Canada–Newfoundland and Labrador Offshore Area Occupational Health and Safety Regulations: SOR/2021-247

Canada Gazette, Part II, Volume 155, Number 26

Registration
SOR/2021-247 December 13, 2021

CANADA–NEWFOUNDLAND AND LABRADOR ATLANTIC ACCORD IMPLEMENTATION ACT

P.C. 2021-1005 December 9, 2021

Whereas, pursuant to subsection 205.125(1)footnote a of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Actfootnote b, a copy of the proposed Canada–Newfoundland and Labrador Offshore Area Occupational Health and Safety Regulations, substantially in the annexed form, was published in the Canada Gazette, Part I, on July 24, 2021 and a reasonable opportunity was given to interested persons to make representations to the Minister of Natural Resources with respect to the proposed Regulations;

Whereas, pursuant to subsection 7(2)footnote c of that Act, the Minister of Natural Resources consulted the minister of the government of Newfoundland and Labrador who is responsible for occupational health and safety with respect to the proposed Regulations and that minister approved the making of the Regulations;

And whereas, pursuant to subsection 7(1)footnote d of that Act, the Minister of Natural Resources consulted the Provincial Minister for Newfoundland and Labrador with respect to Part 33 of the proposed Regulations and that minister approved the making of that Part;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, the Minister of Labour and the Minister of Transport, pursuant to paragraphs 149(1)(f)footnote e and 205.001(3)(a)footnote a and section 205.124footnote a of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act footnote b, makes the annexed Canada–Newfoundland and Labrador Offshore Area Occupational Health and Safety Regulations.

TABLE OF PROVISIONS

Canada–Newfoundland and Labrador Offshore Area Occupational Health and Safety Regulations

PART 1

General

1 Definitions

2 Incorporation by reference

3 Inconsistency or conflict

PART 2

Occupational Health and Safety Management and Oversight

4 Occupational health and safety policy

5 Occupational health and safety management system

6 Occupational health and safety program

7 Workplace committee

8 Record keeping

9 Posting of documents

PART 3

Reporting and Investigation

10 Report to supervisor or employer

11 Report to employer with control

12 Employer obligations

13 Notification of Chief Safety Officer

14 Investigation

PART 4

Training — General

15 Provision of general training

16 Competent person

17 Records

PART 5

Emergency Response and Preparedness

18 Emergency response plan

19 Posting of information

20 Instruction and training

21 Means of evacuation

22 Emergency equipment

23 Emergency alert system

24 Emergency power source

25 Emergency descent control

26 Fire and explosion

27 Firefighting equipment

28 Fire team equipment

29 Falls into ocean

30 Emergency drills and exercises

PART 6

First Aid and Medical Care

31 Operator’s obligations

32 Employer obligations

33 Medics

34 First aiders

35 Treatment records

PART 7

Employee Well-being

36 Occupational health and safety program

37 Impairment

38 Fatigue training

39 Rest periods

40 Thermal stress

41 Musculoskeletal injury

42 Workplace violence and harassment

43 Disruptive behaviour

PART 8

Personal Protective Equipment

44 Employee obligations

45 Requirements

46 Prescribed equipment

47 Respiratory protective equipment

48 Personal gas monitoring device

49 Records

PART 9

Passengers in Transit

50 Transit by helicopter

51 Transit by vessel

52 Safe entry and exit

PART 10

Work Permits

53 Contents

54 Occupational health and safety program

55 Employer obligations

PART 11

Facilities

56 Application

57 Accommodations area

58 Washrooms

59 Portable toilet units

60 Handwashing facilities

61 Showers

62 Changing facilities

63 Sleeping quarters

64 Dining area

65 Smoking areas

PART 12

Sanitation and Housekeeping

66 Waste material

67 Pests

68 Cleanliness and orderliness

69 Storage

PART 13

Food and Potable Water

70 Food safety

71 Potable water

PART 14

Lighting

72 Non-application

73 Minimum levels

74 Emergency lighting

75 Handling, storage and disposal

PART 15

Sound Levels

76 Unimpeded communication

77 Noise

PART 16

Ventilation

78 Air quality

79 Ventilation system

80 Internal combustion engine

PART 17

Structural Safety

81 Movement within workplace

82 Doors

83 Guard-rails

84 Wall and floor openings and open edges

85 Open-top enclosures

86 Structural openings

PART 18

Equipment, Machines and Devices

87 Requirements

88 Removal from service

89 Hair, clothing and accessories

90 Pedestrian passage

91 Standards

92 Fuelling

PART 19

Elevators and Personnel Lifts

93 Standards

94 Elevator documentation

PART 20

Ladders, Stairs and Ramps

95 Application

96 Ship’s ladder

97 Requirement to install

98 Stairs, ramps and fixed ladders

99 Temporary stairs

100 Ramps

101 Fixed ladders

102 Portable ladders

PART 21

Scaffolding and Platforms

103 Definition of elevating work platform

104 Use — general

105 Prevention of contact

106 Scaffolds

107 Elevating work platforms

PART 22

Fall Protection and Rope Access

108 Risk of falling

109 Means of protection

110 Rope access

111 Work permit

112 Instruction and training

PART 23

Falling Objects

113 Risk of injury

PART 24

Materials Handling

114 Definitions

115 Lifting risks

116 Work permit

117 Prohibitions

118 Hazardous conditions

119 Manual handling

120 Rated capacity

121 Materials handling equipment

122 Cranes and hoists

123 Wire rope clips

124 Mobile equipment

125 Additional standards

126 Personnel transfer

127 Signalling

128 Inspection

129 Instruction and training

PART 25

Confined Spaces

130 Evaluation

131 Occupational health and safety program

132 Work permit

133 Entry and occupation requirements

134 Atmosphere

135 Attendants

136 Instruction and training

137 Completion of work

PART 26

Hot Work

138 Risks

139 Work permit

140 Requirements

PART 27

Hazardous Energy

141 Definitions

142 Occupational health and safety program

143 Work permit

144 Employer obligations

145 Approach boundaries

PART 28

Compressed Gas

146 Hose lines

147 Compressed gas cylinders

148 Portable compressed gas cylinders

PART 29

Abrasive Blasting and High-Pressure Washing

149 Employer obligations

PART 30

Explosives

150 Definition of activity involving an explosive

151 Occupational health and safety program

152 Work permit

153 Employer obligations

PART 31

Hazardous Substances

154 Definitions

155 Occupational health and safety program

156 Investigation and assessment

157 Employer obligations

158 Identification

159 Hazardous products — labelling

160 Hazardous products — safety data sheets

161 Exemption from requirement to disclose

162 Instruction and training

163 Provision of information in emergency

PART 32

Diving

164 Definitions

165 Occupational health and safety program

166 Prohibitions

167 Instruction

168 Dive safety specialists

169 Emergency response plan

170 Emergency drills and exercises

171 Dive project plan

172 Dive contractor obligations

173 Dive record

PART 33

Related Amendments to the Newfoundland Offshore Certificate of Fitness Regulations

174

175

PART 34

Coming into Force

176 January 1, 2022

SCHEDULE 1

SCHEDULE 2

Canada–Newfoundland and Labrador Offshore Area Occupational Health and Safety Regulations

PART 1

General

Definitions

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

accommodations area
means the area of a marine installation or structure that contains the sleeping quarters, dining areas, food preparation areas, general recreation areas, office areas and medical rooms, and includes all washrooms in that area. (aire d’habitation)
Act
means the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act. (Loi)
advanced first aid certificate
means a certificate evidencing the holder’s successful completion of a training program whose curriculum conforms to the curriculum for advanced first aid set out in CSA Group standard Z1210, First aid training for the workplace – Curriculum and quality management for training agencies, or, in the case of marine crew on a vessel, whose curriculum conforms to Chapter 4 of Department of Transport publication TP 13008, Training Standards for Marine First Aid and Marine Medical Care. (certificat en secourisme avancé)
ANSI
means the American National Standards Institute. (ANSI)
ASME
means the American Society of Mechanical Engineers. (ASME)
biological exposure index
means the biological exposure index established for a substance or agent by the American Conference of Governmental Industrial Hygienists in its publication TLVs and BEIs: Based on the Documentation of the Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices. (indice biologique d’exposition)
competent person
means a person who, in respect of a task,
  • (a) has the knowledge, training and experience necessary to do the task in a manner that protects the health and safety of all persons at the workplace; and
  • (b) has knowledge of the provisions of the Act, these Regulations and the occupational health and safety program that apply to the task and of the potential or actual danger that the task poses to the health or safety of persons. (personne compétente)
confined space
means an enclosed or partially enclosed space that
  • (a) is not designed or intended for human occupancy except on a temporary basis for the purpose of performing a specific task;
  • (b) is or may become hazardous to a person in it, including by reason of its design, construction, location or atmosphere or the materials or substances it contains, without regard to any protection that may be afforded to the person through the use of personal protective equipment or additional ventilation; and
  • (c) has restricted means of access and egress, or an internal configuration, that could make first aid, evacuation, rescue or other emergency response services difficult to provide. (espace clos)
de-energized,
in respect of any equipment, machine, device or system, or any component of one of those things, means that it is disconnected from all energy sources and void of any residual or stored energy. (hors tension)
dive project
means any work or activity for which an authorization to dive has been issued. (projet de plongée)
electrical equipment
means equipment that uses electricity or that is used for the generation or distribution of electricity. (équipement électrique)
energized,
in respect of an electrical conductor, a circuit part or electrical equipment, means that it is a source of voltage or is electrically connected to a source of voltage. (Version anglaise seulement)
energy
includes electrical, mechanical, hydraulic, pneumatic, chemical, radiant, thermal and gravitational energy. (énergie)
energy-isolating device
means a device that physically prevents the transmission or release of energy or a substance that is a source of energy, including
  • (a) a manually operated electrical circuit breaker;
  • (b) a disconnect switch;
  • (c) a manually operated switch by means of which the conductors of a circuit can be disconnected from all ungrounded supply conductors;
  • (d) a valve; or
  • (e) a blind, blank or blocking seal. (dispositif d’isolation des sources d’énergie)
environmental conditions
means meteorological, oceanographical and other natural conditions, including ice conditions, that may affect operations at a workplace. (conditions environnementales)
first aider
means a person who holds a valid standard first aid certificate or advanced first aid certificate or who meets the requirements referred to in subsection 33(1) but is not a medic. (secouriste)
hazard information,
in respect of a hazardous substance, means information respecting the health and physical hazards posed by the substance and respecting its proper and safe storage, handling, use and disposal. (renseignements sur les risques)
hazardous product
has the same meaning as in section 2 of the Hazardous Products Act. (produit dangereux)
high-pressure washing
means the use of water or another liquid delivered from a pump at a pressure exceeding 10 MPa, with or without the addition of solid particles, to remove unwanted matter from a surface. (lavage sous haute pression)
hot work
means any work or activity, other than the use of explosives, that involves the use of or is likely to produce fire, sparks or another source of ignition. (travail à chaud)
IMO Resolution MSC.81(70)
means the annex to International Maritime Organization Resolution MSC.81(70), Revised Recommendation on Testing of Life-Saving Appliances. (résolution MSC.81(70) de l’OMI)
lockout
means the securing, in accordance with the procedures referred to in paragraph 142(b), of a lockout device on an energy-isolating device that is being used to isolate the energy source of a piece of equipment, machine, device or system. (cadenassage)
lockout device
means a device that prevents the manipulation or removal of an energy-isolating device. (dispositif de cadenassage)
LSA Code
means the annex to International Maritime Organization Resolution MSC.48(66), International Life-Saving Appliance (LSA) Code. (recueil LSA)
materials handling equipment
means equipment, other than an elevator or personnel lift, that is used to transport, lift, move or position things or persons and includes gear and devices used in conjunction with other equipment in carrying out those functions. (équipement de manutention)
medic
means a person designated under subsection 33(1). (technicien médical)
mobile equipment
means wheeled or tracked materials handling equipment that is engine- or motor-powered, together with any attached or towed equipment. (équipement mobile)
occupational health and safety program
means the occupational health and safety program referred to in section 205.02 of the Act. (programme de santé et de sécurité au travail)
piping system
means an assembly of pipes, pipe fittings, valves or other control or safety devices, pumps, compressors and other fixed equipment. (réseau de canalisations)
professional engineer
means a competent person who is registered or licensed to engage in the practice of engineering under the laws of the province in which they practise. (ingénieur)
rated capacity
means the maximum load that equipment can handle or support safely, including, if applicable, in a given operational position or configuration, without regard to environmental conditions. (capacité nominale)
safety data sheet
has the same meaning as in section 2 of the Hazardous Products Act. (fiche de données de sécurité)
specialized dive physician
means a physician who is licensed to practise medicine in Canada and
  • (a) meets the competencies of a Level 3 Physician set out in CSA Group standard Z275.4, Competency standard for diving, hyperbaric chamber, and remotely operated vehicle operations; or
  • (b) possesses a diploma in hyperbaric medicine with a focus on diving medicine from the Royal College of Physicians and Surgeons of Canada and has completed training in saturation diving medicine that is recognized by that College. (médecin de plongée spécialisé)
standard first aid certificate
means a certificate evidencing the holder’s successful completion of a training program whose curriculum conforms to the curriculum for intermediate first aid set out in CSA Group standard Z1210, First aid training for the workplace – Curriculum and quality management for training agencies or, in the case of marine crew on a vessel, whose curriculum conforms to Chapter 3 of Department of Transport publication TP 13008, Training Standards for Marine First Aid and Marine Medical Care. (certificat en secourisme général)
threshold limit value
means the threshold limit value established for a substance or agent by the American Conference of Governmental Industrial Hygienists in its publication TLVs and BEIs: Based on the Documentation of the Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices. (valeur limite d’exposition)
work area
means the specific area in which an employee carries out their tasks. (espace de travail)
work permit
means a permit referred to in section 53. (permis de travail)

Definitions under Part III.1 of Act

(2) The following definitions apply for the purposes of Part III.1 of the Act.

diving operation
means any work or activity related to a dive — including any work or activity involving a diver or carried out by a person assisting a diver — that takes place from the start of pressurization or descent to the end of depressurization or ascent. (opération de plongée)
incident
means an event that resulted in any of the following occurrences or in which any of the following occurrences was narrowly avoided:
  • (a) death;
  • (b) serious injury within the meaning of subsection 205.017(5) of the Act;
  • (c) missing person;
  • (d) fire or explosion;
  • (e) collision;
  • (f) exposure to a hazardous substance in excess of the threshold limit value or biological exposure index for that substance;
  • (g) impairment of any structure, facility, equipment or system critical to the safety of persons; or
  • (h) implementation of emergency response procedures. (événement)

Incorporation by reference

2 (1) In these Regulations, any incorporation by reference of a document is an incorporation by reference of that document as amended from time to time.

Bilingual documents

(2) Despite subsection (1), if a document that is incorporated by reference is available in both official languages, any amendment to it is incorporated only when the amended version is available in both official languages.

Inconsistency or conflict

3 (1) In the event of any inconsistency or conflict among provisions of these Regulations, including those that incorporate documents by reference, the provision that imposes the most stringent requirement applies.

Other regulations

(2) In the event of any inconsistency between an obligation imposed by these Regulations and an obligation in respect of occupational health and safety that is imposed by the Newfoundland Offshore Petroleum Installations Regulations or the Newfoundland Offshore Petroleum Drilling and Production Regulations, these Regulations prevail, regardless of whether the obligations are imposed on the same person.

PART 2

Occupational Health and Safety Management and Oversight

Occupational health and safety policy

4 The occupational health and safety policy referred to in section 205.011 of the Act must contain

Occupational health and safety management system

5 (1) The occupational health and safety management system referred to in section 205.015 of the Act must set out procedures for

Auditing

(2) The audit referred to in paragraph 205.015(2)(g) of the Act must be carried out at as soon as practicable after each of the following occurrences and, in any event, at least once every three years:

Improvements

(3) The operator must implement any improvements identified during the audit referred to in paragraph 205.015(2)(g) of the Act as soon as practicable.

Occupational health and safety program

6 (1) Every occupational health and safety program must

Auditing

(2) The audit referred to in paragraph 205.02(2)(h) of the Act must be carried out at as soon as practicable after any of the following occurrences and, in any event, at least once every three years:

Improvements

(3) The employer must implement any improvements identified during the audit referred to in paragraph 205.02(2)(h) of the Act as soon as practicable.

Workplace committee

7 (1) A workplace committee that establishes rules of procedure must include among them

Minutes

(2) Every workplace committee must, for the purpose of paragraph 205.043(4)(d) of the Act, provide a copy of the minutes of its committee meetings to any employee on request.

Record keeping

8 All records that are required under the Act to be kept must be maintained in a manner that ensures their accessibility.

