Vol. 148, No. 13 — June 18, 2014

Registration

SOR/2014-141 May 29, 2014

CANADA LABOUR CODE

Regulations Amending the Oil and Gas Occupational Safety and Health Regulations (Miscellaneous Program)

P.C. 2014-627 May 29, 2014

His Excellency the Governor General in Council, on the recommendation of the Minister of Labour, the Minister of Natural Resources and the Minister of Indian Affairs and Northern Development, pursuant to sections 125 (see footnote a) and 157 (see footnote b) of the Canada Labour Code (see footnote c), makes the annexed Regulations Amending the Oil and Gas Occupational Safety and Health Regulations (Miscellaneous Program).

REGULATIONS AMENDING THE OIL AND GAS OCCUPATIONAL SAFETY AND HEALTH REGULATIONS (MISCELLANEOUS PROGRAM)

AMENDMENTS

1. Section 3.11 of the Oil and Gas Occupational Safety and Health Regulations (see footnote 1) is replaced by the following:

3.11. (1) Subject to subsection (2), if there is a hazard that tools or other objects may fall from a platform or other raised area onto an employee, the employer shall, to the extent possible, install

(2) If it is not possible to install a toe board on a platform or other raised area, all tools or other objects that could fall shall be

2. Section 6.7 of the French version of the Regulations and the heading before it are replaced by the following:

RÉSERVOIR SOUS PRESSION ENFOUI

6.7 Avant de procéder au remblayage d’un réservoir sous pression enfoui, un avis est donné à l’agent régional de sécurité.

3. Section 11.3 of the Regulations is replaced by the following:

11.3 (1) If there is a likelihood that the safety or health of an employee in a work place is or may be endangered by exposure to a hazardous substance, by insufficient lighting or excessive sound level, the employer shall, without delay,

(2) In the investigation referred to in subsection (1), the following criteria shall be taken into consideration:

4. Section 11.7 of the Regulations is replaced by the following:

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

5. Section 11.23 of the Regulations is replaced by the following:

11.23 (1) No employee shall be exposed to a concentration of

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

(3) A record of each test made in accordance with subsection (2) shall be kept for two years after the date of the test by the employer at the employer’s place of business that is nearest to the work place where the air was sampled.

(4) The record referred to in subsection (3) shall include

6. Section 11.25 of the Regulations is replaced by the following:

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

(2) The use of compressed air shall not result in a concentration of a hazardous substance in the atmosphere in excess of the limit for the hazardous substance referred to in subsection 11.23(1).

7. Section 12.2 of the Regulations is replaced by the following:

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

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

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

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

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

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

8. Section 12.6 of the Regulations is replaced by the following:

12.6 (1) If a hazardous substance is likely to be produced by hot work in a confined space,

(2) If the requirements set out in subsection 12.2(1) have been maintained with the use of ventilation equipment, no person shall be granted access to the confined space unless

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

9. Section 15.44 of the Regulations is replaced by the following:

15.44 Every enclosed work place in which materials handling equipment that is powered by an internal combustion engine is used shall be ventilated in such a manner that the carbon monoxide concentration in the atmosphere of the work place does not exceed the limit prescribed in section 11.23.

10. Section 17.3 of the Regulations is replaced by the following:

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

11. Subsection 17.4(1) of the Regulations is replaced by the following:

17.4 (1) When there are not more than five employees normally working in a work place, other than an isolated work place, a first aid attendant shall be available.

12. Subsection 17.6(1) of the Regulations is replaced by the following:

17.6 (1) In addition to the requirements of section 17.5, when there are more than 30 employees and fewer than 61 employees normally working in an isolated work place

13. Section 17.8 of the Regulations is replaced by the following:

17.8 A first aid attendant referred to in subsection 17.4(2), section 17.5 or 17.6 or paragraph 17.7(a) shall not be assigned duties that will interfere with the prompt and adequate rendering of first aid and shall

14. The French version of the Regulations is amended by replacing “hasardeuse” and “hasardeuses” with “dangereuse” and “dangereuses”, respectively, in the following provisions:

15. The French version of the Regulations is amended by replacing “appareil sous pression” and “appareils sous pression” with “réservoir sous pression” and “réservoirs sous pression”, respectively, with any necessary modifications, in the following provisions:

16. Schedule I to Part XVI of the Regulations is replaced by the Schedule I set out in the schedule to these Regulations.

COMING INTO FORCE

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

SCHEDULE
(Section 16)

SCHEDULE I
(Subsection 16.4(3))

HAZARDOUS OCCURRENCE INVESTIGATION REPORT

Employment and Social Development Canada

HAZARDOUS OCCURRENCE INVESTIGATION REPORT
1. Type of occurrence 2. Department file no.
box Explosion

box Disabling injury

box Other
box Loss of consciousness

box Emergency procedure
_________________
Specify
 
Regional or district office
Employer ID no.
3. Employer’s name and mailing address Postal code
  Telephone number
Site of hazardous occurrence Date and time of hazardous occurrence
  Weather
Supervisor’s name
Witnesses Operator
Identification of drilling rig, drilling unit, production facility or support craft
4. Description of hazardous occurrence
Brief description and estimated cost of property damage Operation in progress
5. Injured employee’s name (if applicable) Age Sex
Occupation Years of experience in occupation
Description of injury
Was training in accident prevention previously given to injured employee in relation to duties performed at the time of the hazardous occurrence?
box Yes box No Specify
6. Direct causes of hazardous occurrences
7. Corrective measures and the date on which employer will implement them
Reasons for not taking corrective measures
Supplementary preventive measures
8. Name of person investigating Signature Date
Title Telephone number
9. Work place committee’s or health and safety representative’s comments
Work place committee member’s or health and safety representative’s name Signature Date
Title Telephone number

Lab 369 (O&G) (rev. 2013–06–001)

COPIES 1 & 2 to Health and Safety Officer, COPY 3 to the Work Place Committee or Health and Safety Representative, COPY 4 to the Employer

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the regulations.)

