the equipment is specifically designed for that purpose.

(2) No materials handling equipment shall be used for positioning or hoisting an employee on board an aircraft unless the equipment is equipped with a platform, bucket or basket designed for that purpose.

DEFECTIVE MATERIALS HANDLING EQUIPMENT

8.12 If an employee identifies a defect in materials handling equipment that may render it unsafe for use, the employee shall, as soon as possible, mark or tag it as unsafe for use and report the defect to the person in charge of the aircraft.

STORAGE OF MATERIALS

8.13 All materials, goods or things shall be stored and placed in such a manner that

1. (a) employees are not subject to excessive strain on the body while handling them; and
   
2. (b) the risk to the health or safety of employees is minimized.

PART 9

FIRST AID

INTERPRETATION

9.1 The following definitions apply in this Part.

“first aid attendant” means an employee who has, in the last three years, successfully completed basic first aid training, standard first aid training or first aid training for flight attendants. (secouriste)

“health unit” means a facility that is under the charge of a physician or a person who is registered as a registered nurse under the laws of a province and that, if it is under the control of the employer, meets the minimum requirements of a first aid room described in Part XVI of the Canada Occupational Health and Safety Regulations. (service de santé)

“incapacitated” means unable to perform assigned duties in the course of employment due to illness or injury. (incapacité)

“medical treatment facility” means a hospital, medical clinic or physician’s office, at which emergency medical treatment can be dispensed. (installation de traitement médical)

GENERAL

9.2 (1) Every employer shall establish and keep up-to-date written instructions for the rendering of first aid to an employee who is incapacitated.

(2) The employer shall make the instructions readily available for examination by employees.

FIRST AID ATTENDANTS

9.3 If there are three or more employees on board an aircraft, at least one of whom is not a flight crew member, one of them shall be a first aid attendant.

9.4 A first aid attendant shall

1. (a) have access to a first aid kit;
   
2. (b) render first aid to employees who are incapacitated;
   
3. (c) if required, accompany an incapacitated employee to a health unit or a medical treatment facility and render first aid in transit;
   
4. (d) in providing care as a first aid attendant, have precedence over anyone not trained in first aid; and
   
5. (e) be responsible for providing care for an incapacitated employee until the treatment is complete or the employee is under the care of an equally or more qualified caregiver.

TRAINING REQUIREMENTS

9.5 (1) If the time required to reach a health unit or a medical treatment facility is two hours or less, the first aid attendant shall have successfully completed a basic first aid course, the elements of which are set out in section 1 of Schedule 1 to this Part, or a first aid course for flight attendants, the elements of which are set out in section 3 of that Schedule.

(2) If the time required to reach a health unit or a medical treatment facility is more than two hours, the first aid attendant shall have successfully completed a standard first aid course, the elements of which are set out in section 2 of Schedule 1 to this Part, or a first aid course for flight attendants, the elements of which are set out in section 3 of that Schedule.

(3) The employer shall determine, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, the elective lesson elements, if any, of the flight attendant first aid training required on any particular flight, taking into account the likelihood of their use.

(4) First aid attendant training courses shall be given by a person who has received the appropriate training from an organization approved by the Minister in accordance with section 9.6.

(5) Basic and standard first aid certificates, basic and standard first aid certifications and first aid certifications for flight attendants are valid for a maximum of three years starting on their date of issue.

TEACHING FIRST AID

9.6 (1) An organization that wants to obtain the approval of the Minister for offering courses or instructional courses in first aid must apply for it in writing to the Minister.

(2) The application shall be accompanied by a description of the proposed courses.

(3) If an application is for approval for offering a course or an instructional course in specialized first aid, including first aid training for flight attendants, it shall be accompanied by a report from the employer, prepared in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, that identifies the first aid training requirements.

(4) The Minister shall approve an application by an organization to offer courses or instructional courses in basic and standard first aid if the organization’s training program contains the applicable elements set out in Schedule 1 to this Part.

(5) The Minister shall approve an application by an organization to offer courses or instructional courses in specialized first aid, including first aid training for flight attendants, if the organization’s training program is appropriate for the work place, having regard to the training requirements identified in the report referred to in subsection (3).

(6) Subject to subsections (7) and (8), a letter of approval from the Minister is valid for a period of five years starting on the date of issue.

(7) The Minister may cancel the approval of an organization under subsection (4) if the organization’s training program no longer contains the applicable elements set out in Schedule 1 to this Part.

