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Vol. 144, No. 13 — June 23, 2010

Registration

SOR/2010-120 June 3, 2010

CANADA LABOUR CODE

P.C. 2010-707 June 3, 2010

Her Excellency the Governor General in Council, on the recommendation of the Minister of Labour and the Minister of Transport, pursuant to section 157 (see footnote a) of the Canada Labour Code (see footnote b), hereby makes the annexed Maritime Occupational Health and Safety Regulations.

MARITIME OCCUPATIONAL HEALTH AND
SAFETY REGULATIONS

PART 1

GENERAL

INTERPRETATION

1. The following definitions apply in these Regulations.

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

“ANSI” means the American National Standards Institute. (ANSI)

“approved organization” means an organization that is approved by the Minister under section 16.12 of the Canada Occupational Health and Safety Regulations for the teaching of first aid. (organisme agréé)

“confined space” means an enclosed or partially enclosed space that

(a) is not designed or intended for human occupancy, except for the purpose of performing work;

(b) has restricted means of access and egress; and

(c) may become hazardous to any person entering it owing to

(i) its design, construction, location or atmosphere,

(ii) the materials or substances in it, or

(iii) any other conditions relating to it. (espace clos)

“crew accommodation” means living, eating, recreational or sleeping quarters provided by an employer for the accommodation of employees on a vessel. (logement de l’équipage)

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

“day vessel” means a vessel that is not equipped with adequate accommodation to provide rest for employees. (bâtiment de jour)

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

(a) prevents an employee from reporting for work or from effectively performing all the duties connected with their regular work on any day after the day on which the injury or disease occurred, whether or not that later day was a work day for that employee;

(b) results in an employee’s loss of a body member or part of one or in the complete loss of the usefulness of a body member or part of one; or

(c) results in the permanent impairment of a body function of an employee. (blessure invalidante)

“electrical equipment” means equipment for the generation, distribution or use of electricity. (outillage électrique)

“first aid certificate” means the certificate issued by or with the authority of an approved organization for successful completion of a two-day first aid course. (certificat de secourisme)

“gross tonnage” means the volume of a vessel as determined by a tonnage measurer or calculated in accordance with the regulations made under paragraph 77(h) of the Canada Shipping Act, 2001. (jauge brute)

“ILO” means the International Labour Organization. (OIT)

“IMO” means the International Maritime Organization. (OMI)

“inland voyage” means a voyage on the inland waters of Canada together with any part of any lake or river forming part of the inland waters of Canada that lies within the United States or a voyage on Lake Michigan. (voyage en eaux internes)

“inland waters of Canada” means all the rivers, lakes and other navigable fresh waters within Canada, and includes the St. Lawrence River as far seawards as a straight line drawn

(a) from Cap-des-Rosiers to West Point, Anticosti Island; and

(b) from Anticosti Island to the north shore of the St. Lawrence River along the meridian of longitude 63°W. (eaux internes du Canada)

“international voyage” means a voyage between a place in Canada and a place not in Canada or between places not in Canada. (voyage international)

“isolation” means separation or disconnection from every source of energy that is capable of making equipment dangerous. (isolation)

“lock out” means placement of a lock on equipment, machines or energy-isolating devices in accordance with an established procedure, to indicate that the equipment, machines or devices are not to be operated until the lock is removed in accordance with an established procedure. (cadenasser)

“marine chemist” means a qualified person who

(a) is a graduate of a post-secondary education institution who

(i) has successfully completed courses in chemical engineering,

(ii) has successfully completed a general program with a major in chemistry, or

(iii) is a member of the Chemical Institute of Canada; and

(b) has at least three years experience in chemical or engineering work, after the person has satisfied the requirements of paragraph (a), of which a minimum of 150 working hours were spent under proper supervision in work on board a vessel involving the testing of tank reservoirs and other containers in the application of gas hazard control standards. (chimiste de la marine)

“MLC 2006” means the Maritime Labour Convention, 2006. (CTM 2006)

“near coastal voyage, Class 1” has the same meaning as in section 1 of the Vessel Certificates Regulations. (voyage à proximité du littoral, classe 1)

“NIOSH” means the National Institute for Occupational Safety and Health in the United States. (NIOSH)

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

“passenger vessel” means a passenger ship as defined in Regulations 2(e) and (f), Part I, chapter I of SOLAS. (bâtiment à passagers)

“personal service room” means a change room, sanitary facility, shower room, or other area of the crew accommodation or a combination of those areas. (local réservé aux soins personnels)

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

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

“rest” means a period during which an employee is not assigned any duty and has access to sleeping quarters and sanitary facilities. (repos)

“sanitary facility” means a room that contains a water closet or a urinal. (cabinet de toilette)

“SOLAS” means the 2004 consolidated edition of the International Convention for Safety of Life at Sea, 1974. (SOLAS)

“special purpose vessel” means a vessel of not less than 500 gross tonnage that carries more than 12 special personnel who are needed for the particular operational duties of the vessel and are, in addition to those persons required for the normal navigation, engineering and maintenance of the vessel, engaged to provide services for the persons carried on board. (bâtiment spécial)

“unlimited voyage” has the same meaning as in section 1 of the Vessel Certificates Regulations. (voyage illimité)

“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. (matérial de ventilation)

“vessel” has the same meaning as in section 2 of the Canada Shipping Act, 2001. (bâtiment)

2. For the purpose of interpreting any standard incorporated by reference into these Regulations, the use of “should” is to be read as denoting 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 must keep and maintain the record, report or other document and make it readily available for examination by a health and safety officer, the work place committee or the health and safety representative, as the case may be, and the policy committee, if one exists, for the vessel to which it applies.

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

(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 on reasonable notice at the request of the Minister.

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 must 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 must

(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 appropriate 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 must 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 employees.

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

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

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

(4) A person must not 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 must ensure that the design and construction of every structure on a vessel meets the applicable requirements set out in one or more 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) An employee must not use a temporary structure on a vessel if it is reasonably practicable to use a permanent structure.

(2) An employee must not 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 must be arranged or secured in a manner that they cannot be knocked off the structure accidentally.

(4) A qualified person must make a visual inspection of the temporary structure 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 must 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, a person must not 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 must 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 must 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 must be provided by means of a series of steps, a ladder or other similar structure.

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

(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 must

(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) as far as practicable, be adjusted in such a way that, whatever the state of the tide or the draught of the ship, the accommodation ladder’s angle or the gangway’s angle to the horizontal plane is not more than 40°;

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

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

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

(ii) CSA Standard CAN/CSA-S826 SERIES-01 (R2006), Ferry Boarding Facilities,

(iii) the applicable standard of a classification society that has been furnished with a certificate by the Minister of Transport under subsection 12(2) of the Canada Shipping Act, 2001, 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) Paragraph 5(g) does not apply to accommodation ladders or gangways constructed prior to the coming into force of these Regulations.

(7) Every means of access must be thoroughly examined by a qualified person at least once every year to ensure that the following conditions are met:

(a) the loose gear used with it is in good working order;

(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.

(8) If a means of access is being used by persons to board or disembark from a vessel, at least one end of it must be fastened securely and, if necessary to minimize its movement, an employee, other than an employee engaged in manoeuvring the vessel, must be stationed to assist the persons using it.

(9) A safety net must be fitted under every part of a ladder, 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 possible.

(10) Every safety net referred to in subsection (9) must

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

(b) be kept taut at all times;

(c) as far as practicable, protect the entire length of the means of access; and

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

(11) If a platform is provided at the bottom of a means of access, the platform must be flat and horizontal.

SCAFFOLDS

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

(a) ANSI/ASSE Standard A10.8-2001, Scaffolding Safety Requirements;

(b) ANSI/ALI Standard A14.7-2006, American National Standard forMobile 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 must be carried out by or under the supervision of a qualified person.

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

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

(5) Every scaffold must

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

(b) have a flat and horizontal working surface.

STAGES

14. (1) Every stage must

(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 must have a safety factor of not less than six.

LADDERS

15. (1) Commercially manufactured portable ladders must meet the requirements set out in one or more of the following standards:

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

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

(c) ANSI/ALI Standard A14.2 -2007, American National Standard for Ladders - Portable Metal - Safety Requirements.

(2) Subject to subsection (3), every portable ladder, while being used, must 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, must be positioned in a manner so 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 must extend, if practicable, at least three rungs above the higher level or, if it is not practicable, handholds must be provided.

(5) A metal or wire rope ladder must not be used if there is a hazard that it may come into contact with any live electrical circuit or electrical equipment.

(6) An employee must not 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) A non-metallic portable ladder must not be painted.

(8) Every rope ladder must be of sufficient length to reach the intended landing point, unless the distance from the water to the point of access is more than 9 m, in which case a rope ladder is not to be used.

(9) The means of attaching a rope ladder to a vessel must be effective and maintained in a safe condition.

(10) A rope ladder must 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 of the ladder.

(11) A rope ladder must not be used to provide access to places on shore except in case of emergency.

(12) When it is necessary to ensure safety, a person must 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, must have a guardrail.

(2) Every guardrail must 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 must 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 a person, the employer must 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 on a person must be

(a) tied in a manner that will protect any persons 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 persons 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(9), paragraphs 16(5)(b) and 147(1)(b) must meet the standards set out in ANSI/ASSE Standard A10.11-1989 (R1998), Safety Requirements for Safety Nets.

HOUSEKEEPING AND MAINTENANCE

18. (1) As far as practicable, the working surface used by an employee must 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 must 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) The following provisions do not apply in respect of a day vessel:

(a) sections 20 to 40;

(b) sections 42 to 45; and

(c) sections 51 to 54.

(3) The following provisions do not apply in respect of a vessel of less than 200 gross tonnage, engaged in inland voyages or 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 and 43;

(i) sections 48 to 55;

(j) subsection 56(2); and

(k) subsection 56(4).

(4) 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.

(5) 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 must ensure that there is separate hospital accommodation on board the vessel 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. The employer must ensure that there is adequate headroom in all crew accommodation and the minimum headroom in all crew accommodation where full and free movement is necessary must be at least 203 cm.

21. (1) The sleeping quarters, mess rooms, recreation rooms, passageways in the crew accommodation space and their external bulkheads must 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 must be adequately insulated.

