Description

The proposed regulatory changes

• Update the Regulations to harmonize them with provisions of the Canada Occupational Health and Safety Regulations, in order to ensure that employees working on board vessels enjoy the same level of health and safety protection as off-board employees, recognizing the specific working conditions of on-board employees.
• Update the Regulations to promote consistency with certain provisions currently in force under various regulations made pursuant to the CSA 2001.
• Incorporate updated technology, and national and international industry standards.
• Implement certain requirements derived from the MLC 2006.

The following are the key elements of the proposed provisions:

Hazard prevention program

The proposed provisions include the reproduction of Part XIX of the Canada Occupational Health and Safety Regulations into the proposed Regulations as Part 7. These provisions were added to the Canada Occupational Health and Safety Regulations in 2005 and updated in 2007 and introduced the requirements for a Hazard Prevention Program. Pursuant to these proposed provisions, an employer in the marine sector will be required to develop, implement and monitor a program for the prevention of hazards (including ergonomics-related hazards) in the work place that is appropriate to the size of the work place and the nature of the hazards. The following components are required to be included in a Hazard Prevention Program: (a) an implementation plan; (b) a hazard identification and assessment methodology; (c) hazard identification and assessment; (d) preventive measures; (e) employee education; and (f) a program evaluation.

Violence prevention in the work place

The proposed provisions include the reproduction of Part XX of the Canada Occupational Health and Safety Regulations into the proposed Regulations as Part 5, Division 2. These provisions were added to the Canada Occupational Health and Safety Regulations in 2008 and introduced the requirements for violence prevention in the work place. Pursuant to these proposed provisions, an employer in the marine sector will be required to develop a work place violence prevention policy; identify all factors that contribute to work place violence; assess the potential for work place violence; develop and implement systematic controls to eliminate or minimize work place violence; review the effectiveness of the prevention measures at least every three years; develop emergency notification procedures; and provide to employees information and training on the factors that contribute to work place violence.

Consistency with certain existing CSA 2001 regulations

The proposed provisions update the references to the CSA 2001 regulations currently in force and incorporate certain provisions related to occupational health and safety that are contained in the Crew Accommodation Regulations, the Towboat Crew Accommodation Regulations, the Safe Working Practices Regulations and the Tackle Regulations. For example, the requirements that a qualified person conduct certain types of inspections to ascertain that safe working conditions are maintained (section 6 of the Safe Working Practices Regulations) and have been included in the proposed Regulations in subsection 7(3).

Provisions derived from the MLC 2006

The proposed provisions include certain provisions derived from the MLC 2006, Title 3 “Accommodation, recreational facilities, food and catering” and Title 4 “Health protection, medical care, welfare and social security protection.” These are provisions pertaining to crew accommodation, recreational facilities, sanitation and certain aspects of medical care. The inclusion of some of these provisions would also support the eventual ratification of this Convention by Canada.

Regulatory and non-regulatory options considered

No other options other than regulatory could be considered because the fundamental purpose of the proposed changes is the modernization and update of the regulatory provisions related to work place health and safety in the marine sector.

The proposed provisions were seen as the best means of achieving the goal of modernizing and updating the regulatory provisions related to work place health and safety in the marine sector, while harmonizing them with the Canada Occupational Health and Safety Regulations, promoting consistency with various existing regulations made under the CSA 2001 as well as incorporating certain provisions of the MLC 2006.

Benefits and costs

(1) Proposed provisions related to the Hazard Prevention Program and the Violence Prevention in the Work Place Program

A cost-benefit analysis of the proposed addition of the Hazard Prevention Program and Violence Prevention in the Work Place Program requirements to the proposed Regulations was completed. A detailed report titled Cost-Benefit Analysis for the New Maritime Occupational Health and Safety Regulations is available from the Human Resources and Skills Development Canada (HRSDC) Labour Program (see contact information on the last page of the Regulatory Impact Analysis Statement). The report includes a description of the detailed methodology used in the cost-benefit analysis.

The proposed Hazard Prevention Program and Violence Prevention in the Work Place Program are expected to lead to better recognition of potential work place safety hazards, which in turn would reduce the number of injuries and fatalities in the marine transportation sector. This would also lead to direct economic benefits, such as lower workers’ compensation and health care costs and improved productivity. In constant 2010 dollars, and using a social discount rate of 8% (as per Treasury Board guidelines), total discounted benefits (Net Present Value) were estimated at $45,408,164 for the 20-year cost-benefit analysis period (or averaged approximately $2.3 million per year). Total discounted costs (Net Present Value) were estimated at $10,299,888 in constant 2010 dollars (or, on average, approximately $0.51 million per year). As a result, in constant 2010 dollars, net discounted benefits were estimated to be $35,108,276 over the next 20 years (or an average of approximately $1.8 million per year).

The costs, in constant 2010 dollars, are expected to be higher in the first year of implementation, but lower in subsequent years (including each of the review or evaluation years, which occur every three years). Costs in the first year are estimated at approximately $4.7 million (current), the majority of which, estimated at $3.6 million, are related to the initial Hazard Prevention Program requirements. In subsequent years, average costs of the Hazard Prevention Program (in each of the review years — Years 4, 7, 10, 13, 16 and 19 of the 20-year cost-benefit analysis period) are expected to be approximately $0.8 million (current).

The Net Present Value of the proposed Regulations over 20 years, with a social discount rate taken at 8%, indicates total benefits exceeding the total costs by $35,108,276 (expressed in constant 2010 dollars), on total 20-year benefits of $45,408,164 and total costs of $10,299,888.

Over the next 20 years, the anticipated costs to employers pursuant to the inclusion in the proposed Regulations of the requirements pertaining to the Hazard Prevention Program and the Violence Prevention in the Work Place Program are expected to be substantially lower than the expected economic benefits. In 2010 constant dollars, estimated total benefits are expected to exceed estimated total costs by a ratio of 4.4 to 1. Except for the initial higher cost expected in the first few years of implementation, there will be an overall and significant net benefit in all subsequent years, as the reduction in the work place accident rate is felt across the marine transportation sector.

(2) Proposed provisions related to the promotion of consistency with certain provisions currently in force under a number of different regulations made pursuant to the CSA 2001

The proposed provisions update the references to the CSA 2001 regulations currently in force, as well as include certain provisions related to occupational health and safety that are also contained in a number of different regulations in force under the CSA 2001. These measures are cost-benefit neutral, as no additional regulatory requirements are being imposed on the regulated community.

(3) Proposed provisions related to provisions derived from the MLC 2006

(a) The proposed provisions include certain provisions derived from the MLC 2006, Title 3 “Accommodation, recreational facilities, food and catering” and Title 4 “Health protection, medical care, welfare and social security protection.” These are provisions pertaining to crew accommodation, recreational facilities, sanitation and certain aspects of medical care.

The proposed provisions derived from Title 3 of the MLC 2006 would only apply to the construction of new vessels of over 200 gross tonnage conducting international voyages. These proposed provisions would only apply in Canada if the Convention is ratified by Canada and comes into force. Vessels built prior to the coming into force of these proposed provisions would not be affected. Also not affected are

• vessels of under 200 gross tonnage;
• vessels which navigate exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply;
• vessels engaged in fishing;
• vessels of traditional build such as dhows and junks; and
• warships or naval auxiliaries.

Consultation

2. For the purpose of interpreting any standard incorporated by reference into these Regulations, the use of the verb “shall” in the conditional or auxiliary form shall be read to denote an obligation.

APPLICATION

3. These Regulations apply to employees employed

(a) on vessels registered in Canada;

(b) on uncommissioned vessels of Her Majesty in right of Canada; and

(c) in the loading or unloading of vessels.

RECORDS AND REPORTS

4. (1) If an employer is required to keep and maintain a record, report or other document referred to in section 125 or 125.1 of the Act, the employer shall keep and maintain the record, report or other document in a manner that ensures that it is readily available for examination by a health and safety officer and by the work place committee or the health and safety representative, as the case may be, for the vessel to which it applies.

(2) To comply with subsection (1) the employer may use any recording system, including electronic records,

(a) measures are taken to ensure that the records contained in the recording systems are protected, by electronic or other means, against inadvertent loss or destruction and against tampering; and

(b) a copy of the records contained in the recording systems can be printed on paper and provided at the request of the Minister, on reasonable notice.

INCONSISTENT PROVISIONS

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

INCORPORATION BY REFERENCE

6. Any reference to a standard incorporated by reference in these Regulations is a reference to the standard, as amended from time to time.

HEALTH AND SAFETY

7. (1) Every employer shall

(a) arrange that work in a working area is carried out in a manner that does not endanger the health or safety of any person who is engaged or working in that area or in connection with the work; and

(b) adopt and carry out reasonable procedures and techniques designed or intended to prevent or reduce the risk of employment injury in the operation or carrying out of the work.

(2) Crew accommodation shall meet the requirements and the related provisions on health and safety protection and accident prevention, with respect to preventing the risk of exposure to hazardous levels of noise and vibration and other ambient factors and chemicals on board vessels, and provide an acceptable occupational and on board living environment for seafarers.

(3) Every employer or owner shall ensure that a qualified person

(a) is in charge in every working area; and

(b) makes periodic inspections of every working area or structure and every item of machinery or equipment to ascertain that safe working conditions are maintained.

(4) No person shall use any structure, machinery or equipment that has been reassembled after being dismantled, in whole or in part, until it has been examined by a qualified person and found to be in a safe condition.

PART 2

STRUCTURES

INTERPRETATION

8. The following definitions apply in this Part.

“accommodation ladder” means a means of access to and egress from a vessel that may include platforms on different levels with ladders between the platforms and that

(a) is suspended by a supporting structure of chains or steel wire ropes from its lowest suspension point;

(b) is hinged at its top; and

(c) can be moved so that the lowest platform is accessible from shore. (échelle de coupée)

“scaffold” means a working platform supported from below. (échafaudage)

“stage” means a working platform supported from above. (plate-forme suspendue)

APPLICATION

9. This Part applies to permanent and temporary structures, means of access, gangways, scaffolds, stages, ladders, guardrails, toe boards and safety nets.

DESIGN AND CONSTRUCTION

10. The employer shall ensure that the design and construction of every structure on a vessel meets the applicable requirements set out in at least one of the following regulations:

(a) Crew Accommodation Regulations;

(b) Hull Construction Regulations;

(c) Small Vessel Regulations; or

(d) Towboat Crew Accommodation Regulations.

TEMPORARY STRUCTURE

11. (1) No employee shall use a temporary structure on a vessel if it is reasonably practicable to use a permanent structure.

(2) No employee shall use a temporary structure unless

(a) they have been trained and instructed in its safe and proper use; and

(b) they have their employer’s authority to use it.

(3) Tools, equipment and materials used on a temporary structure shall be arranged or secured in a manner that they cannot be knocked off the structure accidentally.

(4) A qualified person shall make a visual inspection before each work period in which a temporary structure is used by an employee.

(5) When a temporary structure is used on a vessel and that structure may be affected by the ingress and egress of the tide, a qualified person shall make a visual inspection of the structure at the end of each tide cycle.

(6) If the inspection reveals a defect or condition that adversely affects the structural integrity or safe use of a temporary structure, no person shall use the structure until the defect or condition is remedied.

MEANS OF ACCESS

12. (1) Means of access used to board and disembark from a vessel shall provide a safe passage between the vessel and shore or between two vessels, as the case may be.

(2) Every vessel that is moored alongside a wharf or another vessel shall be fitted with at least one means of access between the vessel and the wharf or the other vessel.

(3) If a means of access leads to a location on board a vessel that is more than 0.35 m above the deck, safe access to the deck shall be provided by means of a series of steps, a ladder or other similar structure.

(4) The series of steps, ladder or similar structure shall

(a) be firmly secured to the bulwark so as to prevent its shifting, slipping or pivoting;

(b) be properly aligned with the means of access to the vessel;

(c) have treads that are at least 600 mm in width and 200 mm in depth, with a permanent non-slip surface; and

(d) be equipped with two handhold stanchions that are

(i) not less than 40 mm in diameter;

(ii) extended not less than 1.2 m above the top of the bulwark; and

(iii) fitted at the point of boarding or disembarking the vessel not less than 700 mm and not more than 800 mm apart.

(5) Every accommodation ladder and gangway shall

(a) be maintained in a safe condition;

(b) be installed in a manner that reduces movement;

(c) be suitably rigged and maintained to compensate for the movement of the vessel;

(d) be adequately lighted;

(e) be provided with a lifebuoy that has an attached line and is strategically placed and ready for immediate use; and

(f) meet the requirements of one of the following standards:

(i) ISO Standard 5488:1979, Shipbuilding — Accommodation ladders,

(ii) CSA Standard CAN/CSA S826.1-01, (R2006) — Ferry Boarding Facilities,

(iii) the applicable standard of a recognized classification society, or

(iv) if the ladder is part of pilot transfer equipment referred to in Regulation 23 of Chapter V of SOLAS, IMO Resolution A.889(21), Pilot Transfer Arrangements.

(6) Every accommodation ladder and gangway shall be thoroughly examined by a qualified person at least once every year to ensure that the following conditions are met:

(a) the employer holds valid certificates issued by a recognized classification society for the loose gear used with the ladder or gangway;

(b) the parts that align and swivel under load are free;

(c) the mechanical, electrical, gearing, hydraulic and pneumatic systems are in good working order;

(d) parts are not affected by corrosion to the extent that they cannot be opened; and

(e) no defects or signs of permanent deformation are detected.

(7) If an accommodation ladder or gangway is being used by a person to board or disembark from a vessel, at least one end of the ladder or gangway shall be fastened securely and, if necessary to minimize movement of the ladder or gangway, an employee, other than an employee engaged in manoeuvring the vessel, shall be stationed at the ladder or gangway to assist the person using it.

(8) A safety net shall be fitted under every part of an accommodation ladder or gangway except if

(a) the ladder or gangway and the approaches to it are constructed in a manner that makes the fitting of a safety net unnecessary; or

(b) the fitting of a safety net is not practicable.

(9) Every safety net referred to in subsection (8) shall

(a) extend on both sides of the accommodation ladder or gangway for a distance of 1.8 m;

(b) be kept taut at all times; and

(c) meet the standards referred to in section 17.

(10) If a platform is provided at the bottom of an accommodation ladder or gangway, the platform shall be flat and horizontal.

SCAFFOLDS

13. (1) Unless otherwise permitted by this Part, a scaffold must meet the requirements set out in at least one of the following standards:

(a) ANSI Standard A10.8 — 2001, American National Standard for Construction and Demolition Operations — Scaffolding-Safety Requirements;

(b) ANSI Standard A14.7 — 2006, Safety Requirements for Mobile Ladder Stands and Mobile Ladder Stand Platforms; or

(c) CSA Standard CAN/CSA Z271-98, (R2004) Safety Code for Suspended Elevating Platforms.

(2) The erection, use, dismantling and removal of a scaffold shall be carried out by or under the supervision of a qualified person.

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

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

(5) Every scaffold shall

(a) have a platform that is at least 500 mm wide and securely fastened in place; and

(b) have an even and horizontal working surface.

STAGES

14. (1) Every stage shall

(a) have a flat and horizontal working surface capable of supporting any load that is likely to be imposed on it; and

(b) be fitted with an effective means of holding the stage away from the working area.

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

LADDERS

15. (1) Commercially manufactured portable ladders shall meet the requirements set out in at least one of the following standards:

(a) CSA Standard CAN3–Z11–M81 (R2005), Portable Ladders;

(b) ANSI Standard A14.1 — 2007, American National Standard for Ladders — Wood — Safety Requirements; or

(c) ANSI Standard A14.2 — 2007, American National Standard for Ladders — Metal — Safety Requirements.

(2) Subject to subsection (3), every portable ladder, while being used, shall be

(a) placed on a firm footing; and

(b) secured in a manner that it cannot be dislodged accidentally from its position.

(3) Every ladder, whether portable or permanently secured, shall be positioned in a manner that it is not necessary for a person to use the underside of the ladder.

(4) If a ladder provides access from one level to another, the ladder shall extend, if practicable, at least three rungs above the higher level or, if it is not practicable, handholds shall be provided.

(5) No metal or wire rope ladder shall be used if there is a hazard that it may come into contact with any live electrical circuit or electrical equipment.

(6) No employee shall work from any of the three top rungs of any single or extension portable ladder or from either of the two top steps of any step ladder.

(7) No non-metallic portable ladder shall be painted.

(8) Every Jacob’s ladder shall be of sufficient length to reach the intended landing point, unless the distance from the water to the point of access is more than 5 m, in which case a Jacob’s ladder shall not be used.

(9) The means of attaching a Jacob’s ladder to a vessel shall be effective and maintained in a safe condition.

(10) A Jacob’s ladder shall be equipped with flat wooden treads — at regular intervals with treads wider than the width of the ladder — and be installed in a manner that reduces movement.

(11) When it is necessary to ensure safety, a person shall be stationed at the bottom of a ladder to assist the person using the ladder.

GUARDRAILS AND TOE BOARDS

16. (1) A raised structure or a deck opening that has a coaming height of less than 900 mm, from which there is a drop of more than 1.2 m, and to which an employee has access, shall have a guardrail.

(2) Every guardrail shall consist of

(a) a horizontal top rail or line not less than 900 mm and not more than 1100 mm above the base of the guardrail;

(b) a horizontal intermediate rail or line spaced midway between the top rail or line and the base of the guardrail; and

(c) supporting posts spaced not more than 3 m apart at their centres.

(3) Every guardrail shall be designed to withstand the greater of

(a) the maximum load that is likely to be imposed on it; and

(b) a static load of not less than 890 N applied in any direction at any point on the top rail or line.