Posting of documents

9 (1) The period for which an operator or employer, as the case may be, must ensure that a document is posted under paragraph 205.097(4)(a) of the Act is at least 45 days.

Appeal

(2) If a decision or order is appealed under subsection 205.1(1) of the Act, the operator or employer, as the case may be, must ensure that all related documents referred to in paragraphs 205.097(1)(a) to (d) of the Act remain posted until the 45th day after the day on which the decision or order is revoked, confirmed or varied under subsection 205.1(6) of the Act.

PART 3

Reporting and Investigation

Report to supervisor or employer

10 An employee who becomes aware of an occupational disease or an accident, incident or other hazardous occurrence at the workplace must, without delay, report it to their supervisor or their employer, orally or in writing.

Report to employer with control

11 A supervisor to whom or employer to which — if that employer does not have control over the workplace — an occupational disease, accident, incident or other hazardous occurrence is reported under section 10 must, without delay, report it to the employer with control over the workplace, orally or in writing.

Employer obligations

12 An employer that becomes aware of an occupational disease or an accident, incident or other hazardous occurrence at a workplace under its control must, without delay,

Notification of Chief Safety Officer

13 An operator that is required under subsection 205.017(1) of the Act to notify the Chief Safety Officer of an occupational disease, accident, incident or other hazardous occurrence must do so in writing.

Investigation

14 (1) An operator that is required, under subsection 205.017(2) of the Act, to investigate an occupational disease, accident, incident or other hazardous occurrence must obtain, within 14 days after the day on which it becomes known to the operator, a report, prepared by a competent person and accompanied by supporting documentation, that sets out, in respect of the disease, accident, incident or other occurrence and to a level of detail that is proportional to its actual or potential severity,

Report

(2) The operator must submit a copy of the report and supporting documentation without delay to

Material change

(3) If the operator becomes aware of new information that may result in a material change to the report, the operator must obtain an updated report and supporting documentation and submit a copy without delay to the persons referred to in paragraphs (2)(a) and (b).

Records

(4) For the purpose of subsection 205.017(2) of the Act,

PART 4

Training — General

Provision of general training

15 The training that every employer must provide to each of its employees includes,

Competent person

16 Every employer must ensure that all instruction and training that it is required to provide under the Act is developed by and, if applicable, delivered by a competent person.

Records

17 Every employer must retain records of all instruction and training provided under the Act for

PART 5

Emergency Response and Preparedness

Emergency response plan

18 (1) Every employer must, for each workplace under its control that is a marine installation or structure and having regard to the risk assessment carried out by it for the purpose of the occupational health and safety program, develop, implement and maintain a written emergency response plan in preparation for any reasonably foreseeable emergency that might compromise the health and safety of persons at that workplace or at any other workplace under its control that is a workboat or dive site associated with the marine installation or structure.

Contents of plan

(2) The emergency response plan must

Availability of plan

(3) The employer must ensure that a copy of the emergency response plan is made readily available to all employees at the workplace.

Multiple employers

(4) If an employer has employees at a workplace not under its control, it must ensure that those employees comply with

Posting of information

19 Every employer must ensure that the following items are posted in the specified locations, separately from the emergency response plan, at each workplace under its control that is a marine installation or structure:

Instruction and training

20 The instruction and training that every employer must provide to each of its employees includes

Means of evacuation

21 Every employer must ensure, with respect to each workplace under its control that is a marine installation or structure, that

Emergency equipment

22 (1) Every employer must ensure that the location of all equipment to be used or worn in implementing emergency response procedures at each workplace under its control is clearly identified with light-reflecting or illuminated signs.

Grab bags

(2) Every employer must provide, in all sleeping quarters at a workplace under its control, a readily available grab bag for each person assigned to the sleeping quarters containing a smoke hood, heat-resistant gloves and a portable light source to enable the person to reach muster stations, temporary refuge areas and evacuation stations in conditions of fire, intense heat or smoke.

Emergency escape breathing devices or respirators

(3) Every employer must ensure that the emergency escape breathing devices or respirators that it provides in accordance with paragraph 46(a) are provided in appropriate quantities and at appropriate locations at the workplace to facilitate escape, having regard to

Immersion suits

(4) Every employer must ensure that the immersion suits that it provides in accordance with paragraph 46(b) are provided in appropriate quantities and sizes and at appropriate locations at the workplace to facilitate abandonment, having regard to

Minimum number required

(5) Despite subsection (4), the employer must provide the following minimum number of immersion suits:

Emergency alert system

23 Every employer must ensure that each workplace under its control that is a marine installation or structure is equipped with a public address and alarm system that is audible or visible, as the case may be, in all areas of the workplace where a person may be present and is to be used to warn persons if

Emergency power source

24 Every employer must ensure that each workplace under its control that is a marine installation or structure is equipped with an emergency power source that is sufficient to operate the following to the degree necessary to allow for safe occupancy of or egress from the workplace in the case of a failure of the main power system:

Emergency descent control

25 (1) Every employer must provide, on each derrick or other elevated part of a workplace under its control that is a marine installation or structure, if there is only one usual means of escape from that location, a device that would allow a person to descend from the location by another means at a controlled speed in an emergency.

Loss of power

(2) The device must be capable of being operated despite the loss of the main source of power.

Instructions

(3) The employer must ensure that written instructions for operating the device are kept in a conspicuous place near the location where the device is stored.

Fire and explosion

26 (1) Fire and explosion are prescribed risks for the purpose of paragraph 205.02(2)(a) of the Act and every employer must ensure that each workplace under its control is designed, constructed, arranged and maintained to minimize those risks.

Hazardous areas

(2) The occupational health and safety program in respect of a workplace that is a marine installation or structure must identify

Signage

(3) The employer with control over the workplace must ensure that signs are posted in conspicuous places at each of the areas referred to in subsection (2), identifying them as areas in which there is a risk of fire or explosion.

Prohibition

(4) The employer must ensure that no person uses an open flame or other source of ignition in an area referred to in subsection (2) unless they are carrying out hot work in accordance with Part 26.

Temporary or portable heating equipment

(5) Every employer must ensure that any temporary or portable heating equipment that is used at a workplace under its control is located, protected and used in a manner that prevents the equipment from being overturned or damaged and any combustible materials in the vicinity from igniting.

Firefighting equipment

27 Every employer must equip each workplace under its control with the firefighting equipment that is appropriate for that type of workplace and all classes of fire that may occur there.

Fire team equipment

28 (1) The personal protective equipment that every employer with control over a workplace that is a marine installation or structure must provide to each of its employees, and any other individual at the workplace, who is tasked with fighting fires includes

Other equipment

(2) The employer must also provide,

Alternative equipment

(3) Despite subsection (1) and paragraph (2)(a), if a workplace is a ship used for construction or diving or for geotechnical or seismic work, the employer may instead provide fire-fighter’s outfits that conform to the International Maritime Organization’s International Code for Fire Safety Systems.

Quantity

(4) The number of sets of equipment referred to in subsections (1) and (2) or fire-fighter’s outfits referred to in subsection (3), as the case may be, that the employer must provide at the workplace — and their sizing, if applicable — is to be determined having regard to the risk assessment carried out by the employer for the purpose of the occupational health and safety program.

Minimums

(5) Despite subsection (4), the number of sets of equipment or outfits, as the case may be, that the employer must provide is at least

Equipment accessibility

(6) The employer must ensure that the equipment provided in accordance with this section is kept ready for use and stored in a place that is easily accessible, with at least two sets of equipment or two outfits, as the case may be, being easily accessible from the helicopter deck, if any, of the marine installation or structure.

Falls into ocean

29 The risk of a person at a workplace falling into the ocean is a prescribed risk for the purpose of paragraph 205.02(2)(a) of the Act and the employer with control over that workplace must

Emergency drills and exercises

30 (1) Every employer must establish, for each workplace under its control that is a marine installation or structure and having regard to the risk assessment carried out by it for the purpose of the occupational health and safety program, a plan that describes the emergency drills and exercises that must be conducted at the workplace in relation to various scenarios and sets out the frequency with which they must be conducted.

Minimum frequency

(2) Despite subsection (1), the employer must ensure that

Alternative to launching drill

(3) If compliance with subparagraph (2)(d)(ii) is not feasible, the employer must ensure that additional inspections and testing of all components that would otherwise be tested by the launching drill are carried out in consultation with the lifeboat manufacturer and with the prior approval of the Chief Safety Officer.

Equitable scheduling

(4) The employer must schedule drills and exercises to ensure the equitable participation of all employees, regardless of their shift or rotation.

Visitors

(5) The employer must ensure that any person visiting the workplace who has not participated in the emergency drills or exercises is accompanied throughout the visit by someone who has done so.

Records

(6) The employer must keep a record of all emergency drills and exercises conducted that contains

Record retention

(7) The employer must retain the records referred to in subsection (6) for at least three years after the day on which the drill or exercise is carried out.

PART 6

First Aid and Medical Care

Operator’s obligations

31 Every operator must ensure that

Employer obligations

32 (1) Every employer with control over a workplace must

TABLE
Item

Column 1

Number of persons at the workplace

Column 2

Number of first aiders with standard first aid certificate
or higher

Column 3

Number of additional first aiders with advanced first
aid certificate or
qualifications equivalent to those of a medic

Column 4

Number of medics

1 6–10 1 plus 1 for every 2 persons
in excess of 6
0 0
2 11–30 3 plus 1 for every 2 persons
in excess of 10
1 0
3 31–40 13 plus 1 for every 2 persons in excess of 30 1 0
4 More than 40 17 plus 1 for every 2 persons in excess of 40 2 plus 1 for every 10 persons in excess of 40 1

First aid kits

(2) The first aid supplies referred to in paragraph (1)(c) must include first aid kits that

Automated external defibrillators

(3) If the workplace is a marine installation or structure, the first aid equipment referred to in paragraph (1)(c) must include

Medical rooms

(4) If the workplace is a marine installation or structure, the facilities referred to in paragraph (1)(c) must include a medical room

Medics

33 (1) An employer may designate a person as a medic if that person

Designation in writing

(2) The designation under subsection (1) must be made in writing.

No other duties

(3) The employer must not assign to the medic any other duties that will interfere with the prompt and adequate provision of first aid and medical care.

Responsibility

(4) When providing first aid or medical care to an injured or ill person, a medic

First aiders

34 (1) Every employer must allow any first aider — and any other employee that the first aider needs for assistance — to provide prompt and adequate first aid to an injured or ill person and ensure that they have adequate time to do so, with no loss of pay or benefits.

Responsibility

(2) When providing first aid to an injured or ill person, a first aider

Treatment records

35 (1) Every first aider or medic who provides care to an injured or ill person or from whom treatment is sought must make and sign a record containing the following information:

Retention

(2) The employer with control over the workplace at which the record is made must retain it, from the day on which the injury or illness is first documented, for

PART 7

Employee Well-being

Occupational health and safety program

36 Every occupational health and safety program must set out measures for promoting mental health and healthy lifestyles and must address substance abuse, the effects on mental health of working in a remote location and the management of mental illness.

Impairment

37 (1) Impairment, including as a result of fatigue, stress, injury, illness, another physical or psychological condition, alcohol or drugs, is a prescribed risk for the purpose of paragraph 205.02(2)(a) of the Act and every occupational health and safety program must

Working while impaired

(2) Every employer must ensure that no employee at a workplace under its control is permitted to work if their ability to do so is impaired in a manner that is likely to be hazardous to their health or safety or that of any other person at the workplace.

Investigation of incidents

(3) Impairment must be considered as a potential causal factor in the investigation of all incidents at the workplace.

Fatigue training

38 The instruction and training that every employer must provide to its employees includes instruction and training on the factors that contribute to fatigue, procedures for identifying and reporting fatigue and the role and duties of employees in managing fatigue.

Rest periods

39 (1) Every employer must ensure that no employee works at a workplace under its control unless they have been provided with a period of at least 11 consecutive hours of rest in the previous 24 hours.

Exception

(2) An employer may, in extenuating circumstances, allow an employee to work without having had that rest period if the employer has assessed the risk associated with the employee working the extra hours and determined, in consultation with the employee, that the work can be carried out without increased risk to their health or safety.

Documentation

(3) If an employer allows an employee to work without having had that rest period, the employer must ensure that a description of the work, the name of the employee, the hours worked, the reason for the exception and the result of the risk assessment referred to in subsection (2) are recorded.

Non-application in emergency

(4) Subsection (1) does not apply in the event of an emergency at the workplace that may be hazardous to the health or safety of employees.

Alternative

(5) Despite subsections (1) and (2), the employer with control over a workplace for which an authorization has been issued for a period of less than six months may alternatively comply, in respect of the marine crew, with the daily hours of work and minimum rest requirements outlined in the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978.

Thermal stress

40 Thermal stress is a prescribed risk for the purpose of paragraph 205.02(2)(a) of the Act and every employer must ensure, in respect of all persons at each workplace under its control who may be exposed to heat or cold, that

Musculoskeletal injury

41 (1) Musculoskeletal injury is a prescribed risk for the purpose of paragraph 205.02(2)(a) of the Act and the procedures referred to in that paragraph must include an assessment, in consultation with the following persons, of the extent to which that risk is associated with each type of work carried out at the workplace:

Hazard control measures

(2) The employer must ensure that interim hazard control measures are implemented without delay after the risks of musculoskeletal injury are assessed and permanent measures, determined with regard to the parameters established by the American Conference of Governmental Industrial Hygienists in its publication TLVs and BEIs: Based on the Documentation of the Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices, are implemented as soon as practicable.

Definition of musculoskeletal injury

(3) In this section, musculoskeletal injury means an injury to or disorder of the muscles, tendons, ligaments, joints, nerves, blood vessels or related soft tissue, including a sprain, strain or inflammation.

Workplace violence and harassment

42 (1) Workplace violence and harassment is a prescribed risk for the purpose of paragraph 205.02(2)(a) of the Act and every employer must develop and post at a place accessible to all employees a policy setting out the employer’s commitment to

Occupational health and safety program

(2) Every occupational health and safety program must

Training

(3) The training that every employer must provide to each of its employees includes training on the factors that contribute to workplace violence and harassment.

Definition of workplace violence and harassment

(4) In this section, workplace violence and harassment means any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee.

Disruptive behaviour

43 Every employer must instruct all employees at each workplace under its control to refrain from engaging in disruptive behaviour at the workplace that may be hazardous to themselves or any other person.

PART 8

Personal Protective Equipment

Employee obligations

44 (1) The personal protective equipment that every employee must use or wear for the purpose of paragraph 205.027(b) of the Act includes, in respect of any hazard to which they are exposed, all personal protective equipment that the employer or operator provides to them for the purpose of preventing or reducing injury from that hazard.

Compatibility with clothing

(2) Every employee must ensure that any clothing worn by them does not interfere with the proper functioning of any personal protective equipment used or worn by them.

Requirements

45 Every employer must ensure that all personal protective equipment that it provides to its employees, or to other individuals at a workplace under its control,

Prescribed equipment

46 The personal protective equipment that every employer must provide to its employees and other individuals at a workplace under its control includes

Respiratory protective equipment

47 (1) Every employer must ensure that any respiratory protective equipment that they provide to employees or other individuals at a workplace under its control is used in accordance with CSA Group standard Z94.4, Selection, use, and care of respirators.

Air supply

(2) The employer must ensure that any respiratory protective equipment that supplies air is used only if

Personal gas monitoring device

48 Every employer must ensure that each personal gas monitoring device used at a workplace under its control is bump tested before each use.

Records

49 Despite subsection 87(2), every employer must retain the records referred to in paragraph 87(1)(f) in respect of all personal protection equipment that they provide for as long as the equipment is in service.

PART 9

Passengers in Transit

Transit by helicopter

50 (1) The information and instruction that every operator must, for the purpose of paragraph 205.014(1)(a) of the Act, ensure is provided to each of the employees and other passengers being transported on a helicopter to or from any of its workplaces includes

Equipment

(2) The equipment and devices with which every operator must, for the purpose of paragraph 205.014(2)(b) of the Act, ensure that any helicopter going to or from any of its workplaces is equipped includes

Personal protective equipment

(3) The personal protective equipment that every operator must, for the purpose of paragraph 205.014(3)(a) of the Act, ensure is provided to each of the employees and other passengers on a helicopter going to or from any of its workplaces includes

Training

(4) The training that every operator must, for the purpose of paragraph 205.014(3)(b) of the Act, ensure is provided to each of the employees and other passengers on a helicopter going to or from any of its workplaces includes

Exception

(5) The requirements to provide or wear a helicopter passenger transportation suit system or emergency underwater breathing apparatus or to provide training in their use do not apply in respect of any passenger in respect of whom there is an exemption, under subsection 5.9(2) of the Aeronautics Act, from the requirements under the Canadian Aviation Regulations respecting the wearing of a helicopter passenger transportation suit system or the use of an emergency underwater breathing apparatus.