22. External bulkheads and any part of a bulkhead that separates sleeping quarters from cargo and machinery spaces, galleys, storerooms, drying rooms or communal sanitary areas must 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 must comply with the Hull Construction Regulations or the Crew Accommodation Regulations.

(2) The bulkhead surfaces and deckheads must 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 must be light in colour with a durable non-toxic finish.

24. (1) The deck covering in all crew accommodation must 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 deck covering is made of composite materials, any joints must be profiled to avoid crevices.

(3) The deck covering in all crew accommodation must

(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 must be provided in the crew accommodation.

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

SLEEPING QUARTERS

General

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

(2) Sleeping quarters must not open directly into 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 are they to 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 are they to be located forward of the collision bulkhead.

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

(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, taking into consideration the size of the vessel, the activity in which it is to be engaged and its layout.

(2) Except on passenger vessels, all sleeping quarters must 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 employees with officer duties must 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 mate, the chief engineer and the second engineer are to be provided with, 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 must be provided for each employee.

(2) In individual sleeping quarters for employees, the minimum floor area must 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 to employees,

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

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

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

(d) as far as practicable, employees working during the day must not share their sleeping quarters with watchkeepers.

(2) As far as practicable, on passenger vessels and special purpose vessels, the floor area of sleeping quarters for employees not performing officer duties must 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 are to share their sleeping quarters, and the floor area of that room must not be less than 7 m2.

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

Calculation of Area

31. Space occupied by berths, lockers, chests of drawers and seats must 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, must be excluded.

Berths

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

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

34. (1) The framework and the lee-board, if any, of a berth must 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 must be completely sealed and without perforations.

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

(2) A berth must not be placed over another if a sidelight is located above a berth that is placed along the ship’s side.

(3) If one berth is placed over another,

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

(b) the upper berth must 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 must be fitted beneath the bottom mattress or spring bottom of the upper berth.

36. (1) Each berth must be fitted with a mattress with a cushioning bottom or a combined cushioning mattress that includes a spring bottom or a spring mattress.

(2) The employer must provide a set of clean bedding to be used on board a vessel during the employee’s service.

(3) The bedding set must, at a minimum, consist of the following items of appropriate size for the berth:

(a) one pillow;

(b) one pillow case;

(c) two flat bedsheets; and

(d) one blanket.

(4) The employee must return the bedding set on completion of service on board a vessel.

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

Furniture

38. Sleeping quarters must 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 must 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 must be 500 l.

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

40. The furniture must 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 must 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 employees likely to use them at any one time.

(2) Every dining area provided by the employer must 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 must be located as close as practicable to the galley and as far as practicable from the sleeping quarters and any place where a hazardous substance may contaminate food, dishes or utensils.

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

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

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

45. The following things must be available at all times in mess rooms when employees are on board a vessel:

(a) a conveniently located refrigerator of a capacity sufficient for the number of employees 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

46. All employees, on vessels normally engaged on voyages of more than four hours’ duration, must have convenient access to sanitary facilities.

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

(2) If separate sanitary facilities are provided, each sanitary facility must 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 must be fitted with an inside locking device.

48. Sanitary facilities for vessels engaged in voyages of more than four hours must 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.

49. Sanitary facilities must 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.

50. A sanitary facility must meet the following requirements:

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

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

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

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

LAUNDRY

51. If an employee is required to live on board a vessel, the employer must provide a laundry facility or other arrangement so that laundry can be done on a regular basis.

OPEN DECK

52. If employees are required to live on board a vessel, they must be given access to a specified open deck when they are off-duty.

OFFICE

53. A vessel of more than 3000 gross tonnage must have a ship’s office for use by employees of the deck and engine departments.

RECREATIONAL FACILITIES

54. If an employee is required to live on board a vessel, a recreational facility must be furnished at a minimum with

(a) a bookcase that contains vocational and other books, the inventory of which must be adequate for the duration of the voyage and changed at reasonable intervals together with a facility for reading and writing;

(b) a radio capable of receiving broadcast on bands such as AM/FM/SW; and

(c) a television set equipped with electronic equipment capable of showing films, the inventory of which must be adequate for the duration of the voyage and changed at reasonable intervals.

HOSPITAL ACCOMMODATION

55. (1) An employer must provide hospital accommodation on board a vessel in accordance with the Marine Personnel Regulations.

(2) The hospital accommodation must be easy to access and suitable to accommodate and promptly care for persons in need of medical care.

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

(4) As far as practicable, sanitary facilities containing a minimum of one toilet, one wash basin and one tub or shower must 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

56. (1) The system of ventilation for sleeping quarters and mess rooms must 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 must have ventilation to the open air, independent of any other part of the accommodation.

(3) Each personal service room and galley must 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 must be no less than that set out in column 2.

TABLE

MINIMUM VENTILATION REQUIREMENTS FOR CHANGE
ROOMS, SANITARY FACILITIES AND SHOWER ROOMS

Item

Column 1


Type of Room

Column 2

Ventilation Requirements in litres per second (l/s)

1.

Change Room

(a) for employees with clean work clothes

(b) for employees with wet or sweaty work clothes

(c) for employees who work where work clothes pick up heavy odours

 

(a) 5 l/s per m2 of floor area

(b) 10 l/s per m2 of floor area; 3 l/s exhausted from each locker

(c) 15 l/s per m2 of floor area; 4 l/s exhausted from each locker

2.

Sanitary Facility

10 l/s per m2 of floor area; at least 10 l/s per toilet compartment; minimum 90 l/s

3.

Shower Room

10 l/s per m2 of floor area; at least 20 l/s per shower head; minimum 90 l/s

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

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

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

(2) Air conditioning systems must 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.

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

(2) The heating system must 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 must 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 must be available at all times when employees are living or working on board the vessel.

PART 4

SANITATION

INTERPRETATION

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

GENERAL

61. (1) Every employer must maintain each personal service room, galley and pantry used by employees in a clean and sanitary condition.

(2) Each personal service room and galley must be cleaned at least once every day that it is used.

62. (1) If a vessel is in operation, an inspection must 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), must be kept by the employer on the vessel for a period of three years after the day on which the inspection is made.

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

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

65. Each container that is used for solid or liquid waste in a work place must

(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.

66. (1) As far as practicable, each enclosed part of a work place, personal service room, galley or pantry must 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, galley or pantry, the employer must immediately take all steps necessary to eliminate the vermin and prevent their re-entry.

67. A person must not 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.

68. (1) All reasonable steps must 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 must be constructed so that they can be easily cleaned and maintained in a sanitary condition.

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

SANITARY FACILITIES

70. In every sanitary facility, the employer must provide

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

(b) powdered or liquid soap or other sanitizing 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 used disposable towels if disposable 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

71. In every personal service room that contains a wash basin, the employer must provide

(a) powdered or liquid soap or other sanitizing 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

72. (1) Every shower must be provided with

(a) hot and cold water; and

(b) soap or other sanitizing agent.

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

WATER

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

(2) The potable water must

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

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

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

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

(2) The potable water management program must be made readily available for inspection.

75. (1) Every vessel of 300 gross tonnage or more that is not a day vessel must have on board a supply of water that is available for all wash basins, tubs and showers and is sufficient to provide at least 68 l of water for each employee on the vessel for each day that the employee spends on that vessel.

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

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

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

(a) the container must be securely closed;

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

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

(d) the water must 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.

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

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

(a) the fountain must meet the standards set out in the Air-Conditioning and Refrigeration Institute (ARI) of the United States ARI 1010-2002, Self-Contained, Mechanically-Refrigerated Drinking-Water Coolers; and

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

PREPARATION, HANDLING, STORAGE AND SERVING OF FOOD

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

81. A person who is suffering from a communicable disease must not must work as a food handler.

82. If food is served in a work place, the employer must adopt and implement the most recent edition of the Food Safety Code of Practice, published by the Canadian Restaurant and Foodservices Association.

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

(2) Foods that require freezing to prevent them from becoming hazardous to health must be maintained at a temperature of –18°C or lower.

84. All equipment and utensils that come into contact with food must 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.

85. No person must 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, tub or shower; or

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

GARBAGE

86. Food waste or garbage must not be stored in a galley.

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

88. Dry food waste and garbage must be removed or incinerated.

89. (1) Food waste and garbage containers must 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 must 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

90. In this Part ““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.

Fire Protection Equipment

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

Emergency Evacuation

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

Emergency Procedures

93. (1) Every employer must 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 emergency procedures must be posted in conspicuous places that are accessible to every employee in the work place.

Training and Instruction

94. Every employee must be trained and instructed in

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

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

Inspections

95. (1) A visual inspection of every vessel must be carried out by a qualified person at least once every six months and must 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 must be dated and signed by the person who carried out the inspection and kept by the employer on board the vessel for a period of two years after the day on which it is signed.

DIVISION 2

VIOLENCE PREVENTION IN THE WORK PLACE

Interpretation

96. The employer must carry out its obligations under this Division 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.

Work Place Violence Prevention Policy

97. The employer must develop and post at a conspicuous 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

98. The employer must 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

99. (1) The employer must assess the potential for work place violence by using the factors identified under section 98 and 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, must not disclose information whose disclosure is prohibited by law or could reasonably be expected to threaten the safety of individuals.

Controls

100. (1) Once an assessment of the potential for work place violence has been carried out under section 99, the employer must 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 must 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 must 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 must not create or increase the risk of work place violence.

Work Place Violence Prevention Measures Review

101. (1) The employer must review the effectiveness of the work place violence prevention measures set out in sections 97 to 100 at least once every three years and update them whenever there is a change that compromises the effectiveness of those measures.

(2) The review must 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 must keep, for a period of three years, a paper 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

102. (1) The employer must 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 must 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 conspicuous location accessible to those employees.

(3) In the development and implementation of emergency notification procedures, the employer’s decision whether or not to notify the police must 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 must be notified of their investigation, unless notification is prohibited by law.

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

Notification and Investigation

103. (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 must try to resolve the matter with the employee as soon as feasible.

(3) If the matter is unresolved, the employer must 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 must 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 must, 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 100(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.