(4) If there is hazard that tools or other objects may fall from a scaffold, a stage or any other raised structure onto an employee, the employer shall install

(a) a toe board that extends from the floor of the platform or other raised structure to a height of not less than 125 mm; or

(b) a solid or mesh panel that extends from the floor of the platform or other raised structure to a height of not less than 450 mm, if the tools or other objects are piled to a height that a toe board will not prevent them from falling.

(5) If the installation of a toe board is not practical on a scaffold, a stage or any other raised structure, all tools or other objects that could fall must be

(a) tied in a manner that will protect employees beneath, if the tools or other objects fall; or

(b) placed in a way that they will be caught by a safety net positioned so as to protect from injury any employee on or below the raised area, if the tools or the other objects fall.

SAFETY NETS

17. The design, construction and installation of a safety net referred to in subsection 12(8), paragraphs 16(5)(b) and 145(1)(b) shall meet the standards set out in ANSI Standard A10.11 — 1989, Safety Nets Used During Construction, Repair and Demolition Operations.

HOUSEKEEPING AND MAINTENANCE

18. (1) As far as practicable the working surface used by an employee shall be kept free of grease, oil or any other slippery substance and of any material or object that may create a hazard to an employee.

(2) Every work area used by an employee shall be kept free of accumulations of ice and snow while the area is in use.

PART 3

CREW ACCOMMODATION

APPLICATION

19. (1) This Part applies to crew accommodation.

(2) In this Part, the following provisions do not apply in respect of vessels constructed before the day on which the MLC 2006 comes into force in Canada:

(a) sections 20 to 23;

(b) subsection 24(2);

(c) sections 26 to 29;

(d) subsections 30(2) to (4);

(e) section 31;

(f) sections 33 to 35;

(g) sections 38 to 40;

(h) sections 42 to 44;

(i) sections 49 to 52;

(j) subsection 53(2); and

(k) subsection 53(4).

(3) For the purpose of this section, a vessel is deemed constructed on the earlier of

(a) the day on which its keel is laid, and

(b) the day on which construction identifiable with a specific vessel begins.

(4) The authorized representative, as defined in section 2 of the Canada Shipping Act, 2001, of a Canadian vessel that is carrying 15 or more crew members shall ensure that there is separate hospital accommodation on board if it is engaged on one of the following types of voyage of more than three days duration:

(a) an unlimited voyage;

(b) a near coastal voyage, Class 1; or

(c) an international voyage, other than an inland voyage.

GENERAL

20. There shall be adequate headroom in all seafarer accommodation and the minimum headroom in all seafarer accommodation where full and free movement is necessary shall be at least 203 cm.

21. (1) The sleeping quarters, mess rooms, recreation rooms, passageways in the accommodation space and their external bulkheads shall be adequately insulated to prevent condensation or overheating.

(2) If there is a possibility of resulting heat effects in adjoining accommodation or passageways, steam and hot-water service pipes, machinery casings and boundary bulkheads of galleys and other spaces where heat is produced shall be adequately insulated.

22. Any part of a bulkhead separating external bulkheads and sleeping quarters from cargo and machinery spaces, galleys, storerooms, drying rooms or communal sanitary areas shall be constructed of steel or other materials approved under the Canada Shipping Act, 2001 and be watertight and airtight.

23. (1) Materials used to construct internal bulkheads, panelling, sheeting, floors and joinings shall comply with the Hull Construction Regulations or the Crew Accommodation Regulations.

(2) The bulkhead surfaces and deckheads shall be constructed so that they can be easily cleaned and maintained in a sanitary condition.

(3) The bulkhead surfaces and deckheads in sleeping quarters and mess rooms shall be light in colour with a durable non-toxic finish.

24. (1) The decks in all seafarer accommodation shall be of material and construction approved under the Canada Shipping Act, 2001 and provide a non-slip surface impervious to moisture that is capable of being easily cleaned and maintained in a sanitary condition.

(2) If flooring is made of composite materials, any joints be profiled to avoid crevices.

(3) The decks in all seafarer accommodation shall

(a) be kept free of grease, oil or any other slippery substance and any material or object that may create a hazard to an employee; and

(b) have sufficient drainage.

25. (1) As far as practicable, electric light with two independent sources of electricity shall be provided in the seafarer accommodation in all vessels.

(2) If it is not possible to provide two independent sources of electricity for lighting, additional lighting shall be provided by properly installed lamps or lighting apparatus for emergency use.

SLEEPING QUARTERS

General

26. (1) Subject to subsections (3) and (4), sleeping quarters shall be situated above the load line amidships or aft.

(2) There shall be no direct openings into sleeping quarters from cargo and machinery spaces, galleys, storerooms, drying rooms or communal sanitary areas.

(3) In passenger vessels and in special purpose vessels if arrangements are made for lighting and ventilation, sleeping quarters may be located below the load line, but in no case shall they be located beneath working passageways.

(4) If the size, type or intended service of the vessel renders any other location impractical, sleeping quarters may be located in the fore part of the vessel, but in no case shall they be located forward of the collision bulkhead.

27. (1) As far as practicable, the sleeping quarters shall

(a) be of adequate size and be properly equipped so as to ensure reasonable comfort and to facilitate tidiness; and

(b) be equipped with a sanitary facility, if the size of the vessel, the activity in which it is to be engaged and its layout make it reasonable and practicable to do so.

(2) Except on passenger vessels, each sleeping quarter shall be provided with a wash basin with hot and cold running fresh water from taps that are clearly marked to indicate whether the water supply is hot or cold, unless the room is equipped with a sanitary facility containing a wash basin.

28. (1) As far as practicable, the minimum floor area per person for sleeping quarters of seafarers with officers duties shall be

(a) on vessels other than passenger vessels and special purpose vessels,

(i) 7.5 m² in vessels of less than 3,000 gross tonnage,

(ii) 8.5 m² in vessels of at least 3,000 but less than 10,000 gross tonnage, and

(iii) 10 m² in vessels of at least 10,000 gross tonnage or more; and

(b) on passenger vessels and special purpose vessels,

(i) 7.5 m² for junior officers; and

(ii) 8.5 m² for senior officers.

(2) In this section, “junior officers” means officers at the operational level and “senior officers” means officers at the management level.

(3) As far as practicable, the master, the chief navigating officer, the chief engineer and the first engineer officer shall have, in addition to their sleeping quarters, an adjoining sitting room, day room or equivalent additional space.

29. (1) As far as practicable, individual sleeping quarters shall be provided for each seafarer.

(2) In individual sleeping quarters, the minimum floor area shall be

(a) 4.5 m² in vessels of less than 3,000 gross tonnage;

(b) 5.5 m² in vessels of at least 3,000 but less than 10,000 gross tonnage; and

(c) 7 m² in vessels of at least 10,000 gross tonnage or more.

30. (1) If it is not possible to provide individual sleeping quarters,

(a) separate sleeping quarters shall be provided for men and women;

(b) an officer shall not share a sleeping quarters with more than one other person;

(c) as far as practicable, watchkeepers who are on different watches shall not share a sleeping quarters; and

(d) as far as practicable, seafarers working during the day shall not share a sleeping quarters with watchkeepers.

(2) As far as practicable, on passenger vessels and special purpose vessels, the floor area of sleeping quarters for seafarers not performing the duties of ships’ officers shall not be less than

(a) 7.5 m² in rooms accommodating two persons;

(b) 11.5 m² in rooms accommodating three persons; and

(c) 14.5 m² in rooms accommodating four persons.

(3) As far as practicable, in vessels of less than 3,000 gross tonnage, other than passenger vessels and special purpose vessels, no more than two persons shall share a sleeping quarters, and the floor area of that room shall not be less than 7 m².

(4) On special purpose vessels, a sleeping quarters may accommodate more than four persons and the floor area of that room shall not be less than 3.6 m² per person.

Calculation of Area

31. Space occupied by berths, lockers, chests of drawers and seats shall be included in the measurement of the floor area while small or irregularly shaped spaces, which do not add effectively to the space available for free movement and cannot be used for installing furniture, shall be excluded.

Berths

32. A separate berth shall be provided for each seafarer and arranged so that the berth is as comfortable as possible for the seafarer and any partner who may accompany the seafarer.

33. The minimum inner dimensions of a berth shall be 198 cm by 80 cm.

34. (1) The framework and the lee-board, if any, of a berth shall be constructed from material that is hard, smooth and impervious to moisture and not likely to corrode or to harbour vermin.

(2) If tubular frames are used for the construction of berths, the tubes shall be completely sealed and without perforations.

35. (1) No more than one berth shall be placed over another.

(2) No berth shall be placed over another if a sidelight is situated above a berth that is placed along the ship’s side.

(3) If one berth is placed over another,

(a) the lower berth shall be at least 30 cm above the floor;

(b) the upper berth be placed approximately midway between the bottom of the lower berth and the lower side of the deckhead beams; and

(c) a dust-proof bottom be fitted beneath the bottom mattress or spring bottom of the upper berth.

36. Each berth shall be fitted with a comfortable mattress with a cushioning bottom or a combined cushioning mattress that includes a spring bottom or a spring mattress.

37. In sleeping quarters an electric reading lamp shall be installed at the head of each berth.

Furniture

38. Sleeping quarters shall be equipped with

(a) a table or desk, which may be of the fixed, drop-leaf or slide-out type;

(b) comfortable seating accommodation;

(c) a mirror, small cabinets for toiletries, a book rack and one coat hook per occupant; and

(d) curtains or an equivalent covering for the portholes.

39. (1) Each occupant shall be provided with a clothes locker with a capacity of at least 475 l and a drawer or equivalent space with a capacity of at least 56 l, unless the drawer is incorporated into the clothes locker, in which case the combined minimum volume shall be 500 l.

(2) The clothes locker shall be fitted with a shelf and be capable of being locked.

40. The furniture shall be constructed of a smooth, hard material that is not prone to warping or corrosion.

GALLEYS AND DINING AREAS

41. (1) When an employee is required to eat on board a vessel there shall be, as far as practicable, a galley or dining area equipped with, at a minimum, the following items:

(a) a hot plate or a range;

(b) a microwave oven;

(c) a toaster;

(d) a refrigerator or a cooler;

(e) dish washing facilities; and

(f) pots, pans, strainers, dishes and utensils, in sufficient number to accommodate the greatest number of seafarers likely to use them at any one time.

(2) Every dining area provided by the employer shall be

(a) of sufficient size to allow individual seating and table space for each employee using the area;

(b) provided with non-combustible covered receptacles for the disposal of food waste or garbage; and

(c) separated from any place where a hazardous substance may contaminate food, dishes or utensils.

MESS ROOMS

42. Mess rooms shall be located as close as practicable to the galley and be away from the sleeping quarters and any place if a hazardous substance may contaminate food, dishes or utensils.

43. On vessels, other than passenger vessels, the floor area of mess rooms for seafarers shall not be less than 1.5 m² per person of the planned seating capacity.

44. If separate mess room facilities are provided for seafarers, a separate mess room shall be provided for the master and officers.

45. (1) In all vessels, mess rooms shall be equipped with tables and seats sufficient to accommodate the number of seafarers likely to use them at any one time.

(2) The tops of tables and seats shall be made of a moisture-resistant material.

46. There shall be available at all times when seafarers are on board

(a) a conveniently situated refrigerator of a capacity sufficient for the number of persons using the mess room;

(b) facilities for hot beverages and cool water;

(c) non-combustible covered receptacles for the disposal of food waste or garbage; and

(d) adequate lockers for mess utensils and suitable facilities for washing utensils, if pantries are not accessible from mess rooms.

SANITARY FACILITIES

47. All seafarers, on vessels normally engaged on voyages of more than four hours’ duration, shall have convenient access to sanitary facilities.

48. (1) As far as practicable, separate sanitary facilities shall be provided for men and women.

(2) If separate sanitary facilities are provided, each sanitary facility shall be equipped with a door that is self-closing and clearly marked to indicate the sex of the employees for whom the facility is provided.

(3) If male and female employees use the same sanitary facilities, the doors to the facilities shall be fitted with an inside locking device.

49. Sanitary facilities for vessels engaged in voyages of more than four hours shall be equipped with

(a) a minimum of one toilet, one wash basin and one tub or shower, provided at a convenient location for every group of not more than six persons who do not have a personal toilet, wash basin and tub or shower;

(b) fresh water running from taps that are clearly marked to indicate whether the water supply is hot or cold;

(c) wash basins made of vitreous china, vitreous enamelled iron or other material having a smooth and impervious surface that is not likely to crack, flake or corrode; and

(d) toilets that have

(i) a bowl of vitreous china or other suitable material,

(ii) a hinged seat,

(iii) a trap constructed in a manner that facilitates cleaning,

(iv) an adequate flush of water, and

(v) a soil pipe of adequate size that is constructed in a manner that facilitates cleaning and minimizes the risk of obstruction.

50. Sanitary facilities shall be located

(a) not more than one deck above or below each work place;

(b) close to the sleeping quarters of the employee for whom the sanitary facility is provided; and

(c) as far as practicable, within easy access of the navigating bridge and the machinery space or the engine room control centre.

51. A sanitary facility shall meet the following requirements:

(a) it shall be completely enclosed by bulkheads that are non-transparent from the outside;

(b) it shall not be directly accessible from a dining area or galley or a sleeping quarters, unless it is a part of that sleeping quarters’ private accommodation;

(c) if reasonably practicable, it shall be directly accessible from a passageway; and

(d) if it contains more than one water closet, each water closet shall be enclosed in a separate compartment fitted with a door and an inside locking device.

HOSPITAL ACCOMMODATION

52. (1) The hospital accommodation shall be easy to access, suitable to accommodate persons in need of medical care and conducive to their promptly receiving the necessary care.

(2) The vessel’s master shall ensure that the accommodation is used exclusively for medical purposes.

(3) As far as practicable, sanitary facilities containing a minimum of one toilet, one wash basin and one tub or shower shall be provided for the exclusive use of the occupants of the hospital accommodation, either as part of the accommodation or in close proximity to it.

VENTILATION AND HEATING

53. (1) The system of ventilation for sleeping quarters and mess rooms shall be controlled so as to maintain the air in a satisfactory condition and to ensure sufficient air circulation at all times.

(2) All sanitary spaces shall have ventilation to the open air, independent of any other part of the accommodation.

(3) Each personal service room and food preparation area shall be ventilated to provide at least two changes of air per hour

(a) by mechanical means, if the room is normally used by 10 or more employees at any one time; or

(b) by mechanical means or natural ventilation through a window or similar opening, if the room is used by fewer than 10 employees and

(i) the window or opening is located on an outside wall of the room, and

(ii) not less than 0.2 m² of unobstructed ventilation is provided for each of the employees who normally use the room at any one time.

(4) If an employer provides ventilation by mechanical means, the amount of air provided for a type of room set out in column 1 of the table to this subsection, shall be not less than that set out in column 2.

TABLE

MINIMUM VENTILATION REQUIREMENTS FOR CHANGE ROOMS, TOILET ROOMS AND SHOWER ROOMS

(5) If an employer provides for the ventilation of a food preparation area or a canteen by mechanical means, the rate of change of air shall be at least 9 l/s for each employee who is normally employed in the food preparation area at any one time or for each employee who uses the canteen at any one time, as the case may be.

54. In sleeping quarters and galleys, the temperature, measured one metre above the deck in the centre of the room or galley, shall be maintained at a level of not less than 18°C and, if reasonably practicable, not more than 29°C.

55. (1) All vessels, except those regularly engaged in trade where temperate climatic conditions do not require it, shall be equipped with air conditioning for seafarer accommodation, for any separate radio room and for any centralized machinery control room.

(2) Air conditioning systems shall be designed to

(a) maintain the air at a satisfactory temperature and relative humidity as compared to outside air conditions;

(b) ensure a sufficient number of air changes in all air-conditioned spaces;

(c) take account of the particular characteristics of operations at sea;

(d) not produce excessive noises or vibrations; and

(e) facilitate cleaning and disinfection in order to prevent or control the spread of disease.

56. (1) In all vessels in which a heating system is required, steam shall not be used as a medium for heat transmission within crew accommodation areas.

(2) The heating system shall be capable of maintaining the temperature in crew accommodations at a satisfactory level under normal conditions of weather and climate likely to be met within the trade in which the vessel is engaged.

(3) Radiators and other heating apparatus shall be placed and, where necessary, shielded so as to avoid risk of fire, danger or discomfort to the occupants.

(4) If weather and climate conditions so require, power for the operation of the air conditioning, heating and other aids to ventilation shall be available at all times when seafarers are living or working on board the vessel.

PART 4

SANITATION

INTERPRETATION

57. In this Part, “communicable disease” has the same meaning as in section 2 of the Quarantine Act.

GENERAL

58. (1) Every employer shall maintain each personal service room and food preparation area used by employees in a clean and sanitary condition.

(2) Each personal service room and food preparation area shall be cleaned at least once every day that it is used.

59. (1) If a vessel is in operation, an inspection shall be made once a week of

(a) the supplies of food and water on the vessel;

(b) all spaces and equipment used for the storage and handling of food; and

(c) the galley and equipment used for the preparation and service of food.

(2) A record of each inspection, made in accordance with subsection (1), shall be kept by the employer on the vessel to which it applies for a period of three years after the day on which the inspection is made.

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

61. If an interior deck on a vessel is normally wet and employees on the vessel do not use non-slip waterproof footwear, the deck shall be covered with a dry false floor or platform or treated with a non-slip product or substance.

62. Each container that is used for solid or liquid waste in a work place shall

(a) be equipped with a tight-fitting cover;

(b) be constructed so that it can be easily cleaned and maintained in a sanitary condition;

(c) be leak-proof; and

(d) if there may be internal pressure in the container, be designed so that the pressure is relieved by controlled ventilation.