Transit by vessel

51 (1) The information and instruction that every operator must, for the purpose of paragraph 205.014(1)(a) of the Act, ensure is provided to each of the employees and other passengers being transported on a vessel to or from any of its workplaces includes

Equipment

(2) The equipment and devices with which every operator must, for the purpose of paragraph 205.014(2)(b) of the Act, ensure that any vessel going to or from any of its workplaces is equipped includes

Personal protective equipment

(3) The personal protective equipment that every operator must, for the purpose of paragraph 205.014(3)(a) of the Act, ensure is provided to each of the employees and other passengers on a vessel going to or from any of its workplaces includes a properly fitted immersion suit that conforms to paragraph 46(b).

Training

(4) The training that every operator must, for the purpose of paragraph 205.014(3)(b) of the Act, ensure is provided to each of the employees and other passengers on a vessel going to or from any of its workplaces includes practice in donning and doffing the immersion suit that is provided to them.

Safe entry and exit

52 (1) Every operator must establish procedures for safe entry to and exit from each of its workplaces that is a marine installation or structure, including procedures respecting the use of gangways and fast rescue boats to transfer persons between marine installations and structures.

Swing rope not permitted

(2) The procedures must not permit the use of swing ropes for entering to or exiting from a marine installation or structure.

PART 10

Work Permits

Contents

53 (1) A work permit that is required by these Regulations must be issued, in either paper or electronic form, by a competent person designated by the employer with control over the workplace at which the activity to which the work permit relates is carried out, must be approved by a second competent person designated by that employer and must set out

Signatures

(2) The work permit must be signed by the person who issued it, the person who approved it and every person involved in the activity to which it relates, to certify that they have read and understood its contents.

Occupational health and safety program

54 Every occupational health and safety program must address the issuance and use of work permits, including

Employer obligations

55 (1) Every employer must ensure that

Retention of copy

(2) Every employer must retain a copy of each work permit issued at a workplace under its control for at least three years after the day on which the activity to which it relates is completed.

PART 11

Facilities

Application

56 This Part applies in respect of a workplace that is a marine installation or structure.

Accommodations area

57 (1) Every employer must ensure that the accommodations area at each workplace under its control

Storage of equipment

(2) The employer must ensure that no equipment is stored in an accommodations area unless the equipment

Washrooms

58 (1) Every employer must make available a sufficient number of washrooms for use by persons of all gender identities at each workplace under its control, in locations conveniently accessible from all work areas.

Multiple toilets

(2) If there are multiple toilets within a washroom, the employer must ensure that

Requirements

(3) The employer must ensure that all washrooms

Portable toilet units

59 (1) If the number of washrooms at a workplace is not sufficient to accommodate the number of persons at that workplace during its commissioning or decommissioning, the employer with control over the workplace may satisfy its obligations under subsection 58(1) by supplementing the available washrooms with portable toilet units.

Requirements

(2) The employer must ensure that all portable toilet units

Handwashing facilities

60 (1) Every employer must make available a sufficient number of handwashing facilities for use by persons at each workplace under its control, in locations conveniently accessible from all work areas.

Requirements

(2) The employer must ensure that all handwashing facilities

Showers

61 (1) Every employer must make available a sufficient number of showers for use by persons at each workplace under its control.

Requirements

(2) The employer must ensure that all showers

Changing facilities

62 Every employer must provide, at each workplace under its control, a changing facility that

Sleeping quarters

63 (1) Every employer must ensure that the sleeping quarters at each workplace under its control contain, for each person assigned to those quarters,

Private room and washroom

(2) Every employer must, to the extent feasible, assign each person at a workplace under its control their own sleeping quarters with direct access to their own washroom containing a shower.

Alternative

(3) If compliance with subsection (2) is not feasible, the employer must

Dining area

64 Every employer must ensure the provision, at each workplace under its control, of a dining area that is

Smoking areas

65 (1) It is prohibited to smoke or use a vaping device at a workplace other than in an area designated for that purpose by the employer with control over the workplace.

Designation of areas

(2) An employer must select any area that it designates as an area in which smoking or the use of a vaping device is permitted having regard to

Prohibition in vicinity of drilling or production

(3) It is prohibited to smoke or use a vaping device — even within a designated area — on the deck of a marine installation or structure if drilling or production activities are being carried out in the vicinity.

Indoor areas

(4) The employer must ensure, with respect to any indoor area that it designates as an area in which smoking or the use of a vaping device is permitted, that

Signage

(5) Every employer must ensure that signage is posted outside each entrance to an area in which smoking or the use of a vaping device is permitted, indicating

Designation removed

(6) If an employer removes the designation of an area as an area in which smoking or the use of a vaping device is permitted, it must ensure that the signage referred to in paragraph (5)(a) remains posted outside each entrance to the area until the area contains no residual contaminants from the smoking or vaping activity.

PART 12

Sanitation and Housekeeping

Waste material

66 The risks associated with the accumulation of and exposure to waste material, including garbage, recyclable refuse, food waste and debris, are prescribed risks for the purpose of paragraph 205.02(2)(a) of the Act and every employer must ensure, at each workplace under its control, that

Pests

67 (1) The risks associated with the presence of pests are prescribed risks for the purpose of paragraph 205.02(2)(a) of the Act and every employer must ensure that the enclosed parts of each workplace under its control are constructed, equipped and maintained in a manner that prevents, to the extent feasible, the entry of pests.

Elimination of pests

(2) If pests have entered an enclosed part of the workplace, the employer must immediately take all steps necessary to eliminate the pests and prevent their re-entry.

Records

(3) The occupational health and safety program must provide for the keeping of pest control inspection and pesticide application records.

Cleanliness and orderliness

68 The hazard control measures set out in every occupational health and safety program must include procedures for

Storage

69 Every employer must ensure that all things at each workplace under its control are stored or placed in a manner that does not a present a hazard to the health or safety of any person, including by

PART 13

Food and Potable Water

Food safety

70 The risks arising from the consumption of unsafe food are, in respect of every workplace at which food is served, prescribed risks for the purpose of paragraph 205.02(2)(a) of the Act and the employer with control over the workplace must ensure that

Potable water

71 (1) Every employer must provide, to all persons at each workplace under its control, potable water for drinking and food preparation and must ensure that clean and sanitary cups are provided for drinking water that is not provided from a drinking fountain.

Occupational health and safety program

(2) The risks associated with the consumption of non-potable water are prescribed risks for the purpose of paragraph 205.02(2)(a) of the Act and every occupational health and safety program must

Definition of potable water

(3) In this section, potable water means water that conforms to the Department of Health’s Guidelines for Canadian Drinking Water Quality.

PART 14

Lighting

Non-application

72 This Part does not apply to the lighting of the bridge of a mobile offshore drilling unit or the bridge of any ship used for construction, production or diving or for geotechnical or seismic work.

Minimum levels

73 Every employer must, in respect of each workplace under its control, ensure that

TABLE
Item

Column 1

Work Position or Area

Column 2

Minimum Average Level (in lx)

1 Office areas:
 
  • (a) work positions at which cartography, drafting, plan reading or other tasks requiring high visual precision are performed
800
  • (b) work positions at which business machines are operated or prolonged reading or writing tasks are performed
500
  • (c) other areas
50
2 Laboratories:
  • (a) work positions at which instruments are read or hazardous substances are handled, if errors in such reading or handling may be hazardous to the health or safety of an employee
800
  • (b) work positions at which close or prolonged attention is given to laboratory work
500
  • (c) other areas
50
3 Workshops and garages:
  • (a) work positions at which fine or medium bench, machine or repair work is performed
500
  • (b) work positions at which rough bench, machine or repair work is performed
300
  • (c) other areas
50
4 Process areas:
  • (a) work positions in major control rooms or rooms with dial displays at which tasks essential to the control of equipment or machinery that may be hazardous to the safety of employees are performed
800
  • (b) work positions at which a hazardous substance is used, stored or handled
500
  • (c) work positions at which gauges and meters that are not self-illuminating are located
50
  • (d) other areas
20
5 Loading platforms and warehouses:
  • (a) work positions at which packages or goods are checked or sorted
150
  • (b) work positions at which loading or unloading work is frequently performed
100
6 Storage areas:
  • (a) areas in which there is a high level of activity
50
  • (b) other areas
20
7 Derricks, drill floors and moon pools:
  • (a) work positions at which there is a high level of activity
100
  • (b) other areas
20
8 Entrances, exits, elevators, corridors, aisles and stairways:
  • (a) areas in which there is a high level of activity or where there is a high frequency of traffic
100
  • (b) other areas
50
9 Medical rooms:
  • (a) work positions at which first aid or medical care is rendered or examinations are conducted or at which other tasks essential to the health or safety of an employee are performed
1000
  • (b) other areas
500
10 Food preparation areas:
  • (a) work positions at which prolonged cutting or preparation tasks are performed
1000
  • (b) other areas
300
11 Dining areas and recreation areas 200
12 Sleeping quarters 100
13 Washrooms and showers 200
14 Boiler, engine, ballast control and generator rooms 200
15 Rooms in which principal heating, ventilation or air-conditioning equipment is installed 70
16 Emergency shower facilities, emergency equipment locations, muster stations, temporary refuge areas and lifeboat and life raft locations 50

Emergency lighting

74 (1) Every employer must ensure that each workplace under its control that is a marine installation or structure is equipped with an emergency lighting system that

Verification

(2) The employer must ensure that the emergency lighting system is verified to be in working order at least once a month.

Handling, storage and disposal

75 Every employer must ensure that lighting components and bulbs at each workplace under its control are handled, stored and disposed of in accordance with the manufacturer’s instructions and in a manner that does not pose a risk to any person.

PART 15

Sound Levels

Unimpeded communication

76 Every employer must ensure that sound levels at each workplace under its control do not impede communication during normal or emergency operations.

Noise

77 (1) Excessive noise is a prescribed risk for the purpose of paragraph 205.02(2)(a) of the Act and every employer must ensure, with respect to each workplace under its control, other than an underwater area, that

Survey results

(2) The employer must retain the results of all noise surveys for at least 10 years after the day on which they were carried out.

Instruction and training

(3) The instruction and training that every employer must provide to its employees includes instruction and training on the risks posed by excessive noise.

PART 16

Ventilation

Air quality

78 (1) Poor air quality is a prescribed risk for the purpose of paragraph 205.02(2)(a) of the Act and every employer must ensure that all contaminants in the air at each workplace under its control are kept below the applicable threshold limit values, including — if the workplace is a marine installation or structure — through the installation, use, maintenance and testing of appropriate ventilation systems and other engineering controls.

Local exhaust ventilation

(2) The ventilation systems must, if feasible, include local exhaust ventilation systems where necessary to prevent contaminants from entering an employee’s breathing zone while the employee is working.

Ventilation system

79 Every employer must ensure, with respect to any ventilation system installed at a workplace under its control, that

Internal combustion engine

80 If mobile equipment powered by an internal combustion engine is operated indoors or in an enclosed work area, the employer with control over the workplace at which it is operated must ensure that the engine is maintained in a manner that ensures conformity with the requirements of American Conference of Governmental Industrial Hygienists standard Industrial Ventilation: A Manual of Recommended Practice for Design relating to vehicle exhaust ventilation.

PART 17

Structural Safety

Movement within workplace

81 Every employer must ensure, to the extent feasible, that all persons at each workplace under its control that is a marine installation or structure are able to move around the workplace, including through corridors, without bending, sidling or tripping and must ensure that any changes in floor elevation and ceiling height that pose a risk of injury and cannot be eliminated are clearly marked.

Doors

82 Every employer must ensure, at each workplace under its control that is a marine installation or structure, that

Guard-rails

83 Any guard-rail that is required under these Regulations must

Wall and floor openings and open edges

84 Every employer must ensure that, in any area on a marine installation or structure under its control to which a person might have access,

Open-top enclosures

85 (1) Every employer must ensure, at each workplace under its control, that, if an employee has access to the top of a bin, hopper, tank, vat, pit or similar enclosure with an opening at the top that is large enough for a person to fit through,

Support capability

(2) The grating, screen, covering or walkway must be capable of supporting the greater of

Access to inside

(3) If an employee is required to access the inside of an open-top enclosure from its top, the employer must ensure, if feasible, that there is a fixed ladder on the inside wall of the enclosure that permits the employee to safely enter and exit.

Structural openings

86 Every employer must ensure, before any opening is made in the structure of a marine installation or structure under its control, including in any floor or wall, that the locations of all pipes, cable and conduits in the area where the opening is to be made are clearly marked.

PART 18

Equipment, Machines and Devices

Requirements

87 (1) Every operator and employer must ensure, with respect to any equipment, machine or device that that operator or employer provides for use at a workplace, including any part of or accessory used with one of those things, that

Records

(2) The operator or employer that provides the equipment, machine or device must

Exception — maintenance, repair or cleaning

(3) Despite subparagraph (1)(g)(i), a person is permitted to maintain, repair or clean a powered piece of equipment, machine or device while it is operational if

Exception — use without guard

(4) Despite subparagraph (1)(g)(ii), a person is permitted to operate any equipment, machine or device without its guard in the proper position if necessary to

Alternative procedures

(5) Every employer must establish — and must instruct all employees to follow — procedures for minimizing the risk of injury if equipment, machines or devices at a workplace under the employer’s control must be maintained, repaired, cleaned or tested while operational and without a guard in place and it is not feasible to control their energy source as described in paragraph (3)(b) or subparagraph (4)(b)(i).

Removal from service

88 Every employer must ensure that any equipment, machine or device at a workplace under its control that it has reason to doubt is safe for use is taken out of service and identified in a manner that ensures it is not inadvertently returned to service until a competent person determines it to be safe for use.

Hair, clothing and accessories

89 Every employer must ensure that all persons at each workplace under its control not wear long hair, loose-fitting clothing, dangling accessories, jewellery or other similar items unless those items are tied, covered or otherwise secured as necessary to prevent them from coming into contact with equipment or machines or from otherwise presenting a risk to health or safety.

Pedestrian passage

90 Every employer must ensure, at each workplace under its control, that a path for pedestrian use is clearly identified with floor markings or physical means through any area in which mobile equipment or other equipment that presents a risk of injury to persons passing through is being used.

Standards

91 (1) Every employer must ensure, in respect of each workplace under its control, that

Alternative safeguards

(2) If it is not feasible for equipment or a machine to be equipped as described in paragraph (1)(c), (n) or (o), or for wire rope in tension to be protected as described in paragraph (1)(p), the employer must ensure that another guard, safety device or awareness barrier is put in place to protect against the hazard.

Fuelling

92 (1) Every employer must ensure that no equipment or machine at a workplace under its control is fuelled, and no fuel is transferred between containers,

Exception

(2) Despite subparagraph (1)(a)(ii), equipment may be fuelled in the hold of a vessel or another enclosed space if

Procedures

(3) Every employer must develop procedures to be followed respecting the fuelling of equipment to protect the health and safety of employees.

PART 19

Elevators and Personnel Lifts

Standards

93 (1) Every employer must ensure that each elevator at a workplace under its control is designed, maintained, tested, inspected and used in accordance with ASME standard A17.1/CSA Group standard B44, Safety code for elevators and escalators, and that each personnel lift at a workplace under its control is designed, installed, maintained, tested, inspected and used in accordance with CSA Group standard CAN/CSA-B311, Safety Code for Manlifts.

Inspection and testing

(2) The employer must ensure that every elevator and personnel lift is inspected and tested

Inspection validity

(3) An inspection ceases to be valid one year after the day on which it is carried out.

Record

(4) The employer must ensure that the person who inspects an elevator or personnel lift includes in the record referred to in paragraph 87(1)(f) the date on which the inspection ceases to be valid.

Elevator documentation

94 Every employer must ensure that a document is posted in each elevator at a workplace under its control that identifies the elevator and its location, indicates its capacity and sets out the date on which its most recent inspection ceases to be valid.

PART 20

Ladders, Stairs and Ramps

Application

95 This Part applies in respect of a workplace that is a marine installation or structure.

Ship’s ladder

96 For the purposes of this Part, any reference to stairs includes a permanently installed structure, commonly known as a ship’s ladder, that has a steep pitch, rigid treads supported by rigid side rails and a handrail on each side.

Requirement to install

97 If an employee in the course of routine work is required to move between levels that are more than 45 cm apart, the employer with control over the workplace must ensure that a fixed ladder, fixed stairs or a fixed ramp is installed between the levels.

Stairs, ramps and fixed ladders

98 (1) Every employer must ensure that all stairs, ramps and fixed ladders that are installed at each workplace under its control, as well as all cages, landings and platforms used with the fixed ladders, are designed and maintained to support any load that is likely to be imposed on them and to safely accommodate all persons who are likely to use them and all equipment that is likely to pass over them.