Information, Instruction and Training

104. (1) The employer must provide information, instruction and training in 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 must 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; and

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

(3) The information, instruction and training must 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 97 to 100; 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 must 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 must keep signed records, in paper or electronic form, on the information, instruction and training that each employee is provided with for a period of two years after the day 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

105. 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 for extended periods of time. (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

106. Every employer must ensure that a vessel engaged on a voyage has at least one employee 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.

107. (1) A vessel must 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 must carry a complete and up-to-date list of coast earth stations from which medical advice can be obtained.

108. Employees with responsibility for medical care or first aid must 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.

109. Every employer must

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

(b) make 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 employees 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.

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

111. (1) The employer must 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.

112. Emergency medical and dental care while employees are on board a vessel or landed in a foreign port must be provided free of charge.

MEDICAL CARE ASHORE

113. Measures must be taken to ensure that employees have access, when in port, to

(a) outpatient treatment for injury and illness;

(b) hospitalization when necessary; and

(c) dental treatment.

FIRST AID KIT, MEDICINE CHEST, MEDICAL
EQUIPMENT AND MEDICAL GUIDE

114. (1) The employer must provide and maintain for a work place set out in column 1 of Table 1 to this section the type of first aid kit set out in column 2 and a medical guide.

(2) The first aid kit and its contents, as well as the medical equipment and medical guide carried on board a vessel, must be properly maintained and inspected at regular intervals of not more than 12 months, by a qualified person to ensure that supplies and equipment are properly stored and labelled with directions for their use and their expiry date, that all equipment functions as required and that all supplies have not reached or exceeded their expiry dates and are not set to expire before to the next scheduled inspection date.

(3) Every first aid kit must be

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

(b) clearly identified by a conspicuous sign.

(4) A first aid kit must contain the supplies and equipment set out in column 1 of Table 2 to this section in the applicable quantities set out in column 2.

TABLE 1

REQUIREMENTS FOR FIRST AID KITS

Item

Column 1

Work Place

Column 2

Type of First Aid Kit

1.

On a vessel with

(a) 2 to 5 employees

(b) 6 to 19 employees

(c) 20 to 49 employees

(d) more than 50 employees

 

A

B

C

D

2.

At a detached work place

E

TABLE 2

FIRST AID KIT TYPE, SUPPLIES AND EQUIPMENT

Item

Column 1

Column 2

Type of First Aid Kit

Supplies and Equipment

A

B

C

D

E

Quantity per Type of First Aid Kit

1.

Antiseptic-wound solution, 60 mL or antiseptic swabs (10-pack)

1

2

3

6

1

2.

Applicator-disposable (10-pack) [not needed if antiseptic swabs used]

1

2

4

8

3.

Bag-disposable, waterproof, emesis

1

2

2

4

4.

Bandage-adhesive strips

12

100

200

400

6

5.

Gauze, Roll 2.5 cm × 10 m

2

6

8

12

6.

Bandage-triangular-100 cm folded and 2 pins

2

4

6

8

1

7.

Container-First Aid Kit

1

1

1

1

1

8.

Dressing-compress, sterile 7.5 cm × 12 cm approximately

2

4

8

12

9.

Dressing-gauze, sterile 10.4 cm × 10.4 cm approximately

4

8

12

18

2

10.

Forceps-splinter

1

1

1

1

11.

Manual-First Aid, English — current edition

1

1

1

1

12.

Manual-First Aid, French — current edition

1

1

1

1

13.

Pad with shield or tape for eye

1

1

2

4

1

14.

Record-First Aid (section 119)

1

1

1

1

1

15.

Scissors — 10 cm

1

1

1

1

1

16.

Tape-adhesive, surgical 1.2 cm × 4.6 m (not needed if ties attached to dressings)

1

1

2

3

17.

Penlight

1

1

18.

Antipruritic lotion 30 ml or swabs (10 packs)

1

1

1

2

19.

Bandage-elastic 7.5 cm × 5 m

1

2

20.

Blanket-emergency, pocket size

1

21.

Dressing-burn, sterile, 10 cm × 10 cm

1

1

2

2

22.

Dressing-burn, sterile, 20 cm × 20 cm

1

1

23.

Hand cleanser or cleaning towelettes, 1 pack

1

1

1

1

24.

Malleable splint set with padding

1

1

1

25.

Stretcher

1

1

26.

Gloves, disposable examination non-latex (pr)

5

10

20

30

5

27.

Mask, barrier device for mouth to mouth resuscitation

1

1

2

3

1

28.

Tongue depressor, disposable

5

5

10

10

115. (1) Every vessel that is engaged on an unlimited voyage, a near coastal voyage, Class 1 or an international voyage of more than three days’ duration, other than an inland voyage, must carry a medicine chest, medical equipment and the most recent edition of the International Medical Guide for Ships, published by the World Health Organization.

(2) The medicine chest and its contents, as well as the medical equipment and the International Medical Guide for Ships must be properly maintained and inspected at regular intervals of not more than 12 months by a qualified person to ensure that medicines are properly stored and labelled with directions for their use and their expiry date, that all equipment functions as required and that all supplies and medicines have not reached or exceeded their expiry dates and are not set to expire before the next scheduled inspection date.

(3) Every medicine chest must be

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

(b) clearly identified by a conspicuous sign.

(4) The employer must provide and maintain a medicine chest with supplies and medicine in accordance with the recommendations of the most recent version of the International Medical Guide for Ships, taking into consideration the particulars of the intended voyage.

116. 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 must be provided for immediate use by employees, or if it is not practicable to do so, portable equipment must be provided.

TRANSPORTATION

117. Before assigning employees to a detached work place, the employer must 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

118. (1) Subject to subsection (2), an employer must 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) must be kept inside the first aid kit referred to in section 114.

RECORDS

119. (1) If an injured or ill employee reports for first aid to a person in accordance with section 110 or if a person who holds a first aid certificate renders first aid to an employee, the person must

(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 must 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

120. The employer must, 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.

IMPLEMENTATION PLAN

121. (1) The employer must

(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 must ensure, as far as practicable, that ergonomics-related hazards are identified and assessed and that they are eliminated or reduced, as required by subsection 124(1), and that any person assigned to identify and assess ergonomics-related hazards has the necessary training and instructions.

HAZARD IDENTIFICATION AND ASSESSMENT METHODOLOGY

122. (1) The employer must 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 275;

(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 must 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

123. (1) The employer must identify and assess the hazards in the work place, including ergonomics-related hazards, in accordance with the methodology developed under section 122 and taking into account

(a) the nature of the hazard;

(b) in the case of ergonomics-related hazards, all ergonomics-related factors, such as

(i) the physical demands of the work activities, the work environment, the work procedures, the organization of the work and the circumstances in which the work activities are performed, and

(ii) the characteristics of materials, goods, persons, animals, things and workspaces and the features of tools and equipment;

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

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

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

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

(g) any employee reports made under paragraphs 126(1)(g) or (h) of the Act or under section 275; and

(h) any other relevant information.

(2) The employer must assess a cargo hold in accordance with subsection (1) to determine if it is a confined space and each time there is a change in conditions that may create a hazard.

PREVENTIVE MEASURES

124. (1) The employer must, 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 must develop and implement a preventive maintenance program in order to avoid failures that could result in a hazard to employees.

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

(4) The preventive measures must 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

125. (1) The employer must provide each employee with health and safety education, including education relating to ergonomics and it must 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 275; and

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

(2) The employer must provide an employee with education

(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 must 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 an employee is provided with education, the employee must acknowledge in writing that they received it and the employer must acknowledge in writing that they provided it.

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

PROGRAM EVALUATION

126. (1) The employer must 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 must 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

127. (1) If a program evaluation has been conducted under section 126, the employer must prepare a program evaluation report.

(2) The employer must keep every program evaluation report for a period of six years after the day on which the report is prepared and make it readily available for examination for that period.

PART 8

DIVING OPERATIONS

128. The employer must ensure that all diving operations from a vessel 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

129. 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” includes a platform, bucket, landing boom or basket or boatswain’s chair designed specifically for the purpose of transporting, lifting, moving and positioning persons. (appareil de transbordement de personnes)

APPLICATION

130. This Part applies to every persons transfer apparatus used for the purpose of carrying persons on board a vessel, and every safety device attached to that apparatus.

STANDARDS

131. (1) Every persons transfer apparatus and every safety device attached to it must

(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 CSA Standard 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;

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

(d) lifts for persons with physical disabilities is CSA Standard CAN/CSA B355-00 (R2005), Lifts for Persons with Physical Disabilities;

(e) descent control devices is CSA Standard Z259.3-99 (R2004), Descent Control Devices; and

(f) landing booms is the most recent edition of The Seaway Handbook, issued by St. Lawrence Seaway Management Corporation.

USE AND OPERATION

132. (1) A persons transfer apparatus on a vessel must not 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) A persons transfer apparatus must not be used or placed in service while any safety device attached to it is inoperative.

(3) A safety device attached to a persons transfer apparatus must not 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.

133. (1) A persons transfer apparatus must not be used to transfer freight unless the apparatus 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 must 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) the person in charge of the transfer operation must be in direct radio contact with the operator of the apparatus; and

(b) the person to be transferred must

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

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

(iii) must 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 must be equipped with at least two buoyant baskets.

BOATSWAIN’S CHAIR

134. (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.

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

INSPECTION AND TESTING

136. (1) Every persons transfer apparatus must 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 must be replaced before the apparatus is used.

(2) Every persons transfer apparatus and every safety device attached to it must be inspected and tested by a qualified person to ascertain that the requirements referred to in section 131 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) must

(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 any 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 on 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 made readily available for examination by the operator of the apparatus.

REPAIR AND MAINTENANCE

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

PART 10

PROTECTION EQUIPMENT

GENERAL

138. (1) The employer must ensure that every person granted access to a work place who is exposed to a health or safety hazard uses 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 must

(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

139. If there is a hazard of head injury in a work place, the employer must 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

140. (1) If there is a hazard of a foot injury or electric shock through footwear in a work place, the employer must ensure that every person granted access to that work place uses 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 must be used.

EYE AND FACE PROTECTION

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

RESPIRATORY PROTECTION

142. (1) If there is a hazard of an airborne hazardous substance or an oxygen-deficient atmosphere in a work place, the employer must provide a respiratory protective device or breathing apparatus that is listed in the most recent version of the NIOSH Certified Equipment List.