63. (1) As far as practicable, each enclosed part of a work place, personal service room and galley shall be constructed, equipped and maintained in a manner that will prevent the entry of vermin.

(2) If vermin have entered any enclosed part of a work place, personal service room or galley, the employer shall immediately take all steps necessary to eliminate the vermin and prevent its re-entry.

64. No person shall use a personal service room for the purpose of storing equipment or supplies unless a closet fitted with a door is provided in that room for that purpose.

65. (1) All reasonable steps shall be taken to ensure that personal service rooms are kept mold and mycosis free.

(2) In each personal service room and galley, the decks, partitions and bulkheads shall be constructed so that they can be easily cleaned and maintained in a sanitary condition.

66. The deck and lower 150 mm of any partition or bulkhead that is in contact with the deck in a galley or sanitary facility shall be watertight and impervious to moisture.

SANITARY FACILITIES

67. In every sanitary facility, the employer shall provide

(a) toilet paper on a holder or in a dispenser in each toilet compartment;

(b) soap or other cleaning agent in a dispenser at each wash basin or between adjoining wash basins;

(c) sufficient sanitary hand drying facilities to serve the number of employees using the sanitary facility;

(d) a non-combustible container for the disposal of used towels if towels are provided; and

(e) a covered container lined with a plastic bag for the disposal of sanitary napkins, if the sanitary facility is provided for the use of female employees.

WASH BASINS

68. In every personal service room that contains a wash basin, the employer shall provide

(a) powdered or liquid soap or other cleaning agent in a dispenser at each wash basin or between adjoining wash basins;

(b) sufficient sanitary hand drying facilities to serve the number of employees using the personal service room; and

(c) a non-combustible container for the disposal of used towels if towels are provided.

SHOWERS

69. (1) Every shower shall be provided with

(a) hot and cold water; and

(b) soap or other cleaning agent.

(2) If duck-boards are used in showers, they shall not be made of wood.

WATER

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

(2) The potable water shall

(a) be in sufficient quantity to meet the purposes set out in subsection (1);

(b) meet the microbiological quality guidelines set out in the Guidelines for Canadian Drinking Water Quality, prepared by the Federal-Provincial-Territorial Committee on Drinking Water and published by the Department of Health; and

(c) meet the requirements set out in section 8 of the Potable Water Regulations for Common Carriers.

(3) Potable water for drinking shall be available at all times for the use of every person working on the vessel.

71. (1) Every employer shall develop a potable water management program that sets out the testing procedures and frequency of them and the measures to be taken to prevent contamination.

(2) The potable water management program shall be kept readily available for inspection.

72. (1) Every vessel of 300 tons register tonnage or more that is not a day vessel shall have on board a supply of water that is available for all wash basins, bathtubs and showers and is sufficient to provide at least 68 l of water for each person on the vessel for each day that the person spends on the vessel.

(2) A day vessel shall have on board at least 22.7 l of water for each person on the vessel for each day that the person spends on the vessel.

73. If it is necessary to transport water for drinking, personal washing or food preparation, only sanitary portable water containers shall be used.

74. If a portable storage container for drinking water is used,

(a) the container shall be securely closed;

(b) the container shall be used only for storing potable water;

(c) the container shall not be stored in a sanitary facility; and

(d) the water shall be drawn from the container by

(i) a tap,

(ii) a ladle used only for the purpose of drawing water from the container, or

(iii) any other means that precludes the contamination of the water.

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

76. If drinking water is supplied by a drinking fountain,

(a) the fountain shall meet the standards set out in the Air Conditioning and Refrigeration Institute of the United States 1010–02, Standard for Drinking-Fountains and Self-Contained, Mechanically-Refrigerated Drinking-Water Coolers, published in 1982; and

(b) the fountain shall not be installed in a sanitary facility.

PREPARATION, HANDLING, STORAGE AND SERVING OF FOOD

77. Each food handler shall be trained and instructed in food handling practices that prevent the contamination of food.

78. No person who is suffering from a communicable disease shall work as a food handler.

79. If food is served in a work place, the employer shall adopt and implement the 2007 edition of the Food Safety Code of Practice, published by the Canadian Restaurant and Foodservices Association.

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

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

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

(a) designed to be easily cleaned;

(b) smooth, free from cracks, crevices, pitting or unnecessary indentations; and

(c) cleaned and stored to maintain their surfaces in a sanitary condition.

82. No person shall eat, prepare or store food in

(a) a place where a hazardous substance may contaminate food, dishes or utensils;

(b) a personal service room that contains a water closet, urinal or shower; or

(c) any other place where food is likely to be contaminated.

FOOD WASTE AND GARBAGE

83. No food waste or garbage shall be stored in a galley.

84. Garbage shall be held in leak-proof, non-absorptive, easily cleaned containers with tight-fitting covers.

85. Dry food waste and garbage shall be removed or incinerated.

86. (1) Food waste and garbage containers shall be kept covered and the food waste and garbage removed as frequently as is necessary to prevent unsanitary conditions.

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

PART 5

SAFE OCCUPANCY OF THE WORK PLACE

DIVISION 1

GENERAL

Interpretation

87. The following definitions apply in this Part.

“emergency evacuation plan” means a written plan for use in an emergency. (plan d’évacuation d’urgence)

“work place violence” constitutes any action, conduct, threat or gesture of a person towards an employee in their work place that can reasonably be expected to cause harm, injury or illness to that employee. (violence dans le lieu de travail)

Fire Protection Equipment

88. Fire protection equipment shall be installed, inspected and maintained on board every vessel in accordance with the Fire Detection and Extinguishing Equipment Regulations.

Emergency Evacuation

89. Emergency evacuation equipment shall be installed, inspected and maintained on board every vessel in accordance with the Life Saving Equipment Regulations.

Emergency Procedures

90. (1) Every employer shall prepare emergency procedures, including evacuation procedures, in accordance with the Boat and Fire Drill and Means of Exit Regulations.

(2) Notices that set out the details of the evacuation procedures shall be posted in a conspicuous place that is accessible to every employee in the work place.

Training and Instructions

91. Every employee shall be trained and instructed in

(a) the procedures to be followed by an employee in the event of an emergency;

(b) the location, use and operation of fire protection equipment and emergency equipment provided by the employer; and

(c) recognizing work place violence.

Inspections

92. (1) A visual inspection of every vessel shall be carried out by a qualified person at least once every six months and shall include an inspection of all fire escapes, exits and stairways and fire protection equipment on board the vessel in order to ensure that they are in serviceable condition and ready for use at all times.

(2) A record of each inspection carried out in accordance with subsection (1) shall be dated and signed by the person who carried out the inspection and kept by the employer on board the vessel to which it applies for a period of two years after the day on which it is signed.

DIVISION 2

VIOLENCE PREVENTION IN THE WORK PLACE

Interpretation

93. The employer shall carry out its obligations under this Division in consultation with and the participation of the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

Work Place Violence Prevention Policy

94. The employer shall develop and post at a place accessible to all employees a work place violence prevention policy setting out, among other things, the following obligations of the employer:

(a) to provide a safe, healthy and violence-free work place;

(b) to dedicate sufficient attention, resources and time to address factors that contribute to work place violence including, but not limited to, bullying, teasing, and abusive and other aggressive behaviour and to prevent and protect against it;

(c) to communicate to its employees information in its possession about factors contributing to work place violence; and

(d) to assist employees who have been exposed to work place violence.

Identification of Factors that Contribute to Work Place Violence

95. The employer shall identify all factors that contribute to work place violence, by taking into account, at a minimum, the following:

(a) its experience in dealing with those factors and with work place violence;

(b) the experience of other employers in dealing with those factors and with violence in similar work places;

(c) the location and circumstances in which the work activities take place;

(d) the employees’ reports of work place violence or the risk of work place violence;

(e) its investigation of work place violence or the risk of work place violence; and

(f) the measures that are already in place to prevent and protect against work place violence.

Assessment

96. (1) The employer shall assess the potential for work place violence, using the factors identified under section 95 by taking into account, at a minimum, the following:

(a) the nature of the work activities;

(b) the working conditions;

(c) the design of the work activities and surrounding environment;

(d) the frequency of situations that present a risk of work place violence;

(e) the severity of the adverse consequences to an employee exposed to a risk of work place violence;

(f) the observations and recommendations of the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, and of the employees; and

(g) the measures that are already in place to prevent and protect against work place violence.

(2) The employer, when consulting with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, shall not disclose information whose disclosure is prohibited by law or could reasonably be expected to threaten the safety of individuals.

Controls

97. (1) Once an assessment of the potential for work place violence has been carried out under section 96, the employer shall develop and implement systematic controls to eliminate or minimize work place violence or the risk of work place violence to the extent reasonably practicable.

(2) The controls shall be developed and implemented as soon as practicable, but not later than 90 days after the day on which the risk of work place violence has been assessed.

(3) Once controls referred to in subsection (1) are implemented, the employer shall establish procedures for appropriate follow-up maintenance and corrective measures, including measures to promptly respond to unforeseen risks of work place violence.

(4) Any controls established to eliminate or minimize work place violence shall not create or increase the risk of work place violence.

Work Place Violence Prevention Measures Review

98. (1) The employer shall review the effectiveness of the work place violence prevention measures set out in sections 94 to 97 at least once every three years and update them whenever there is a change that compromises the effectiveness of those measures.

(2) The review shall include consideration of the following:

(a) work place conditions and work locations and activities;

(b) work place inspection reports;

(c) the employees’ reports and the employer’s records of investigations into work place violence or the risk of work place violence;

(d) work place health and safety evaluations;

(e) data on work place violence or the risk of work place violence in the employees’ work place or in similar work places;

(f) the observations of the policy committee, or if there is no policy committee, the work place committee or the health and safety representative; and

(g) other relevant information.

(3) The employer shall keep, for a period of three years, a written or electronic record of findings following the review of the work place violence prevention measures, and make it readily available for examination by a health and safety officer.

Procedures in Response to Work Place Violence

99. (1) The employer shall develop in writing and implement emergency notification procedures to summon assistance if immediate assistance is required, in response to work place violence.

(2) The employer shall ensure that employees are made aware of the emergency notification procedures applicable to them and that the text of those procedures is posted at a location readily accessible to those employees.

(3) In the development and implementation of emergency notification procedures, the employer’s decision of whether or not to notify the police shall take into account the nature of the work place violence and the concerns of employees who experienced the work place violence.

(4) If the police are investigating a violent occurrence, the work place committee or the health and safety representative shall be notified of their investigation, unless notification is prohibited by law.

(5) The employer shall develop and implement measures to assist employees who have experienced work place violence.

Notification and Investigation

100. (1) In this section, “competent person” means a person who

(a) is impartial and is seen by the parties to be impartial;

(b) has knowledge, training and experience in issues relating to work place violence; and

(c) has knowledge of relevant legislation.

(2) If an employer becomes aware of work place violence or alleged work place violence, the employer shall try to resolve the matter with the employee as soon as possible.

(3) If the matter is unresolved, the employer shall appoint a competent person to investigate the work place violence and provide that person with any relevant information whose disclosure is not prohibited by law and that would not reveal the identity of persons involved without their consent.

(4) The competent person shall investigate the work place violence and at the completion of the investigation provide the employer with a written report containing their conclusions and recommendations.

(5) The employer shall, on completion of the investigation into the work place violence,

(a) keep a record of the report from the competent person;

(b) provide the work place committee or the health and safety representative, as the case may be, with the report of the competent person, providing information whose disclosure is not prohibited by law and that would not reveal the identity of persons involved without their consent; and

(c) adapt or implement, as the case may be, controls referred to in subsection 97(1) to prevent a recurrence of the work place violence.

(6) Subsections (3) to (5) do not apply if

(a) the work place violence was caused by a person other than an employee;

(b) it is reasonable to consider that engaging in the violent situation is a normal condition of employment; and

(c) the employer has effective procedures and controls in place, involving employees, to address work place violence.

Training

101. (1) The employer shall provide information, instruction and training on the factors that contribute to work place violence that are appropriate to the work place of each employee exposed to work place violence or a risk of work place violence.

(2) The employer shall provide information, instruction and training

(a) before assigning to an employee any new activity for which a risk of work place violence has been identified;

(b) when new information on work place violence becomes available; and

(c) at least once every three years.

(3) The information, instruction and training shall include the following:

(a) the nature and extent of work place violence and how employees may be exposed to it;

(b) the communication system established by the employer to inform employees about work place violence;

(c) information on what constitutes work place violence and on the means of identifying the factors that contribute to work place violence;

(d) the work place violence prevention measures set out in sections 94 to 97; and

(e) the employer’s procedures for reporting on work place violence or the risk of work place violence.

(4) At least once every three years and in either of the following circumstances, the employer shall review and update, if necessary, the information, instruction and training provided:

(a) when there is a change in respect of the risk of work place violence; or

(b) when new information on the risk of work place violence becomes available.

(5) The employer shall maintain signed records, in paper or electronic form, on the information, instruction and training provided to each employee for a period of two years after the date on which an employee ceases to perform an activity that has a risk of work place violence associated with it.

PART 6

MEDICAL CARE

INTERPRETATION

102. The following definitions apply in this Part.

“detached work place” means a work place away from a vessel where employees normally employed on the vessel are engaged in work related to the operation of the vessel. (lieu de travail isolé)

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

“health unit” means a consultation and treatment facility that is in the charge of a person who is a registered nurse under the laws of any province. (service de santé)

“medical facility” means a medical clinic or the office of a physician. (installation médicale)

“medicine chest” means a container in which an assortment of medicines is stored. (pharmacie de bord)

GENERAL

103. Every employer shall ensure that a vessel engaged on a voyage has at least one designated seafarer holding a training certificate that meets the requirements of paragraph 207(3)(g) of the Marine Personnel Regulations, unless an exemption in respect of the vessel has been granted under the Canada Shipping Act, 2001.

104. (1) A vessel shall carry a complete and up-to-date list of radio stations from which medical advice can be obtained.

(2) If a vessel is equipped with a system of satellite communication, it shall carry a complete and up-to-date list of coast earth stations from which medical advice can be obtained.

105. Seafarers with responsibility for medical care or first aid shall be instructed by the employer in the use of the ship’s medical guide and in the medical section of the most recent edition of the International Code of Signals so that they can understand the type of information needed by the advising doctor and the advice received.

106. Every employer shall

(a) establish written instructions that provide for the prompt rendering of first aid to an employee for any injury, disabling injury or illness;

(b) keep a copy of the instructions readily available for examination by employees; and

(c) if a cargo which is classified dangerous has not been included in the most recent edition of the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods, make available to the seafarers the necessary information on the nature of the substances, the risks involved, the necessary personal protection equipment required, the relevant medical procedures and specific antidotes.

107. If an employee sustains an injury or becomes aware that they have a disabling injury or illness, the employee shall, if possible, report immediately for first aid to a person who holds a first aid certificate.

108. (1) The employer shall ensure that on board every vessel

(a) there is at least one person who holds a first aid certificate and who can immediately render first aid to employees who are injured or ill; and

(b) for every work place at which employees are working on live electrical equipment, there is at least one employee who has, in the 12 months before the performance of the work on the electrical equipment, successfully completed a course in cardiopulmonary resuscitation given by an approved organization.

(2) Subsection (1) does not apply to shore-based employees for whom a first aid room, a health unit or a medical facility is provided on shore.

109. Medical care and health protection services while a seafarer is on board a vessel or landed in a foreign port shall be provided free of charge to seafarers, shall not be limited to treatment of injured or ill seafarers and shall include measures of a preventive character such as health promotion and health education programs.

MEDICAL CARE ASHORE

110. Measures be taken to ensure that seafarers have access when in port to:

(a) outpatient treatment for injury and illness;

(b) hospitalization when necessary; and

(c) dental treatment, especially in cases of emergency.

MEDICINE CHEST, MEDICAL EQUIPMENT AND MEDICAL GUIDE

111. (1) All vessels shall carry a medicine chest, medical equipment and a medical guide.

(2) The medicine chest and its contents, as well as the medical equipment and medical guide carried on board, shall be properly maintained and inspected at regular intervals of not more than 12 months, by a qualified person who holds a first aid certificate to ensure that medicines are properly stored and labelled with directions for their use and their expiry date, and that all equipment functions as required.

(3) Every medicine chest shall be

(a) accessible when an employee is on the vessel; and

(b) clearly identified by a conspicuous sign.

112. The employer shall provide and maintain for a work place set out in column 1 of the table to this section the type of first aid kit set out in column 2.

TABLE

REQUIREMENTS FOR FIRST AID KITS

113. A type of first aid kit shall contain the supplies and equipment listed in the table to this section in the applicable quantities set out in that table.

TABLE

FIRST AID AND EQUIPMENT

114. If a hazard of skin or eye injury from a hazardous substance exists in a work place, shower facilities to wash the skin and eye wash facilities to irrigate the eyes shall be provided for immediate use by employees, or if it is not practicable to do so, portable equipment shall be provided.

TRANSPORTATION

115. Before assigning employees to a detached work place, the employer shall provide them with the following for that work place:

(a) suitable means of transporting an injured employee to the vessel, a medical facility or a hospital;

(b) a person who holds a first aid certificate to accompany an injured employee and to render first aid in transit if required; and

(c) a means of communication between the detached work place and the vessel.

POSTING OF INFORMATION

116. (1) Subject to subsection (2), an employer shall post and keep posted in a conspicuous place accessible to every employee on board a vessel

(a) information regarding first aid to be rendered for any injury, disabling injury or illness; and

(b) information regarding the location of medicine chests.

(2) At a detached work place, the information referred to in subsection (1) shall be kept inside the first aid kit referred to in section 112.