Hazard protection

(2) If stairs, a ramp or a fixed ladder end in direct proximity to anything that would pose a risk of injury to a person were they to inadvertently come into contact with it, the employer must ensure that a barricade is installed to protect persons using the stairs, ramp or ladder from that hazard.

Temporary stairs

99 Every employer must ensure that all temporary stairs installed at a workplace under its control are securely fastened in place and have

Ramps

100 Every employer must ensure that every ramp installed at a workplace under its control is

Fixed ladders

101 (1) Every employer must ensure that any fixed ladder installed at a workplace under its control, other than one installed as part of a scaffold,

Use

(2) While ascending or descending a fixed ladder at a workplace, every employee must

Prohibition

(3) An employee must not use a metal or wire-bound fixed ladder if there is a risk of it coming into contact with an energized electrical conductor or circuit part or with energized electrical equipment.

Portable ladders

102 (1) Every employer must ensure that any portable ladder used at a workplace under its control

Use

(2) An employee who uses a portable ladder at a workplace must do so in accordance with CSA Group standard Z11, Portable ladders, and must ensure that, while the ladder is in use,

Prohibitions

(3) An employee must not

PART 21

Scaffolding and Platforms

Definition of elevating work platform

103 In this Part, elevating work platform means a type of integral chassis aerial platform that has an adjustable position platform that is supported from ground level by an articulating or telescoping boom or by a vertically oriented, telescoping or elevating mast.

Use — general

104 (1) Every employer must ensure that no employee uses a scaffold, suspended work platform or elevating work platform at a workplace under the employer’s control unless

Hazardous conditions

(2) The employer must ensure that no employee uses a scaffold, suspended work platform or elevating work platform in environmental conditions that are likely to increase the risk to the health or safety of the employee unless its use in those conditions is necessary to remove a hazard or rescue a person.

Prevention of contact

105 The employer must ensure that, if there is a risk of a person or equipment coming into contact with a scaffold, suspended work platform or elevating work platform in a manner that would pose a hazard, a barricade is installed or, if that is not feasible, another means of preventing the contact is provided.

Scaffolds

106 (1) Every employer must ensure, with respect to any scaffold used at a workplace under its control, that

Ladder jack scaffold

(2) Every employer must ensure that no ladder jack scaffold is used at a workplace under its control.

Elevating work platforms

107 Every employer must ensure, with respect to any elevating work platform at a workplace under its control, that

PART 22

Fall Protection and Rope Access

Risk of falling

108 The risk of a person falling from any of the following locations is a prescribed risk for the purpose of paragraph 205.02(2)(a) of the Act:

Means of protection

109 (1) Every employer must ensure that whichever of the following means of fall protection is most appropriate in the circumstances is provided whenever a person at a workplace under its control is in a location referred to in section 108:

Occupational health and safety program

(2) Every occupational health and safety program must

Fall-arrest system required

(3) Despite subsection (1) and paragraph (2)(a), the employer must ensure that a fall-arrest system described in paragraph (1)(d) is provided to every person

Use

(4) The employer must ensure that any means of protection referred to in paragraphs (1)(c) to (e) that it provides is used in accordance with the standards referred to in those paragraphs and, in the case of a fall-arrest system provided to a person referred to in paragraph (3)(b), is secured to an anchorage point that is approved by the platform’s manufacturer or a professional engineer.

Safety net

(5) The employer must ensure that any safety net provided

Components

(6) The employer must ensure that

Rope access

110 (1) Despite subsections 109(1), (3) and (4), every employer must ensure that any rope access carried out at a workplace under its control, or by any of its employees at a workplace not under its control, conforms, subject to subsection (3), to the IRATA International code of practice for industrial rope access, published by the Industrial Rope Access Trade Association.

Interpretation of code

(2) For the purpose of subsection (1), all recommendations in the code are mandatory, unless compliance with the measure is not feasible, in which case the employer must demonstrate to the Chief Safety Officer, before any non-conforming rope access is carried out, that other controls are in place to mitigate or eliminate the risk that the measure is intended to address.

Alternative standards

(3) A requirement in the code to conform to a standard in respect of equipment is satisfied by instead conforming, as applicable, to

Headwear

(4) The personal protective equipment that every employer is required to provide to any of its employees, and to any other individual at a workplace under its control, who is engaged in rope access includes headwear that conforms to

Definition of rope access

(5) In this section, rope access means the use of ropes, in combination with other devices, to get to or from a work area or to maintain one’s position in a work area.

Work permit

111 A work permit is required for any activity at a workplace that requires the use of a fall-arrest system or travel restraint system.

Instruction and training

112 (1) The instruction and training that every employer must provide to its employees and other individuals at a workplace under its control who are involved in activities requiring the use of a fall-arrest system or travel restraint system includes

Timing

(2) The instruction and training must be provided

PART 23

Falling Objects

Risk of injury

113 (1) The risk of injury from falling objects and material at the workplace, whether they are falling over or from a height, is a prescribed risk for the purpose of paragraph 205.02(2)(a) of the Act.

Toe board or panel

(2) Subject to subsection (3), every employer must ensure, at each workplace under its control, that wherever there is a risk of objects or material falling from a raised work area onto a person below, a toe board or other solid or mesh panel that extends from the floor of the raised area to a sufficient height to prevent the objects or material from falling from the raised area is installed.

Alternative measures

(3) If the installation of a toe board or panel is not feasible, the employer must ensure that

PART 24

Materials Handling

Definitions

114 The following definitions apply in this Part.

personnel transfer
means the transfer by crane of persons between a vessel and marine installation or structure, between vessels or between marine installations or structures. (transfert du personnel)
signaller
means a person who directs, by means of visual or auditory signals, the safe movement and operation of materials handling equipment. (signaleur)

Lifting risks

115 (1) The risks associated with the use of materials handling equipment, including to lift persons or things, are prescribed risks for the purpose of paragraph 205.02(2)(a) of the Act and the occupational health and safety program in respect of a workplace at which materials handling equipment is to be used for lifting must

Personnel transfer risk

(2) For the purpose of paragraph (1)(b), a personnel transfer must not be classified as a low risk lift.

Work permit

116 A work permit is required for all lifts carried out at a workplace using materials handling equipment, except those classified under the occupational health and safety program as low risk.

Prohibitions

117 It is prohibited for

Hazardous conditions

118 The employer must ensure that no person uses materials handling equipment at a workplace under its control in conditions in which that use presents a risk to the health or safety of any person unless necessary to prevent a greater risk to the health or safety of any person.

Manual handling

119 Every employer must ensure that, if the manual handling of any thing may be hazardous to the health or safety of an employee, including because of its weight, size, shape or toxicity, that thing is, to the extent feasible, handled only using materials handling equipment.

Rated capacity

120 (1) Every employer must ensure that a competent person who is independent of the operator and employer inspects and proof tests all materials handling equipment that is to be used at a workplace under the employer’s control if

Certification

(2) The employer must ensure that the competent person, on the basis of the inspection and proof test, certifies in writing the rated capacity of the equipment and indicates in writing any limitations that must be imposed on its use having regard to environmental conditions.

Materials handling equipment

121 (1) Every employer must ensure, with respect to all materials handling equipment used at a workplace under its control, that

Exception to rated or reduced capacity

(2) Despite paragraph (1)(f), the materials handling equipment may be used to handle a load in excess of its rated capacity or reduced capacity for the purposes of testing and inspection.

Protection against contact

(3) If the employer is unable to determine with reasonable certainty the location of the hazard referred to in paragraph (1)(z.3) or the distance referred to in subparagraph (1)(z.3)(ii), or if it is necessary for the materials handling equipment to be used in closer proximity than that distance, the materials handling equipment may be used in the area only if

Cranes and hoists

122 (1) Every employer must ensure, with respect to each lift by a crane or hoist that is carried out at a workplace under its control, that

Area marked and secured

(2) For the purpose of paragraph (1)(e), the employer must ensure that all approaches to the area in which the lift is being carried out are posted with universally recognized warning signs prohibiting access by unauthorized persons and are secured to prevent inadvertent access.

Presence of non-essential persons

(3) A person who operates a crane or hoist must not start a lift if a non-essential person is in the area in which the lift is being carried out. If such a person enters that area while a lift is in progress, the person operating the crane or hoist must immediately take measures to mitigate the risk to all persons, discontinue the lift as soon as it is safe to do so and not resume the lift until the area is cleared of non-essential persons.

Crane near helicopter deck

(4) Every employer must ensure that, when a helicopter is landing or taking off, any crane at a workplace under its control that could pose a physical or visual hazard to the helicopter or its crew remains stationary and, if feasible, has its boom stowed.

Offshore pedestal crane

(5) Every employer must ensure that every offshore pedestal crane used at a workplace under its control

Manually operated hoist

(6) Every employer must ensure, with respect to any manually operated hoist used at a workplace under its control, that

Wire rope clips

123 Every employer must ensure that any wire rope clips used at a workplace under its control are

Mobile equipment

124 (1) Every employer must ensure, with respect to all mobile equipment that is used at a workplace under its control, that

Blind corners

(2) The employer must ensure that mirrors are installed at all blind corners that may be taken by mobile equipment to permit the person operating that equipment to see any approaching person or equipment.

Guards

(3) If mobile equipment is used on the deck of a marine installation or structure or on an elevated area, the employer must ensure that guards sufficient to prevent the equipment from falling over the edge are installed at the edge of the deck or area.

Forklift load

(4) The employer must ensure that

Additional standards

125 (1) Every employer must ensure, at each workplace under its control, that

Loose lifting gear

(2) Every employer must ensure that the construction, use, maintenance, inspection and testing of all loose lifting gear used at a workplace under its control conforms to the following standards, as applicable:

Personnel transfer

126 (1) Every employer must ensure, with respect to every personnel transfer at, to or from a workplace under its control, that

Availability of personnel transfer devices

(2) Every employer must ensure that at least two personnel transfer devices that meet the requirements set out in paragraph (1)(f) are available at all times at each workplace under its control that is a marine installation or structure used for drilling or production or as a living accommodation.

Personal protective equipment

(3) The personal protective equipment that every employer must provide to a person who is being transferred by personnel transfer includes either a helicopter passenger transportation suit system that conforms to the Airworthiness Manual published by the Department of Transport or a properly fitted immersion suit that conforms to paragraph 46(b).

Signalling

127 (1) Every employer must ensure, before any materials handling equipment is used at a workplace under its control, that

Emergency stop signal

(2) Every person who operates materials handling equipment at a workplace must obey the signal for “emergency stop” given by any person.

Other means of communication

(3) If it is not feasible for a signaller to use hand signals to communicate to a person operating materials handling equipment, including due to the distance between them, the employer must ensure that

Copy of code

(4) The employer must ensure that a copy of the code referred to in paragraph (1)(b) is kept readily available for examination by all persons at the workplace.

Signaller not understood

(5) Any person who does not understand a direction given to them by a signaller must consider it to be a direction to stop.

Inspection

128 (1) The competent person who carries out the thorough safety inspection referred to in subparagraph 87(1)(e)(ii) in respect of materials handling equipment must be independent of the operator and the employer.

Increased frequency

(2) Every employer must ensure, despite subparagraph 87(1)(e)(ii), that

Identification system

(3) The employer must implement, at every workplace under its control, a system that facilitates the identification of materials handling equipment that is due for inspection.

Instruction and training

129 The instruction and training that every employer must provide to an employee who uses materials handling equipment in the course of their work includes instruction and training on the effects of environmental conditions on the equipment’s safe and proper use.

PART 25

Confined Spaces

Evaluation

130 (1) The risks to which a person in a confined space is exposed are prescribed risks for the purpose of paragraph 205.02(2)(a) of the Act and every employer must ensure that, before any work begins at a workplace under its control, a competent person evaluates the workplace and makes a record of all confined spaces in it.

Re-evaluation

(2) The employer must ensure that each workplace is re-evaluated by a competent person at least once every three years, as well as on the creation or elimination of a confined space, and that the competent person records any changes in respect of the confined spaces at the workplace from the last evaluation.

Identification

(3) Every employer must ensure that each confined space at a workplace under its control, other than a confined space that has been made inaccessible with bolted blind flanges, is visibly identified at each point of access as

Occupational health and safety program

131 Every occupational health and safety program must, with respect to the various confined spaces at the workplace and the types of work that could be carried out in them,

Work permit

132 (1) A work permit is required for any occupation of a confined space at a workplace.

Additional contents

(2) In addition to the information that is required to be set out in a work permit under subsection 53(1), the following information must be included in a work permit for the occupation of a confined space:

Validity

(3) A work permit for the occupation of a confined space ceases to be valid 12 hours after the most recent testing conducted under subsection 134(2).

Posting and updating

(4) The employer must ensure that a copy of the work permit is posted at every entrance to the confined space for the duration of its occupation and is updated as new information referred to in paragraph (2)(c) or paragraph 53(1)(i) becomes available.

Entry and occupation requirements

133 (1) Every employer must ensure that no person enters or remains in a confined space at a workplace under its control unless

Isolation of piping

(2) The engineering controls referred to in paragraph (1)(g) must, with respect to a pipe containing a hazardous substance or a substance under pressure or at a high temperature, consist of a blank or blind in conjunction with valves or other blocking seals that are secured in the closed position — using a positive mechanical device that is designed to resist being opened inadvertently, other than as a result of excessive force — to prevent the substance from reaching the blank or blind. The employer must ensure that the pipe is clearly marked to indicate the location of the blank or blind and that the valves or seals are clearly marked as being closed.

Unauthorized entry

(3) The employer must ensure that adequate barriers are erected to prevent unauthorized entry to the confined space.

Sign in and out

(4) Every employer must ensure that every person entering and exiting a confined space signs in and out.

Atmosphere

134 (1) Every employer must ensure, if feasible, in respect of every occupied confined space at a workplace under its control — and every area whose atmosphere may be affected by, or may affect, the atmosphere in an occupied confined space — that

Testing

(2) The employer must ensure that a competent person conducts atmospheric testing, and records the results, at times and frequencies appropriate to the hazards in the atmosphere, including

Testing from outside

(3) The employer must ensure that the competent person does not enter the confined space to carry out testing unless they have first carried out preliminary testing of its atmosphere from outside the space.

Continuous monitoring

(4) In addition to the testing required under subsection (2), the employer must ensure that the atmosphere in the confined space is continuously monitored for any accumulation of contaminants that could pose an immediate threat to life or that could interfere with a person’s ability to escape unaided from the confined space and must ensure that all persons in the space are alerted to any such an accumulation with sufficient warning to be able to exit the space safely.

Lifeline

(5) If it is not feasible to comply with subsection (1), the employer must ensure that every person in the confined space who wears a full body harness in accordance with paragraph 133(1)(b) has securely attached to it a lifeline that is secured outside the confined space and is monitored and controlled by an attendant, unless the risk of using the lifeline would pose a greater risk to the person than not using it.

Attendants

135 (1) Every employer must ensure that attendants are stationed outside and near all entrances to each confined space at a workplace under its control while the space is occupied to

Means of communication

(2) The employer must ensure that attendants are provided with a means of communicating continuously with persons in the confined space, of communicating with other attendants at the confined space and of summoning additional assistance.

No entry

(3) Attendants must not enter the confined space.

No other duties

(4) The employer must ensure that attendants are not assigned any duties beyond those referred to in subsection (1) while stationed outside a confined space.

Multiple entrances

(5) If a single attendant is responsible for monitoring more than one entrance to a confined space, the employer must ensure that they are stationed in the location that best allows them to perform their duties in respect of each of those entrances.

Instruction and training

136 (1) The instruction and training that every employer must provide to employees whose work relates to confined spaces at a workplace under its control, including employees whose work involves entering, evaluating, attending at, supervising persons in or carrying out emergency response procedures in relation to a confined space, includes

Frequency

(2) The training required under subsection (1) must be provided to every employee before the first time they do any work relating to confined spaces at the workplace and then at least once every three years.

Emergency response

(3) The employer must also provide any employee who may be required to carry out emergency response procedures in relation to a confined space with training and instruction in

Completion of work

137 Every employer must ensure that, once work in a confined space at a workplace under its control is complete, a competent person verifies that all persons have left the confined space and all tools, equipment and other material not intended to remain in the confined space have been removed.

PART 26

Hot Work

Risks

138 The risks arising from hot work are prescribed risks for the purpose of paragraph 205.02(2)(a) of the Act.

Work permit

139 (1) A work permit is required for all hot work carried out at a workplace.

Content — circumstances

(2) The circumstances referred to in paragraph 53(1)(e) that must be set out in the work permit include

Content — procedures

(3) The work procedures referred to in paragraph 53(1)(f) that must be set out in the work permit must identify, among other things, the tools and equipment to be used in carrying out the hot work.