(2) A respiratory protective device or breathing apparatus referred to in subsection (1) must 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 must 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 must 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 must 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

143. If there is a hazard of injury or disease to or through the skin of a person in a work place, the employer must 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

144. (1) The employer must provide a fall-protection system to every person, other than an employee who is installing or removing a fall-protection system, who is granted access to

(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 a person 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 person can use only one hand to hold onto the ladder.

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

(a) CSA Standard 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 CAN/CSA-Z259.2.2-98 (R2009), Self-Retracting Devices for Personal Fall-Arrest Systems;

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

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

(f) CSA Standard 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 Z259.13-04 (R2009), Flexible Horizontal Lifeline Systems; and

(i) CSA Standard Z259.16-04 (R2009), Design of Active Fall-Protection Systems.

(3) The anchor of a fall-protection system must 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 must 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 must 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

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

PROTECTION AGAINST MOVING VEHICLES

146. If persons granted access to a work place are regularly exposed to the risk of coming into contact with moving vehicles during their work, the employer must ensure that they wear a high-visibility vest or other similar clothing that is readily visible under all conditions of use or that they are protected by a barricade that is readily visible under all conditions of use.

PROTECTION AGAINST DROWNING

147. (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 must 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

(i) the Canadian General Standards Board (CGSB) Standard CAN/CGSB-65.7-2007, Life Jackets; or

(ii) Regulation 2 of Part 1 to IMO Resolution MSC.81(70), adopted on December 11, 1998 and entitled Revised Recommendation on Testing of Life-Saving Appliances; 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 must be provided and held in readiness;

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

(c) if appropriate, a vessel must 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, must be prepared by the employer.

RECORDS

148. (1) A record of all self-contained breathing apparatus provided by the employer must 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 the apparatus ceases to be used.

(2) The record must 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 INSTRUCTION

149. (1) An employer must instruct every person granted access to a work place who is to use protection equipment in the use of the equipment.

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

(3) The instruction referred to in subsections (1) and (2) must be

(a) set out in writing; and

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

DEFECTIVE PROTECTION EQUIPMENT

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

(2) An employer must 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

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

APPLICATION

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

(a) a vessel of less than 500 gross tonnage;

(b) the bridge of a vessel; and

(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 must be illuminated by natural light and provided with adequate artificial light.

(3) Emergency lighting must, 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 must meet one of the following standards:

(a) ANSI/IES RP-7-01, Lighting Industrial Facilities; or

(b) the standard entitled The IESNA Lighting Handbook: Reference and Application, 9th Edition published by the Illuminating Engineering Society of North America (IESNA).

MEASUREMENTS OF AVERAGE LEVELS OF LIGHTING

153. (1) For the purposes of this Part, the average level of lighting in an area must 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 must be measured when the room is empty.

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

EMERGENCY LIGHTING SYSTEM

154. (1) Every vessel must 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 50 lx; 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

155. (1) The level of lighting at any place in an area must 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 in a work area set out in column 1 of the table to this subsection must not be less than the level set out in column 2.

TABLE

AVERAGE LEVELS OF LIGHTING ON VESSELS

Item

Column 1


Work Area

Column 2

Average Level in lx

1.

Office

 
 

(a) General

200

 

(b) At the surface of desks

500

2.

Dry Provision Storage Area

100

3.

Workshops

 
 

(a) General

300

 

(b) At the bench in an area in which medium or fine bench work or machine work is performed

500

4.

Service Space — at the head of every stairway, ladder and hatchway

200

5.

Galleys

 
 

(a) General

300

 

(b) At working position

1000

6.

Crew Accommodation

200

7.

Sanitary Facilities

 
 

(a) General

100

 

(b) At mirror

200

8.

Dining Area and Recreational Facilities

 
 

(a) General

100

 

(b) At the surface of tables and desks

200

9.

Boiler Rooms

200

10.

Engine Rooms

 
 

(a) General

200

 

(b) At control stations, switchboards and control boards

300

11.

Generator Rooms

200

WORKING, WALKING AND CLIMBING AREAS

156. Unless otherwise specified, all working, walking and climbing areas must be illuminated to

(a) an average level of 50 lx; and

(b) a minimum level of 30 lx at any place in those areas.

VISUAL DISPLAY TERMINALS

157. (1) The average level of lighting at a task position set out in column 1 of the table to this subsection must not be more than the average level set out in column 2.

TABLE

AVERAGE LEVELS OF LIGHTING — VDT WORK

Item

Column 1


Task Position

Column 2

Average Level in lx

1.

VDT Work

 
 

(a)


(b)

Task positions at which data entry and retrieval work are performed intermittently

Task positions at which data entry work is performed exclusively

500


750

(2) Reflection glare on a VDT screen must 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 must 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

158. 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 160; and

(b) subsection 161(5).

INTERPRETATION

159. 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 61672-1:2002(E), 1st edition 2002-2005 Electroacoustics – Sound Level Meters. (niveau de pression acoustique pondérée A)

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

“noise exposure level (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, 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

160. (1) Accommodation and recreational and catering facilities must 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 must be used in the construction and finishing of bulkheads, deckheads and decks within the sound-producing spaces.

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

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

(5) Accommodation or recreational or catering facilities must not be exposed to excessive vibration.

LEVELS OF SOUND

161. (1) Subject to subsections (2) to (4), the level of sound in a work place must 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, an employee must not be exposed in any 24-hour period

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

(b) to any combination of the different levels of sound set out in column 1 of the table to this section, if 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 section is more than one.

(3) An employee must not 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 must 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) Unless otherwise specified, the limits for noise levels for working and crew accommodations must 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 documents in English and in French referred to in subsection (5) must be kept on board the vessel and be made available to employees.

TABLE

MAXIMUM EXPOSURE TO LEVELS OF SOUND IN THE WORK PLACE

Item

Column 1


Levels of Sound in dB

Column 2

Maximum Number of Hours of Exposure per Employee per 24-hour Period

1.

85 or more but not more than 90

8

2.

more than 90 but not more than 92

6

3.

more than 92 but not more than 95

4

4.

more than 95 but not more than 97

3

5.

more than 97 but not more than 100

2

6.

more than 100 but not more than 102

1.5

7.

more than 102 but not more than 105

1

8.

more than 105 but not more than 110

0.5

9.

more than 110 but not more than 115

0.25

10.

more than 115

0

HAZARD INVESTIGATION

162. (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 161, the employer must

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

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

(c) 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 must be performed instantaneously, in 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 must 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 the exposure;

(d) whether the exposure of the employee is likely to be more than the limits prescribed by section 161; 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, as the case may be, the person appointed to carry out the investigation must set out in a written report signed and dated by the person

(a) observations respecting the matters considered under subsection (3);

(b) recommendations respecting the measures that are to be taken in order to comply with section 161; 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 must be kept by the employer at the work place where 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 employees are likely to be exposed to a noise exposure level (Lex,8) equal to or greater than 85 dBA, the employer must, without delay,

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

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

SOUND LEVEL MEASUREMENT

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

WARNING SIGNS

164. In a work place where the level of sound is 85 dB or more, the employer must 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 161(2); and

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

PART 13

WORK PERMIT

ASSESSMENT

165. The employer must assess the following types of work to determine if the work presents a hazard that is capable of causing death or serious injury:

(a) work on live electrical equipment that cannot be isolated or grounded;

(b) work on electrical equipment that is capable of becoming live during that work;

(c) hot work, as defined in section 189;

(d) work that requires exposure to hazardous substances beyond the limits referred to in subsection 255(1); and

(e) any other work that may present a hazard that is capable of causing death or serious injury.

ISSUANCE

166. 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; and

(b) any other work that has been assessed under section 165 as presenting a hazard that is capable of causing death or serious injury.

CONTENTS

167. The work permit must contain the following information:

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

(b) the name of the 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 emergency or work procedures to be followed.

REQUIREMENTS

168. (1) The work permit must be signed by the employer and the terms, rights and obligations explained to and signed by the person to whom that permit is issued.

(2) The work permit must be made readily available for examination by employees for the period in which the work is being performed and after that period it must 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 be performed only after the equipment has been locked out in accordance with the standard referred to in subparagraph 167(e)(ii).

PART 14

CONFINED SPACES

GENERAL

169. A person must not enter a confined space without having been issued a work permit under section 166.

170. Before authorizing a person to enter a confined space, the employer must ensure that all the requirements of this Part are met.

ASSESSMENT OF CONDITION

171. (1) Before authorizing a person to enter a confined space on a vessel, the employer must appoint a marine chemist or other 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 must, 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 255(1) or the percentage referred to in subsection 255(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 148 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 must, 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) the type, model, serial number and date of last calibration of any instrument used in the assessment process;

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

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

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

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

(i) 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).

172. The written report referred to in subsection 171(3) must 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.

ADDITIONAL REQUIREMENTS FOR THE ISSUANCE OF A WORK PERMIT

173. (1) In addition to the requirements set out in section 168, before an employer issues a work permit under section 166, the employer must

(a) obtain a written report referred to in subsection 171(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 performing work in the confined space has been disconnected from its power source and locked out in accordance with the standard referred to in subparagraph 167(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 171(3) and any procedures identified in that report must be explained to a person who is about to enter into the confined space and that person must sign a dated copy of the report indicating 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 171(2)(a) to (c) or (1)(b) to (e) cannot be complied with, the employer must comply with the requirements of sections 123 and 124 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 must 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 172(3)(i),

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

(iii) provided with the protection equipment referred to in paragraph 172(3)(h) and any emergency equipment required by the procedures established by the employer under paragraph 172(3)(i).

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

VENTILATION EQUIPMENT

174. (1) If a hazardous substance may be produced in a confined space by the work to be performed,

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

(b) each person granted access to the confined space must use a respiratory protective device or breathing apparatus referred to in section 142.

(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 172(2) by the use of ventilation equipment, a person may only be granted access to the confined space if

(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 one of the following occurs:

(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 paragraph 172(2)(a) or (b), and

(ii) the percentage of oxygen in the atmosphere ceases to meet the requirements of paragraph 172(2)(c).