RECORDS

117. (1) If an injured or ill employee reports for first aid to a person in accordance with section 107 or if a person who holds a first aid certificate renders first aid to an employee, the person shall

(a) enter in a first aid record the following information:

(i) the date and time of the reporting of the injury, disabling injury or illness,

(ii) the full name of the injured or ill employee,

(iii) the date, time and location of the occurrence of the injury, disabling injury or illness,

(iv) a brief description of the injury, disabling injury or illness,

(v) a brief description of the first aid rendered, if any, and

(vi) a brief description of arrangements made for the treatment or transportation of the injured or ill employee; and

(b) sign the first aid record beneath the information entered in accordance with paragraph (a).

(2) The employer shall keep a first aid record for a period of two years after the day on which information is entered in it.

PART 7

HAZARD PREVENTION PROGRAM

DEVELOPMENT

118. (1) The employer shall, in consultation with and with the participation of the policy committee, or, if there is no policy committee, the work place committee or the health and safety representative, develop, implement and monitor a program for the prevention of hazards, including ergonomics-related hazards, in the work place that is appropriate to the size of the work place and the nature of the hazards and that includes the following components:

(a) an implementation plan;

(b) a hazard identification and assessment methodology;

(c) hazard identification and assessment;

(d) preventive measures;

(e) employee education; and

(f) a program evaluation.

(2) Subsection (1) applies in respect of every work place controlled by the employer and, in respect of every work activity carried out by an employee in a work place that is not controlled by the employer, to the extent that the employer controls the activity.

IMPLEMENTATION PLAN

119. (1) The employer shall

(a) develop an implementation plan that specifies the time frame for each phase of the development and implementation of the prevention program;

(b) monitor the progress of the implementation of the preventive measures; and

(c) review the time frame of the implementation plan regularly and, if necessary, revise it.

(2) In implementing the prevention program, the employer shall ensure, as far as practicable, that ergonomics-related hazards are identified and assessed and that they are eliminated or reduced, as required by subsection 122(1), and that any person assigned to identify and assess ergonomics-related hazards has the necessary training and instructions.

HAZARD IDENTIFICATION AND ASSESSMENT METHODOLOGY

120. (1) The employer shall develop a hazard identification and assessment methodology, including an identification and assessment methodology for ergonomics-related hazards, taking into account the following documents and information:

(a) any hazardous occurrence investigation reports;

(b) first aid records and minor injury records;

(c) work place health protection programs;

(d) results of any work place inspections;

(e) any employee reports made under paragraph 126(1)(g) or (h) of the Act or under section 272;

(f) any government or employer reports, studies and tests concerning the health and safety of employees;

(g) any reports made under the Safety and Health Committees and Representatives Regulations;

(h) the record of hazardous substances; and

(i) any other relevant information, including ergonomics-related information.

(2) The hazard identification and assessment methodology shall include

(a) the steps and time frame for identifying and assessing the hazards;

(b) the keeping of a record of the hazards; and

(c) a time frame for reviewing and, if necessary, revising the methodology.

HAZARD IDENTIFICATION AND ASSESSMENT

121. The employer shall identify and assess the hazards in the work place in accordance with the methodology developed under section 120 taking into account

(a) the nature of the hazard;

(b) the employees’ level of exposure to the hazard;

(c) the frequency and duration of the employees’ exposure to the hazard;

(d) the effects, real or apprehended, of the exposure on the health and safety of the employee;

(e) the preventive measures in place to address the hazard;

(f) any employee reports made under paragraphs 126(1)(g) or (h) of the Act or under section 272; and

(g) any other relevant information.

PREVENTIVE MEASURES

122. (1) The employer shall, in order to address identified and assessed hazards, including ergonomics-related hazards, take preventive measures to address the assessed hazard in the following order of priority:

(a) the elimination of the hazard, including by way of engineering controls which may involve mechanical aids, equipment design or redesign that take into account the physical attributes of the employee;

(b) the reduction of the hazard, including isolating it;

(c) the provision of personal protection equipment, clothing, devices or materials; and

(d) administrative procedures respecting, among other things, work permits issued under Part 13, the management of hazard exposure and recovery periods and the management of work patterns and methods.

(2) As part of the preventive measures, the employer shall develop and implement a preventive maintenance program in order to avoid failures that could result in a hazard to employees.

(3) The employer shall ensure that any preventive measure shall not in itself create a hazard and shall take into account the effects on the work place.

(4) The preventive measures shall include steps to address

(a) newly identified hazards in an expeditious manner; and

(b) ergonomics-related hazards that are identified when planning implementation of change to the work environment or to work duties, equipment, practices or processes.

EMPLOYEE EDUCATION

123. (1) The employer shall provide health and safety education, including education relating to ergonomics, to each employee which shall include the following:

(a) the hazard prevention program implemented in accordance with this Part to prevent hazards applicable to the employee, including the hazard identification and assessment methodology and the preventive measures taken by the employer;

(b) the nature of the work place and the hazards associated with it;

(c) the employee’s duty to report under paragraphs 126(1)(g) and (h) of the Act and under section 272; and

(d) an overview of the Act and these Regulations.

(2) The employer shall provide education to an employee

(a) when new information in respect of a hazard in the work place becomes available to the employer; and

(b) shortly before the employee is assigned a new activity or exposed to a new hazard.

(3) The employer shall review the employee education program, and, if necessary, revise it

(a) at least once every three years;

(b) when there is a change in conditions in respect of a hazard; and

(c) when new information in respect of a hazard in the work place becomes available to the employer.

(4) Each time education is provided to an employee, the employee shall acknowledge in writing that they received it and the employer shall acknowledge in writing that they provided it.

(5) The employer shall keep, in paper or electronic form, records of the education provided to each employee, which shall be kept for a period of two years after the day on which the employee ceases to be exposed to a hazard.

PROGRAM EVALUATION

124. (1) The employer shall evaluate the effectiveness of the hazard prevention program, including its ergonomics-related components, and, if necessary, revise it

(a) at least once every three years;

(b) when there is a change in conditions in respect of a hazard; and

(c) when new information in respect of a hazard in the work place becomes available to the employer.

(2) The evaluation of the effectiveness of the prevention program shall be based on the following documents and information:

(a) conditions related to the work place and the activities of the employees;

(b) any work place inspection reports;

(c) any hazardous occurrence investigation reports;

(d) any safety audits;

(e) first aid records and any injury statistics, including records and statistics relating to ergonomics-related first aid and injuries;

(f) any observations of the policy and work place committees, or the health and safety representative, on the effectiveness of the prevention program; and

(g) any other relevant information.

REPORTS AND RECORDS

125. (1) If a program evaluation has been conducted under section 124, the employer shall prepare a program evaluation report and submit a copy of it to the Minister as part of the employer’s annual hazardous occurrence report referred to in section 277.

(2) The employer shall keep every program evaluation report readily available for a period of six years after the day on which the report is prepared.

PART 8

DIVING OPERATIONS

126. The employer shall ensure that all diving operations from a vessel shall meet the same requirements as those set out in Part XVIII of the Canada Occupational Health and Safety Regulations.

PART 9

PERSONS TRANSFER APPARATUS

INTERPRETATION

127. The following definitions apply in this Part.

“boatswain’s chair” means a single-point adjustable suspension scaffold consisting of a seat or sling designed to accommodate one employee in a sitting position. (chaise de gabier)

“persons transfer apparatus” means a platform, bucket or basket or boatswain’s chair designed specifically for the purpose of transporting, lifting, moving and positioning employees. (appareil de transbordement de personnes)

APPLICATION

128. This Part applies to every persons transfer apparatus used for the purpose of carrying people on board every vessel, and every safety device attached to them.

STANDARDS

129. (1) Every persons transfer apparatus and every safety device attached to them shall

(a) meet the standards set out in the applicable standard referred to in subsection (2) as far as is reasonably practicable; and

(b) be used, operated and maintained in accordance with the standards set out in the applicable standard referred to in subsection (2).

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

(a) elevators, dumbwaiters and escalators is ASME A17.1-2007/CSA B44-07, Safety Code for Elevators and Escalators, and CAN/CSA-B44.1/ASME-A17.5-04, Elevator and Escalator Electrical Equipment;

(b) manlifts is CSA Standard CAN/CSA-B311-02, Safety Code for Manlifts; and

(c) personnel hoists is CSA Standard CAN/CSA-Z185-M87 (R2006), Safety Code for Personnel Hoists; and

(d) lifts for persons with physical disabilities is CSA Standard CAN B355-00, Lifts for Persons with Physical Disabilities.

(e) descent control devices is CSA Standard Z-259.3.-99, Descent Control Devices.

USE AND OPERATION

130. (1) No persons transfer apparatus on a vessel shall be used or operated in the following circumstances:

(a) with a load in excess of the load that it was designed and installed to move safely; or

(b) when the roll of the vessel is more than the maximum roll for the safe operation of the persons transfer apparatus recommended by the manufacturer.

(2) No persons transfer apparatus shall be used or placed in service while any safety device attached to it is inoperative.

(3) No safety device attached to a persons transfer apparatus shall be altered, interfered with or rendered inoperative.

(4) Subsections (2) and (3) do not apply in respect of a persons transfer apparatus or a safety device that is being inspected, tested, repaired or maintained by a qualified person.

131. (1) No persons transfer apparatus shall be used to transfer freight unless the device is specifically designed for freight and people or if there is an emergency.

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

(3) If a person is transferred by means of a persons transfer apparatus to or from a place on a vessel or to or from a place off a vessel,

(a) persons at both places shall be in direct radio contact; and

(b) the person to be transferred shall

(i) be instructed in the safety procedures to be followed by them,

(ii) wear a flotation suit if the conditions warrant, and

(iii) shall use a life jacket or a personal flotation device unless, if for medical or emergency reasons it is not practical to wear one.

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

BOATSWAIN’S CHAIR

132. (1) A boatswain’s chair must provide stable and adequate support for the user.

(2) A boatswain’s chair must be suspended from a parapet clamp, cornice hook, thrust-out beam or other solid anchorage having a working load limit that is at least equivalent to that of the suspension system for the boatswain’s chair.

133. A boatswain’s chair shall only be used when visibility and weather conditions permit its safe use.

INSPECTION AND TESTING

134. (1) Every persons transfer apparatus shall be inspected and found to be in serviceable condition before each use and all ropes, wires or other vital parts that show signs of significant wear shall be replaced before it is used.

(2) Every persons transfer apparatus and every safety device attached to it shall be inspected and tested by a qualified person to ascertain that the requirements referred in section 129 are met

(a) before the persons transfer apparatus and any safety device attached to it are placed in service;

(b) after an alteration to the persons transfer apparatus or any safety device attached to it; and

(c) once every 12 months.

(3) A record of each inspection and test made in accordance with subsection (2) shall

(a) be made and signed by the qualified person who made the inspection and performed the test;

(b) include the date of the inspection and test and the identification and location of the persons transfer apparatus and safety devices that were inspected and tested;

(c) set out the observations of the qualified person on the safety of the apparatus and any safety device;

(d) be kept by the employer on the vessel in which the persons transfer apparatus is located for a period of two years after the day on which the inspection is signed; and

(e) be readily available for consultation by the operator of the apparatus.

REPAIR AND MAINTENANCE

135. Repair and maintenance of a persons transfer apparatus or a safety device attached to it shall be performed by a qualified person appointed by the employer.

PART 10

SAFETY MATERIALS, EQUIPMENT, DEVICES AND CLOTHING

GENERAL

136. (1) Every person granted access to a work place who is exposed to a health or safety hazard shall use the protection equipment prescribed by this Part

(a) if it is not reasonably practicable to eliminate or control a health or safety hazard in a work place within safe limits; and

(b) if the use of the protection equipment may prevent or reduce injury from that hazard.

(2) All protection equipment shall

(a) be designed to protect the person from the hazard for which it is provided;

(b) not in itself create a hazard;

(c) be maintained, inspected and tested by a qualified person; and

(d) if necessary to prevent a health hazard, be maintained in a clean and sanitary condition by a qualified person.

PROTECTIVE HEADWEAR

137. If there is a hazard of head injury in a work place, the employer shall provide protective headwear that meets the standards set out in CSA Standard CAN/CSA-Z94.1-05, Industrial Protective Headwear — Performance, selection, care, and use.

PROTECTIVE FOOTWEAR

138. (1) If there is a hazard of a foot injury or electric shock through footwear in a work place, the employer shall provide protective footwear that meets the standards set out in CSA Standard CAN/CSA Z195-02 (R2008), Protective Footwear.

(2) If there is a hazard of slipping in a work place, non-slip footwear shall be used.

EYE AND FACE PROTECTION

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

140. (1) If there is a hazard of an airborne hazardous substance or an oxygen-deficient atmosphere in a work place, the employer shall provide

(a) a respiratory protective device that is listed in the NIOSH Certified Equipment List, published by the United States National Institute for Occupational Safety and Health; or

(b) a breathing apparatus consisting of

(i) a smoke helmet or smoke mask that has an air pump or bellows with a length of air hose long enough to reach any part of the work place from a place on the open deck that is well clear of any hatch or doorway, or

(ii) a self-contained unit of the open circuit compressed air type or the closed circuit oxygen generating type.

(2) A respiratory protective device or breathing apparatus referred to in subsection (1) shall be selected, fitted, cared for, used and maintained in accordance with the standards set out in CSA Standard CAN/CSA-Z94.4-02 (R2007), Selection, Care and Use of Respirators.

(3) If air is provided by means of a respiratory protective device or breathing apparatus referred to in subsection (1)

(a) the air shall meet the standards set out in clause 15.3 of CSA Standard CAN/CSA-Z180.1-00 (R2005), Compressed Breathing Air and Systems; and

(b) the system that supplies air shall be constructed, tested, operated and maintained in accordance with the CSA Standard referred to in paragraph (a).

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

SKIN PROTECTION

141. If there is a hazard of injury or disease to or through the skin of a person in a work place, the employer shall provide any person granted access to the work place with

(a) a shield or a screen;

(b) a cream or a barrier lotion to protect the skin; or

(c) an appropriate body covering.

FALL-PROTECTION SYSTEMS

142. (1) The employer shall provide a fall-protection system if an employee, other than an employee who is installing or removing a fall-protection system, works from

(a) an unguarded work area that is

(i) more than 2.4 m above the nearest permanent safe level,

(ii) above any moving parts of machinery or any other surface or thing that could cause injury to an employee on contact, or

(iii) above an open hold;

(b) a structure referred to in Part 2 that is more than 3 m above a permanent safe level; or

(c) a ladder at a height of more than 2.4 m above the nearest permanent safe level and because of the nature of the work, that employee can use only one hand to hold onto the ladder.

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

(a) CSA Standard CSA-Z259.1-05, Body Belts and Saddles for Work Positioning and Travel Restraint;

(b) CSA Standard CAN/CSA-Z259.2.1-98 (R2008), Fall Arresters, Vertical Lifelines and Rails;

(c) CSA Standard CSA/CSA Z259.2.2-98 (R2004), Self-Retracting Devices for Personal Fall-Arrest Systems;

(d) CSA Standard CSA Z259.2.3-99 (R2004), Descent Control Devices;

(e) CSA Standard CSA Z259.10-06, Full Body Harnesses;

(f) CSA Standard CSA Z259.11-05, Energy Absorbers and Lanyards;

(g) CSA Standard CAN/CSA-Z259.12-01 (R2006), Connecting Components for Personal Fall Arrest Systems (PFAS);

(h) CSA Standard CSA Z259.13-04, Flexible Horizontal Lifeline Systems; and

(i) CSA Standard CSA Z259.16-04, Design of Active Fall-Protection Systems.

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

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

(a) from being subjected to a peak fall arrest force of more than 8 kN; and

(b) from falling freely for more than 1.2 m.

(5) An employer shall train and instruct every employee required to install or remove a fall-protection system in a work place in the procedures to be followed for the installation or removal of the system.

LOOSE CLOTHING

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

PROTECTION AGAINST MOVING VEHICLES

144. If employees are regularly exposed to the risk of coming into contact with moving vehicles during their work, they shall wear a high visibility vest or other similar clothing, or be protected by a barricade that is readily visible at all times.

PROTECTION AGAINST DROWNING

145. (1) If, in a work place, there is a hazard of drowning, as a result of work activities, other than vessel abandonment drills, the employer shall provide every person granted access to the work place with:

(a) a life jacket or other flotation device that meets the buoyancy standards set out in the Canadian General Standards Board Standard CAN/CGSB 65.7-2007, Life Jackets; or

(b) a safety net or a fall-protection system.

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

(a) emergency equipment shall be provided and held in readiness;

(b) a qualified person to operate all the emergency equipment provided shall be present and ready to intervene;

(c) if appropriate, a vessel shall be provided and held in readiness; and

(d) written emergency procedures, meeting the requirements set out in the regulations made under the Canada Shipping Act, 2001, shall be prepared by the employer.

RECORDS

146. (1) A record of all self-contained breathing apparatus provided by the employer shall be kept by the employer on the vessel on which the breathing apparatus is located for a period of two years after the day on which it ceases to be used.

(2) The record shall contain

(a) a description of the breathing apparatus and the date of its acquisition by the employer;

(b) the date and result of each inspection and test of the breathing apparatus;

(c) the date and nature of any maintenance work performed on the breathing apparatus since its acquisition by the employer; and

(d) the name of the person who performed the inspection, test or maintenance of the breathing apparatus.

TRAINING AND INSTRUCTIONS

147. (1) An employer shall instruct every person granted access to a work place who uses protection equipment in the use of the equipment.

(2) An employer shall train and instruct every employee who uses protection equipment in the use, operation and maintenance of the equipment.

(3) The instructions referred to in subsections (1) and (2) shall be

(a) set out in writing; and

(b) kept by the employer readily available for examination by every person granted access to the work place.

DEFECTIVE PROTECTION EQUIPMENT

148. (1) An employee who finds any defect in protection equipment that may render it unsafe for use shall report the defect to the employer as soon as possible.