(8) The Minister may cancel the approval of an organization under subsection (5) if the organization’s training program is no longer appropriate for the work place.

FIRST AID KITS

9.7 (1) Every first aid kit shall be

1. (a) readily accessible;
   
2. (b) inspected regularly and its contents maintained in a clean, dry and serviceable condition; and
   
3. (c) clearly identified by a conspicuous sign.

(2) Prescription drugs or other medications not included in Schedule 2 to this Part shall not be stored in first aid kits or with additional first aid supplies and equipment listed in Schedule 3 to this Part.

FIRST AID SUPPLIES AND EQUIPMENT

9.8 (1) If there are five or fewer employees working on board an aircraft at any time, the employer shall provide one first aid kit.

(2) If there are from six to 19 employees working on board an aircraft at any time, the employer shall provide two first aid kits.

(3) If there are 20 or more employees working on board an aircraft at any time, the employer shall provide three first aid kits.

(4) If there is no flight attendant working on board an aircraft, the first aid kits shall be of type “A”, the contents of which are set out in Schedule 2 to this Part.

(5) If there is at least one flight attendant working on board an aircraft, the first aid kits shall be of type “B”, the contents of which are set out in Schedule 2 to this Part.

(6) If there are three or more employees working on board an aircraft, the employer shall provide the additional supplies and equipment set out in column 1 of Schedule 3 to this Part in the applicable quantities set out in column 2.

(7) If there are 200 seats or more on board an aircraft, there shall be an additional type “B” first aid kit for each 200 seats.

TRANSPORTATION

9.9 (1) The employer shall provide an ambulance service or other suitable means of transporting an incapacitated employee to a health unit or medical treatment facility.

(2) An incapacitated employee shall be relieved of all duties and transported to a health unit or medical treatment facility as soon as possible.

COMMUNICATION OF INFORMATION

9.10 The employer shall ensure that the following information is readily available to every employee:

1. (a) information regarding first aid to be rendered for any incapacity; and
   
2. (b) information regarding transportation procedures for incapacitated employees.

RECORDS

9.11 (1) A means of recording first aid that has been rendered shall be readily available to an employee on board an aircraft.

(2) An employee who renders first aid shall

1. (a) enter in a first aid record the following information:
   
   1. (i) the full name of the incapacitated employee,
      
   2. (ii) the date, time and location of the occurrence of the incapacity,
      
   3. (iii) the date and time that the incapacity was reported to them,
      
   4. (iv) a brief description of the incapacity,
      
   5. (v) a brief description of the first aid rendered,
      
   6. (vi) a brief description of arrangements made for the treatment or transportation of the incapacitated employee, and
      
   7. (vii) the names of any witnesses, if applicable; and
      
   (b) sign the first aid record beneath the information entered in accordance with paragraph (a).

(3) A copy of each first aid record shall be given to the employer at the first opportunity following the recording of the information.

(4) The employer shall keep the copy of the first aid record containing information entered under subsection (2) for two years starting on the date of that entry.

(5) Persons with access to first aid records shall keep the information contained in the records confidential except as required for the purpose of meeting reporting obligations under Part 10.

(6) On receiving a written request from a provincial workers’ compensation authority or a physician, the employer shall provide an employee with a copy of any first aid record pertaining to the employee’s treatment.

(7) The employer shall maintain a record of the expiry dates of first aid certificates and first aid certifications for first aid attendants and shall make the record readily available to them.

SCHEDULE 1
(Sections 9.5 and 9.6)

SUBJECTS TO BE INCLUDED IN THE COURSES

1. Basic first aid:

1. (a) the provision of basic first aid and the first aid attendant’s role and obligations in relation to basic first aid;
   
2. (b) emergency scene management;
   
3. (c) cardiopulmonary resuscitation (Level A: 1 rescuer, adult casualty);
   
4. (d) medical emergencies;
   
5. (e) shock, unconsciousness and fainting;
   
6. (f) anti-contamination procedures; and
   
7. (g) wounds and bleeding.