Issues

The Standing Joint Committee for the Scrutiny of Regulations (SJCSR) has identified several discrepancies between the French and English versions of the Oil and Gas Occupational Safety and Health Regulations (OGOSHR) and the Canada Occupational Health and Safety Regulations (COHSR), as well as instances where the language of certain provisions may be unclear, and may lead to misinterpretation by stakeholders.

In addition, after review, it appears that the OGOSHR and the COHSR contain other linguistic ambiguities that do not meet current drafting guidelines. Finally, in the OGOSHR an erroneous reference to a section was noted.

Background

OGOSHR

The OGOSHR were originally promulgated in 1987. The OGOSHR set health and safety standards for employees employed on or in connection with exploration or drilling for, or the production, conservation, processing or transportation of, oil or gas in frontier lands, as defined in the Canada Petroleum Resources Act.

Amendments to the OGOSHR were made in 1994 to address issues raised by the SJCSR. The amendments addressed most of their concerns. However, 11 issues remained outstanding. Three of the issues were resolved in 1996 in correspondence between the Labour Program of Employment and Social Development Canada (previously Human Resources and Skills Development Canada) and the SJCSR, and amendments to address the last two issues are currently under development.

Part II of the COHSR

Part II of the COHSR prescribes standards to be met for permanent structures (e.g. buildings). Amendments were introduced to Part II of the COHSR in 2011 to address a number of issues raised by the SJCSR, one of which was related to the employer’s control over the building and the Heating Ventilation and Air Conditioning (HVAC) system. While the amendments addressed all issues identified by the SJCSR, an ambiguity was introduced in section 2.20 of the English version of the COHSR.

Part V of the COHSR

Part V of the COHSR prescribes requirements to be followed with respect to boilers and pressure vessels. In 2003, the SJCSR identified five issues with Part V, most of which dealt with discrepancies between the French and English versions of the COHSR. In 2009, the COHSR were amended to address these issues. However, one of the concerns of the Committee was inadvertently omitted.

Part XVI of the COHSR

Part XVI of the COHSR provides rules governing first aid. In 2003, the SJCSR identified a number of inconsistencies between the French and English version in Part XVI.

Objectives

The objectives of the Regulations Amending the Oil and Gas Occupational Safety and Health Regulations (Miscellaneous Program) and the Regulations Amending the Canada Occupational Health and Safety Regulations (Miscellaneous Program) are to

Description

OGOSHR

The amendments to the OGOSHR address six of the issues raised by the SJCSR in 1994:

The amendments to the OGOSHR also address an erroneous reference in the paragraph 11.3(2)(g). The reference to section 11.24 is removed as this paragraph addresses concentrations of hazardous substances which is a health and safety issue, and is incorrectly linked to section 11.24 that refers to explosive limits.

Part II of the COHSR

The amendments will fix an ambiguity that was introduced in the COHSR in 2011. The French version of the COHSR clearly states that the employer must have control of the workplace but not the HVAC system for sections 2.21 to 2.24 to apply. The English version of section 2.20 will be amended to reflect this condition as was the Labour Program’s intent when the Regulations were developed.

Part V of the COHSR

The amendments will fix a discrepancy between the French and English versions surrounding the terms “vapour” and “steam” in English and “vapeur” in French. As it currently stands, the term “vapeur” is used as an equivalent to both “vapour” and “steam.” This becomes problematic when the English version only refers to one of “vapour” or “steam” and the French version still uses “vapeur.” To address this issue, the French version will be amended to render “steam” as “vapeur d’eau.”

Part XVI of the COHSR

The amendments will fix discrepancies between the French and English version surrounding the term “readily available.”

Miscellaneous amendments to both OGOSHR and COHSR

Finally, amendments to the OGOHSR and COHSR will simplify the text, avoid repetition and streamline the text of the regulations in accordance with current drafting guidelines.

“One-for-One” Rule

The “One-for-One” Rule does not apply to the amendments, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply to the amendments, as there is no change in costs to small business.

Consultation

As the amendments are considered to be editorial in nature, it was determined that formal consultations were not necessary.

Rationale

The amendments correct inconsistencies between French and English versions of the OGOSHR and the COHSR, correct unclear language to ensure that legal obligations are well understood and correct ambiguities and reduce the risk of misinterpretation for stakeholders. The proposed amendments are editorial in nature, do not change the intent or application of the regulations, and do not result in impacts or costs for stakeholders.

Implementation, enforcement and service standards

The amendments are editorial in nature, and do not make any substantive changes to any of the provisions identified. No incremental implementation or enforcement activities are anticipated.

Contact

Doris Berthiaume
Senior Policy Analyst
Occupational Health and Safety Policy Unit
Labour Program
Employment and Social Development Canada
165 De l’Hôtel-de-Ville Street, 10th Floor
Gatineau, Quebec
K1A 0J2
Telephone: 819-654-4445
Fax: 819-953-1743
Email: doris.berthiaume@labour-travail.gc.ca