(2) An employer shall mark or tag as unsafe and remove from service any protection equipment used by employees that has a defect that may render it unsafe for use.

PART 11

LIGHTING

INTERPRETATION

149. In this Part, “VDT” means a visual display terminal.

APPLICATION

150. (1) This Part does not apply in respect of

(a) the bridge of a vessel;

(b) vessels that do not have confined spaces; or

(c) the exterior deck of a vessel where lighting levels may create a hazard to navigation.

(2) Subject to any special arrangements that may be permitted in passenger vessels, sleeping quarters and mess rooms shall be illuminated by natural light and provided with adequate artificial light.

(3) Emergency lighting shall, in the event of the failure of the main electric lighting, provide sufficient illumination to allow the crew to safely exit from confined spaces and proceed through passageways and stairways to the open deck.

(4) The lighting levels shall meet one of the following standards:

(a) ANSI Standard IES-RP-7–01, American National Standard for Industrial Lighting; or

(b) the standard entitled, Lighting Handbook — Reference and Application, 9th edition, 2000 (IES Handbook) published by the Illuminating Engineering Society of North America.

MEASUREMENTS OF AVERAGE LEVELS OF LIGHTING

151. (1) For the purposes of this Part, the average level of lighting in an area shall be determined by taking four or more measurements at different places in the areas set out below and by dividing the total of the results of the measurements by the number of measurements:

(a) if work is performed at a level higher than the deck, at the level at which the work is performed; and

(b) in any other case, 1 m above the deck.

(2) If the average level of lighting is measured in a dry provision storage room, it shall be measured when the room is empty.

(3) The lighting level measurements shall be carried out by a qualified person.

EMERGENCY LIGHTING SYSTEMS

152. (1) Every vessel shall be equipped with an emergency lighting system that

(a) operates automatically in the event of a failure of the lighting system or if the regular power supply is interrupted;

(b) provides a level of lighting of 5 dalx; and

(c) is inspected, tested and maintained to the prescribed requirements set out in one of the following regulations:

(i) Classed Ships Inspection Regulations, 1988,

(ii) Hull Construction Regulations,

(iii) Small Vessel Regulations, or

(iv) Towboat Crew Accommodation Regulations.

(2) Subsection (1) does not apply in respect of the deck or cargo space of a vessel.

LEVELS OF LIGHTING

153. (1) The level of lighting at any place in an area shall not be less than one third of the average level of lighting prescribed by this Part for the area.

(2) The average level of lighting at a task position or in an area set out in column 1 of table to this subsection shall not be less than the level set out in column 2.

TABLE

AVERAGE LEVELS OF LIGHTING ON VESSELS

WORKING, WALKING AND CLIMBING AREAS

154. Unless otherwise specified all working, walking and climbing areas shall be illuminated to a minimum of 100 lx.

VISUAL DISPLAY TERMINALS

155. (1) The average level of lighting at a task position or in an area set out in column 1 of Table 2 to this Part shall not be more than the level set out in column 2.

TABLE 2

LEVELS OF LIGHTING — VDT WORK

(2) Reflection glare on a VDT screen shall be reduced to the point where an employee at a task position is able to read every portion of any text displayed on the screen and see every portion of the visual display on the screen.

(3) If VDT work requires the reading of a document, supplementary lighting shall be provided where necessary to give a level of lighting of at least 500 lx on the document.

PART 12

PREVENTION OF NOISE AND VIBRATION

APPLICATION

156. In this Part, the following provisions do not apply in respect of vessels constructed before the day on which the MLC 2006 comes into force in Canada:

(a) section 158; and

(b) subsection 159(5).

INTERPRETATION

157. The following definitions apply in this Part.

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

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

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

“sound level meter” means an instrument for measuring levels of sound and impulse sound that meets the standards set out in CSA Standard CAN/CSA-Z107.56-06 entitled, Procedures for the Measurement of Occupational Noise Exposure. (sonomètre)

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

GENERAL

158. (1) Accommodation and recreational and catering facilities be located as far as practicable from the engines, steering gear rooms, deck winches, ventilation, heating and air conditioning equipment and other noisy machinery and apparatus.

(2) Acoustic insulation or other appropriate sound-absorbing materials and self-closing noise-isolating doors for machinery spaces be used in the construction and finishing of bulkheads, deckheads and decks within the sound-producing spaces.

(3) Engine rooms and other machinery spaces be provided, wherever practicable, with soundproof centralized control rooms for engine-room personnel.

(4) Working spaces, such as the machine shop, be insulated, as far as practicable, from the general engine-room noise and measures shall be taken to reduce noise in the operation of machinery.

(5) No accommodation or recreational or catering facilities be exposed to excessive vibration.

LEVELS OF SOUND

159. (1) Subject to subsections (2) to (4), the level of sound in a work place shall be less than 85 dB.

(2) Subject to subsection (3), if it is not reasonably practicable for an employer to maintain the level of sound in the work place at less than 85 dB, no employee shall be exposed in any 24-hour period

(a) to a level of sound set out in column 1 of the table to this Part for a number of hours that is more than the number set out in column 2;

(b) to a number of different levels of sound set out in column 1 of the table to this Part, if the sum of the following quotients is more than one; or

(c) to the number of hours of exposure to each level of sound divided by the maximum number of hours of exposure for that level per 24-hour period set out in column 2 of the table to this Part.

(3) No employee shall be exposed to a continuous level of sound in crew accommodation that is more than 75 dB.

(4) If the level of impulse sound in a work place is more than 140 dB, the employer shall provide every employee entering the work place with a hearing protector that

(a) meets the standards set out in CSA Standard CAN/CSA-Z94.2-02 (R2007), Hearing Protection Devices — Performance, Selection, Care and Use; and

(b) reduces the peak level of impulse sound reaching the employee’s ears to 140 dB or less.

(5) When not specified in this Part, the limits for noise levels for working and living spaces shall comply with the ILO international guidelines on exposure levels, including those in the ILO code of practice entitled, Ambient factors in the workplace, 2001, and if applicable, the specific protection recommended by the IMO, and with any subsequent amending and supplementary instruments for acceptable noise levels on board vessels.

(6) A copy of the applicable documents in English and in French shall be carried on board the vessel and be accessible to seafarers.

TABLE

MAXIMUM EXPOSURE TO LEVELS OF SOUND AT WORK PLACE

HAZARD INVESTIGATION

160. (1) If it is not reasonably practicable for an employer to maintain the exposure of an employee to a level of sound at or below the levels referred to in section 159, the employer shall

(a) appoint a qualified person to carry out an investigation of the degree of exposure;

(b) make a report in writing to the regional health and safety officer at the Transport Canada Marine Safety Office setting out the reasons why the exposure cannot be so maintained;

(c) notify the work place committee or the health and safety representative of the investigation and the name of the person appointed to carry out the investigation; and

(d) provide every employee entering the work place with a hearing protector that

(i) meets the standards set out in CSA Standard CAN/CSA-Z94.2-02 (R2007), Hearing Protection Devices, Performance, Selection, Care and Use, and

(ii) reduces the level of sound reaching the employee’s ears to less than 85 dB.

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

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

(a) the sources of sound in the work place;

(b) the A-weighted sound pressure levels to which the employee is likely to be exposed and the duration of that exposure;

(c) the methods being used to reduce this exposure;

(d) whether the exposure of the employee is likely to be more than the limits prescribed by section 159; and

(e) whether the employee is likely to be exposed to a noise exposure level (Lex,8) equal to or greater than 85 dBA.

(4) On completion of the investigation and after consultation with the work place committee or the health and safety representative, if either exists, the person appointed to carry out the investigation shall set out in a written report signed and dated by the person

(a) observations respecting the matters considered in accordance with subsection (3);

(b) recommendations respecting the measures that be taken in order to comply with section 159; and

(c) recommendations respecting the use of hearing protectors by employees who are exposed to a noise exposure level (Lex,8) equal to or greater than 85 dBA and not greater than 87 dBA.

(5) The report shall be kept by the employer at the work place in respect of which it applies for a period of 10 years after the day on which the report is submitted.

(6) If it is stated in the report that an employee is likely to be exposed to a noise exposure level (Lex,8) equal to or greater than 85 dBA, the employer shall, without delay,

(a) post and keep posted a copy of the report in a conspicuous place in the work place in respect of which it applies; and

(b) provide the employee with written information describing the hazards associated with exposure to high levels of sound.

SOUND LEVEL MEASUREMENT

161. The levels of sound shall be measured by using the slow exponential-time-averaging characteristic and the A-weighting characteristic of a sound level meter.

WARNING SIGNS

162. In a work place where the level of sound is 85 dB or more, the employer shall post signs warning persons entering the work place

(a) that there is a hazardous level of sound in the work place;

(b) if applicable, of the maximum number of hours of exposure determined under subsection 159(2); and

(c) if applicable, of the requirement to wear a hearing protector.

PART 13

WORK PERMIT

ISSUANCE

163. The employer is required to issue a written work permit to a qualified person before the commencement of the following types of work:

(a) work that requires entry into confined spaces;

(b) work on live electrical equipment that cannot be isolated or grounded and that is capable of causing death or serious injury;

(c) work on electrical equipment that is capable of becoming live during that work and that is capable of causing death or serious injury;

(d) hot work, as defined in section 186;

(e) work that requires exposure to hazardous substances beyond the limit referred to subsection 252(1);

(f) any other work that presents a hazard that is capable of causing death or serious injury and that has been identified under section 121; and

(g) any other work that presents a hazard that is capable of causing death or serious injury and that has not previously been identified under section 121.

CONTENTS

164. The work permit shall contain the following information:

(a) the name of the individual who issues the permit;

(b) the name of the qualified person to whom it is issued;

(c) the periods during which the permit is valid;

(d) the type of work to be performed and its location; and

(e) assessment of conditions related to the hazard of performing the work, and instructions arising from those conditions, including

(i) the work procedures to be followed,

(ii) the identification of equipment that is to be locked out in accordance with CSA Standard CAN/CSA-Z460-05, Control of Hazardous Energy — Lockout and Other Methods,

(iii) a description of any safety tests to be performed before the work is performed, during the performance of the work and following the completion of the work,

(iv) the specification of the particulars of the tags or signs to be used, if any,

(v) the specification of the protection equipment to be used, if any,

(vi) in the case of an emergency, the procedures to be followed,

(vii) a description of the specific space, work or electrical equipment to which the instructions apply, and

(viii) the identification of any other work permit that may affect the procedures to be followed.

REQUIREMENTS

165. (1) The work permit shall be signed by the employer and explained to and signed by the qualified person.

(2) The work permit shall be kept readily available for examination by employees for the period in which the work is being performed and after that period it shall be kept by the employer for a period of two years after the day on which the work is completed at the place of business nearest to the work place in which the work is completed.

(3) Work authorized under a work permit may only be performed after the equipment has been locked out in accordance with the standard referred to in subparagraph 164(e)(ii).

PART 14

CONFINED SPACES

INTERPRETATION

166. The following definitions apply in this Part.

“lower explosive limit” means the lower limit of flammability of gas, vapour or dust or any combination of them at ambient temperature and pressure. For gases and vapours, the lower explosive limit is expressed as a percentage in air by volume. For dust, the lower explosive limit is expressed as weight of dust per volume of air. (limite inférieure d’explosivité)

“ventilation equipment” means a fan, blower, induced draft or other ventilation device used to force a supply of fresh, respirable atmospheric air into an enclosed space or to move ambient air from that space. (matériel de ventilation)

GENERAL

167. No person shall enter a confined space without a work permit issued under section 163.

168. (1) Before authorizing a person to enter a confined space, the employer shall ensure that all of the requirements of this Part are met.

(2) The written report referred to in subsection 169(3) shall be kept by the employer on the vessel on which the confined space is located for a period of two years after the day on which the marine chemist or other qualified person signs the report.

ASSESSMENT OF CONDITION

169. (1) Before authorizing a person to enter a confined space on a vessel, the employer shall appoint a qualified person to

(a) carry out an assessment of any hazardous substance in the confined space; and

(b) specify the necessary tests to determine whether employees are likely to be exposed to the hazard.

(2) The assessment shall, at a minimum, verify that the following requirements are respected:

(a) the concentration of any chemical agent to which the person is likely to be exposed in the confined space is not more than the value or level referred to in subsection 252(1), or the percentage referred to in subsection 252(5);

(b) the concentration of airborne hazardous substances, other than chemical agents, in the confined space is not hazardous to the health or safety of the person;

(c) the percentage of oxygen in the atmosphere in the confined space is not less than 19.5 per cent by volume and not more than 23 per cent by volume at normal atmospheric pressure and in any case the partial pressure of oxygen is not less than 135 mm Hg; and

(d) the value, level or percentage referred to in paragraphs (a) to (c) can be maintained during the period of proposed occupancy of the confined space by the person.

(3) The qualified person shall, in a written report signed by that person, set out the following information:

(a) the name of the vessel on which the confined space is located;

(b) the location of the confined space on the vessel;

(c) a record of the results of the assessment made in accordance with subsection (2);

(d) an evaluation of the hazards of the confined space;

(e) if the employer has established procedures to be followed by a person entering into, exiting from or occupying the confined space, which of those procedures are applicable;

(f) if the employer has not established procedures referred to in paragraph (e), the procedures to be followed by the person referred to in that paragraph;

(g) the protection equipment referred to in Part 10 that is to be used by every person granted access to the confined space; and

(h) if the employer has established emergency procedures to be followed in the event of an accident or other emergency in or near the confined space, which of the procedures are to be followed, including immediate evacuation of the confined space when

(i) an alarm is activated, or

(ii) there is any significant change in the value, level or percentage referred to in subsection (2).

ADDITIONAL REQUIREMENTS FOR THE ISSUANCE OF A WORK PERMIT

170. (1) In addition to the requirements set out in section 165, before an employer issues a work permit under section 163, the employer shall

(a) obtain a written report referred in subsection 169(3) from a qualified person;

(b) ensure that any liquid in which a person may drown or any free-flowing solid in which a person may become entrapped has been removed from the confined space;

(c) ensure that the entry of any liquid, free-flowing solid or hazardous substance into the confined space has been prevented by a secure means of disconnection or the fitting of blank flanges;

(d) ensure that all electrical equipment and mechanical equipment that presents a hazard to a person entering into, exiting from or occupying the confined space has been disconnected from its power source and locked out in accordance with the standard referred to in subparagraph 164(e)(ii);

(e) ensure that the opening for entry into and exit from the confined space is sufficient in size to allow safe passage of a person who is using protection equipment; and

(f) establish an entry control system.

(2) The written report referred to in subsection 169(3) and any procedures identified in the report shall be explained to a person who is about to enter into the confined space, other than the marine chemist or other qualified person, that they have read the report and that the report and the procedures were explained to them.

(3) If conditions in the confined space or the nature of the work to be performed in the confined space are such that any of paragraphs 169(2)(a) to (c) or 170(1)(b) to (e) cannot be complied with, the employer shall develop procedures and methods in accordance with sections 121 and 122 and must at a minimum ensure that

(a) a qualified person is

(i) in attendance outside the confined space,

(ii) in communication with the person inside the confined space, and

(iii) provided with a suitable alarm device for summoning assistance;

(b) each person granted access to the confined space shall wear a safety harness that is securely attached to a lifeline that is attached to a secure anchor outside the confined space and is controlled by the qualified person;

(c) two or more employees, which may include the qualified person, are in the immediate vicinity of the confined space to assist in the event of an accident or other emergency; and

(d) one of the employees referred to in paragraph (c) is

(i) trained in the emergency procedures referred to in paragraph 169(3)(h),

(ii) the holder of a first aid certificate, and

(iii) provided with the protection equipment referred to in paragraph 169(3)(g) and any emergency equipment required by the procedures established by the employer under paragraph 169(3) (h).

(4) Before a confined space is sealed, the person in charge of the area surrounding the confined space shall ascertain that no person is inside the confined space.

VENTILATION EQUIPMENT

171. (1) If a hazardous substance may be produced by the work to be performed,

(a) the confined space shall be ventilated in accordance with subsection (2); or

(b) each person granted access to the confined space shall use a respiratory protective device or breathing apparatus referred to in section 140.

(2) If an airborne hazardous substance or oxygen in the atmosphere in a confined space is maintained at the value, level or percentage referred to in subsection 169(2) by the use of ventilation equipment, no person shall be granted access to the confined space unless

(a) the ventilation equipment is

(i) equipped with an alarm that will, if the equipment fails, be activated automatically and be audible or visible to any person in the confined space, or

(ii) monitored by an employee who is in constant attendance at the equipment and in communication with any person in the confined space; and

(b) in the event of failure of the ventilation equipment, sufficient time will be available for the person to escape from the confined space before

(i) their exposure to or the concentration of a hazardous substance in the confined space is more than the value, level or percentage prescribed in paragraphs 169(2)(a) or (b), and

(ii) the percentage of oxygen in the atmosphere ceases to meet the requirements of paragraph 169(2)(c).

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

PART 15

ELECTRICAL SAFETY

INTERPRETATION

172. The following definitions apply in this Part.

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

“direct supervision” means on-site, in-view observation and guidance by a qualified person while an employee performs an assigned task. (supervision immédiate)

“guarantor” means a person who gives a guarantee of isolation. (garant)

“guarded” means covered, shielded, fenced, enclosed or otherwise protected by means of suitable covers or casing, barriers, guardrails, screens, mats or platforms to remove the possibility of dangerous contact or approach by persons or objects. (protegé)

“person in charge” means a qualified person who supervises employees performing work on or a live test of isolated electrical equipment. (responsable)

SAFETY PROCEDURES

173. (1) All testing or work performed on electrical equipment shall be performed by a person in charge or an employee under the direct supervision of a person in charge.