2. Standard first aid:

1. (a) the provision of standard first aid and the first aid attendant’s role and obligations in relation to standard first aid;
   
2. (b) emergency scene management;
   
3. (c) cardiopulmonary resuscitation (Level A: 1 rescuer, adult casualty);
   
4. (d) medical emergencies;
   
5. (e) shock, unconsciousness and fainting;
   
6. (f) anti-contamination procedures;
   
7. (g) wounds and bleeding;
   
8. (h) fractures and their immobilization;
   
9. (i) chest injuries;
   
10. (j) head and spinal injuries;
    
11. (k) muscle, ligament and joint injuries;
    
12. (l) burns;
    
13. (m) eye injuries;
    
14. (n) pelvic, genital and abdominal injuries;
    
15. (o) movement and transportation of casualty;
    
16. (p) environmental illnesses and injuries;
    
17. (q) toxicological emergencies; and
    
18. (r) evacuation and transportation of casualties.

3. First aid for flight attendants:

1. (a) compulsory lessons:
   
   1. (i) principles of rendering first aid and in-flight medical emergency scene management (including universal precautions),
      
   2. (ii) shock, unconsciousness and fainting,
      
   3. (iii) artificial respiration (iii) artificial respiration –
      
   4. (iv) artificial respiration (iv) artificial respiration –
      
   5. (v) choking (v) choking –
      
   6. (vi) cardiovascular emergencies,
      
   7. (vii) wounds and bleeding,
      
   8. (viii) fractures, dislocations and sprains,
      
   9. (ix) head and spinal injuries,
      
   10. (x) burns,
       
   11. (xi) asthma, allergies and poisons,
       
   12. (xii) other medical conditions,
       
   13. (xiii) altitude-related conditions, and
       
   14. (xiv) eye injuries; and

1. (b) elective lessons:
   
   1. (i) emergency childbirth and miscarriage,
      
   2. (ii) frostbite and hypothermia,
      
   3. (iii) heat illnesses,
      
   4. (iv) cardiopulmonary resuscitation – adult, child and infant, and
      
   5. (v) toothache.

TESTING METHODOLOGY

4. Practical evaluation: evaluation points and criteria.

5. Written evaluation: example and marking scheme.

INSTRUCTOR QUALIFICATIONS

6. Training program:

1. (a) course content;
   
2. (b) length of the program; and
   
3. (c) evaluation process.

7. Recertification procedures:

1. (a) recertification schedule;
   
2. (b) instructor quality assurance procedures; and
   
3. (c) instructor’s guide.

OTHER ELEMENTS

8. Student reference material: current volume to be submitted for review.

9. Lesson plans:

1. (a) lesson contents; and
   
2. (b) lesson teaching outline.

10. Audio-visual aids.

11. First aid certificate, if applicable: example to be submitted for authentication.

12. Cardiopulmonary resuscitation certificate, if applicable: example to be submitted for authentication.

SCHEDULE 2
(Subsections 9.7(2), 9.8(4) and (5))

CONTENTS OF FIRST AID KITS

Item	Column 1 Supplies and Equipment	Column 2 Quantity (First Aid Kit “A”)	Column 3 Quantity (First Aid Kit “B”)
1.	Antiseptic swabs (10-pack)	1	1
2.	Bandages: adhesive strips	6	20
3.	Bandages: triangular, 100 cm, folded, and 2 safety pins	2	3
4.	First aid kit container	1	1
5.	Abdominal pads (combination dressings), 12 cm x 22 cm	2	4
6.	Dressings: gauze sterile, 10.4 cm x 10.4 cm	8	8
7.	Tweezers	1	1
8.	Gloves: disposable	4	6
9.	Scissors: bandage	1	1
10.	Tape: adhesive, 2.5 cm x 4.5 m	2	2
11.	Blanket: foil type	1	1

SCHEDULE 3
(Subsections 9.7(2) and 9.8(6))

ADDITIONAL SUPPLIES AND EQUIPMENT

Item	Column 1 Supplies and Equipment	Column 2 Quantity per aircraft
1.	Burn dressing (a) on narrow-bodied aircraft (b) on wide-bodied aircraft	1 2
2.	Mouth-to-mouth resuscitation mask with one-way valve	2
3.	Plastic bag: waterproof and sealable for disposal of contaminated waste	1
4.	Bloodborne pathogen kit	1

PART 10

HAZARDOUS OCCURRENCE INVESTIGATION, RECORDING AND REPORTING

INTERPRETATION

10.1 The following definitions apply in this Part.

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

1. (a) prevents an employee from reporting for work or from effectively performing all the duties connected with the employee’s regular work on any day subsequent to the day on which the injury or disease occurred, whether or not that subsequent day is a working day for that employee;
   
2. (b) results in the loss of, or complete loss of the use of, a body member or part of a body member by an employee; or
   
3. (c) results in the permanent impairment of a body function of an employee. (blessure invalidante)

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

“regional office” means the office of the Department of Transport that is administratively responsible for an employee’s assigned base. (bureau régional)

REPORT BY AN EMPLOYEE

10.2 If an employee becomes aware of an accident or other occurrence arising in the course of or in connection with their work that has caused or is likely to cause injury to that employee or to any other person, they shall, without delay, report the accident or other occurrence to their employer, orally or in writing.