Requirements

140 (1) Every employer must ensure that no hot work is carried out at a workplace under its control unless

Welding, cutting and allied processes

(2) The employer must ensure that welding, cutting and allied processes are carried out, to the extent feasible, in accordance with the requirements set out in CSA Group standard W117.2, Safety in welding, cutting, and allied processes.

Use of gas

(3) The employer must ensure that, if gas is used in the carrying out of hot work,

PART 27

Hazardous Energy

Definitions

141 The following definitions apply in this Part.

electrical hazard
means a danger of electric shock, arc flash burn, thermal burn or blast injury resulting from contact with electrical equipment or failure of that equipment. (risque associé à l’électricité)
hazardous energy
means any energy that can harm a person. (énergie dangereuse)
limited approach boundary
means
  • (a) in respect of an exposed energized electrical conductor,
    • (i) if it is part of an alternating current system, the distance set out in column 2 of Schedule 1 that corresponds to the conductor’s voltage in column 1, and
    • (ii) if it is part of a direct current system, the distance set out in column 2 of Schedule 2 that corresponds to the conductor’s voltage in column 1; and
  • (b) in respect of an exposed energized circuit part,
    • (i) if it is part of an alternating current system, the distance set out in column 3 of Schedule 1 that corresponds to the part’s voltage in column 1, and
    • (ii) if it is part of a direct current system, the distance set out in column 3 of Schedule 2 that corresponds to the part’s voltage in column 1. (seuil d’approche limite)
restricted approach boundary,
in respect of an exposed energized electrical conductor or circuit part, means
  • (a) if it is part of an alternating current system, the distance set out in column 4 of Schedule 1 that corresponds to the conductor’s or part’s voltage in column 1; and
  • (b) if it is part of a direct current system, the distance set out in column 4 of Schedule 2 that corresponds to the conductor’s or part’s voltage in column 1. (seuil d’approche restrictif)

Occupational health and safety program

142 Exposure to hazardous energy, including as a result of the unexpected start-up of any equipment, machine, device or system or as a result of contact with or a failure of electrical equipment, is a prescribed risk for the purpose of paragraph 205.02(2)(a) of the Act and every occupational health and safety program must

Work permit

143 A work permit is required for all work at a workplace that presents a risk of exposing any person to hazardous energy, including any work carried out closer to an exposed energized electrical conductor or circuit part than the applicable limited approach boundary or restricted approach boundary.

Employer obligations

144 (1) Every employer must ensure, at each workplace under its control, that

Lockout tag or sign

(2) If the energy source being isolated is electric, the tag or sign referred to in paragraph (1)(f) must be made of non-conductive material.

Isolation of piping

(3) The employer must ensure that

Defective electrical equipment

(4) The employer must ensure that electrical equipment that is taken out of service under section 88 is de-energized until a competent person determines it to be safe for use.

Approach boundaries

145 (1) Every employer must ensure that no person at a workplace under its control is closer to an exposed energized electrical conductor or circuit part than

No closer than necessary

(2) In any case, no person may be closer to an exposed energized electrical conductor or circuit part than is necessary to carry out their work.

Work within limited approach boundary

(3) If a person must work closer to an exposed energized electrical conductor or circuit part than the applicable limited approach boundary but does not require access to the conductor or part, or if a person working outside that boundary is at risk of inadvertently moving within it, the employer must ensure that

Work within restricted approach boundary

(4) If a person must work closer to an exposed energized electrical conductor or circuit part than the applicable restricted approach boundary, or if a person working outside that boundary is at risk of inadvertently moving within it, the employer must ensure that any tools and equipment that the person uses that could make contact with the electrical conductor or circuit part are insulated.

Arc flash boundary

(5) Every employer must ensure that, if a person at a workplace under its control must work within an arc flash boundary identified under paragraph 142(j),

Electrical safety watcher

(6) Every employer must ensure that any electrical safety watcher whom it designates for the purpose of paragraph (3)(b) or (5)(c)

PART 28

Compressed Gas

Hose lines

146 Every employer must ensure that all hose lines for conveying flammable gas or oxygen from supply piping or compressed gas cylinders to torches at a workplace under its control have threads that conform to Compressed Gas Association standard CGA V-1, Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections.

Compressed gas cylinders

147 (1) Every employer must ensure that all compressed gas cylinders at a workplace under its control, and all equipment used with them, including regulators, automatic reducing valves, gauges and hose lines are compatible for use with one another, as indicated in the manufacturers’ specifications.

Use with different gas

(2) The employer must ensure that no equipment referred to in subsection (1) that is provided for use with a compressed gas cylinder containing a particular gas or group of gases is used at a workplace under its control with a compressed gas cylinder containing a different gas, unless that use is approved by the persons who supplied the compressed gas cylinder and the equipment.

Cylinder connections and valves

(3) The employer must ensure, with respect to every compressed gas cylinder at a workplace under its control, that

Portable compressed gas cylinders

148 (1) Every employer must ensure that all portable compressed gas cylinders at a workplace under its control

Signage

(2) The employer must ensure that signs are posted in a conspicuous place in each storage area in which portable compressed gas cylinders are stored, indicating the names of the gases stored.

PART 29

Abrasive Blasting and High-Pressure Washing

Employer obligations

149 (1) The risks associated with abrasive blasting, high-pressure washing or any similar operation are prescribed risks for the purpose of paragraph 205.02(2)(a) of the Act and every employer must, if such an operation is carried out at a workplace under its control, ensure that

Definition of enclosure

(2) For the purpose of subsection (1), enclosure means a temporarily or permanently contained work area in which abrasive blasting, high-pressure washing or any similar operation is carried out, and includes an unoccupied contained work area in which such an operation is carried out by a person located outside that area.

PART 30

Explosives

Definition of activity involving an explosive

150 In this Part, activity involving an explosive includes the storage, handling, transportation, preparation or use of an explosive.

Occupational health and safety program

151 The risks associated with the carrying out of activities involving an explosive are prescribed risks for the purpose of paragraph 205.02(2)(a) of the Act and the occupational health and safety program in respect of a workplace at which those activities may be carried out must

Work permit

152 A work permit is required for any activity involving an explosive that is carried out at a workplace.

Employer obligations

153 (1) Every employer must ensure, with respect to each workplace under its control, that

Retention of register

(2) The employer must retain the register referred to in paragraph (1)(f) for at least two years after the last day on which information is recorded in it.

PART 31

Hazardous Substances

Definitions

154 The following definitions apply in this Part.

fugitive emission
means a hazardous product in any form that escapes into the workplace from processing equipment, emission control equipment or a product. (émission fugitive)
hazardous waste
means a hazardous product that is intended to be recycled, recovered or disposed of. (résidu dangereux)
product identifier,
in respect of a hazardous substance, including a hazardous product, means its brand name, chemical name, common name, generic name or trade name. (identificateur de produit)

Occupational health and safety program

155 (1) Exposure to hazardous substances is a prescribed risk for the purpose of paragraph 205.02(2)(a) of the Act and the associated control measures set out in the occupational health and safety program must be commensurate to the risks associated with each hazardous substance present at the workplace.

Contents

(2) Every occupational health and safety program must set out procedures for

Investigation and assessment

156 (1) The employer must, for the purpose of investigating and assessing potential exposure to hazardous substances under paragraph 205.022(f) of the Act, before the work that gives rise to the potential exposure begins,

Combined effect

(2) If two or more hazardous substances have a similar toxicological effect on the same target organ or system, their combined effect must be considered for the purpose of the investigation and assessment, using the additive mixture formula set out in the American Conference of Governmental Industrial Hygienists publication TLVs and BEIs: Based on the Documentation of the Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices.

Testing methodology

(3) If it is likely that the concentration of an airborne chemical agent referred to in clause (1)(a)(i)(F) exceeds the threshold limit value for that agent referred to in paragraph 157(1)(a), the concentration must be determined using a test that conforms to the United States National Institute for Occupational Safety and Health’s NIOSH Manual of Analytical Methods, if such a test exists for that agent.

Employer obligations

157 (1) Every employer must ensure, in respect of each workplace under its control, that

Securing of valves, seals and mechanisms

(2) Each valve or other seal or mechanism referred to in subparagraph (1)(r)(i) must be secured in the open or closed position, as the case may be, using a positive mechanical device that is designed to resist being opened inadvertently, other than as a result of excessive force.

Records of exposure

(3) Every employer must retain all records of exposure referred to in paragraph 205.022(g) of the Act for 40 years after the day on which the exposure is first documented.

Identification

158 (1) For the purpose of paragraph 205.022(c) of the Act, any container that contains a hazardous substance — other than a hazardous product — is to be clearly marked with the substance’s generic name and hazardous properties.

Hazard information

(2) If a safety data sheet or other document that identifies, and sets out hazard information in respect of, a hazardous substance — other than a hazardous product — that is stored, handled or used at a workplace may be obtained from the supplier by the employer with control over the workplace, the employer must obtain that document and make it available to every employee at the workplace.

Hazardous products — labelling

159 (1) Paragraph 205.022(d) of the Act does not apply in respect of

Requirements

(2) For the purpose of paragraph 205.022(d) of the Act, the information that each label must disclose is the information that is required to be disclosed on a label under the Hazardous Products Regulations and the hazard symbols that the label must have displayed on it — and the manner of displaying those symbols — are those required by those Regulations.

Exceptions

(3) Despite subsection (2), the label need only set out

Hazardous products — safety data sheets

160 (1) Paragraph 205.022(e) of the Act does not apply in respect of

Information required

(2) The information that must be disclosed for the purpose of subparagraph 205.022(e)(v) of the Act is all information not referred to in subparagraphs 205.022(e)(i) to (iv) of the Act that is required to be included on a safety data sheet under the Hazardous Products Regulations.

Exemption from requirement to disclose

161 (1) Subject to subsection (2), if an employer has filed a claim under subsection 11(2) of the Hazardous Materials Information Review Act for an exemption from a requirement under the Act to disclose information, it must disclose in place of that information on any safety data sheet or other document, label or sign

Product identifier

(2) If the claim for exemption is in respect of a product identifier, the employer must disclose, in place of the product identifier on any safety data sheet or other document, label or sign, a code name or code number assigned by the employer to identify the hazardous product.

Instruction and training

162 The instruction and training that every employer must provide to its employees includes

Provision of information in emergency

163 For the purpose of subsection 205.023(1) of the Act, a medic is a prescribed medical professional.

PART 32

Diving

Definitions

164 The following definitions apply in this Part.

decompression table
means a table or set of tables that shows a schedule of rates for safe descent and ascent and decompression stop times, having regard to the breathing mixture to be used by a diver during a dive. (table de décompression)
dive contractor
means an employer that exercises direction and control over diving operations at a workplace. (entrepreneur en plongée)
dive team
means all divers, standby divers, dive support personnel and dive supervisors on a dive project. (équipe de plongée)
dive safety specialist
means a person designated under subsection 168(1). (spécialiste de la sécurité en plongée)

Occupational health and safety program

165 The risks associated with diving operations are prescribed risks for the purpose of paragraph 205.02(2)(a) of the Act and the occupational health and safety program in respect of a workplace from which a dive project is carried out must include

Prohibitions

166 It is prohibited to carry out the following diving activities at or from any workplace:

Instruction

167 The instruction that every dive contractor must provide to all dive team members includes instruction on the hazards of diving in cold water and the appropriate emergency response to any loss of heating to a diver, their breathing mixture or their equipment.

Dive safety specialists

168 (1) The operator of a workplace from which a dive project is to be carried out and the dive contractor that exercises direction and control over the diving operations at that workplace must each designate in writing a competent person as a dive safety specialist, to be present at the workplace for the duration of the dive project and be available during all dives to advise on any matter related to the safety of the project

Requirements

(2) Each dive safety specialist must

Independence

(3) The dive safety specialist designated by the operator must be independent of the dive contractor and the dive safety specialist designated by the dive contractor must be independent of the operator.

Different persons

(4) The same person may not be designated as a dive safety specialist by both the operator and dive contractor in respect of the same dive project.

Emergency response plan

169 (1) The emergency response plan developed under section 18 in respect of a workplace from which a dive project is carried out must include provisions developed by the dive contractor — in consultation with the dive safety specialists for the project and, as the case may be, the installation manager referred to in section 193.2 of the Act or the offshore construction manager and dive vessel master — that

Procedures

(2) The dive contractor must ensure that detailed emergency response procedures covering all reasonably foreseeable emergencies are readily available to all persons at the workplace who may have a role in carrying them out.

Availability of plan

(3) In addition to conforming to subsection 18(3), every dive contractor must ensure that the emergency response plan for the workplace from which the dive project for which it exercises direction or control over diving operations is carried out is made readily available to all persons, including those not at the workplace, who may have a role in responding to a dive emergency.

Emergency drills and exercises

170 The plan established under section 30 for any workplace from which a dive project is carried out must include provisions, developed by the dive contractor, requiring the conduct of exercises and drills with respect to all reasonably foreseeable dive emergencies, including

Dive project plan

171 (1) Every dive contractor must, in respect of each dive project for which it exercises direction or control over the diving operations, in consultation with the dive safety specialists for the project and, as the case may be, the installation manager referred to in section 193.2 of the Act or the offshore construction manager and dive vessel master, establish, maintain and implement a written dive project plan that sets out, in detail, all operational and safety elements of the proposed dive project, including

Dive team

(2) For the purpose of paragraph (1)(b), the composition of the dive team must be determined having regard to the risk assessment carried out in accordance with the occupational health and safety program and that team must include

Means of communication

(3) All means of communication referred to in paragraph (1)(n) must be dedicated and continuous and, if used between a dive supervisor and diver, must

Dive contractor obligations

172 (1) Every dive contractor must ensure, with respect to all diving operations under its direction and control, that

Surface-supplied diving

(2) If the diving operation involves surface-supplied diving, the dive contractor must also ensure that

Saturation diving

(3) If the diving operation involves saturation diving, the dive contractor must also ensure that

Dive record

173 (1) Every dive contractor must make and sign a record that sets out, in respect of each dive carried out under its direction or control,

Retention of record

(2) The dive contractor must retain the record for five years after the day on which the dive is completed.

Retention of recordings

(3) The dive contractor must retain all recordings referred to in paragraphs 171(3)(c) and 172(1)(q) for 48 hours after the diver has returned to the surface or living chamber, as the case may be, or any longer period that is necessary to enable the operator to investigate an occupational disease, accident, incident or other hazardous occurrence under subsection 205.017(2) of the Act.

PART 33

Related Amendments to the Newfoundland Offshore Certificate of Fitness Regulations

174 (1) The portion of subparagraph 4(2)(a)(i) of the Newfoundland Offshore Certificate of Fitness Regulationsfootnote 1 before clause (A) is replaced by the following:

(2) Subparagraph 4(2)(a)(i) of the Regulations is amended by adding “and” at the end of clause (A) and by replacing clauses (B) and (C) with the following:

175 Parts 1 and 2 of the schedule to the Regulations are replaced by the following:

PART 1

Provisions of Canada–Newfoundland and Labrador Offshore Area Occupational Health and Safety Regulations

PART 34

Coming into Force

January 1, 2022

176 These Regulations come into force on January 1, 2022, but if they are registered after that day, they come into force on the day on which they are registered.

SCHEDULE 1

(Section 141)

Approach Boundaries for Alternating Current Systems (distance from energized electrical conductor or circuit part to person)
Item

Column 1

Nominal System Voltage Range, Phase to Phase table e1 note a

Column 2 Column 3

Column 4

Restricted Approach Boundary

Limited Approach Boundary
Exposed Energized Electrical Conductor Exposed Energized Circuit Part
1 Less than 30 V Not applicable Not applicable Not applicable
2 31 V – 150 V 3.0 m 1.0 m > 0 m
3 151 V – 750 V 3.0 m 1.0 m 0.3 m
4 751 V – 15 kV 3.0 m 1.5 m 0.7 m
5 15.1 kV – 36 kV 3.0 m 1.8 m 0.8 m
6 36.1 kV – 46 kV 3.0 m 2.5 m 0.8 m
7 46.1 kV – 72.5 kV 3.0 m 2.5 m 1.0 m
8 72.6 kV – 121 kV 3.3 m 2.5 m 1.0 m
9 138 kV – 145 kV 3.4 m 3.0 m 1.2 m
10 161 kV – 169 kV 3.6 m 3.6 m 1.3 m
11 230 kV – 242 kV 4.0 m 4.0 m 1.7 m
12 345 kV – 362 kV 4.7 m 4.7 m 2.8 m
13 500 kV – 550 kV 5.8 m 5.8 m 3.6 m
14 765 kV – 800 kV 7.2 m 7.2 m 4.9 m

Table e1 note(s)

Table e1 note a

For single-phase systems above 250 V, select the range that is equal to the system’s maximum phase-to-ground voltage times 1.732.