(2) Before authorizing a person to test or perform work on electrical equipment, the employer shall ensure that a work permit referred in section 163 has been obtained.

(3) If there is a possibility that the person in charge or the employee may receive a hazardous electrical shock during the performance of their testing or work,

(a) the person in charge or the employee shall use insulated protection equipment and tools that will protect them from injury; and

(b) the employee shall be trained and instructed in the use of the insulated protection equipment and tools.

(4) Subject to subsection (5), if an employee is working on or near electrical equipment that is live or may become live, the electrical equipment shall be guarded.

(5) If it is not practicable for the electrical equipment to be guarded, the employer shall take measures to protect the employee from injury by insulating the equipment from the employee or the employee from ground.

SAFETY WATCHER

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

(a) to warn all employees in the work place of the hazard; and

(b) to ensure that all safety precautions and procedures are complied with.

(2) Safety watchers shall be

(a) informed of their duties as safety watchers and of the hazard involved in the work;

(b) trained and instructed in the procedures to follow in the event of an emergency;

(c) authorized to stop immediately any part of the work that they consider dangerous; and

(d) free of any other duties that might interfere with their duties as safety watchers.

(3) For the purposes of subsection (1), an employer may appoint itself as a safety watcher.

COORDINATION OF WORK

175. If an employee is working on or in connection with electrical equipment, that employee and every other person who is so working, including every safety watcher, shall be fully informed by the employer with respect to the safe coordination of their work.

SWITCHES AND CONTROL DEVICES

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

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

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

(4) Control switches for all electrically operated machinery shall be clearly marked to indicate the switch positions.

DEFECTIVE ELECTRICAL EQUIPMENT

177. Defective electrical equipment shall be disconnected from its power source by a means other than the control switch and notices shall be placed on the equipment and at the control switch to indicate that the equipment is defective.

ELECTRICAL FUSES

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

(2) No employee shall replace missing or burnt-out fuses unless authorized to do so by a person in charge.

POWER SUPPLY CABLES

179. (1) Power supply cables for portable electrical equipment shall be placed clear of areas used for vehicles unless the cables are protected by guards.

(2) A three-wire power supply cable on electrical equipment or appliances shall not be altered or changed for the purpose of connecting the equipment or appliances on a two-wire power supply.

GROUNDED ELECTRICAL EQUIPMENT

180. Grounded electrical equipment and appliances shall be used only when connected to a matching grounded electrical outlet receptacle.

ADDITIONAL REQUIREMENT FOR THE ISSUANCE OF A WORK PERMIT

181. In addition to the requirements set out in section 165, before an employer issues a work permit for electrical equipment under section 163, the employer shall provide a guarantee of isolation in respect of each source of electrical energy.

GUARANTEES OF ISOLATION OF ELECTRICAL EQUIPMENT

182. (1) No employee shall give or receive a guarantee of isolation for electrical equipment unless they are authorized in writing by their employer to give or receive a guarantee of isolation.

(2) Not more than one employee shall give a guarantee of isolation for a piece of electrical equipment for the same period.

(3) Before an employer issues a work permit the person in charge shall receive from the guarantor

(a) a written guarantee of isolation; or

(b) if owing to an emergency it is not practicable for the person in charge to receive a written guarantee of isolation, a non-written guarantee of isolation.

(4) The written guarantee of isolation referred to in paragraph (3)(a) shall be signed by the guarantor and by the person in charge and shall contain the following information:

(a) the date and hour when the guarantee of isolation is given to the person in charge;

(b) the date and hour when the electrical equipment will become isolated;

(c) the date and hour when the isolation will be terminated, if known;

(d) the procedures by which isolation is assured;

(e) the name of the guarantor and the person in charge; and

(f) a statement as to whether live tests are to be performed.

(5) If a non-written guarantee of isolation referred to in paragraph (3)(b) is given, a written record of the guarantee shall as soon as possible be made by the guarantor and signed by the person in charge.

(6) A written record shall contain the information referred to in subsection (4).

(7) Every written guarantee of isolation and every written record shall be

(a) kept by the person in charge readily available for examination by the employee performing the work or live test until the work or live test is completed;

(b) given to the employer when the work or live test is completed; and

(c) kept by the employer for a period of one year after the completion of the work or live test at his place of business nearest to the work place in which the electrical equipment is located.

(8) If a written guarantee of isolation or a written record of an oral guarantee of isolation is given to a person in charge and the person in charge is replaced at the work place by another person in charge before the guarantee has terminated, the other person in charge shall sign the written guarantee of isolation or written record of the oral guarantee of isolation.

(9) Before an employee gives a guarantee of isolation for electrical equipment that obtains all or any portion of its electrical energy from a source that is not under the employee’s direct control, the employee shall obtain a guarantee of isolation in respect of the source from the person who is in direct control of the source and is authorized to give the guarantee in respect of that source.

LIVE TEST

183. (1) No employee shall give a guarantee of isolation for the performance of a live test on isolated electrical equipment unless

(a) any other guarantee of isolation given in respect of the electrical equipment for any part of the period for which the guarantee of isolation is given is terminated;

(b) every person to whom the other guarantee of isolation referred to in paragraph (a) was given has been informed of its termination; and

(c) any live test to be performed on the electrical equipment will not be hazardous to the health or safety of the person performing the live test.

(2) Every person performing a live test shall warn all persons who, during or as a result of the test, are likely to be exposed to a hazard.

TERMINATION OF THE GUARANTEE OF ISOLATION

184. (1) Every person in charge shall, when working on a live test or when a live test of isolated electrical equipment is completed,

(a) inform the guarantor of it; and

(b) make and sign a record in writing containing the date and hour when they so informed the guarantor and the name of the guarantor.

(2) On receipt of the information referred to in subsection (1), the guarantor shall make and sign a record in writing containing

(a) the date and hour when the work or live test was completed; and

(b) the name of the person in charge.

(3) The records referred to in subsections (1) and (2) shall be kept by the employer for a period of one year after the day on which they are signed at the employer’s place of business nearest to the work place in which the electrical equipment is located.

SAFETY GROUNDING

185. (1) No employees shall attach a safety ground to electrical equipment unless they have tested the electrical equipment and have established that it is isolated.

(2) Subsection (1) does not apply in respect of electrical equipment that is grounded by means of a grounding switch that is an integral part of the equipment.

(3) Subject to subsection (4), no work shall be performed on any electrical equipment, unless the equipment is connected to a common grounding network, in an area in which is located

(a) a grounding bus;

(b) a station grounding network;

(c) a neutral conductor;

(d) temporary phase grounding; or

(e) a metal structure.

(4) If, after the connections are made, a safety ground is required to ensure the safety of an employee working on the electrical equipment, the safety ground shall be connected to the common grounding network.

(5) Every conducting part of a safety ground on isolated electrical equipment shall have sufficient current carrying capacity to conduct the maximum current that is likely to be carried on any part of the equipment for the time that is necessary to permit operation of any device that is installed on the electrical equipment so that, in the event of a short circuit or other electrical current overload, the electrical equipment is automatically disconnected from its source of electrical energy.

(6) No safety ground shall be attached to or disconnected from isolated electrical equipment except in accordance with the following requirements:

(a) the safety ground shall, to the extent that is practicable, be attached to the pole, structure, apparatus or other thing to which the electrical equipment is attached;

(b) all isolated conductors, neutral conductors and non-insulated surfaces of the electrical equipment shall be short-circuited, electrically bonded together and attached by a safety ground to a point of safety grounding in a manner that establishes equal voltage on all surfaces that can be touched by persons who work on the electrical equipment;

(c) the safety ground shall be attached by means of mechanical clamps that are tightened securely and are in direct contact with bare metal;

(d) the safety ground shall be secured so that none of its parts can accidentally make contact with any live electrical equipment;

(e) the safety ground shall be attached and disconnected using insulated protection equipment and tools;

(f) the safety ground shall, before it is attached to isolated electrical equipment, be attached to a point of safety grounding; and

(g) the safety ground shall, before it is disconnected from the point of safety grounding, be removed from the isolated electrical equipment in a manner that the employee avoids contact with all live conductors.

(7) For the purposes of subsection (6), a “point of safety grounding” means a grounding bus, a station grounding network, a neutral conductor, a metal structure or an aerial ground.

PART 16

HOT WORK OPERATIONS

DEFINITION

186. In this Part, “hot work” means all work involving sources of ignition or temperatures sufficiently high to cause the ignition of a fire.

GENERAL

187. If hot work is to be performed

(a) a qualified person shall patrol the working area and the adjoining areas and maintain a fire protection watch of the area for the duration of the work and for a period of 30 minutes after the work is completed; and

(b) a sufficient number of fire extinguishers shall be provided in the working area and the adjoining areas.

188. (1) Hot work shall not be performed in a working area where

(a) inflammable gas, vapour or dust may be present in the atmosphere, unless the area has been freed of gas, tested by a marine chemist or other qualified person, and found to be safe for that work to be performed in the area;

(b) an explosive or inflammable substance may be present in the working area, unless a qualified person has ensured that adequate protection exists to permit that work to be safely performed in the area; and

(c) the area is a tank that has previously contained petroleum or petroleum products.

(2) Hot work may be performed in a tank that is found to be safe for the work to be performed in it by a qualified person who has had at least three years of experience of which a minimum of 150 working hours has been acquired under supervision in the testing and inspection of those tanks.

189. (1) Electrical welding equipment cables and gas welding or burning equipment cylinders and pipes shall be placed clear of areas used for vehicles unless adequate protection for the cables, cylinders and pipes is provided.

(2) Gas cylinders of welding and burning equipment shall be placed securely in an upright position when in use.

190. Before equipment used for hot work is left unattended, the person in charge of the working area shall ensure that the equipment is in a safe condition.

VENTILATION EQUIPMENT

191. If a hazardous substance may be produced as a result of hot work in a working area,

(a) the working area shall be well ventilated; or

(b) any person in the working area shall wear a respiratory protective device.

192. (1) The concentration of any chemical agent to which a person is likely to be exposed in a working area shall not be more than

(a) the value referred to in subsection 252(1); or

(b) the percentage referred to in subsection 252(5).

(2) The concentration in a working area of airborne hazardous substances, other than chemical agents, shall not be hazardous to the health or safety of the person.

193. The percentage of oxygen in the atmosphere in a working area shall not be less than 19.5 per cent or more than 23 per cent by volume at normal atmospheric pressure and in no case shall the partial pressure of oxygen be less than 135 mm Hg.

194. (1) If ventilation equipment is used to maintain the concentration of an airborne hazardous substance below or at the value or percentage referred to in section 192 or the percentage of oxygen in the air of a confined space within the limits referred to in section 193, the employer shall not grant any person access to the working area, unless

(a) the ventilation equipment is

(i) equipped with an alarm that will, if the equipment fails, be activated automatically and be audible or visible to any person in the working area, or

(ii) monitored by an employee who is in constant attendance at the equipment; and

(b) in the event of a failure of the ventilation equipment, sufficient time will be available for a person to escape from the working area before

(i) that person’s exposure to or the concentration of a hazardous substance in the working area is more than the value or percentage prescribed in section 192, or

(ii) the percentage of oxygen in the atmosphere ceases to meet the requirements of section 193.

(2) The employee referred to in subparagraph (1)(a)(ii) shall activate an alarm in the event of faulty operation of the ventilation equipment.

PART 17

BOILERS AND PRESSURE VESSELS

APPLICATION

195. This Part does not apply in respect of

(a) a heating boiler that has a wetted heating surface of 3 m² or less;

(b) a pressure vessel that has a capacity of 40 l or less;

(c) a pressure vessel that is installed for use at a pressure of one atmosphere of pressure or less;

(d) a pressure vessel that has an internal diameter of 152 mm or less;

(e) a pressure vessel that has an internal diameter of 610 mm or less and that is used to store hot water;

(f) a pressure vessel that has an internal diameter of 610 mm or less connected to a water pumping system and that contains compressed air which serves as a cushion;

(g) a hydropneumatic tank that has an internal diameter of 610 mm or less; or

(h) a refrigeration plant that has a capacity of 18 kW or less.

CONSTRUCTION, INSTALLATION AND INSPECTION

196. An employer shall ensure that every boiler, pressure vessel and pressure piping system used in a work place shall, to the extent reasonably practicable, meet the requirements set out in the Marine Machinery Regulations.

USE, OPERATION AND MAINTENANCE

197. An employer shall ensure that a qualified person, charged with the operation of a boiler, is in attendance and readily available at all times while the boiler is in operation.

PART 18

TOOLS AND MACHINERY

INTEPRETATION

198. The following definitions apply in this Part.

“explosive actuated fastening tool” means a tool that, by means of an explosive force, propels or discharges a fastener for the purpose of impinging it on, affixing it to or causing it to penetrate another object or material. (pistolet de scellement à cartouches explosives)

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

APPLICATION

199. This Part applies to machines, tools and guards.

DESIGN, CONSTRUCTION AND OPERATION OF TOOLS

200. (1) The exterior surface of any tool used by an employee in a fire hazard area shall be made of non-sparking material.

(2) All portable electric tools used by employees shall meet the CSA Standard CAN/CSA-C22.2 No. 71.1-M89, (R2004) Portable Electric Tools.

(3) All portable electric tools used by employees shall be grounded except when the tools

(a) are powered by a self-contained battery;

(b) have a protective system of double insulation; or

(c) are used in a location where reliable grounding cannot be obtained if the tools are supplied from a double insulated portable ground fault circuit interrupter of the class A type that meets the standards set out in CSA Standard CAN/CSA-C22.2 No. 144-M91, (R2006) Ground Fault Circuit Interrupters.

(4) All portable electric tools used by employees in a fire hazard area shall be marked as appropriate for use or designed for use in a fire hazard area.

(5) If an air hose is connected to a portable air-powered tool used by an employee, a restraining device shall be attached

(a) to all hose connections; and

(b) if an employee may be injured by the tool falling, to the tool.

(6) All explosive actuated fastening tools used by employees shall meet and be operated in accordance with the standards set out in CSA Standard Z166-1975, Explosive Actuated Fastening Tools.

(7) No employee shall operate an explosive actuated fastening tool unless authorized to do so by their employer.

(8) All chain saws used by employees shall meet the standards set out in CSA Standard CAN/CSA-Z62.1-03, (R2008) Chain Saws.

DEFECTIVE TOOLS AND MACHINERY

201. (1) If an employee finds any defect in a tool or machine that may render it unsafe for use, the employee shall report the defect to the employer as soon as possible.

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

(3) No person shall perform repair or maintenance work on a defective tool or machinery without a work permit issued under section 163.

TRAINING AND INSTRUCTIONS

202. (1) Every employee shall be trained and instructed by a qualified person in the safe and proper inspection, maintenance and use of all tools and machines that they are required to use.

(2) An employer shall maintain a manual of operating instructions for each type of portable electric tool, portable air-powered tool, explosive actuated fastening tool and machine used by employees and that manual shall be kept by the employer readily available for examination by employees who are required to use the tool or machine to which the manual applies.

GENERAL REQUIREMENTS FOR PROTECTIVE GUARDS

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

(a) prevents the employee or any part of their body from coming into contact with the parts or material;

(b) prevents access by the employee to the area of exposure to the material or parts that constitute a hazard during the operation of the machine; or

(c) makes the machine inoperative if the employee or any part of their clothing is in or near a part of the machine that is likely to cause injury.

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

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

(4) Equipment used in the mechanical transmission of power shall meet the requirements set out in ANSI Standard ANSI B15.1-2000, (R2008) Safety Standard for Mechanical Power Transmission Apparatus.

USE, OPERATION, REPAIR AND MAINTENANCE OF MACHINES

204. (1) Machines shall be operated, maintained and repaired by a qualified person.

(2) Subject to subsection (3), if a machine guard is installed on a machine, no person shall use or operate the machine unless the machine guard is in its proper position, except to permit the removal of an injured person from the machine.

(3) Subject to subsection (4), if it is necessary to remove a machine guard from a machine in order to perform repair or maintenance work on the machine, no person shall perform the repair or maintenance work unless the machine has been rendered inoperative.

(4) If it is not reasonably practicable to render the machine inoperative, the work may be performed if the employer has established procedures and methods in accordance with section 121 and 122.

ABRASIVE WHEELS

205. (1) Abrasive wheels shall be

(a) used only on machines equipped with machine guards;

(b) mounted between flanges; and

(c) operated in accordance with sections 4 to 6 of CSA Standard B173.5–1979, Safety Requirements for the Use, Care and Protection of Abrasive Wheels.

(2) A bench grinder shall be equipped with a work rest or other device that

(a) prevents the work piece from jamming between the abrasive wheel and the wheel guard; and

(b) does not make contact with the abrasive wheel at any time.

PART 19

MATERIALS HANDLING AND STORAGE

DIVISION 1

GENERAL

Interpretation

206. The following definitions apply in this Part.

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

“National Fire Code” means the National Fire Code of Canada, 2005, issued by the Associate Committee on the National Fire Code, National Research Council of Canada. (Code national de prévention des incendies)

“operator” means a person who controls the operation of motorized or manual materials handling equipment and who has received or is receiving instruction and training in respect of the procedures referred to in subsections 225(1) or (3), as the case may be. (opérateur)

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

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

Application

207. This Part does not apply to or in respect of the inspection and certification of tackle used in the loading or unloading of vessels.

DIVISION 2

DESIGN AND CONSTRUCTION

General

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

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

Protection from Falling Objects

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

(2) The protective structure shall be

(a) constructed from non-combustible or fire resistant material; and

(b) designed to permit quick exit from the materials handling equipment in an emergency.

(3) If, during the loading or unloading of materials handling equipment, the load will pass over the operator’s position, or any other person working below the load, the operator shall not occupy the materials handling equipment unless it is equipped with a protective structure referred to in subsection (1).