INVESTIGATION

10.3 If an employer becomes aware of an accident, occupational disease or other hazardous occurrence affecting any of their employees in the course of employment, the employer shall, without delay,

1. (a) appoint a qualified person to carry out an investigation of the hazardous occurrence;
   
2. (b) notify the work place committee or the health and safety representative of the proposed investigation, and of the name of the qualified person appointed to investigate, so that they may participate in the investigation; and
   
3. (c) take necessary measures to prevent a recurrence of the hazardous occurrence.

TELECOMMUNICATION REPORT

10.4 The employer shall report to a health and safety officer, by telecommunication, the date, time, location and nature of any accident, occupational disease or other hazardous occurrence referred to in section 10.3 that has one of the following results, as soon as possible but not later than 24 hours after becoming aware of that result:

1. (a) the death of an employee;
   
2. (b) a disabling injury to two or more employees;
   
3. (c) the loss of, or complete loss of the use of, a body member or part of a body member by an employee;
   
4. (d) the permanent impairment of a body function of an employee; and
   
5. (e) a fire.

MINOR INJURY RECORD

10.5 (1) Every employer shall keep a record of each minor injury of which the employer is aware that is sustained by an employee in the course of employment, for two years after the injury is sustained.

(2) The record shall contain

1. (a) the date, time and location of the occurrence that resulted in the injury;
   
2. (b) the name of the employee who sustained the injury;
   
3. (c) a brief description of the injury; and
   
4. (d) the causes of the injury.

WRITTEN REPORT

10.6 (1) The employer shall make a report in writing, without delay, in the form set out in Schedule 1 to this Part, setting out the information required by that form, including the results of the investigation referred to in paragraph 10.3(a), if that investigation discloses that the hazardous occurrence resulted in any one of the following circumstances:

1. (a) a disabling injury to an employee;
   
2. (b) an electric shock, toxic atmosphere or oxygen-deficient atmosphere that caused an employee to faint or lose consciousness; or
   
3. (c) the implementation of rescue, revival or other similar emergency procedures affecting an employee.

(2) The employer shall submit a copy of the report

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

ANNUAL REPORT

10.7 (1) Every employer shall, not later than March 1 of each year, submit to the Minister a written report setting out the number of accidents, occupational diseases and other hazardous occurrences of which the employer is aware affecting any employee in the course of employment on board an aircraft during the 12-month period ending on December 31 of the preceding year.

(2) The report shall contain the information referred to in the form set out in Schedule 2 to this Part.

RETENTION OF REPORTS

10.8 Every employer shall keep a copy of

1. (a) the report referred to in subsection 10.6(1) for a period of five years after the hazardous occurrence; and
   
2. (b) the report submitted under subsection 10.7(1) for a period of two years after the submission of the report to the Minister.

SCHEDULE 1
(subsection 10.6(1))

SCHEDULE 2
(Subsection 10.7(2))

PART 11

REPEAL AND COMING INTO FORCE

REPEAL

11. The Aviation Occupational Safety and Health Regulations (see footnote 1) are repealed.

Coming into force

12. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issue

The repeal of the Aviation Occupational Safety and Health Regulations (AOSHR) and their replacement by the new Aviation Occupational Health and Safety Regulations (AOHSR) has been made pursuant to Part II of the Canada Labour Code (Code), the purpose of which is to prevent accidents and injury to health arising out of, linked with or occurring in the course of employment within the federal jurisdiction. The AOHSR set standards for federally regulated employers in the aviation sector to protect the health and safety of employees (e.g., pilots and flight attendants) while taking account of the particular characteristics of the aircraft as a work place. Employees to whom the AOHSR apply are protected under the Canadian Occupational Health and Safety Regulations (COHSR) when they are not on board aircraft.