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

PART 15

ELECTRICAL SAFETY

INTERPRETATION

175. 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 in respect of electrical equipment, 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. (protégé)

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

SAFETY PROCEDURES

176. (1) All testing or work performed on electrical equipment must 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 must ensure that a work permit referred to in section 166 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 must use insulated protection equipment and tools that will protect them from injury; and

(b) the employee must 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 must be guarded.

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

SAFETY WATCHER

177. (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 must 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 must 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), employers may appoint themselves as safety watchers.

COORDINATION OF WORK

178. 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, must be fully informed by the employer with respect to the safe coordination of their work.

SWITCHES AND CONTROL DEVICES

179. (1) Every control device must 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 must 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 must be fitted with a locking device that only the authorized person can activate.

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

DEFECTIVE ELECTRICAL EQUIPMENT

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

ELECTRICAL FUSES

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

(2) An employee must not replace missing or burnt-out fuses unless authorized to do so by a person in charge.

POWER SUPPLY CABLES

182. (1) Power supply cables for portable electrical equipment must 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 must not be altered or changed for the purpose of connecting the equipment or appliances to a two-wire power supply.

GROUNDED ELECTRICAL EQUIPMENT

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

ADDITIONAL REQUIREMENT FOR THE ISSUANCE OF A WORK PERMIT

184. In addition to the requirements set out in section 168, before an employer issues a work permit for electrical equipment under section 166, the employer must provide a guarantee of isolation in respect of each source of electrical energy.

GUARANTEES OF ISOLATION OF ELECTRICAL EQUIPMENT

185. (1) An employee must not 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) No more than one employee is to give a guarantee of isolation for a piece of electrical equipment for a given period.

(3) Before an employer issues a work permit, the person in charge must 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) must be signed by the guarantor and by the person in charge and must 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 must, as soon as possible be made by the guarantor and signed by the person in charge.

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

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

(a) kept by the person in charge and made 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 must 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 must 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

186. (1) An employee must not 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 must 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

187. (1) Every person in charge must, 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 must 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) must 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

188. (1) An employee must not 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), work may be performed on any electrical equipment, only if 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 must be connected to the common grounding network.

(5) Every conducting part of a safety ground on isolated electrical equipment must 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) A safety ground must not be attached to or disconnected from isolated electrical equipment except in accordance with the following requirements:

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

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

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

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

(g) the safety ground must, 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

189. In this Part, “hot work” means any work where flame is used or a source of ignition may be produced.

GENERAL

190. If hot work is to be performed,

(a) a qualified person must be assigned to patrol the working area and the adjoining areas and maintain a fire protection watch of the area for the duration of the work and, if necessary, 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.

191. Hot work must not be performed in a working area where

(a) flammable 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; and

(b) an explosive or flammable substance may be present in the working area, unless a marine chemist or other qualified person has ensured that adequate protection exists to permit that work to be safely performed in the area.

192. (1) Electrical welding equipment cables and gas welding or burning equipment cylinders and pipes must 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 must be placed securely in an upright position when in use.

193. Before equipment used for hot work is left unattended, the person in charge of the working area must ensure that the equipment is in a safe condition.

VENTILATION EQUIPMENT

194. If a hazardous substance may be produced in a working area as a result of hot work

(a) the working area must be well ventilated; or

(b) any person in the working area must wear a respiratory protective device.

195. (1) The concentration of any chemical agent to which a person is likely to be exposed in a working area must not be more than

(a) the value referred to in subsection 255(1); or

(b) the percentage referred to in subsection 255(5).

(2) The concentration in a working area of airborne hazardous substances, other than chemical agents, must not be hazardous to the health or safety of the person in the area.

196. The percentage of oxygen in the atmosphere in a working area must not be less than 19.5 per cent or more than 23 per cent by volume at normal atmospheric pressure and in no case is the partial pressure of oxygen to be less than 148 mm Hg.

197. (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 195 or the percentage of oxygen in the air of a confined space within the limits referred to in section 196, the employer is prohibited from granting 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 one of the following occurs:

(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 195, or

(ii) the percentage of oxygen in the atmosphere ceases to meet the requirements of section 196.

(2) The employee referred to in subparagraph (1)(a)(ii) must activate an alarm in the event of faulty operation of the ventilation equipment.

PART 17

BOILERS AND PRESSURE VESSELS

APPLICATION

198. 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

199. An employer must ensure that every boiler, pressure vessel and pressure piping system used in a work place must, to the extent reasonably practicable, meets the requirements set out in the Marine Machinery Regulations.

USE, OPERATION AND MAINTENANCE

200. An employer must 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

INTERPRETATION

201. 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

202. This Part applies to machines, tools and guards.

DESIGN, CONSTRUCTION AND OPERATION OF TOOLS

203. (1) The exterior surface of any tool used by an employee in a fire hazard area must be made of non-sparking material.

(2) All portable electric tools used by employees must meet the CSA Standard CAN/CSA-C22.2 NO. 71.1-M89 (R2004), Portable Electric Tools.

(3) All portable electric tools used by employees must 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 must 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 must 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 must meet and be operated in accordance with the standards set out in CSA Standard Z166-1975, Explosive Actuated Fastening Tools.

(7) An employee must not operate an explosive-actuated fastening tool unless authorized to do so by their employer.

(8) All chain saws used by employees must meet the standards set out in CSA Standard CAN/CSA-Z62.1-03 (R2008), Chain Saws.

DEFECTIVE TOOLS AND MACHINERY

204. (1) If an employee finds any defect in a tool or machine that may render it unsafe for use, the employee must report the defect to the employer as soon as possible.

(2) An employer must 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.

TRAINING AND INSTRUCTION

205. (1) Every employee must 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 must keep 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 must be made 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

206. (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 must 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 or 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) must not be removable.

(3) A machine guard must be constructed, installed and maintained so that it meets the requirements of subsection (1).

(4) Equipment used in the mechanical transmission of power must meet the requirements set out in ANSI Standard ANSI/AMT B15.1-2000 (R2008), Safety Standard for Mechanical Power Transmission Apparatus.

USE, OPERATION, REPAIR AND MAINTENANCE OF MACHINES

207. (1) Machines must be operated, repaired and maintained by a qualified person.

(2) If a machine guard is installed on a machine, it is prohibited for any person to 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) If it is necessary to remove a machine guard from a machine in order to perform repair or maintenance work on the machine, it is prohibited for any person to perform that work unless the machine has been rendered inoperative.

(4) If it is not reasonably practicable to render the machine inoperative, the repair or maintenance work may be performed if the employer has established procedures and methods in accordance with sections 123 and 124.

ABRASIVE WHEELS

208. (1) Abrasive wheels must 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 must 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

209. 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 a persons transfer apparatus within the meaning of section 129. (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 228(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

210. 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

211. (1) Materials handling equipment must, to the extent that is reasonably practicable, be designed and constructed so that, if there is a failure of any part of the equipment, it will not result in loss of control of the equipment or create a hazardous condition.

(2) All glass in doors, windows and other parts of materials handling equipment must be of a type designed not to shatter into sharp or dangerous pieces on impact.

Protection from Falling Objects

212. (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 must equip it 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 must 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, the operator must not occupy the equipment unless it is equipped with a protective structure referred to in subsection (1).

Protection from Overturning

213. (1) If materials handling equipment is used in circumstances in which it may turn over, it must be fitted with a rollover protection device that meets the requirements set out in CSA Standard B352.0-09, Roll-over protective structures (ROPS), falling object protective structures (FOPS), operator protective structures (OPS), and tip-over protective structures (TOPS) for mobile machinery - General Canadian requirements.

(2) Guards must 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) A load must not 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

214. If a fuel tank, compressed gas cylinder or similar container contains a hazardous substance and is mounted on materials handling equipment, it must be

(a) located or protected with guards 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

215. (1) Motorized materials handling equipment that is regularly used outdoors must be fitted with a roof or other structure that will protect the operator from exposure to any weather condition that is likely to be hazardous to the operator’s 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 must be protected from the heat by an insulated barrier.

Controls

216. 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 must not hinder or prevent the operator from operating the materials handling equipment.

Fire Extinguishers

217. (1) Materials handling equipment that is used for transporting or handling combustible or flammable substances must be equipped with a dry chemical fire extinguisher.

(2) The fire extinguisher must

(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

218. All materials handling equipment must 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

219. Materials handling equipment that is used or operated by an operator in a work place at night or at any time when the level of lighting within the work place is less than 10 lx, must 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

220. All materials handling equipment must 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

221. (1) Motorized materials handling equipment that is used in an area occupied by employees must be fitted with

(a) a horn or other similar audible warning device for travelling forward at speeds in excess of 8 km/h; and

(b) subject to subsection (2), 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 must be used so that adequate warning is provided.

Seat Belts

222. If materials handling equipment is used under conditions where a seat belt or shoulder strap type restraining device is likely to contribute to the safety of the operator or passengers, the materials handling equipment is to be fitted with belts or devices.

Rear View Mirror

223. If materials handling equipment cannot be operated safely in reverse unless it is equipped with an outside rear view mirror, the materials handling equipment must be so equipped.

Electric Materials Handling Equipment

224. Any materials handling equipment that is electrically powered must 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

225. If materials handling equipment that is controlled or operated by a remote or automatic system may make physical contact with an employee, it must be prevented from doing so by the provision of an emergency stop system or barricades.

Conveyors

226. (1) The design, construction, installation, operation and maintenance of each conveyor, cableway or other similar materials handling equipment must meet the standards set out in ANSI Standard ANSI/ASME B20.1-2009, Safety Standards 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.

DIVISION 3

MAINTENANCE, OPERATION AND USE

Inspection, Testing and Maintenance

227. (1) Before materials handling equipment is operated for the first time in a work place, the employer must set out in writing instructions for the inspection, testing and maintenance of that materials handling equipment.

(2) The instructions must specify the nature and frequency of inspections, tests and maintenance.

(3) The inspection, testing and maintenance of all materials handling equipment must be performed by a qualified person.

(4) The qualified person must

(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) must

(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 must keep, on the 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 Instruction

228. (1) The employer must 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 must 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 must keep a written or electronic 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

229. (1) An employer must not require an employee to operate materials handling equipment unless the employee is an operator who is capable of operating the equipment safely.