Protection from Overturning

210. (1) If materials handling equipment is used in circumstances in which it may turn over, it shall be fitted with a rollover protection device that meets the requirements set out in CSA Standard B352.0-95, (R2006) Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial and Mining Machines — Part 1: General Requirements.

(2) Guards shall be installed on the deck of every vessel and on every other elevated working area on which materials handling equipment is used to prevent the equipment from falling over the sides of the deck or area.

(3) No load shall be left suspended from any lifting machinery unless a qualified person is present and in charge of the machinery while the load is left suspended.

Fuel Tanks

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

(a) located or protected so that under all conditions it is not hazardous to the health or safety of an employee who is required to operate or ride on the materials handling equipment; and

(b) connected to fuel overflow and vent pipes that are located so that fuel spills and vapours cannot

(i) be ignited by hot exhaust pipes or other hot or sparking parts, or

(ii) be hazardous to the health or safety of any employee who is required to operate or ride on the materials handling equipment.

Operator’s Compartment

212. (1) Materials handling equipment that is regularly used outdoors shall be fitted with a weatherproof compartment with climate controls that will protect the operator from work-related exposures and weather conditions that are likely to be hazardous to their health or safety.

(2) If heat produced by materials handling equipment may raise the temperature in the operator’s compartment or position to 27°C or more, the compartment or position shall be protected from the heat by an insulated barrier.

Controls

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

Fire Extinguishers

214. (1) Materials handling equipment that is used or operated for transporting or handling combustible or flammable substances shall be equipped with a dry chemical fire extinguisher.

(2) The fire extinguisher shall

(a) have not less than an A B C rating as defined in the National Fire Code;

(b) meet the standards set out in section 6.2 of that Code; and

(c) be located so that it is easy to reach by the operator of the materials handling equipment while they are in the operating position.

Means of Entering and Exiting

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

Lighting

216. If materials handling equipment is used or operated by an employee in a work place at night or at any time when the level of lighting within the work place is less than 1 dalx, the materials handling equipment shall be

(a) fitted with warning lights on its front and rear that are visible from a distance of not less than 100 m; and

(b) provided with lighting that ensures the safe operation of the equipment under all conditions of use.

Control Systems

217. All materials handling equipment shall be fitted with braking, steering and other control systems that

(a) are capable of safely controlling and stopping the movement of the materials handling equipment and any hoist, bucket or other part of the materials handling equipment; and

(b) respond reliably and quickly to moderate effort by the operator.

Warnings

218. (1) Motorized materials handling equipment that is used in an area occupied by employees and that travels

(a) forward at speeds in excess of 8 km/h shall be fitted with a horn or other similar audible warning device; and

(b) subject to subsection (2), shall be fitted with a horn or other similar audible warning device that automatically operates while it travels in reverse.

(2) If an audible warning device referred to in paragraph (1)(b) cannot be clearly heard above the noise of the motorized materials handling equipment and any surrounding noise, does not allow enough time for a person to avoid the danger in question or does not otherwise provide adequate warning, other visual, audible or tactile warning devices or methods shall be used so that adequate warning is provided.

Seat Belts

219. If materials handling equipment is used under conditions where a seat belt or er strap type restraining device is likely to contribute to the safety of the operator or passengers, the materials handling equipment shall be fitted with the belt or device.

Rear View Mirror

220. If materials handling equipment cannot be operated safely in reverse unless it is equipped with an outside rear view mirror, the materials handling equipment shall be so equipped.

Electric Materials Handling Equipment

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

Automatic Materials Handling Equipment

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

Conveyors

223. (1) The design, construction, installation, operation and maintenance of each conveyor, cableway or other similar materials handling equipment shall meet the standards set out in ANSI Standard ASME B20.1-2006, Safety Standard for Conveyors and Related Equipment.

(2) Before a conveyer is put in operation the employer must ensure that guards or other devices are installed in areas where there is a risk to the health and safety of a person.

(3) No person shall perform repair or maintenance work on any part of a conveyor without a work permit issued under section 163.

DIVISION 3

MAINTENANCE, OPERATION AND USE

Inspection, Testing and Maintenance

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

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

(3) The inspection, testing and maintenance of all materials handling equipment shall be performed by a qualified person.

(4) The qualified person shall

(a) comply with the instructions referred to in subsection (1); and

(b) make and sign a report of each inspection, test or maintenance work performed by them.

(5) The report referred to in paragraph (4)(b) shall

(a) include the date of the inspection, test or maintenance performed by the qualified person;

(b) identify the materials handling equipment that was inspected, tested or maintained; and

(c) set out the safety observations of the qualified person inspecting, testing or maintaining the materials handling equipment.

(6) The employer shall keep, on every vessel on which the materials handling equipment is located a copy of

(a) the instructions referred to in subsection (1) for as long as the materials handling equipment is in use; and

(b) the report referred to in paragraph (4)(b) for a period of two years after the day on which the report is signed.

Operator Training and Instructions

225. (1) The employer shall train and instruct every operator of materials handling equipment in the procedures to be followed for

(a) the inspection of the equipment;

(b) the safe and proper use of the equipment; and

(c) the fuelling of the equipment, if applicable.

(2) Subsection (1) does not apply to an operator who, under the direct supervision of a qualified person, is being trained and instructed to use motorized materials handling equipment or in matters referred to in that subsection.

(3) An employer shall ensure that every operator of manual materials handling equipment receives on-the-job training by a qualified person on the procedures to be followed for

(a) the inspection of the equipment; and

(b) the safe and proper use of the equipment, in accordance with any manufacturer’s instructions and taking into account the condition of the work place in which the operator will operate that equipment and the operator’s physical capabilities.

(4) Every employer shall keep a written or computerized record of any training or instruction referred to in subsection (1) given to an operator of materials handling equipment for as long as the operator remains in their employ.

Operation

226. (1) No employer shall require an employee to operate materials handling equipment unless the employee is an operator who is capable of operating the equipment safely.

(2) No person shall operate materials handling equipment unless

(a) they have a clear and unobstructed view of the area in which the equipment is being operated; or

(b) they are directed by a signaller.

(3) No materials handling equipment shall be used on a gangway with a slope greater than the maximum slope recommended by the manufacturer of the equipment.

(4) No person shall leave materials handling equipment unattended unless the equipment has been properly secured to prevent it from moving.

(5) Every employer shall establish a code of signals for the purposes of paragraph (2)(b) and shall

(a) instruct every signaller and operator of materials handling equipment employed by them in the use of the code; and

(b) keep a copy of the code in a place where it is readily available for examination by the signallers and operators.

(6) No signaller shall perform duties other than signalling while any materials handling equipment under their direction is in motion.

(7) If it is not practicable for a signaller to use visual signals, a telephone, radio or other signalling device shall be provided by the employer for the use of the signaller.

Repairs

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

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

Loading, Unloading and Maintenance While in Motion

228. (1) No materials, goods or things shall be picked up from or placed on any materials handling equipment while the equipment is in motion unless the equipment is specifically designed for that purpose.

(2) Except in the case of an emergency, no employee shall get on or off of any materials handling equipment while it is in motion.

(3) Subject to subsection (4), no repair, maintenance or cleaning work shall be performed on any materials handling equipment while the materials handling equipment is being operated.

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

Positioning the Load

229. (1) If materials handling equipment is travelling with a raised or suspended load on a vessel, the operator of the equipment shall ensure that the load is carried as close to the deck as the situation permits and in no case shall the load be carried at a point above the centre of gravity of the loaded materials handling equipment.

(2) If tools, tool boxes or spare parts are carried on materials handling equipment, they shall be securely stored.

Housekeeping

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

Parking

231. No materials handling equipment shall be parked in a passageway, doorway or other place where it may interfere with the safe movement of persons, materials, goods or things.

Materials Handling Area

232. (1) In this section, “materials handling area” means an area within which materials handling equipment or other materials handling equipment with wide swinging booms or other similar parts may create a hazard to any person.

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

(3) No person shall enter a materials handling area while operations are in progress unless that person

(a) is a health and safety officer;

(b) is an employee whose presence in the materials handling area is essential to the conduct, supervision or safety of the operations; or

(c) is a person who has been assigned by the employer to be in the materials handling area while operations are in progress.

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

Dumping

233. (1) If materials handling equipment designed for dumping is used to discharge a load at the edge of a sudden drop in level that may cause the materials handling equipment to tip, a bumping block shall be used or a signaller shall give directions to the operator of the equipment to prevent the materials handling equipment from falling over the edge.

(2) Every employer who wishes to use signals to direct the movement of motorized materials handling equipment shall establish a single code of signals to be used by signallers in all of the employer’s work places.

(3) A signal to stop given in an emergency by any person granted access to the work place by the employer shall be obeyed by the operator.

(4) No signaller shall perform duties other than signalling while the motorized materials handling equipment under the signaller’s direction is in operation.

(5) If any movement of motorized materials handling equipment that is directed by a signaller poses a risk to the safety of any person, the signaller shall not give the signal to move until that person is warned of, or protected from, the risk.

(6) If the operator of any motorized materials handling equipment does not understand a signal, the operator shall consider that signal to be a stop signal.

(7) If the use of visual signals by a signaller will not be an effective means of communication, the employer shall provide the signaller and the operator with a telephone, radio or other audible signalling device.

Gradients

234. No employee shall operate and no employer shall permit an employee to operate motorized materials handling equipment on a gangway with a gradient in excess of the lesser of

(a) the gradient that is recommended as safe by the manufacturer of the motorized materials handling equipment, whether it is loaded or unloaded, as the case may be, and

(b) the gradient that a qualified person ascertains is safe, having regard to the mechanical condition of the motorized materials handling equipment and its load and traction.

Enclosed Working Areas

235. (1) Every enclosed working area in which materials handling equipment powered by an internal combustion engine is used shall be ventilated in a manner that the carbon monoxide concentration in the atmosphere of the working area is not more than the threshold limit values as set out by the American Conference of Governmental Industrial Hygienists in its publication entitled, 2009 Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs).

(2) The employer shall keep a record of the date, time, location and results of carbon monoxide tests for every enclosed working area in which materials handling equipment powered by an internal combustion engine is used.

(3) The records shall be available for inspection for a period of at least 30 days after the day on which the record was created.

Fuelling

236. (1) If materials handling equipment is fuelled on a vessel, the fuelling shall be done in accordance with the instructions given by the employer under paragraph 225(1)(c) in a place where the vapours from the fuel are readily dissipated.

(2) Subject to subsection (3), no employee shall fuel materials handling equipment

(a) in the hold of a vessel;

(b) if the engine of the equipment is running; or

(c) if there is any source of ignition in the vicinity of the equipment.

(3) Materials handling equipment may be fuelled in the hold or an enclosed space of a vessel if

(a) one employee is in the hold or space with a suitable fire extinguisher ready for use;

(b) only those employees engaged in the fuelling and the employee referred to in paragraph (a) are in the hold or space;

(c) only the minimum quantity of fuel needed to fill the fuel tank of the materials handling equipment is taken into the hold or space at one time;

(d) if the fuel is liquified gas, the materials handling equipment is fuelled only by the replacement of spent cylinders; and

(e) fuel is not transferred into containers other than the fuel tank of the materials handling equipment.

Safe Working Loads

237. (1) No materials handling equipment shall be used or operated with a load that is in excess of its safe working load.

(2) Subject to subsections (3) and (4), the safe working load of materials handling equipment shall be clearly marked on the equipment or on a label securely attached to a permanent part of the equipment in a position where the mark or label can be easily read by the operator of the equipment.

(3) If derricks are certified for and marked with a safe working load for operation in union purchase, the load lifted when in union purchase shall not be in excess of that safe working load.

(4) When derricks are operated in union purchase and they are not certified and marked in accordance with subsection (2)

(a) the load lifted shall not be in excess of one-half of the safe working load of the derrick with the smaller capacity;

(b) the angle formed by the cargo runners shall not be more than 120°; and

(c) the attachments and fittings of the cargo runners, guys wire and preventers shall be suitable for the loads to which they are subjected.

Clearances

238. (1) On any route that is regularly travelled by materials handling equipment, the overhead and side clearances shall be adequate to permit the materials handling equipment and its load to be manoeuvred safely by an operator.

(2) No materials handling equipment shall be operated in an area in which it may contact an electrical cable, pipeline or other overhead hazard known to the employer, unless the operator has been

(a) warned of the presence of the hazard;

(b) informed of the location of the hazard; and

(c) informed of the safety clearance that must be maintained with respect to the hazard in order to avoid accidental contact with it.

DIVISION 4

MANUAL HANDLING OF MATERIALS

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

(2) If an employee is required to manually lift or carry a load in excess of 10 kg, the employer shall train and instruct the employee

(a) in a safe method of lifting and carrying the load; and

(b) in a work procedure appropriate to the employee’s physical condition and the conditions of the work place.

PART 20

HAZARDOUS SUBSTANCES

DIVISION 1

GENERAL

Interpretation

240. The following definitions apply in this Part.

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

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

(a) for a gas or vapour, as a percentage in air by volume; and

(b) for dust, as the weight of dust per volume of air. (limite explosive inférieure)

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

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

Application

241. This Part does not apply to the transportation or handling of dangerous goods to which the Transportation of Dangerous Goods Act, 1992 and its regulations apply.

Hazard Investigation

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

(a) appoint a marine chemist or other qualified person to carry out an investigation; and

(b) notify the work place committee or the health and safety representative, if any, of the proposed investigation and of the name of the person appointed to carry out that investigation.

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

(a) the chemical, biological and physical properties of the hazardous substance;

(b) the routes of exposure to the hazardous substance;

(c) the effects on health of exposure to the hazardous substance;

(d) the state, concentration and quantity of the hazardous substance handled;

(e) the manner in which the hazardous substance is handled;

(f) the control methods used to eliminate or reduce exposure to the hazardous substance;

(g) the value, level or percentage of the hazardous substance to which an employee is likely to be exposed; and

(h) whether the value, level or percentage referred to in paragraph (g) is likely to

(i) be more than that prescribed in sections 193 or 252, or

(ii) be less than that prescribed in section 193.

(3) On completion of the investigation referred to in subsection (1) and after consultation with the work place committee or the health and safety representative, if any, the marine chemist or other qualified person shall set out in a written report signed by that person

(a) the person’s observations respecting the criteria considered in accordance with subsection (2); and

(b) the person’s recommendations respecting the manner of compliance with sections 243 to 255.

(4) The employer shall keep the report for a period of 30 years after the day on which the marine chemist or other qualified person signed the report.

Substitution of Substances

243. No person shall use a hazardous substance for any purpose in a work place if it is reasonably practicable to substitute it with a substance that is not a hazardous substance or a substance that is less hazardous.

244. If the health of employees working in a work place is likely to be endangered by skin contact with a hazardous substance, the employer shall provide a wash area with wash basins supplied with hot and cold water.

Ventilation

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

(a) if the airborne hazardous substance is a chemical agent, the concentration of the substance is not more than the values and limits prescribed in subsection 252(1); and

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

Warnings

246. If reasonably practicable, automated warning and detection systems shall be provided by the employer if the seriousness of any possible exposure to a hazardous substance warrants the use of those systems.

Storage, Handling and Use

247. (1) Every hazardous substance stored, handled or used in a work place shall be stored, handled or used in a manner that the hazard related to that substance is reduced to a minimum.

(2) Subject to subsection (5), if a hazardous substance is stored, handled or used in a work place, any hazard resulting from that storage, handling or use shall be confined to as small an area as practicable.

(3) Every container for a hazardous substance that is used in a work place shall be designed and constructed so that it protects the employees from any health or safety hazard that is created by the hazardous substance.

(4) The quantity of a hazardous substance used or processed in a work place shall, to the extent that is practicable, be kept to the minimum quantity required.

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

Warning of Hazardous Substances

248. If a hazardous substance is stored, handled or used in a work place, signs shall be posted in conspicuous places warning every person granted access to the work place of the presence of the hazardous substance and of any precautions to be taken to prevent or reduce any hazard of injury to health.

Assembly of Pipes

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

(a) labelled to identify the hazardous substance transferred by it; and

(b) fitted with valves and other control and safety devices to facilitate its safe operation, maintenance and repair.

Employee Education

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

(2) The employee education program shall include

(a) instructions issued to each employee who handles or is exposed to or is likely to handle or be exposed to a hazardous substance with respect to

(i) the product identifier of the hazardous substance,

(ii) all hazard information disclosed by the supplier of the hazardous substance or by the employer on a material safety data sheet or label,

(iii) all hazard information of which the employer is aware or ought reasonably to be aware,

(iv) the observations referred to in paragraph 242(3)(a),

(v) the information disclosed on the material safety data sheet referred to in subsections 255(2) and 260(1) and the purpose and significance of that information, and

(vi) in respect of controlled products on a vessel, the information required to be disclosed on a material safety data sheet and on a label in accordance with sections 259, 260 or 262 and the purposes and significance of that information;

(b) the training and instruction of each employee who is charged with operating, maintaining or repairing an assembly of pipes referred to in section 249 with respect to

(i) every valve and other control and safety device connected to the assembly of pipes, and

(ii) the procedures to follow for the proper and safe use of the assembly of pipes;

(c) the training and instruction of each employee referred to in paragraphs (a) and (b) with respect to:

(i) the procedures to follow to implement the requirements of subsections 247(1), (2) and (5), and

(ii) the procedures to follow for the safe storage, handling, use and disposal of hazardous substances, including procedures to be followed in an emergency involving a hazardous substance; and

(d) if the employer makes a machine-readable version of a material safety data sheet available in accordance with subsections 255(2) and 260(1), the training of each employee in accessing that material safety data sheet.