A review of the AOSHR was initiated in 1992 following the Regulatory Review Advisory Panel recommendation that pointed to the Regulations being inconsistent with amendments made to the COHSR. Additionally, the AOSHR required update in order to incorporate current technology and industry standards.

Objectives

The objective of the repeal of the AOSHR and their replacement by the new AOHSR is to ensure consistency between the health and safety standards for federally regulated employers in the aviation sector, the COHSR and the Canadian Aviation Regulations (CARs). These measures will help ensure that those working on board aircraft and those working on the ground enjoy similar health and safety protection, recognizing that employees working on board aircraft have specific work conditions.

Description

The most significant changes are to the first aid requirements to make them more industry-specific. The provision of first-aid kits has been modified (i.e. a greater quantity of kits with fewer prescribed items in them is now required) and requirements for first-aid training have been changed (i.e. a qualified first-aid attendant is only required on board an aircraft operating with three or more employees, where at least one employee is not a flight crew member).

Other changes also include the provision of more adequate sanitary conditions for employees working on board aircraft in operation; enhanced protection regarding noise reduction; electrical safety; materials handling and deficiency in reporting procedures.

Regulatory and non-regulatory options considered

The AOSHR Review Working Group, comprised of employer and employee representatives, considered options for retaining, revoking or amending the existing Regulations. While retaining the existing AOSHR would not resolve the current incompatibility with the COHSR, revoking them would likely result in less protection for employees working on board aircraft and would not achieve the fundamental purpose of modernizing and updating work place health and safety regulations in the aviation sector. Therefore, it was agreed that the existing AOSHR would be repealed and replaced by the AOHSR in order to eliminate inconsistencies with the COHSR and to incorporate updated standards.

Benefits and costs

A cost-benefit analysis of the proposal was completed in July 2008 by the Research and Analysis Unit, Occupational Health and Safety Division, Labour Program.

A detailed cost-benefit report entitled Impact Assessment: Proposed Aviation Occupational Health and Safety Regulations is available from HRSDC-Labour Program (P. Reeder and J. Gilks, Research and Analysis Unit, Occupational Health and Safety Division). It includes a description of the detailed methodology used in the cost-benefit analysis. Requests may be sent by email to paul.reeder@labour-travail.gc.ca.

The most significant economic benefit expected from the implementation of the AOHSR stems from the expected savings to aircraft operators as a result of new requirements governing the presence of first-aid attendants on board aircraft. A qualified first-aid attendant is only required on board an aircraft operating with three or more employees where at least one employee is not a flight crew member. This will translate into savings for the aircraft industry of approximately $2.9 million per year.

In addition, it is expected that new requirements governing first-aid kits will result in annual estimated savings in the range of $150,000 for aircraft operators that do not operate passenger aircraft. This measure will increase costs for passenger aircraft operators by $35,000 annually due to a slight increase in the quantity of first aid kits and supplies required. The AOHSR now allocate first aid kits and supplies according to both the number of seats and crew members rather than by crew members only. However, across the federal jurisdiction as an aggregate, the AOHSR are expected to result in a net annual cost-saving of approximately $100,000 because the costs per first-aid kit are significantly lower (even after the cost for prescribed additional supplies is included). This is because cost reductions for non-passenger aircraft operators will exceed the additional outlays expected for passenger carriers.

The total net benefits, expressed in constant 2008 dollars and discounted at 8% per year over 20 years, are estimated to be $27.8 million.

A few operators have expressed concerns regarding the provision of a foil blanket, which will now need to be included in the first aid kit. The concern was that the foil blanket would necessitate a larger kit than is currently in use; however, the AOHSR no longer prescribe the inclusion of several other items which will ensure enough room in the kit for its inclusion.

Table 1: Summary of Economic Benefits and Costs to all Canadians (select years)

Cost-Benefit Statement	Base Year: 2011	Final Year: 2030	Total (PV)	Annual Average
A. Quantified Impacts
Benefits	$2,538,585	$3,496,953	$28,183,575	$2,993,577
Costs	$30,338	$41,791	$336,815	$35,775
Net Benefits	$2,508,247	$3,455,162	$27,846,760	$2,957,802
B. Quantified Impacts in Non-$
Positive Impacts
Negative Impacts
C. Qualitative Impacts
Enhanced consistency of the AOHSR with the COHSR and CARs.