(2) A person must not 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) Materials handling equipment must not be operated on a gangway with a slope greater than the maximum slope recommended by the manufacturer of the equipment.

(4) A person must not leave materials handling equipment unattended unless the equipment has been properly secured to prevent it from moving.

(5) Every employer must establish a code of signals for the purposes of paragraph (2)(b) and must

(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) A signaller must not 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 must be provided by the employer for the signaller’s use.

Repairs

230. (1) Subject to subsection (2), any repair, modification or replacement of a part of any materials handling equipment must not decrease the safety of the 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 equipment must 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

231. (1) A load must not 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, an employee must not get on or off of any materials handling equipment while it is in motion.

(3) Subject to subsection (4), repair, maintenance or cleaning work must not 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 equipment is being operated if they are isolated or protected so that the operation of the equipment does not affect the safety of the employee performing the repair, maintenance or cleaning work.

Positioning the Load

232. (1) If materials handling equipment is travelling with a raised or suspended load on a vessel, the operator of the equipment must ensure that the load is carried as close to the deck as the situation permits and in no case is the load to 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 must be securely stored.

Housekeeping

233. The floor, cab and other occupied parts of materials handling equipment must be kept free of any grease, oil, materials, tools or equipment that may create a hazard to an employee.

Parking

234. Materials handling equipment must not 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

235. (1) In this section, “materials handling area” means an area, including the area covered by wide swinging booms or other similar parts, within which materials handling equipment may create a hazard to any person.

(2) The main approaches to any materials handling area must be posted with warning signs or must be under the control of a signaller while operations are in progress.

(3) A person must not 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 must cause the operations in that area to be immediately discontinued and not resumed until that person has left the area.

Dumping

236. (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 equipment to tip, a bumping block must be used or a signaller must give directions to the operator of the equipment to prevent it from falling over the edge.

(2) Every employer who wishes to use signals to direct the movement of motorized materials handling equipment must 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 must be obeyed by the operator.

(4) A signaller must not 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 must 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 must 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 must provide the signaller and the operator with a telephone, radio or other audible signalling device.

Gradients

237. An employee must not operate and the employer must not 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

238. (1) Every enclosed working area in which materials handling equipment powered by an internal combustion engine is used must 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 most recent edition of the American Conference of Governmental Industrial Hygienists publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs).

(2) The employer must 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 must be available for inspection for a period of at least 30 days after the day on which the record was created.

Fuelling

239. (1) If materials handling equipment is fuelled on a vessel, the fuelling is to be done in accordance with the instructions given by the employer under paragraph 228(1)(c) in a place where the vapours from the fuel are readily dissipated.

(2) Subject to subsection (3), an employee must not 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

240. (1) Materials handling equipment must not 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 must 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 must not be more than that safe working load.

(4) If derricks are operated in union purchase and they are not certified and marked in accordance with subsection (3)

(a) the load lifted must 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 must not be more than 120°; and

(c) the attachments and fittings of the cargo runners, guy wires and preventers must be suitable for the loads to which they are subjected.

Clearances

241. (1) On any route that is regularly travelled by materials handling equipment, the overhead and side clearances must be adequate to permit the equipment and its load to be manoeuvred safely by an operator.

(2) Materials handling equipment must not 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

242. (1) If, because of the weight, size, shape, toxicity or other characteristic of materials, goods or things, the manual handling of them may be hazardous to the health or safety of an employee, the employer must issue instructions that the materials, goods or things are, if reasonably practicable, not to be handled manually.

(2) If an employee is required to manually lift or carry a load in excess of 10 kg, the employer must 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

243. The following definitions apply in this Part.

“airborne chrysotile asbestos” means airborne fibres longer than 5 micrometers (µm) with an aspect ratio equal to or great than 3:1. (fibres de chrysotile aéroportées)

“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

244. 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

245. (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 must, 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, as the case may be, of the proposed investigation and of the name of the person appointed to carry out that investigation.

(2) In the investigation, the following criteria must 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) whether the percentage of oxygen is within the range prescribed in section 196;

(h) the value, level or percentage of the hazardous substance to which an employee is likely to be exposed; and

(i) whether the value, level or percentage referred to in paragraph (h) is likely to be more than that prescribed in sections 195 or 255.

(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, as the case may be, the marine chemist or other qualified person must 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 246 to 257.

(4) The employer must 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

246. A person must not use a hazardous substance for any purpose in a work place if it is reasonably practicable to substitute it with an equivalent substance that is not a hazardous substance or a substance that is less hazardous.

247. If the health of employees working in a work place is likely to be endangered by skin contact with a hazardous substance, the employer must provide a wash area with wash basins supplied with hot and cold water.

Ventilation

248. Every ventilation system used to control the concentration of an airborne hazardous substance must 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 255(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

249. If reasonably practicable, automated warning and detection systems must 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

250. (1) Every hazardous substance stored, handled or used in a work place must 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 must be confined to as small an area as practicable.

(3) Every container for a hazardous substance that is used in a work place must 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 must, 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 must adopt and implement the standards set out in the 2007 edition of the United States National Fire Protection Association publication entitled NFPA 77:Recommended Practice on Static Electricity.

Warning of Hazardous Substances

251. If a hazardous substance is stored, handled or used in a work place, signs must 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

252. Every assembly of pipes, including pipe fittings, valves, pumps, compressors and other fixed equipment that is used for transferring a hazardous substance from one location to another must be

(a) labelled to identify the hazardous substance transferred by it; and

(b) fitted with control and safety devices to ensure its safe operation, maintenance and repair.

Employee Education

253. (1) Every employer must, in consultation with the work place committee or the health and safety representative, as the case may be, develop and implement an employee education program with respect to hazard prevention and control at the work place.

(2) The employee education program must include

(a) issuing instructions 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 245(3)(a),

(v) the information disclosed on the material safety data sheet referred to in subsections 258(2) and 262(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 262, 263 or 265 and the purposes and significance of that information;

(b) providing the training and instruction to each employee who is charged with operating, maintaining or repairing an assembly of pipes referred to in section 252 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) providing the training and instruction to each employee referred to in paragraphs (a) and (b) with respect to

(i) the procedures to follow to implement the requirements of subsections 250(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 an electronic version of a material safety data sheet available in accordance with subsections 258(2) and 262(1), the training of each employee in accessing that material safety data sheet.

(3) Every employer must, in consultation with the work place committee or the health and safety representative, as the case may be, 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) The employer must keep a written or electronic record of the employee education program and any training received by each employee.

(5) The employer must make the record readily available for examination by the employee and keep it for a period of 10 years after the day on which the employee ceases to

(a) handle or be exposed to the hazardous substance or be likely to handle or be exposed to the hazardous substance; or

(b) operate, maintain or repair the assembly of pipes.

Medical Examinations

254. (1) If the report referred to in subsection 245(3) contains a recommendation for a medical examination, the employer may consult a physician regarding that recommendation.

(2) If the employer consults a physician and the physician confirms the recommendation for a medical examination, or if an employer does not consult a physician, the employer must not permit an employee to handle 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, the employer must keep a copy of the decision of the physician with the report.

(4) The cost of a medical examination referred to in subsection (2) is to be borne by the employer.

Control of Hazards

255. (1) An employee must not 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 most recent edition of the American Conference of Governmental Industrial Hygienists publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs);

(b) airborne grain dust, respirable and non-respirable, of more than 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 must be sampled by a qualified person and the concentration of the chemical agent determined by test in accordance with

(a) the NIOSH standards set out in the 5th edition of the NIOSH Manual of Analytical Methods(NMAM);

(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 analyzes 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 analyze a representative sample of the chemical agent.

(3) A written or electronic record of each test made under subsection (2) must be kept by the employer on board the vessel where the concentration was sampled for a period of three years after the day on which the test was made.

(4) A record must 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 must 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 must not be more than 10 per cent of the lower explosive limit of the chemical agent or combination of chemical agents.

256. (1) Compressed air, gas or steam must 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 that use; or

(b) that use would result in a concentration of an airborne hazardous substance in excess of the values referred to in paragraph 255(1)(a) or the limits referred to in subsections 255(5) and (6).

(2) Compressed air must not be used for cleaning clothing contaminated with

(a) asbestos; or

(b) a hazardous substance having an exposure limit referred to in paragraph 255(1)(a) or (b) lower than 1 mg/m3.

(3) If compressed air is used to clean clothing,

(a) appropriate eye protection must be worn; and

(b) the maximum compressed air pressure in the line is to be 69 kPa or a safety nozzle limiting the air pressure to no more than 69 kPa must be used.

(4) Compressed air must be used in a manner that the air is not directed forcibly against any person.

Explosives

257. All blasting using dynamite, blasting caps or other explosives must 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

258. (1) Every container of a hazardous substance, other than a controlled product, that is stored, handled, used or disposed of on a vessel must 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 of.

(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 must

(a) obtain a copy of the material safety data sheet; and

(b) make it readily available in the work place for examination by employees.

DIVISION 3

CONTROLLED PRODUCTS

Interpretation

259. 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 under 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 under 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 under section 263. (fiche signalétique du lieu de travail)

Application

260. 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 272.

Material Safety Data Sheets and Labels in Respect of Certain Controlled Products

261. Subject to section 271, every employer must comply with the same requirements as those set out in subsection 258(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 pest control product within the meaning of the Pest Control Products Act,

(iv) a nuclear substance within the meaning of the Nuclear Safety and Control Act that is radioactive,

(v) a restricted product within the meaning of 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

262. (1) If a controlled product, other than a controlled product referred to in paragraph 261(c), is received by an employer on a vessel, the employer must, 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 must, 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 must 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

263. (1) Subject to section 271, if an employer produces on a vessel a controlled product other than a fugitive emission, the employer must 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 271, 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 must 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 must 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

264. (1) Subject to subsection (2), every employer, other than an employer referred to in subsection 262(4), must keep and make 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) the work place material safety data sheet, in the case of an employer who is an employer referred to in subsection 263(1) or (2); and

(b) the supplier material safety data sheet, in any other case.

(2) An employer may make an electronic 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 253(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

265. (1) Subject to sections 266 to 268, each controlled product, other than a controlled product referred to in paragraph 261(c), that is on a vessel and is intended for use on that vessel and each container in which the controlled product is contained on a vessel must, if the controlled product or the container was received from a supplier, have applied to it a supplier label.