(3) Every employer shall, in consultation with the work place committee or the health and safety representative, if any, review the employee education program at least once a year and revise it

(a) whenever there is a change in conditions in respect of the hazardous substances in the work place; and

(b) whenever new hazard information in respect of a hazardous substance in the work place becomes available to the employer.

(4) A written or computerized record of the employee education program and training received by each employee shall be kept by the employer

(a) readily available for examination by the employee; and

(b) for 10 years after the day on which employee ceases to

(i) handle or be exposed to the hazardous substance or be likely to handle or be exposed to the hazardous substance, or

(ii) operate, maintain or repair the assembly of pipes.

Medical Examinations

251. (1) If the report referred to in subsection 242(3) contains a recommendation for a medical examination, the employer may consult a physician regarding that recommendation.

(2) If the employer consults a physician under subsection (1) and the physician confirms the recommendation for a medical examination, or if an employer does not consult a physician, the employer shall not permit an employee to work with the hazardous substance in the work place until a physician, acceptable to the employee, has examined the employee and declared the employee fit for work with the hazardous substance.

(3) If an employer consults a physician under subsection (1), the employer shall keep a copy of the decision of the physician with the report.

(4) The cost of a medical examination referred to in subsection (2) shall be borne by the employer.

Control of Hazards

252. (1) No employee shall be exposed to a concentration of

(a) an airborne chemical agent, other than grain dust or airborne chrysotile asbestos, in excess of the value for that chemical agent adopted by the American Conference of Governmental Industrial Hygienists in its publication entitled, 2009 Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs);

(b) airborne grain dust, respirable and non-respirable, in excess of 10 mg/m³;

(c) airborne chrysotile asbestos of more than one fibre per cm³; or

(d) an airborne hazardous substance, other than a chemical agent, that is hazardous to the health and safety of the employee.

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

(a) the standards set out by the United States National Institute for Occupational Health and Safety in the 5^th edition of NIOSH Manual of Analytical Methods;

(b) a method set out in the United States Federal Register, volume 40, number 33, dated February 18, 1975 as amended by volume 41, number 53, dated March 17, 1976;

(c) a method that collects and analyses a representative sample of the chemical agent with accuracy and with detection levels at least equal to those which would be obtained if the standards referred to in paragraph (a) were used; or

(d) if no specific standards for the chemical agent are listed in the standards referred to in paragraph (a) and no method is available under paragraph (b) or (c), a scientifically proven method used to collect and analyse a representative sample of the chemical agent.

(3) A written or computerized record of each test made under subsection (2) shall be kept by the employer on the vessel if the concentration was sampled for a period of three years after the day on which the test was made.

(4) A record shall include

(a) the date, time and location of the test;

(b) the chemical agent for which the test was made;

(c) the sampling and testing method used;

(d) the result obtained; and

(e) the name and occupation of the qualified person who made the test.

(5) Subject to subsection (6), the concentration of an airborne chemical agent or combination of airborne chemical agents in a work place shall be less than 50 per cent of the lower explosive limit of the chemical agent or combination of chemical agents.

(6) If a source of ignition may ignite the concentration of an airborne chemical agent or combination of airborne chemical agents in a work place, that concentration shall not exceed 10 per cent of the lower explosive limit of the chemical agent or combination of chemical agents.

253. (1) Compressed air, gas or steam shall not be used for blowing dust or other substances from structures, machinery or materials if:

(a) there is a risk of any person being directly exposed to the jet or if a fire, explosion, injury or health hazard is likely to result from such use; or

(b) that use would result in a concentration of an airborne hazardous substance in excess of the values referred to in paragraph 252(1)(a) or the limits referred to in subsections 252(5) and (6).

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

(a) asbestos; or

(b) a hazardous substance having an exposure limit referred to in paragraph 252(1)(a) or (b) lower than 1 mg/m³.

(3) If compressed air is used to clean clothing,

(a) appropriate eye protection shall be worn; and

(b) the maximum compressed air pressure in the line shall be 69 kPa or a safety nozzle limiting the air pressure to no more than 69 kPa shall be used.

(4) Compressed air shall be used in a manner that the air is not directed forcibly against any person.

Explosives

254. All blasting using dynamite, blasting caps or other explosives shall be done by a qualified person who, if required under the laws of the province in which the blasting is carried out, holds a blasting certificate or any other authorization that may be required under those laws.

DIVISION 2

HAZARDOUS SUBSTANCES OTHER THAN CONTROLLED PRODUCTS

Identification

255. (1) Every container of a hazardous substance, other than a controlled product, that is stored, handled, used or disposed of on a vessel shall be labelled in a manner that discloses clearly

(a) the name of the substance;

(b) the hazardous properties of the substance; and

(c) the manner in which the product can be safely disposed.

(2) If a material safety data sheet pertaining to a hazardous substance, other than a controlled product, that is stored, handled or used on a vessel may be obtained from the supplier of the hazardous substance, the employer shall

(a) obtain a copy of the material safety data sheet; and

(b) keep a copy of a material safety data sheet readily available in the work place for examination by employees.

DIVISION 3

CONTROLLED PRODUCTS

Interpretation

256. The following definitions apply in this Division.

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

(a) a tank with a water capacity of more than 454 l;

(b) a freight container or portable tank; or

(c) a road vehicle, railway vehicle or vessel. (expédition en vrac)

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

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

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

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

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

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

“work place material safety data sheet” means, in respect of a controlled product, a material safety data sheet prepared by an employer pursuant to section 260. (fiche signalétique du lieu de travail)

Application

257. This Division does not apply in respect of any

(a) employees employed in the loading or unloading of vessels not registered in Canada, other than employees employed on uncommissioned vessels of Her Majesty in right of Canada;

(b) wood or wood products;

(c) tobacco or tobacco products;

(d) manufactured articles; or

(e) hazardous waste, other than hazardous waste referred to in section 269.

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

258. Subject to section 268, every employer shall comply with the same requirements as those set out in subsection 255(1) in respect of a controlled product and may, in doing so, replace the name of the substance with the product identifier, if the controlled product is one that

(a) is present on a vessel;

(b) was received from a supplier; and

(c) is one of the following:

(i) an explosive as defined in the Explosives Act,

(ii) a cosmetic, device, drug or food as defined in the Food and Drugs Act,

(iii) a control product within the meaning of the Pest Control Products Act,

(iv) a prescribed substance within the meaning of the Nuclear Energy Act,

(v) a product, material or substance included in Part II of Schedule I to the Hazardous Products Act that is packaged as a consumer product, and

(vi) a controlled product that was received in a foreign port from a supplier in a foreign country for use on the vessel.

Supplier Material Safety Data Sheet

259. (1) If a controlled product, other than a controlled product referred to in paragraph 258(c), is received by an employer on a vessel, the employer shall, at the time the controlled product is received, obtain from the supplier of the controlled product a supplier material safety data sheet, unless the employer has in their possession a supplier material safety data sheet that

(a) is for a controlled product that has the same product identifier;

(b) discloses information that is current at the time that the controlled product is received; and

(c) was prepared and dated not more than three years before the date that the controlled product is received.

(2) If there is a controlled product on a vessel and the supplier material safety data sheet pertaining to the controlled product is three years old, the employer shall, if possible, obtain from the supplier an up-to-date supplier material safety data sheet.

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

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

(a) originates from a laboratory supply house;

(b) is intended for use in the laboratory;

(c) is packaged in a container in a quantity of less than 10 kg; and

(d) is packaged in a container that has applied to it a supplier label.

Work Place Material Safety Data Sheet

260. (1) Subject to section 268, if an employer produces on a vessel a controlled product other than a fugitive emission, the employer shall prepare a work place material safety data sheet in respect of the controlled product that discloses the information required to be disclosed by

(a) subparagraphs 125.1(e)(i) to (v) of the Act; and

(b) the Controlled Products Regulations.

(2) Subject to section 268, if an employer receives a supplier material safety data sheet, the employer may prepare a work place material safety data sheet to be used on a vessel in place of the supplier material safety data sheet if

(a) the work place material safety data sheet discloses at least the information disclosed on the supplier material safety data sheet;

(b) the information disclosed on the work place material safety data sheet does not disclaim or contradict the information disclosed on the supplier material safety data sheet;

(c) the supplier material safety data sheet is available for examination by employees on the vessel; and

(d) the work place material safety data sheet discloses that the supplier material safety data sheet is available on the vessel.

(3) The employer shall update the work place material safety data sheet

(a) as soon as is practicable in the circumstances but not later than 90 days after the day on which the new hazard information becomes available to the employer; and

(b) at least once every three years.

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

Availability of Material Safety Data Sheets

261. (1) Subject to subsection (2), every employer, other than an employer referred to in subsection 259(4) , shall keep readily available for examination on a vessel on which an employee may handle or be exposed to a controlled product a copy in English and in French of

(a) in the case of an employer who is an employer referred to in subsection 260(1) or (2), the work place material safety data sheet; and

(b) in any other case, the supplier material safety data sheet.

(2) An employer may make a computerized version of the material safety data sheet available in English and in French for examination by employees and by the work place committee or the health and safety representative, as the case may be, by means of a computer terminal if the employer

(a) takes all reasonable steps to keep the terminal in working order;

(b) provides the training referred to in paragraph 250(2)(d) to the employees and to the work place committee or the health and safety representative, as the case may be; and

(c) on the request of an employee, the work place committee or the health and safety representative, as the case may be, makes the material safety data sheet readily available to the employee, the work place committee or the health and safety representative.

Labels

262. (1) Subject to sections 263 to 265, each controlled product, other than a controlled product referred to in paragraph 258(c), on a vessel that is intended for use on the vessel and each container in which the controlled product is contained on a vessel shall, if the controlled product or the container was received from a supplier, have applied to it a supplier label.

(2) Subject to sections 263 to 265 and 268, if a controlled product, other than a controlled product referred to in paragraph 258(c), is received from a supplier and an employer places the controlled product on a vessel in a container, other than the container in which it was received from the supplier, the employer shall apply to the container a supplier label or a work place label that discloses the information referred to in paragraphs 267(a) to (c).

(3) Subject to sections 262 to 264, if an employer produces on a vessel a controlled product, other than a fugitive emission, and the controlled product is not in a container, the employer shall disclose the following information on a work place label applied to the controlled product or on a sign posted in a conspicuous place in the work place:

(a) the product identifier;

(b) hazard information in respect of the controlled product; and

(c) a statement indicating that a work place material safety data sheet for the controlled product is available on the vessel.

(4) Subject to sections 263 to 265, if an employer produces on a vessel a controlled product, other than a fugitive emission, and places the controlled product in a container, the employer shall apply a work place label to the container that discloses the information referred to in paragraphs (3)(a) to (c).

(5) Subject to sections 263 and 267, no person shall remove, deface, modify or alter the supplier label applied to

(a) a controlled product that is on a vessel; or

(b) a container of a controlled product that is on a vessel.

Portable Containers

263. If an employer stores a controlled product on a vessel in a container that has applied to it a supplier label or a work place label, a portable container filled from that container does not have to be labelled in accordance with section 262 if

(a) the controlled product is required for immediate use; or

(b) the following conditions apply in respect of the controlled product:

(i) it is under the control of and used exclusively by the employee who filled the portable container,

(ii) it is used only during the work shift in which the portable container was filled, and

(iii) it is clearly identified by a work place label applied to the portable container that discloses the product identifier.

Special Cases

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

(a) in a process, reaction or storage vessel;

(b) in a continuous-run container;

(c) a bulk shipment that is not placed in a container on the vessel; or

(d) not in a container and stored in bulk.

Laboratories

265. The label of the container of a controlled product in a laboratory on a vessel shall disclose

(a) if the controlled product is used exclusively in the laboratory, the product identifier;

(b) if the controlled product is a mixture or substance undergoing an analysis, test or evaluation in the laboratory, the product identifier; and

(c) if the controlled product originates from a laboratory supply house and was received in a container containing a quantity of less than 10 kg, the following information:

(i) the product identifier,

(ii) if a material safety data sheet is available, a statement to that effect,

(iii) risk phrases that are appropriate to the controlled product,

(iv) precautionary measures to be followed when handling, using or being exposed to the controlled product, and

(v) if appropriate, first aid measures to be taken in case of exposure to the controlled product.

Signs

266. The information disclosed on a sign referred to in subsection 262(3), section 264 or paragraph 269(b) shall be of a size that is clearly legible to the employees in the work place.

Replacing Labels

267. If, on a vessel, a label applied to a controlled product or a container of a controlled product becomes illegible or is removed from the controlled product or the container, the employer shall replace the label with a work place label that discloses the following information:

(a) the product identifier;

(b) hazard information in respect of the controlled product; and

(c) a statement indicating that a material safety data sheet for the controlled product is available on the vessel.

Exemptions from Disclosure

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

(a) if there is no final disposition of the proceedings in relation to the claim, the date that the claim for exemption was filed and the registry number assigned to the claim under the Hazardous Materials Information Review Act; and

(b) if the final disposition of the proceedings in relation to the claim is that the claim is valid, a statement that an exemption has been granted and the date on which the exemption was granted.

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

Hazardous Waste

269. If a controlled product on a vessel is hazardous waste, the employer shall clearly identify it as hazardous waste by

(a) applying a label to the hazardous waste or its container; or

(b) posting a sign in a conspicuous place near the hazardous waste or its container.

Information Required in a Medical Emergency

270. For the purposes of subsection 125.2(1) of the Act, a medical professional is a nurse registered or licensed under the laws of a province.

PART 21

HAZARDOUS OCCURRENCE RECORDING AND REPORTING

INTERPRETATION

271. In this Part “minor injury” means an employment injury or an occupational disease for which first aid or medical treatment is provided, other than a disabling injury.

EMPLOYEE REPORT

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

INVESTIGATION

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

(a) appoint a qualified person to conduct an investigation of the hazardous occurrence;

(b) notify the work place committee or the health and safety representative, if either exists, of the hazardous occurrence and of the name of the person appointed to investigate it; and

(c) take necessary measures to prevent a recurrence of the hazardous occurrence.

IMMEDIATE REPORT TO HEALTH AND SAFETY OFFICER

274. The employer shall report to a health and safety officer employed with the Transport Canada Marine Safety Office the date, time, location and nature of any accident, occupational disease or other hazardous occurrence referred to in section 272 that has one of the following results, as soon as possible but not later than 24 hours after becoming aware of that result:

(a) the death of an employee;

(b) a missing employee;

(c) a disabling injury to two or more employees;

(d) the loss of consciousness by an employee as a result of an electric shock, a toxic atmosphere or an oxygen-deficient atmosphere;

(e) the loss by an employee of a body member or a part of one or the complete loss of the usefulness of a body member or a part of one;

(f) the permanent impairment of an employee’s body function;

(g) a fire or an explosion;

(h) damage to a boiler or pressure vessel that results in fire or the rupture of the boiler or pressure vessel;

(i) damage to an persons transfer apparatus that renders it unserviceable, or a free fall of an persons transfer apparatus; or

(j) work place violence.

MINOR INJURY RECORD

275. (1) Every employer shall keep a record of each minor injury of which the employer is aware that affects an employee in the course of employment.

(2) The record shall contain

(a) the date, time and location of the occurrence that resulted in the minor injury;

(b) the name of the employee affected;

(c) a brief description of the minor injury;

(d) the causes of the minor injury; and

(e) a description of the first aid or medical treatment given to the employee, if applicable.

WRITTEN REPORT

276. (1) If the investigation referred to in section 273 discloses that a hazardous occurrence resulted in the death of an employee, a missing employee, a disabling injury to an employee or the loss of consciousness by an employee as a result of electric shock or a toxic or oxygen-deficient atmosphere, the employer shall prepare a report in writing including the following information:

(a) the type of result of the hazardous occurrence;

(b) the employer’s name, mailing address and telephone number;

(c) the location, date and time of the hazardous occurrence;

(d) the weather conditions at the time of the hazardous occurrence;

(e) the names of any witnesses to the hazardous occurrence;

(f) the supervisor’s name;

(g) the name of the vessel and its official number or ID Number;

(h) a description of what happened;

(i) a description and estimated cost of property damage, if any;

(j) for each injured employee, the employee’s name, date of birth, sex, years of experience in the occupation, a description of the injury, whether the employee was evacuated and the dir-ect cause of the injury;

(k) the training in accident prevention given to each injured employee in relation to the duties the employee performed at the time of the hazardous occurrence;

(l) the direct causes of the hazardous occurrence;

(m) any corrective action taken or to be taken and the date of its implementation;

(n) the supplementary preventive measures taken or to be taken;

(o) the name of the person investigating the hazardous occurrence, their title, telephone number, signature and the date of their signature; and

(p) the name of the work place committee member or health and safety representative who participated in the investigation of the hazardous occurrence, their title, telephone number, signature and the date of their signature.

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

(a) within 30 days after the date of the hazardous occurrence, to a health and safety officer employed with the Transport Canada Marine Safety Office and to the Canadian Transportation Accident Investigation and Safety Board; and

(b) without delay, to the work place committee or health and safety representative, if either exists.

ANNUAL REPORT

277. (1) Every employer shall, not later than March 1 in each year, submit to the Minister a written report that sets out the number of accidents, instances of occupational disease and other hazardous occurrences of which the employer is aware that have affected any employee in the course of employment during the 12-month period ending on December 31 of the preceding year.

(2) The report shall be in the form set out in the table to this Part and shall contain the information required by that form.

TABLE

EMPLOYER’S ANNUAL HAZARDOUS OCCURRENCE INVESTIGATION REPORT

RETENTION OF REPORTS AND RECORDS

278. Every employer shall keep a copy of each report and record referred to in this Part for a period of 10 years after the day on which they are made.

REPEAL

279. The Marine Occupational Safety and Health Regulations are hereby repealed.

COMING INTO FORCE

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

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