Return to table e1 note a referrer

SCHEDULE 2

(Section 141)

Approach Boundaries for Direct Current Systems (distance from energized electrical conductors or circuit parts to person)
Item

Column 1

Nominal System Voltage Range, Phase to Phase

Column 2 Column 3

Column 4

Restricted Approach Boundary

Limited Approach Boundary
Exposed Energized Electrical Conductor Exposed Energized Circuit Part
1 Less than 30 V Not applicable Not applicable Not applicable
2 31 V – 300 V 3.0 m 1.0 m > 0 m
3 301 V – 1 kV 3.0 m 1.0 m 0.3 m
4 1.1 kV – 5 kV 3.0 m 1.5 m 0.4 m
5 5.1 kV – 15 kV 3.0 m 1.5 m 0.7 m
6 15.1 kV – 45 kV 3.0 m 2.5 m 0.8 m
7 45.1 kV – 75 kV 3.0 m 2.5 m 1.0 m
8 75.1 kV – 150 kV 3.4 m 3.0 m 1.2 m
9 150.1 kV – 250 kV 4.0 m 4.0 m 1.6 m
10 250.1 kV – 500 kV 6.0 m 6.0 m 3.5 m
11 500.1 kV – 800 kV 8.0 m 8.0 m 5.0 m

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the regulations.)

Executive summary

Issues: The Offshore Health and Safety Act (OHSA) introduced transitional regulations in Canada’s two offshore Accord areas to operationalize the new occupational health and safety (OHS) regime in the interim while permanent, tailored OHS regulations were developed for both the Canada–Newfoundland and Labrador and Canada–Nova Scotia offshore areas. The transitional regulations will automatically be repealed on December 31, 2021. Permanent regulations that are appropriate to the unique hazards of offshore petroleum workplaces must be in force by that date for each of the two offshore areas to ensure the continued protection of employee occupational health and safety.

The assessment of appropriateness includes both the types of work that take place within the offshore workplaces and the workplaces themselves which range from fixed and floating production installations, to mobile offshore drilling units (MODUs) and to ships used for seismic, construction, diving or geotechnical work. These regulations also address the additional complication arising from the fact that MODUs and ships are often flagged to foreign jurisdictions and subject to international maritime safety conventions and flag state rules, including OHS requirements from those countries in which they must also comply.

Description: These regulations are a mix of performance-based and prescriptive OHS requirements that address the unique hazards of offshore petroleum workplaces in the Canada–Newfoundland and Labrador and Canada–Nova Scotia offshore areas. They build upon, and are to be used in conjunction with, the OHS requirements established in the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act.

These regulations promote and help to protect the health and safety of offshore employees and other personnel in the workplace, while incorporating the necessary flexibility to allow MODUs and ships flagged to foreign jurisdictions, which are subject to international maritime safety conventions and flag state rules, to comply. These regulations align, where possible and appropriate, with domestic and international industry standards, international maritime safety conventions and onshore provincial health and safety regimes in Newfoundland and Labrador and Nova Scotia.

Rationale: The OHSA requires permanent regulations be established to replace the transitional regulations before the end of 2021 to ensure the continued health and safety of offshore employees and other personnel in the workplace.

These regulations respond to stakeholders’ call for a modern and enhanced regime for the protection and promotion of the health and safety of the offshore workforce, and for the Government of Canada to establish permanent regulations as soon as possible.

The governments of Newfoundland and Labrador and Nova Scotia will each establish provincial regulations that will mirror these regulations and respect the joint management regime for each offshore area. The entrance into force date is set to ensure that the federal and provincial versions of the regulations enter into force simultaneously.

These regulations contribute to maintaining or improving health and safety outcomes for employees and other personnel in petroleum activities in the Canada–Newfoundland and Labrador and Canada–Nova Scotia offshore areas. These regulations will result in a net present benefit of $2.69 million between 2022 and 2031 (discounted to 2021 using a rate of 7%). The total present value of the quantified benefits is $4.03 million, while the total present value costs is $1.34 million.

Issues

The transitional OHS regulations that were established at the end of 2014 will automatically be repealed on December 31, 2021, and new, permanent regulations must be in force by that date for each of the two offshore jurisdictions to ensure there are no gaps in coverage of employee occupational health and safety regulatory protection.

These regulations address the unique hazards of offshore petroleum workplaces; they are appropriate for the various types of work that take place within the offshore workplaces, as well as the workplaces themselves, which range from fixed and floating production installations, to mobile offshore drilling units (MODUs) and to ships used for seismic, construction, diving, or geotechnical work. These regulations also address additional complications arising from the fact that MODUs and ships are often flagged to foreign jurisdictions and subject to international maritime safety conventions and flag state rules, including OHS requirements from those countries in which they must also comply.

Background

Joint management regime

The offshore areas of Newfoundland and Labrador (NL) and Nova Scotia (NS) are unique in that they are jointly managed by both the federal and provincial governments. This joint management framework requires mirror federal and provincial legislation and regulations for both the Canada-NL and Canada-NS offshore areas.

In 1985, Canada and NL concluded an agreement to jointly manage oil and gas resources off the coast of that province. This agreement is implemented through the federal Canada-Newfoundland and Labrador Atlantic Accord Implementation Act and mirror provincial legislation. Petroleum resource activity in the offshore area of NL is regulated by the Canada-Newfoundland and Labrador Offshore Petroleum Board (C-NLOPB).

In 1986, Canada and NS reached a similar agreement that is implemented through the federal Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and mirror provincial legislation. These Acts established the Canada-Nova Scotia Offshore Petroleum Board (CNSOPB) to regulate petroleum activities in the offshore area of that province.

The C-NLOPB and the CNSOPB (the Boards) are independent joint regulators that regulate at arm’s length from both the federal and provincial governments. The Boards administer the offshore petroleum regulatory regime to ensure the health and safety of offshore workers and protection of the environment, among other legislative requirements.

Establishment of the occupational health and safety regime in the Accord areas

On December 31, 2014, the Offshore Health and Safety Act (OHSA) came into force, amending the Accord Acts with the addition of Part III.1 in each Act. The objective of the OHSA, and Part III.1, is to prevent accidents and injury arising out of, linked to, or occurring during the course of employment in offshore petroleum-related activities. It established the internal responsibility system for managing occupational health and safety in these remote, high-hazard workplaces.

The OHSA provided for a suite of transitional regulations to support the implementation of the new regime for each of the Canada-NL and Canada-NS offshore areas to enter into force on the same day and remain in place for up to five years while permanent regulations were being developed. The suite of transitional regulations included, for each of the respective Accord areas, the Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations, the Offshore Marine Installations and Structures Transitional Regulations and the Diving Operations Safety Transitional Regulations. In the face of unexpected delays in the regulatory development process, Parliament extended the deadline for repeal of the transitional regulations, and through Bill S-3 (An Act to amend the Offshore Health and Safety Act), the Government of Canada now has until December 31, 2021, to implement the permanent regulations.

OHS initiative and governance

In 2014, the Atlantic Occupational Health and Safety Initiative (the OHS initiative) was established to develop new, permanent regulations that would replace the transitional regulations prior to their statutory repeal date. It represents a partnership between the governments of Canada, Nova Scotia, and Newfoundland and Labrador, with advice from the Boards. The goal of the federal-provincial initiative is to develop new, modernized OHS regulations that are tailored to workplaces in the two offshore jurisdictions. In accordance with the joint management framework for both offshore areas, the governments of Newfoundland and Labrador and Nova Scotia must publish mirror provincial versions of the regulations.

Federally, the OHS initiative is led by Natural Resources Canada (NRCan), with input and subject matter expertise provided by the Labour Program of Employment and Social Development Canada (ESDC) and by Transport Canada. The regulations developed under this initiative must come on the recommendation of both the Minister of Natural Resources and the Minister of Labour. Additionally, the regulatory provisions that pertain to passengers in transit to/from/in between offshore workplaces must come on the recommendation of the Minister of Transport.

Provincially, the OHS initiative is led by the departments responsible for occupational health and safety (Nova Scotia Department of Labour, Skills and Immigration and the Department of Digital Government and Service NL). The ministers for these departments are responsible for oversight of Part III.1. The NS Department of Natural Resources and Renewables and the NL Department of Industry, Energy and Technology, whose ministers retain provincial oversight of the Accord legislation in each province, are contributing partners to the initiative.

The Boards have been regulatory partners throughout the process, providing technical expertise and support to governments.

Amendments to the transitional regulations

The transitional regulations were largely based on existing federal regulatory requirements, including the Oil and Gas Occupational Safety and Health Regulations, which are made under the Canada Labour Code and apply to employees working in petroleum resource activities in Canada’s offshore and frontier lands outside of the Accord areas. These regulations, however, are outdated in many respects and not tailored to marine workplace settings. The consequence of this was soon realized shortly after the transitional regulations entered into force. In the first half of 2015, more than 135 applications were received by the Boards from industry stakeholders requesting substitutions of certain requirements of the transitional regulations with international standards.

Specifically, the requested substitutions were related to short-term exploration programs involving ships, the majority of which are flagged to countries other than Canada and operate for extended periods in international jurisdictions. In addition, other short-term workplaces, such as those involved in construction activities, made it difficult for companies to comply with requirements as changing ship configuration and design, operation and maintenance standards can be costly and potentially hazardous given the short duration of use in Canada. Numerous applications requested substitutions related to food handling and safety, marking of electrical hazardous areas, fire-protection equipment, immersion suits and portable tools. In most instances, companies requested to align with internationally accepted standards for maritime safety over the existing transitional regulations.

Industry proponents were vocal in their concern that the process for application and approval of substitutions had the potential to create project delays and result in significant increases in exploration costs, purporting that the process did not ultimately provide an increased level of safety and, therefore, was administratively burdensome. In addition, industry expressed concern that the alternative to applying for a regulatory deviation could involve substituting familiar equipment and tools in the workplace with unfamiliar equipment and tools, which also had the potential to create new hazards through reduced employee familiarity.

Government responded to these concerns in 2017 by amending the transitional regulations to provide greater flexibility for all offshore workplaces to meet the regulatory requirements, reducing administrative burden while affording an equivalent level of safety to offshore employees and other personnel in the workplace. The amendments provided greater options for ships to comply and provided recognition for certain international conventions and standards.

Parallel with working to amend the transitional regulations, work continued under the OHS initiative to develop the permanent regulations that would replace the transitional ones.

Objective

The primary objective is to establish permanent occupational health and safety regulations in each of the Canada-NL and Canada-NS offshore areas that are appropriate for the unique hazards that exist in remote, offshore petroleum workplaces, and therefore ensure the health and safety of offshore employees and other personnel in the workplace. A secondary objective is to provide flexibility to internationally flagged MODUs and ships to comply with the established health and safety requirements while working in Canada’s offshore Accord areas.

Description

These regulations are a mix of performance-based and prescriptive occupational health and safety requirements. The majority of the requirements are not new; rather, they will codify what offshore operators and employers have been required to do under the transitional regulations, safety directives and/or notices from the Chief Safety Officers (CSOs) and codes of practice, or what they have voluntarily done as industry best practices for safety in offshore petroleum operations.

These regulations are tailored to recognize differences in offshore workplaces, from fixed and floating production installations to MODUs to ships used for seismic, geotechnical, construction and diving activities. In places where domestic or other North American technical standards are the only standard incorporated by reference, inherent flexibility has been incorporated to allow for equipment certified to a different standard to be used, provided the equipment conform to the minimum performance requirements established by the standard that has been incorporated by reference into these regulations.

The main themes and requirements of these regulations are outlined below.

OHS management systems and programs

The Accord Acts established the requirement that an OHS management system and an OHS program be developed and implemented for each workplace by the operator and employer having control over the workplace, respectively. These regulations build on those statutory requirements by further clarifying expectations of OHS management systems in terms of content, service of documents, and implementation.

The Accord Acts require that operators and employers having control over the workplace systematically identify and assess all risks in the workplace and address them in their OHS management systems and programs. These regulations further prescribe a number of specific risks that must be addressed by the employer’s OHS program. These include risks arising from or associated with workplace harassment and violence, use of materials handling equipment for lifts, exposure from hazardous energy, explosive activities, fire and explosion, falls of persons and objects, thermal stress, excessive sound levels, accumulation of and exposure to waste material, presence of pests, consumption of unsafe food and non-potable water, and poor air quality. Although employers are obligated under the Accord Acts to address these risks if they are present in the workplace, prescribing them as risks in these regulations gives clear direction to employers that all OHS programs must address these specific elements.

Passengers in transit

These regulations set out new requirements under the Accord Acts regime for the two main methods of transportation offshore: by helicopter and vessel. All employees and other persons being transported to, from, or between workplaces must be provided with specific emergency preparedness familiarization, equipment and devices, and personal protective equipment (PPE), all of which are aligned with existing regulatory requirements under Transport Canada’s aviation and marine safety regimes.

These regulations also require operators to establish procedures for other methods of safe access to the workplace, which may include gangways and fast rescue boats; however, operator procedures must not permit the use of swing ropes.

Employee well-being

The nature of offshore work arrangements, where typical rotations of three weeks offshore with 12-hour workdays, and three weeks off work, can prove challenging for many in managing the emotional strain of being away from home and loved ones. These regulations require employers to establish measures in their OHS programs for promoting mental health and healthy lifestyles and require employers to address substance abuse, the effects of working remotely on mental health and the management of mental illness.

In addition, the OHS programs must set out measures for managing impairment as a result of fatigue, stress, injury, illness, other physical or psychological condition, alcohol or drugs. Fatigue management is presently addressed in the Canada-NL offshore area through the Fatigue Management in the Canada — Newfoundland and Labrador Offshore Petroleum Industry code of practice (PDF), which the Chief Safety Officer of the C-NLOPB has required operators and employers in the offshore to adopt.

These regulations establish new requirements for employers having control over the workplace to develop and implement procedures for proactively identifying and mitigating musculoskeletal injuries, and policy and additional measures to address workplace violence and harassment.

Training

These regulations set requirements for training in offshore survival, legislative awareness, and hydrogen gas, and require employers to provide orientation training related to other hazards and emergencies in that workplace. Training requirements are consistent with the Atlantic Canada Offshore Petroleum Standard Practice for the Training and Qualifications of Offshore Personnel (PDF), a code of practice that the chief safety officers of the C-NLOPB and the CNSOPB have both required operators and employers of drilling and production workplaces to adopt.

Reporting and investigating

These regulations prescribe the manner and form of notifying and reporting to the operator and the Board instances of occupational diseases, accidents, incidents or other hazardous occurrences in the workplaces. These requirements are similar to those in the transitional regulations, but provide greater clarity. This will ensure that operators have the information they need to execute their legislative responsibilities to investigate, and to ensure the Board has the information required for enforcement actions. Some of these requirements have been established in practice through reporting guidelines issued by the Boards, including the requirement that investigations be proportional to the level of potential severity, rather than its actual severity.

Emergency preparedness

These regulations establish emergency response and first aid and medical care obligations, many of which existed in the transitional regulations or are already voluntarily in practice in the offshore. These regulations provide greater clarity on the availability, type and amount of emergency equipment, immersion suits, fire fighting gear and other PPE. They allow flexibility regarding emergency equipment and alarms, based on the type of workplace and workplace risk assessment. This flexibility is intended to alleviate some of the past administrative burden related to regular applications for regulatory substitutions from the transitional regulations, in circumstances where there is likely little to no reduction in the level of safety.

Emergency “grab bags” in sleeping quarters, with a smoke hood, gloves and light source, have been a common best practice that operators voluntarily complied with in the past in drilling and production workplaces. Recognizing their potential value in other workplaces, the regulations make them a requirement for all workplaces.

Recognizing also the dynamic and diverse workplace arrangements offshore, these regulations also require employers to contemplate how emergency plans may interact in situations where there are multiple employers, and to ensure they are aligned.

The provisions relating to emergency drills and exercises, including lifeboat launching, are aligned with international maritime conventions and domestic maritime rules for ships. Flexibility around lifeboat launching has been incorporated, recognizing that there may be circumstances where lifeboat launches are not feasible, and thus will require alternative arrangements and prior approval of the Chief Safety Officer.

Inspections

Inspections are a key element of any OHS regulation and are a critical precautionary measure necessary for safety. These regulations clarify and build upon the inspection requirements that existed in the transitional regulations by setting out that they are to be carried out in accordance with the most stringent of:

These regulations also set out a minimum annual frequency for inspections on equipment, machines, or devices:

Conformance with standards incorporated by reference

These regulations specify minimum requirements directly in the regulation, but also by incorporating by reference aspects of applicable standards for specific activities and equipment, machines, and devices, including mobile equipment, emergency equipment, PPE, material handling equipment, electrical tools, air quality, compressed gas cylinders, scaffolding, rope access, and guarding of machinery.