Rationale

The repeal of the AOSHR and their replacement by the new AOHSR will enhance the consistency of these Regulations with the COHSR and CARs. In addition, these measures take current technological innovations and standards into account and this will lead to greater protection from health and safety hazards for on-board aircraft employees. Finally, the streamlining of first-aid training towards non-flight crew employees will allow aircraft operators to allocate resources more efficiently and this is expected to result in significant savings for the industry.

Consultation

A Steering Committee was established in 1994 to oversee the review of the AOSHR. It was comprised of a representative from the Canadian Labour Congress, the Air Transport Association of Canada (ATAC), the Québec Air Transport Association (QATA) and the Canadian Union of Public Employees (CUPE), chaired by the Director of Commercial and Business Aviation Branch of Transport Canada. In 1995, Transport Canada established the AOSHR Review Working Group where both employee and employer representatives were represented. The group included representatives from the Canadian Labour Congress, CUPE - Airline Division, Canadian Auto Workers, Teamsters, Air Canada (who spoke also on behalf of ATAC), Canadian Airlines, Air Nova and First Air.

The Working Group was co-facilitated by a representative from Transport Canada and HRSDC-Labour Program. The Working Group conducted 12 meetings between February 1995 and February 1997 for a total of 27 working days. A complete list of Working Group members as well as summary notes of all meetings is available upon request from Transport Canada. Further consultations have been done by Transport Canada, the most recent of which took place in November 2010. The HRSDC-Labour Program guidelines for consultations, which required an equal representation between employer and employee representatives, were followed throughout the Working Group review and revision of the Regulations as agreed by the Steering Committee.

Following the working group, four non-consensus issues were referred to the Steering Committee: designated washrooms for crew members; in-flight crew rest and sleeping facilities; respiratory devices and air quality. Three of the four issues were resolved at the meeting of April 23, 1998:

(1) An agreement was reached that, where reasonably practicable, the employer shall provide a lavatory for employees working on board aircraft.

(2) An agreement was also reached regarding in-flight crew rest and sleeping facilities. This provision has been removed from the Regulations as a result of comments received from stakeholders following the publication of the proposed Regulations in the Canada Gazette, Part I, in 2006.

(3) Although an agreement was initially reached to supply flight attendants with at least 20 minutes of oxygen in cases of oxygen-deficiency, following technical analysis by Transport Canada, this agreement was amended to require at least 15 minutes of oxygen in order to ensure consistency with the CARs (section 705.71). Furthermore, in the case of a pressurized aircraft, flight attendants are to be provided with a minimum of 30 minutes of supplemental oxygen in accordance with subsection 605.31(2) of the CARs.

(4) Finally, regarding the unresolved issue pertaining to air quality, the Steering Committee formed a working group of air quality specialists to examine the scientific evidence. Although the working group began its work, it did not continue due to disagreement regarding representation. Currently, Canada, along with Germany, the United Kingdom, and United States is engaged in a ten-year project on this issue.

Pre-publication 2006

A proposal was published in the Canada Gazette, Part I, on September 30, 2006. Comments were received from seven different sources including ATAC and CUPE, two of the more prominent stakeholders in aviation in Canada. While CUPE wanted the proposed Regulations to be more comprehensive, ATAC was not supportive of the proposed changes as presented. A disposition of comment document, developed by Transport Canada Civil Aviation and reviewed by the HRSDC-Labour Program, was provided to stakeholder organizations.

The most contentious issue noted following pre-publication in 2006 was related to the provision of more adequate crew rest and sleeping facilities for employees working on board aircraft. Stakeholders were concerned with the potential cost of implementing such a proposal. Therefore, this provision was withdrawn from the proposal.

In March 2009, additional consultations took place between Transport Canada, the National Airlines Council of Canada (NACC is a new association formed on January 21, 2009 regrouping Air Canada, Air Transat, Jazz Air LP and WestJet), ATAC and CUPE. The airline stakeholders’ main concern pertained to the choice of consultative process. The consultative process used was the HRSDC-Labour consultation mechanism, which is unfamiliar to the airline industry. Some airline stakeholders preferred participation via the Canadian Aviation Regulation Advisory Council (CARAC) process used by Transport Canada when developing aviation technical standards.

The HRSDC-Labour consultation process was considered to be more appropriate because the AOHSR are primarily aimed at working conditions rather than technical standards and they ensure that employer and employee associations have an equal opportunity to raise their respective concerns.