(2) Subject to sections 266 to 268 and 271, if a controlled product, other than a controlled product referred to in paragraph 261(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 must apply to the container a supplier label or a work place label that discloses the information referred to in paragraphs 270(a) to (c).

(3) Subject to sections 266 to 268, 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 must 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 on the vessel.

(4) Subject to sections 266 to 268, 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 must apply a work place label to the container that discloses the information referred to in paragraphs (3)(a) to (c).

(5) Subject to sections 266 and 270, a person must not 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

266. 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 265 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

267. An employer must, 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

268. The label of the container of a controlled product in a laboratory on a vessel must 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

269. The information disclosed on a sign referred to in subsection 265(3), section 267 or paragraph 272(b) must be of a size that is clearly legible to the employees in the work place.

Replacing Labels

270. 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 must 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

271. (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 must 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 must, 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

272. If a controlled product on a vessel is hazardous waste, the employer must 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

273. 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

274. 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

275. If an employee becomes aware of an accident or other hazardous 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 must, without delay, report the accident or occurrence to the employer.

INVESTIGATION

276. 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 must, 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, as the case may be, 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

277. The employer must 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 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) an employee’s loss of consciousness as a result of an electric shock, a toxic atmosphere or an oxygen-deficient atmosphere;

(e) an employee’s loss 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 a persons transfer apparatus that renders it unserviceable, or a free fall of a persons transfer apparatus; or

(j) work place violence.

MINOR INJURY RECORD

278. (1) Every employer must 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 must 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

279. (1) If the investigation referred to in section 276 discloses that a hazardous occurrence resulted in the death of an employee, a missing employee, a disabling injury to an employee or an employee’s loss of consciousness by as a result of electric shock or a toxic or oxygen-deficient atmosphere, the employer must 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 direct 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) measures taken or to be taken for the purpose of complying with the Act, in addition to those required by the regulations;

(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 must 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, as the case may be.

ANNUAL REPORT

280. (1) Every employer must, 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 must contain the following information:

(a) the year for which the report is submitted;

(b) the employer identification number;

(c) the work place address;

(d) the number of disabling injuries;

(e) the number of deaths;

(f) the number of minor injuries;

(g) the number of other hazardous occurrences;

(h) the total number of employees;

(i) the number of office employees;

(j) the total number of hours worked;

(k) the submitting officer’s name and title;

(l) the date of submission; and

(m) the telephone number.

RETENTION OF REPORTS AND RECORDS

281. Every employer must 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.

PART 22

REPEAL AND COMING INTO FORCE

REPEAL

282. The Marine Occupational Safety and Health Regulations (see footnote 1) are repealed.

COMING INTO FORCE

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

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issue: The previous Marine Occupational Safety and Health Regulations came into force under Part II of the Canada Labour Code in 1987 and have never undergone major revisions. The previous Regulations prescribed health and safety standards for federally regulated employers to protect the health and safety of their employees employed on board vessels. There was a need to review and update the previous regulatory provisions in order to promote consistency with other related Canadian regulations and to reflect current national and international standards as well as current marine industry practices.

Description: The Maritime Occupational Health and Safety Regulations (the Regulations) will replace the previous Regulations in order to harmonize the new regulatory provisions with the Canada Occupational Health and Safety Regulations, with other regulations made under the Canada Shipping Act, 2001 (CSA 2001), with certain provisions of the International Labour Organization Maritime Labour Convention, 2006 (MLC 2006), including provisions to support the eventual ratification of this Convention by Canada, as well as current national and international standards and marine industry practices.

Cost-benefit statement: The cost of the new provisions to employers in the federally regulated marine sector is expected to be substantially lower than the expected economic benefits. For the provisions pertaining to hazard prevention programs and the prevention of violence in the work place (which mirror the provisions currently contained in the Canada Occupational Health and Safety Regulations), a Positive Net Present Value figure (benefits exceeding costs) indicates economic viability and value to the public. A positive average annual net impact of approximately $1.1 million (in constant 2010 dollars) for the 20-year cost/benefit period is anticipated from these new provisions.

Business and consumer impacts: Impacts are considered to be minimal. The provisions pertaining to hazard prevention programs and the prevention of violence in the work place will require employers to document and administer the prevention programs and train employees. However, it is anticipated that this may contribute to Canadian competitiveness through the avoidance of various economic losses generated by occupational illness and accidents.

International trade agreements or obligations: The provisions pertaining to certain requirements derived from the MLC 2006 will only affect new large vessels conducting international voyages when the MLC 2006 is ratified and comes into force in Canada. The majority of owners of such new large Canadian vessels are likely to comply with the applicable requirements of the MLC 2006 regardless of the adoption of the provisions and the ratification of the Convention by Canada, due to the fact that their vessels will be conducting international voyages to jurisdictions that have ratified the MLC 2006. Therefore, it is not expected that the provisions will have any significant impact on the regulated community.

The provisions pertaining to certain other requirements derived from the MLC 2006 reflect and clarify practices that the Canadian marine industry has been operating under for many years. As such, they are not expected to have any significant impact on the regulated community.

Domestic and international coordination and cooperation: The inclusion of provisions derived from the MLC 2006 in the Regulations will contribute to support the eventual ratification of this Convention by Canada.

Issue

The Regulations are made under Part II of the Canada Labour Code, and prescribe health and safety standards for federally regulated employers to protect the health and safety of their employees employed on board vessels. The Regulations set similar standards to those set in the Canada Occupational Health and Safety Regulations, but take into account the particular characteristics of vessels as a work place and those granted access to such vessels, for the purpose of preventing accidents and injury to health arising out of, linked with or occurring in the course of employment. Employees to whom the Regulations apply are also protected under the Canada Occupational Health and Safety Regulations when they are not on board.

The previous Regulations, which came into force in 1987, needed to be reviewed and updated to be consistent with the Canada Occupational Health and Safety Regulations, with other regulations made under the CSA 2001, and with certain provisions of the MLC 2006, as well as to reflect current national and international standards and marine industry practices.

Objectives

The purpose of the Regulations is to prevent accidents and injury to health occurring in the course of employment. The new provisions ensure that work places are safe, healthy, fair, stable, cooperative and productive.

The new provisions enhance health and safety protection for workers on board vessels, taking into consideration the particularities of a vessel as a working environment, and promote consistency with existing health and safety provisions under the CSA 2001.

The new provisions also include provisions to support the eventual ratification of the MLC 2006 by Canada.

Description

The regulatory changes

  • Harmonize the Regulations with 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 industry, national and international standards; and
  • Implement certain requirements derived from the MLC 2006.

The following are the key elements of the new provisions:

Hazard prevention program

The new provisions include the reproduction of Part XIX of the Canada Occupational Health and Safety Regulations into the 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 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 new provisions include the reproduction of Part XX of the Canada Occupational Health and Safety Regulations into the 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 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 new 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) have been included in the Regulations in subsection 7(3).

Provisions derived from the MLC 2006

The new 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 will 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 regulatory changes is the modernization and update of the work place health and safety regulations in the marine sector.

These new provisions are 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) Provisions related to the Hazard Prevention Program and the Violence Prevention in the Work Place Program

A cost-benefit analysis of the addition of the Hazard Prevention Program and the Violence Prevention in the Work Place Program requirements to the Regulations was completed, and updated in November 2009. The updated, 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 updated report includes a description of the detailed methodology used in the cost-benefit analysis.

The Hazard Prevention Program and the Violence Prevention in the Work Place Program are expected to lead to better recognition of potential workplace safety hazards, which in turn will reduce the number of injuries and fatalities in the marine transportation sector. This will 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) are estimated at over $35.3 million for the 20-year cost-benefit analysis period (or averaged approximately $1.75 million per year). Total discounted costs (Net Present Value) were estimated at $12.6 million in constant 2010 dollars (or, on average, approximately $630,000 per year). As a result, in constant 2010 dollars, net discounted benefits were estimated to be $22.6 million over the next 20 years (or an average of approximately $1.1 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 $5.7 million (current), the majority of which, estimated at $4 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 $1.2 million (current).

The Net Present Value of the Regulations over 20 years, with a social discount rate taken at 8%, indicates total benefits exceeding the total costs by $22.6 million (expressed in constant 2010 dollars), on total 20-year benefits of $35.3 million and total costs of $12.6 million.

Over the next 20 years, the anticipated costs to employers pursuant to the inclusion in the Regulations of the new 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 2.8 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 workplace accident rate is felt across the marine transportation sector.

(2) 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 new provisions update the references to the CSA 2001 regulations currently in force and 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) Provisions related to provisions derived from the MLC 2006

(a) The new 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 new provisions derived from Title 3 of the MLC 2006 will apply to the construction of new vessels of over 200 gross tonnage engaged on international voyages. These new provisions will apply in Canada when the Convention is ratified by Canada and comes into force. Vessels built prior to the coming into force of these new provisions will not be affected. Also not affected are

  • vessels less than 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.

Approximately 5% of the Canadian fleet of over 200 gross tonnage are involved in conducting international voyages. In practice, for such vessels, the majority of Canadian shipowners will comply with the applicable requirements of the MLC 2006 regardless of the adoption of the new provisions in the Regulations. This is due to a particular clause in the MLC 2006, (see footnote 2) the effect of which is to require Canadian vessels visiting a port in a foreign state that has ratified the MLC 2006 to meet the applicable provisions of that Convention, whether or not the Convention is ratified by Canada. (see footnote 3)

(b) The new provisions derived from Title 4 of the MLC 2006 will apply at large when the new provisions come into force. These new provisions reflect and clarify practices that the Canadian marine industry has been operating under for many years. As such, the new provisions are not expected to have any significant impact on the regulated community.

Accordingly, it is not expected that the new provisions derived from the MLC 2006 will have any significant impact on the regulated community.

Consultation

Between 1999 and 2002, prior to the coming into force of the CSA 2001, Transport Canada Marine Safety (TCMS) and HRSDC-Labour Program jointly conducted employer/employee pan-Canadian consultations on potential changes to the Regulations. These consultation sessions were held at the regional and national Canadian Marine Advisory Council (CMAC) meetings. (see footnote 4) In addition, outreach meetings were held in Halifax, Toronto and Vancouver with various groups to address specific areas of concern. The stakeholders consulted represented a large proportion of the marine industry in Canada and included major marine unions, employer groups and fleet owners.