These regulations require that equipment or processes conform to the specifications of a particular standard that has been incorporated by reference. Care has been taken to ensure only the relevant sections of a standard have been incorporated by reference, and in many cases, the elements related to “marking” of equipment to the particular standard have been intentionally excluded from the reference to ensure that the provision remains flexible. This approach allows for equipment that meets or exceeds the minimum specifications outlined in the specified section(s) of that standard to be used, even if the equipment has been certified to, and bears the marking of, a different standard organization body.

Many offshore workplaces are ships and MODUs, working internationally and often only engaged in work in offshore Canada for a short period of time. These ships and MODUs are typically not flagged to Canada and there is often equipment and processes in use that comply or are certified to international standards. In light of this, the regulations establish the minimum requirements without restricting workplaces to only use equipment that has been certified and marked as meeting a domestic standard.

Substitutions from the regulations are not required where conformance is permitted within the regulation and the employer has determined that the equipment being used does indeed conform to the regulatory requirements.

Work permitting system

These regulations establish requirements for the issuance of work permits for certain types of high-risk tasks and establish the elements that a work permit must address, such as the work procedures to be followed, PPE to be worn, and the results of any tests that were conducted, prior to any task being approved to commence. These regulations serve to codify what has been in practice in the offshore.

Hazardous substances

The transitional regulations had previously set out requirements related to hazardous substances used, produced, handled, or stored for use in the workplace in order to prevent accidents, injuries and occupational diseases related to them. These regulations align with the classification and hazard communication requirements in Canada’s more modern national hazard communication standard and international jurisdictions that have implemented the Globally Harmonized System for the Classification and Labelling of Chemicals (GHS).

Control of hazardous energy

These regulations introduce new requirements for the control of hazardous energy, other than electrical energy (which requirements previously existed in the transitional regulations), and tailor requirements related to all hazardous energy to the types of workplaces that exist in the offshore, considering that many of these workplaces tend to be foreign flagged ships and MODUs. These regulations codify what has been in practice in the offshore.

Diving

These regulations establish requirements that are more in line with domestic and international diving standards and practices.

The new diving provisions prescribe requirements for the dive team and other personnel competencies, emergency drills and exercises, means of communication, breathing mixtures, and dives from dynamically positioned vessels. They also specify the objectives to be met in regard to the dive project plan, diving procedures, emergency response plans, collaboration between the dive team and operations, decompression, dive team member training, continuous monitoring of divers, and different types of diving. Regulated parties may look to the C-NLOPB and CNSOPB for further guidance on how to achieve compliance to the regulatory requirements (e.g. standards which may aid in achieving compliance may be listed in guidance). These regulations establish the minimum expectations in other diving matters, such as the diving system, competencies, and breathing mixtures.

These regulations stipulate the form and duration in which diving records and recordings are to be retained and prohibits self-contained underwater breathing apparatus (SCUBA) diving, surface-supplied diving using a breathing mixture that contains helium, surface-supplied diving above specific pressures, and pressurization from being scheduled to last more than 28 days.

Regulatory development

Consultation

The policy intent and draft regulations were subject to a comprehensive engagement and consultation process. Stakeholders were provided with multiple opportunities to provide input throughout the various phases of the regulatory development process.

Stakeholders included the offshore workforce; labour unions; oil and gas operators and employers; regulators; certifying authorities; drilling, geophysical/seismic and diving contractors; helicopter and marine transfer service providers; industry associations; and, companies engaged in the offshore service and supply sector. Indigenous groups in Newfoundland and Labrador and Nova Scotia were also given opportunities to engage in the regulatory development process.

NRCan and its provincial partners held engagement opportunities in the spring of 2015, the summer of 2016, and the summer and fall of 2017 on various topical areas to obtain input into the draft policy intent that would support the development of the regulations for both offshore areas. Engagement opportunities included written comment periods as well as in-person sessions held in both St. John’s, NL, and Halifax, NS. The input and advice received during these sessions helped shape the final policy intent, which was presented at a follow-up engagement session in the spring of 2018. This session provided an opportunity for government partners to demonstrate to stakeholders how feedback received in earlier engagements had been considered and incorporated into the consolidated policy intent, which formed the basis of the drafting instructions for the proposed regulations for each offshore area.

In March of 2021, the draft regulations were shared for review with provincial government partners, the C-NLOPB and the CNSOPB, and key stakeholders who participated and submitted comments during the early engagement sessions. The goal in sharing an early draft of the regulations was to address as many comments and concerns as possible, ahead of prepublishing the proposed regulations. Approximately 400 comments and questions were submitted on the technical content. All input was reviewed and considered by NRCan and its provincial and regulatory partners, and the draft regulations were revised accordingly.

The nature and content of the feedback was largely dependent on the stakeholder and their role in the OHS regime; however, common themes included the incorporation by reference technical standards and other documents; minimum inspection frequencies and risk-based inspection schemes; training; mental health; workplace committee and coordinator participation; and, offshore diving safety. In addition to the general themes, there were a number of specific comments on more technical matters that were considered and addressed. Although the offshore workforce was consulted via the various workplace committees, no comments were received from individual offshore employees or any workplace committee.

On July 24, 2021, the proposed Canada–Newfoundland and Labrador Offshore Occupational Health and Safety Regulations and the proposed Canada–Nova Scotia Offshore Occupational Health and Safety Regulations were published in the Canada Gazette, Part I, Vol. 155, No. 30, followed by a 30-day comment period. NRCan notified stakeholders by email on the date of publication that the proposed regulations were available for review and comment.

There was a total of 63 comments received in four submissions from stakeholders, including one industry association representing offshore operators (Canadian Association of Petroleum Producers or CAPP) and three occupational diving subject matter experts. In addition, informal comments were received from contributing regulator partners. Feedback received during this consultation period included questions, input and suggested revisions to regulatory text to improve the clarity regarding the requirements, their applicability, and other administrative provisions. All comments received were reviewed in consultation with provincial and offshore board partners, with some resulting in modifications to the regulations. The feedback received, and NRCan and provincial partners’ response, can be found on the Atlantic Occupational Health and Safety Initiative web page.

The following summarizes the feedback received during the consultation period, along with NRCan and its provincial partners’ responses and any resulting changes to the regulations.

Industry areas of “critical concern”

CAPP identified the following issues which it deemed to be of critical concern to their ongoing operations, noting that compliance with the requirements, as proposed, had the potential to result in significant system shutdowns.

Risk-based inspection programs and prescriptive inspection frequencies

CAPP raised concern regarding a perceived lack of recognition in the proposed regulations for risk-based inspection programs. CAPP suggested that the prescribed frequency of inspections of boilers and pressure equipment posed potential increased risk to personnel and equipment, and would create operational burdens and challenges. Given these concerns, it suggested including an alternative requirement to permit a risk-based inspection and/or a condition-based monitoring scheme.

NRCan and its provincial partners believe there is scope for risk-based inspection and/or condition based monitoring schemes to exist within the regulatory framework, with minimum frequencies set by regulation. However, government partners further considered the potential occupational health and safety hazard presented by boilers and pressure equipment and concluded that the significant hazards presented by this equipment relate to employee potential exposure to hazardous energy and hazardous substances. These topics, and their associated hazards, are addressed separately in Parts 27 and 31, while Part 28 addresses compressed gas.

Furthermore, the Accord Acts obligate the operator and employer to ensure that all equipment in the workplace, including boilers and pressure equipment, is safe for use and used as intended. The Accord Acts also require the operator and employer to take all reasonable measures to ensure the health and safety of employees and others in the workplace. Given this, NRCan and its provincial partners concluded that the OHS concerns related to boilers and pressure equipment have already been addressed through these other obligations and regulatory requirements, and as such, the Part on boilers and pressure equipment has been removed from the regulation.

CAPP also raised concern regarding how the annual “thorough safety inspections” for certain equipment may be interpreted by the Boards. In particular, the concern surrounded the potential for the annual inspection to be a full tear-down of equipment, which could result in potentially unnecessary shutdowns and downtime of operations.

The intent of this annual inspection is OHS in nature — it is to verify that the equipment continues to be safe to use and that it does not present any hazards to the user or personnel in the vicinity. It is not intended to be a comprehensive inspection of the operational integrity of equipment, such as the comprehensive inspections contemplated under Part III of the regulations; however, as to what a thorough inspection under OHS entails, it will vary depending on the nature and complexity of the equipment. This clarity has been provided to CAPP and to the regulators. No changes were made to the regulations as a result of this comment.

Prescriptive isolation of piping requirements

CAPP objected to the proposed requirements related to isolating piping, asserting that the requirements were too prescriptive and restricted to only two methods, both of which CAPP suggested would be unfeasible for some piping scenarios. They further indicated that the prescribed methods allow for industry best practices for isolation on piping to be used where the level of assessed risk does not necessitate that extent of isolation. CAPP noted that the piping in certain workplaces may not allow for compliance and that, in these instances, production operations may need to be shut down in order to comply, which could potentially introduce new safety risks.

The provisions related to isolation of piping containing hazardous energy or hazardous substances were revised to include an alternate method of isolation, provided additional controls for ensuring reliability of the isolation are in place. The provisions related to isolation of piping within confined spaces, however, remain unchanged due to the high risk associated with working in those spaces. The Chief Safety Officer may permit an alternative method for isolating piping within those confined spaces through an approved regulatory substitution.

Additional themes from industry
Application of OHS and framework regulations

CAPP commented that the proposed regulations missed an opportunity to develop OHS regulations that recognize marine installations and structures that hold a certificate of fitness, as required under Part III of the Accord Acts as distinct from ones that do not.

The Accord Acts clearly outline the application of Part III.1 to workplaces in the offshore area, as well as to passengers in transit to/from/in-between those workplaces. The Accord Acts further define “workplace” for the purpose of Part III.1, which includes all marine installations and structures, irrespective of whether they may be subject to a certificate of fitness under Part III. Given this, an application provision in the regulations is not required.

Conformance with standards incorporated by reference

CAPP cited concern with the incorporation by reference of Canadian and North American standards, suggesting that many were not written for offshore application. In addition, CAPP suggested that this could add a substantial administrative burden to operators in the form of gap analyses if Board safety officers ask for conformance to be demonstrated. CAPP suggested the regulations should instead allow for other rules, codes, or standards acceptable to a recognized classification society and previously accepted by the Chief Safety Officer as regulatory substitutions.

Incorporation by reference of technical standards and other documents is used to make the content or text of the incorporated document a part of the regulations, regardless of its source and without the need to reproduce the language within the regulations. Every document that has been incorporated by reference in the regulations has been reviewed and assessed for its appropriateness for the Canada-NL and Canada-NS offshore areas.

NRCan and its provincial partners have taken great care in ensuring that how the regulations incorporate the content of each document provides the flexibility to allow equipment already on board a marine installation or structure to be used, provided it meets the minimum specifications laid out in the incorporated text without necessarily needing to be certified to that standard.footnote 2 For example, many standards pertaining to PPE that are incorporated by reference expressly exclude provisions related to marking, which would otherwise require the equipment to be marked/stamped to the specific standard organization (e.g. Canadian Standards Association [CSA]). This means that equipment, which meets the requirements detailed in the standard, but is not marked with the CSA logo, may still be used. Additionally, there are a number of areas where international safety convention requirement and/or other international standards (e.g. European standards [EN], International Organization for Standardization [ISO]) have been incorporated by reference. Given this approach, no changes to the regulations were required as a result of this feedback.

The Accord Acts provide Board occupational health and safety officers the powers necessary to verify compliance with Part III.1. Operators and employers have statutory obligation to ensure that the Act and regulations are met. This necessarily means that equipment/machines/devices must be assessed against the legislative requirements to determine if they are compliant. As with any legislative requirement, an occupational health and safety officer may ask the operator or employer, as the case may be, to demonstrate that what they are doing/using meets the legislative requirements.

Other comments from CAPP that resulted in changes

CAPP questioned the intent behind excluding fixed ladders installed on scaffolding from the requirement to wear a fall arrest system. Upon review with provincial partners, it was determined this was an error, and the exclusion was consequently deleted.

Also with respect to fixed ladders, CAPP noted that the requirement for side rails to extend above a landing or platform was increased from 90 cm to 1 m, a change which CAPP noted would have compliance implications for existing facilities that were constructed and equipped to the previous 90 cm requirement. NRCan and its provincial partners agreed with continuing the requirement that was previously imposed by the transitional regulations.

With respect to guard-rails, CAPP noted that the prescribed height of the top rail had the potential to create difficultly for compliance, given that some offshore facilities have rails in some areas that are 1 500–1 600 mm above the working surface (e.g. on stairs to the helideck), a feature providing for enhanced safety. The regulations were revised to allow flexibility for additional rails to exist above those at the prescribed heights.

CAPP also noted that the requirement for an open-top enclosure to have a fixed ladder installed inside to allow for safe access by an employee is not feasible in the case of smaller open-top enclosures or where the enclosure is not designed or intended for regular access. The regulations were revised to allow flexibility by requiring the fixed ladder be installed, where feasible.

Occupational diving
Diving physician competency

One occupational diving subject matter expert provided updated information regarding the Royal College of Physicians and Surgeons of Canada’s diploma for hyperbaric medicine and urged that the definition of “dive physician specialist” include the requirement for the diploma, as originally intended in early consultation drafts of policy intent. The stakeholder further suggested that there should be a mechanism for practising diving medicine physicians to provide ongoing expert diving medicine advice to the regulators.

NRCan gathered additional information from the Royal College of Physicians and Surgeons of Canada and based on this information, the regulations were modified to recognize the diploma as an option for specialized dive physician competency. The Accord Acts do not provide authority to write regulations requiring a mechanism for Boards to obtain diving medicine expertise directly from a qualified physician; however, the Boards have other means of soliciting subject expertise when it is required.

Diving team personnel competency

Two other diving subject matter experts expressed apprehension regarding incorporating by reference CSA standard Z275.4 Competency Standard for diving, hyperbaric chamber, and remotely operated vehicle operations for the competency of dive team personnel. Both stressed the importance of ensuring alignment with international diving competencies, which the International Marine Contractors Association (IMCA) and the International Diving Regulators and Certifiers Forum (IDRCF) have established in their published guidance documents.

One objective of the Atlantic OHS Initiative has been to develop an effective and efficient regulatory regime that ensures consistency, to the extent feasible, with other federal and provincial OHS legislation, particularly in NL and NS. The incorporation by reference of CSA Z275.4 has been retained as this approach is consistent across federal and provincial occupational diving regulations and also because government partners see value in the standard development process established by CSA for continual renewal of its standards. NRCan, Nova Scotia Department of Labour, Skills and Immigration and the C-NLOPB each hold seats on the CSA diving standards committee and intend to maintain a presence to ensure it continues to meet the needs of offshore diving activities.

Feedback from other regulator partners
Harmonizing with Part III regulations

Partners pointed out that some provisions in the Petroleum Installation Regulations and the Drilling and Production Regulations are OHS in nature and present a potential for conflict with the new regulations. In addition, the Certificate of Fitness Regulations require updating to synchronize with the OHS regime under the Accord Acts. While these issues will eventually be resolved through the Frontier and Offshore Regulatory Renewal Initiative (FORRI), a regulatory modernization initiative NRCan and its provincial partners have underway for Part III regulations, there is a period of time between when the OHS Regulations come into force and the completion of modernized regulations under FORRI.

To resolve this matter, a provision was added to these regulations that clarifies that, to the extent there is a conflict between the regulations and provisions of the Petroleum Installation Regulations or Drilling and Production Regulations that relate to OHS, these regulations prevail. In addition, these regulations will also include related amendments to the Certificate of Fitness Regulations, including updating references and corresponding provisions from the Oil and Gas Occupational Safety and Health Regulations to these regulations.

Standards and requirements for immersion suits, anti-exposure suits and life jackets

With respect to the requirement that immersion suits, anti-exposure suits and life jackets conform to the Department of Transport’s TP 14475, Canadian Life Saving Appliance Standard in addition to the International Maritime Organization (IMO) International Life Saving Appliance Code and resolution MSC.81(70), partners pointed out that TP 14475 did not provide additional safety requirements necessary for offshore workplaces and imposed a requirement for labelling that has proven challenging for foreign flagged ships to meet in the past.

The option for immersion suits to instead comply with the Underwriters Laboratories standard ANSI/CAN/UL 15027-2, Immersion Suits – Part 2: Abandonment Suits, Requirements Including Safety for immersion suits was added, to allow for greater flexibility for compliance. The provision related to anti-exposure suits was updated to require, similar to immersion suits and life jackets, that the suits are appropriate for all expected environmental conditions.