The employee organizations are supportive of these new Regulations, although they would prefer that the sections in the original version pertaining to crew rest and sleeping facilities be retained. It should also be noted that their preference is that in cases of oxygen-deficient atmosphere, at least 20 minutes of supplementary oxygen would be retained (instead of the stated at least 15 minutes in the AOHSR).

Pre-publication 2009

Because a period of more than 18 months had elapsed since the first pre-publication and because several changes had been made in the revised proposal, the proposed Regulations were published for a second time in the Canada Gazette, Part I, on September 19, 2009.

A number of questions and comments regarding a range of subjects were received. Comments were reviewed and addressed bearing in mind the overall objective of harmonizing the AOHSR provisions with those of the COHSR, while recognizing the specific working conditions in the aviation sector.

The majority of comments from stakeholders related to discrepancies between the proposed AOHSR and the COHSR. In response, the discrepancies were duly corrected to ensure consistency between the two. A number of questions were also asked to obtain a better understanding of the Regulations. To answer these questions, HRSDC-Labour Program and Transport Canada met with the stakeholders during the summer and fall 2010.

Implementation, enforcement and service standards

The purpose of the Labour Program’s compliance policy is twofold. It provides employers and employees with a better understanding of the mechanism used to achieve compliance with the Code and it outlines the steps that the Labour Program would take to ensure compliance with the Code. Compliance with occupational health and safety requirements is monitored through a number of techniques described in the text below.

Implementation is expected to take several months during which time Transport Canada would provide briefings to industry and unions. A 90% compliance rate is anticipated for the implementation of the new first-aid kit requirements, which are to refit existing first-aid kits, to purchase new ones and to ensure that they are placed on-board all aircraft under federal jurisdiction. Enforcement would begin four to six months after implementation.

Policy and work place health and safety committees are the primary mechanism through which employers and employees work together to solve job-related health and safety problems. Consulting with employer and employee groups during the development of the amendments and additionally, following implementation of the amended Regulations by the promotion of public information and educational programs, usually at worksites, helps to ensure that the Code and the regulations are understood and accepted by all parties.

Health and safety officers assist the industry in establishing and implementing policy, work place health and safety committees, and related programs. The statutory powers of health and safety officers allow them to enter a work place and perform various activities to enforce compliance with the Code and the Regulations. For example, they may conduct safety audits and inspections, or they may investigate the circumstances surrounding the report of a contravention, work accident, refusal to work, or hazardous occurrence.

Enforcement actions for non-compliance may range from the issuance of a written notice to further steps such as the initiation of a prosecution. Initially, an attempt to correct non-compliance with the Regulations which does not represent a dangerous condition is made through the issuance of an Assurance of Voluntary Compliance (AVC), a written commitment issued by a health and safety officer to confirm that a contravention would be corrected by the employer within a specified time. Failure to complete the corrective actions specified in the AVC leads to the issuing of a direction, a written notice also issued by a health and safety officer in order to correct a contravention within a specified time. A direction is issued whenever a dangerous condition exists and when an AVC is not obtainable or has not been fulfilled. If non-compliance continues, prosecution is initiated. Offences can lead to imprisonment. The maximum penalty for offences is, on summary conviction, a fine of $1 million, or on conviction on indictment, imprisonment for up to two years and/or a fine of $1 million.

Contacts

Jacques D. Servant
Chief
Aviation Occupational Health and Safety Program
Standards Branch
Civil Aviation
Transport Canada
330 Sparks Street, 4th Floor
Ottawa, Ontario
K1A 0N8
Telephone: 613-991-1271
Fax: 613-954-1602
Email: jacques.servant@tc.gc.ca

Bruce Kennedy
Policy Analyst
Occupational Health and Safety Policy Unit
Labour Program
165 Hôtel-de-Ville Street, 10th Floor
Gatineau, Quebec
K1A 0J2
Telephone: 819-994-0938
Fax: 819-953-1743
Email: bruce.kennedy@labour-travail.gc.ca

Footnote a
S.C. 2000, c. 20, s. 5

Footnote b
S.C. 2000, c. 20, s. 6

Footnote c
S.C. 2000, c. 20, s. 7

Footnote d
S.C. 2000, c. 20, s. 8

Footnote e
S.C. 2000, c. 20, s. 20

Footnote f
R.S., c. L-2

Footnote 1
SOR/87-182; SOR/94-34