Arc flash analysis

Partners pointed out that the risk of arc flash arises from more situations than just when work is being carried out on energized electrical equipment. As a result, the regulations have been revised to require an arc flash analysis be carried out on any electrical equipment that poses a risk of arc flash hazard.

Regulatory language improvements

Stakeholders and partners provided feedback regarding refinements of technical language in the regulations to ensure clarity in intent and to allow for accurate interpretation by regulated parties and regulators alike. As a result, language was fine-tuned in the provisions related to emergency power source, emergency descent devices, training, emergency response plan drawings, lists and other information for first aid and medical response, retention of musculoskeletal injury records, professional engineer approval, rated capacity and certification of materials handling equipment, diving records, and controlling hazards associated with hair, clothing, and accessories.

Modern treaty obligations and Indigenous engagement and consultation

In accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an initial assessment was conducted on this regulatory proposal. The assessment concluded that implementation of this proposal is unlikely to impact on the rights, interests or self-government provisions of treaty partners. All offshore employees, including Indigenous peoples, would benefit from the protections afforded from occupational health and safety regulations.

Notwithstanding, NRCan and its provincial partners engaged Indigenous groups in Newfoundland and Labrador and Nova Scotia through written communication in March of 2021 and provided an opportunity to meet and discuss the proposal, should there be an interest in the initiative. To date, no Indigenous groups have requested to meet to discuss the initiative further.

Instrument choice

The Offshore Health and Safety Act established the transitional regulations as a stopgap measure and required that tailored permanent regulations be developed and implemented for the offshore areas. Given this legislative obligation, developing permanent regulations that establish minimum standards is the only appropriate option. The regulations will ensure that these minimum standards are applied consistently across all offshore workplaces and provide legal certainty to operators, employers, supervisors and employees, of what is expected of them, and what they can expect, within their respective offshore workplaces.

Regulatory analysis

Benefits and costs

Incidents in the offshore areas involving death or serious injury are rare. Since 2010, there has been an average of less than one reportable injury per 200 000 hours worked in both the Canada-NS and Canada-NL offshore areas. These regulations will contribute to maintaining or improving health and safety outcomes for employees and other personnel in petroleum activities in the Canada-NL and Canada-NS offshore areas; however, the benefits related to reduced injuries and incidents are not quantified.

The quantified impacts of these regulations result in a net present benefit of $2.69 million between 2022 and 2031 (discounted to 2021 using a discount rate of 7%). The methodology used as well as the details of the costs and benefits analyses are presented below.

Methodology

The assessment of the impacts of these regulations was conducted in accordance with the Policy on Cost-Benefit Analysis. The impacts flow from changes in requirements arising from the regulations (the regulatory scenario) that are incremental to actions arising from the transitional regulations and mandatory compliance with codes of practice and Board-issued safety directives and conditions of authorization, as well as voluntary compliance with international industry best practices (the baseline scenario).

Industry stakeholders and the Boards were engaged and provided feedback that informed the analysis of the expected incremental costs and benefits of these regulations. Interviews with industry representatives, company owners, and the Boards provided many of the inputs and estimates used in both the qualitative and quantitative analyses.

Offshore exploration and production activities are forecasted to only include post-production monitoring activities only in the Canada-NS offshore area, while it assumes a full recovery in the Canada-NL offshore area from declines in activities in 2020 and 2021 stemming from globally depressed oil prices, compounded by the COVID-19 pandemic.

Benefits

The main goal and the benefit of these regulations is a continued or improved occupational health and safety environment for employees and other personnel in the Canada-NL and Canada-NS offshore areas. The total present value benefit of these regulations is $4.03 million. This benefit stems from greater flexibility to use international standards ($3.02 million) and the reduction in costs to both industry and the Boards associated with applications for regulatory substitution ($0.61 million and $0.41 million, respectively).

Health and safety benefits

The offshore petroleum sector has a very low incident and injury record. The health and safety record in the Canada-NL and Canada-NS offshore areas has improved over time under the existing transitional regulations. In the Canada-NL offshore area, the average reportable lost time injury rate per 200 000 hours worked declined by 17% to 0.70, which equates to less than one reported injury per 100 employees each year, compared to the average of the five years prior to the transitional regulations entering into force. The Canada-NS offshore area also had an improved health and safety performance, with the average lost time injury rate declined by 29% to 0.37 compared to the average of the five years prior.

Continual advancements in industry best safety practices and an increased focus by industry and regulators on proactive measures, such as enhanced training and inspections, have contributed to this improvement. As the number of incidents approaches zero, occasional incidents will likely still occur with only minor reductions in the injury frequency. Given this, it is not possible to attribute a change in the number of incidents or injuries to these regulations, as opposed to related initiatives.

Benefits to industry

These regulations provide greater flexibility by accepting international standards where only a Canadian or North American standard was previously allowed in the transitional regulations, or by permitting equipment that conforms with those North American standards, such as for PPE and materials handling to be used. Equipment and supplies that meet internationally accepted standards would not have to be replaced by those meeting a Canadian or North American standard, therefore avoiding replacement costs for items that every crew member uses (drinking water, boots, protective eye wear, etc.) or larger items for materials handling and rope access. The present value benefit from the greater flexibility to use international standards is estimated to be $3.02 million.

This greater flexibility will also result in fewer applications for regulatory substitution having to be developed and submitted by some industry members, and assessed by the Boards. The avoided regulatory substitution benefits accrue to industry members who, under the transitional regulations, had to submit detailed applications for substitution from prescriptive rules. The avoided cost of personnel time to prepare each submission, and the improved operating flexibility arising from the reduction in the overall time needed to secure an approval is estimated to result in a present value benefit of $0.61 million.

Benefits to offshore Boards

Benefits also accrue to the Boards, who must review and respond to the applications for regulatory substitution. This benefit results from the avoided cost of personnel time required to review and approve each submission. The present value benefit from the time savings resulting from a reduced number of applications for regulatory substitution is estimated to be $0.41 million.

Costs

The total present value cost of these regulations is estimated to be $1.35 million, which stems from operators and employers having a workplace under its control having to bear the costs associated with testing and compliance ($0.67 million), redesign and replacement ($0.4 million) and administrative tasks to demonstrate compliance with these regulations ($0.28 million).

These regulations require testing and demonstrated compliance with requirements. This may be required for areas such as levels of lighting and sound, materials handling equipment, and diving safety. There is an anticipated cost to complete testing and obtain certification or verification that ships, systems, and personnel meet the requirements set out in the regulations. There would be an administrative and operational cost for testing as well as any changes that are required if industry does not initially meet the requirements. This present value cost for testing and compliance is estimated to be $0.67 million.

Operators and employers with a workplace under its control are expected to bear an estimated present value cost of $0.4 million to redesign or replace ship elements and equipment, such as facilities and smoking rooms. These costs include assessments, engineering and design, administration, and replacement costs for equipment and renovation. In a few cases, training may be required depending on the nature and extent of changes. The costs are expected to be assumed as these regulations take effect, then only periodically as new ships are brought into Canada for work. Replacement costs are assumed to be borne every five years over the period of analysis.

These regulations impose costs associated with administrative tasks required to demonstrate compliance, such as requirements related to the creation, maintenance and distribution of OHS records. Although similar requirements exist under the current transitional regulations, given these regulations are more comprehensive of all hazards that may exist offshore, there is an incremental increase in the costs associated with these administratively burdensome tasks. The present value cost from the incremental increase in administrative burden is estimated to be $0.28 million.

Cost-benefit statement
Table 1: Monetized costs
Impacted stakeholder Description of cost Initial year (2022) Annual average (2023–2030 Final year
(2031)
Total
(present value)
Annualized value
Industry Testing and compliance $95,582 $95,582 $95,582 $671,328 $95,582
Redesign and replacement $183,930 $22,991 $183,930 $396,537 $56,458
Increase in administrative burden $ 39,916 $ 39,916 $ 39,916 $280,353 $39,916
All stakeholders Total costs $319,428 $158,489 $319,428 $1,345,384 $191,552
Table 2: Monetized benefits
Impacted stakeholder Description of benefit Initial year (2022) Annual average (2023–2030) Final year
(2031)
Total
(present value)
Annualized value
Industry Acceptance of international standards $429,685 $429,685 $429,685 $3,017,928 $429,685
Reduction in applications for regulatory substitution $ 86,799 $ 86,799 $ 86,799 $609,640 $86,799
Offshore Boards Reduction in applications for regulatory substitution $ 57,866 $ 57,866 $ 57,866 $406,427 $57,866
All stakeholders Total benefits $574,349 $574,349 $574,349 $4,033,994 $574,349
Table 3: Summary of monetized costs and benefits
Impacts Initial year
(2022)
Annual average (2023–2030) Final year
(2031)
Total
(present value)
Annualized value
Total costs $319,428 $158,489 $319,428 $1,345,384 $191,552
Total benefits $574,349 $574,349 $574,349 $4,033,994 $574,349
NET IMPACT $254,921 $415,860 $254,921 $2,688,610 $382,797

Small business lens

An analysis under the small business lens concluded that these regulations will not impact Canadian small businesses. Offshore operators and employers that are impacted by these regulations are not considered small businesses.

One-for-one rule

When the six OHSA transitional regulations were introduced in 2015 the one-for-one rule was a policy requirement and not yet legislated under the Red Tape Reduction Act and its Regulations. The rule was not applied because the regulations were transitional, although it was intended that the rule would be applied to the eventual permanent regulations. As a result, the administrative burden associated with the transitional regulations was not monetized and accounted for as burden “IN,” nor was it disclosed in a publicly available Regulatory Impact Analysis Statement.

These regulations create two new regulatory titles, one for each offshore area. Although these new regulatory titles replace the six transitional titles that will be repealed, the six repeals will not be counted as titles “OUT” under the one-for-one rule. As a result, the proposal will count two titles “IN” under element B of the one-for-one rule.

The administration costs associated with these regulations represent an incremental increase in administrative burden on business. These administrative costs arise from the administrative tasks required to demonstrate compliance, such as the requirements related to the creation, maintenance and distribution of OHS records.

The time required to create, maintain and/or distribute a record depends on the nature of the record; however, it is estimated that the average time to create, maintain or distribute a record is 0.25 hours. Similarly, the frequency in which the record activity must be carried out depends on the nature of the record and ranges from as infrequently as every five years for records related to internal inspections of boilers to every day for records of personnel on board.

The individual likely to be responsible for the creation, maintenance and/or distribution will vary, depending on the nature of the record. However, given that offshore employees typically are anecdotally remunerated at a rate higher than the average rate of pay, the average hourly wage for the National Occupation Classification (NOC) of middle management occupations in trades, transportation, production, and utilities is used as the closest proxy to estimate the hourly cost ($47.46 per hour)

Canada–Newfoundland and Labrador Offshore Area Occupational Health and Safety Regulations

It is estimated that the Canada-NL offshore will have six impacted businesses (employers having control over the four production workplaces and estimated two exploration-drilling workplaces), all of which are considered large-sized businesses.

Over a 10-year period, the total present value of the administrative cost of these regulations in the Canada-NL offshore area is $379,480 or $54,029 annually. When discounted to 2012, as required under the Red Tape Reduction Regulations, this creates a $29,388 annualized cost.

Table 4: One-for-one rule cost summary for the Canada–Newfoundland and Labrador Offshore Area Occupational Health and Safety Regulations
Unit of measure: constant 2012 Canadian dollars Present value base year: 2012
Description Amount
Annualized administrative costs $29,388
Annualized administrative costs per business $4,898
CanadaNova Scotia Offshore Area Occupational Health and Safety Regulations

There is no current or forecasted exploration or production activity in the Canada-NS offshore area; however, there will be some post-production monitoring activities. It is estimated that the Canada-NS offshore will have one impacted business, which would be considered medium to large-sized business.

Over a 10-year period, the total present value of the administrative cost of these regulations in the Canada-NS offshore area is $2,216 or $315 annually. When discounted to 2012, as required under the Red Tape Reduction Regulations, this creates a $171 annualized cost.

Table 5: One-for-one rule cost summary for the Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations
Unit of measure: constant 2012 Canadian dollars Present value base year: 2012
Description Amount
Annualized administrative costs $171
Annualized administrative costs per business $171

Regulatory cooperation and alignment

These regulations are not related to a work plan or commitment under a formal regulatory cooperation forum; however, they were developed in partnership with the governments of Nova Scotia and Newfoundland and Labrador, under the joint management framework for the offshore Accord areas. These regulations strive for greater consistency, where possible, between onshore provincial regimes in Newfoundland and Labrador and Nova Scotia, and the adjacent offshore jurisdictions. For example, requirements related to PPE, fall protection, tools and machinery, confined spaces, compressed gas and abrasive blasting will be aligned with the regulatory requirements that are applied to workplaces on land in the two provinces.

Given that these regulations apply to transient workplaces such as foreign-flagged ships and MODUs that operate internationally, these regulations are tailored to ensure alignment with international maritime conventions and technical standards used in jurisdictions with comparable offshore petroleum health and safety regimes. This includes incorporating by reference the requirements set out in the International Maritime Organization (IMO) International Life Saving Appliance Code (LSA Code) for immersion suits, anti-exposure suits and life jackets and the IMO International Code for Fire Safety Systems (FSS Code) for firefighter equipment and emergency escape breathing devices. Both the LSA Code and FSS Code fall under the International Convention of the Safety of Life at Sea (SOLAS). Additionally, these regulations allow for compliance with the minimum work and rest periods acceptable under the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW).

There are also a number of areas where European and other North American standards are incorporated by reference, in addition to domestic technical standards. This includes recognizing European (EN) and international (ISO) standards for compressed breathing gas, rope access equipment and safety footwear, and American standards (e.g. ACGIH, ASME, ANSI, NFPA) for threshold limit values and biological exposure indices, PPE, ventilation, and firefighting equipment.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

A gender-based analysis plus (GBA+) was conducted as part of the development of these regulations and no GBA+ impacts have been identified. These regulations prescribe protective measures that are appropriate for the health and safety of all individuals employed in the offshore, regardless of gender, sex, gender identity, sexual orientation, age, language, education, geography, culture ethnicity, income or ability, and all workers in the offshore will benefit from these protective measures.

These regulations modernize requirements already in place through the transitional regulations and codify health and safety practices already observed by regulated parties. These regulations are not expected to result in differential levels of occupational health and safety coverage to categories of workers in the Atlantic Canada offshore oil and gas sector.

Implementation, compliance and enforcement, and service standards

Implementation

These regulations come into force on January 1, 2022. NRCan will work with the governments of NL and NS and the Boards to coordinate implementation of these regulations with mirrored provincial regulations and will jointly develop communication materials to ensure potentially affected organizations and individuals are aware of the publication of these regulations.

It is anticipated that the Boards may develop guidance materials to assist operators, employers and employees in the interpretation of these regulations, where the Boards have determined that additional guidance could be helpful. Consistent with their regular practice, the Boards will update their websites to provide information about these regulations and will work to address any questions operators or employers have with respect to the interpretation and compliance of the regulations.

Operators and/or employers, as the case may be, may need to reassess previously approved substitutions from the transitional regulations to determine whether a regulatory substitution is required from these regulations. The Boards will establish a process for reconsideration of any previously approved substitutions that would be assessed as being necessary under these regulations.

Compliance and enforcement

Compliance and enforcement activities will follow established C-NLOPB and CNSOPB approaches and procedures to monitoring compliance and enforcing the Accord Acts and the regulations made under them, some of which are prescribed in the legislation.

The Boards regularly conduct safety inspections and safety audits to verify compliance with the Accord Acts and the regulations made under them. For verifying compliance, Part III.1 of the Accord Acts sets out the powers of health and safety officers, including the power to enter and inspect a place used for a work or activity. The Boards may become aware of an accident, incident, hazardous occurrence or occupational disease through the mandatory reporting process required under the Accord Acts.

If a health and safety officer is of the opinion that a requirement of the Accord Acts or of their regulations is being, or has been, contravened, the health and safety officer may order a person to stop the contravention and ensure the contravention does not reoccur. Similarly, a health and safety officer who is of the opinion that an activity is dangerous must order any person to correct the hazard or dangerous condition or take measures to protect anyone from the danger. If the health and safety officer is of the opinion that measures cannot be taken immediately, the health and safety officer may order any person not to use a place, operate a thing or perform an activity until the danger is addressed.

The Accord Acts also prescribe that contravening their requirements or those of regulations made under them is a prosecutable offence, and penalties include, on summary conviction, sa fine up to $100,000, imprisonment for a maximum term of one year, or both; and, on conviction of an indictment, a fine up to $1 million, or imprisonment for a maximum term of five years, or both.

Contact

Kim Phillips
Senior Regulatory Officer
Offshore Petroleum Management Division
Department of Natural Resources
Telephone: 902‑402‑0285
Email: kim.phillips@nrcan-rncan.gc.ca