The main purpose of the consultations was to achieve consensus on the potential changes to Parts I to XIII of the Regulations. Proposed change topics included housekeeping items such as the re-organization of the structure of certain parts of the Regulations, wording changes to achieve consistency with other regulatory requirements under Part II of the Canada Labour Code (for example, the Canada Occupational Health and Safety Regulations), updating of documents incorporated by reference, as well as the updating of certain regulatory requirements to take into account technological advances.

Following these consultations, a number of issues were left outstanding due to lack of consensus. An occupational health and safety technical advisor (third party) was retained and tasked to review and recommend on the disposition of these non-consensus items. In late 2004, all these non-consensus items were resolved by the HRSDC-Labour Program and TCMS following an analysis of the technical advisor’s recommendations, and a document was produced consolidating all proposed changes.

Following the coming into force of the CSA 2001 in July 2007, TCMS and the HRSDC-Labour Program announced, at the National CMAC meeting of November 3, 2008, that the scope of the proposed changes will be expanded to incorporate

  • provisions related to occupational safety and health that are already in force under a number of different regulations made pursuant to the CSA 2001;
  • the Hazard Prevention Program and Violence Prevention in the Work Place Program requirements that are in the Canada Occupational Health and Safety Regulations; and
  • 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.”

The consolidated document of 2004 was therefore updated with these expanded proposals and was circulated and reviewed at the November 2008 National CMAC meeting in Ottawa. A Working Group was established, which provided a forum for employer/ employee consultations facilitated jointly by the HRSDC-Labour Program and TCMS. Consensus was reached on the agenda items, and stakeholders in general supported the proposed changes.

In addition to comments gathered by the Working Group and at the November 2008 National CMAC meeting, stakeholders were given the opportunity to provide comments up to December 19, 2008. A few written submissions were received by the end of the comment period. All comments were consolidated, carefully reviewed and incorporated where appropriate by officials of TCMS and the HRSDC-Labour Program. TCMS responded in writing to each of the written submissions. An updated information paper outlining the proposed regulatory changes was made available to stakeholders for consultation prior to the April 2009 National CMAC meeting in Ottawa.

Pre-publication

The proposed Regulations were pre-published in the Canada Gazette, Part I, on August 22, 2009, followed by a 30-day public comment period.

A significant number of questions and comments regarding a broad range of subjects were received. Comments were reviewed and addressed, bearing in mind the overall objective of harmonizing the Regulations’ provisions with those of the Canada Occupational Health and Safety Regulations, while recognizing the specific working conditions in the marine sector.

The main comments from stakeholders were related to the proposed definition of certain terms, suggestions to define additional terms, the presence of non-generic, legacy or redundant terms and provisions, as well as consistency with certain provisions of the International Convention on the Safety of Life at Sea, the MLC 2006, the Marine Personnel Regulations and the Occupational Health and Safety Regulations. Concerns were also expressed in relation to the additional hurdles and costs that would have been imposed on employers by certain proposed provisions, such as the proposal to require work permits to be issued for most types of work and the proposal to require the employer to provide protective footwear to employees. Furthermore, concerns were also expressed about the feasibility of some of the proposed provisions, such as the proposal for materials handling equipment used outdoors to be equipped with weatherproof and climate-controlled compartments.

The main changes to the proposed Regulations resulting from comments include the following:

  • The addition and modification of certain definitions (e.g. “rest” is now defined, and the definition of “lock out” was changed) and the harmonization of the units pertaining to levels of lighting, to be all expressed in lux (lx) throughout the Regulations.
  • The harmonization of the regulatory requirements with provisions of the International Convention on the Safety of Life at Sea and the Marine Personnel Regulations (e.g. adjustment to the maximum length of rope ladders and inclusion of references to the applicable provisions of the Marine Personnel Regulations for the provision of on board hospital accommodation);
  • The harmonization of the requirements related to the provision of medical and dental care to seafarers on board Canadian vessels or Canadian vessels landed in a foreign port with applicable MLC 2006 provisions, and for consistency with the practices of the Canadian health care system (e.g. employers are required to cover costs in emergency situations only);
  • The removal of the requirement derived from the Occupational Health and Safety Regulations to provide retraining on violence prevention in the workplace every three years, in order to account for the practices and the context of the marine sector.

The report entitled “Cost-Benefit Analysis for the New Maritime Occupational Health and Safety Regulations” was also amended following pre-publication based on comments received: figures associated with the costs of implementing the requirements pertaining to the Hazard Prevention Program and the Violence Prevention in the Work Place Program were revised and adjusted.

A Working Group was convened on November 4, 2009, during the November 2009 National CMAC meeting in Ottawa to further consult stakeholders on specific issues raised during the comment period. In advance of the Working Group meeting, stakeholders were provided with documents summarizing and categorizing all comments and questions received and their proposed disposition. While the primary purpose of the Working Group was to consult stakeholders on the specific topics in order to attempt to achieve consensus between employee and employer representatives on the disposition of those topics, stakeholders were also provided with an opportunity to offer further input on the disposition of the other comments.

As a result of the Working Group meeting, consensus was achieved on several issues. A summary of the main issues and their disposition is outlined below:

  • Amendments were made to some of the definitions, for example “confined space” and “hot work”, to better reflect the Canada Occupational Health and Safety Regulations.
  • Provisions related to accommodation ladders and gangways were clarified, and additional safety requirements were added, such as the fitting of safety nets and specifying a maximum angle to the horizontal, based on recommendations from the International Labour Organization Code of Practice, Safety and Health in Ports. Furthermore, existing accommodation ladders and gangways were grandfathered to permit their continued use, thereby reducing cost impacts while not adversely affecting the safety of the employees.
  • Provisions were added in order to require an assessment of each specific type of work or particular situation for the purpose of determining the presence of hazards, as well as requiring work permits only when necessary for the safety of the employees. As well, this reduces the administrative burden associated with the issuance and handling of work permits. As such, adjustments were made to relevant regulatory requirements including provisions related to “hot work” and provisions in Part 13 of the Regulations.
  • Certain record-keeping requirements were discussed and, as a result, the requirement for the employer to provide a written report in cases where the level of sound could not be maintained below prescribed levels was deleted. Furthermore, the text was adjusted to clarify the documents that are required to be carried on board.
  • Provisions allowing the use of life jackets meeting the standards of the International Convention on the Safety of Life at Sea were added.

The following changes have also been made to the proposed Regulations even though consensus between employee and employer representatives could not be achieved:

  • The average level of lighting in working, walking and climbing areas for which no specific average level of lighting is prescribed is set to 50 lx, with a minimum level of 30 lx at any place in those areas. This change is based on additional research comparing prescribed minimum levels of lighting for similar situations in the Canada Occupational Health and Safety Regulations, marine legislation in other jurisdictions including the United States, and on International Labour Organization recommendations.
  • The proposed Regulations introduced a new requirement for employers to provide protective footwear if there is a hazard of a foot injury or electric shock through footwear in a work place. The wording of the section pertaining to protective footwear has since been amended in order to reflect the policy intent of the Canada Occupational Health and Safety Regulations, which is in keeping with one of the principal objectives of the new Regulations. As such, the Regulations require employers to ensure that protective footwear is worn while not requiring employers to provide it.
  • The proposed Regulations introduced a new requirement to fit all materials handling equipment used outdoors with weatherproof compartments and climate controls to protect the operators from work-related exposures and weather conditions that are likely to be hazardous to their health or safety. It was determined that this proposal did not meet one of the objectives of the Regulations, which is to be harmonized to the extent feasible with the Canada Occupational Health and Safety Regulations. As a result, the wording in the section of the Regulations addressing materials handling equipment requirements was amended to reflect the provisions of the Canada Occupational Health and Safety Regulations. As such, the Regulations require that motorized materials handling equipment used outdoors to be fitted only with a roof or other structure to protect the operator from exposure to weather conditions that are likely to be hazardous.

Other provisions that were discussed and for which a consensus between employee and employer representatives could not be achieved included the proposed provisions to wear a safety harness attached to a lifeline when entering a confined space, and the requirements to have two or more employees, one of them holding a first aid certificate, to be present in the immediate vicinity of a confined space during confined space entry. These requirements have been retained in the Regulations, as it was determined that their outright removal without conducting adjustments to other regulatory provisions would not provide an acceptable level of safety.

Implementation, enforcement and service standards

Consulting with employer and employee groups during the development of the new regulatory provisions and following their implementation are a means of ensuring that the requirements of the Canada Labour Code and the Regulations are understood and complied with following their coming into force. TCMS will be using its normal communication channels to inform stakeholders of the coming into force of the new provisions. This includes the issuance of Ship Safety Bulletins, information booklets and pamphlets, which will be available to stakeholders on the Transport Canada Web site, at various outreach sessions across the country, and at CMAC meetings and delivered by mail.

Pursuant to a Memorandum of Understanding between the HRSDC-Labour Program and TCMS, activities intended to enforce the Regulations are delegated to TCMS Health and Safety Officers.

In the work place, policy and work place health and safety committees are the primary mechanism through which employers and employees work together to resolve job-related health and safety problems. TCMS health and safety officers assist federally regulated marine sector employers in establishing effective policy and work place health and safety committees and related health and safety programs by providing guidance and counselling to employers on the requirements of the Canada Labour Code and the Regulations.

The statutory powers of health and safety officers, as set out in Part II of the Canada Labour Code, allow these officers to enter a work place to perform various activities to enforce compliance with the Canada Labour Code and the Regulations, including the new provisions. For example, they will conduct safety inspections and audits as part of routine periodic inspections carried out on board vessels. Health and safety officers will also examine and investigate complaints, refusals to work, hazardous occurrences and fatalities.

Enforcement actions for non-compliance with the requirements of the Canada Labour Code and the Regulations range from obtaining an Assurance of Voluntary Compliance to the issuance of a direction and, finally, the initiation of a prosecution. Initially, an attempt to correct non-compliance with the Canada Labour Code or the Regulations which does not represent a dangerous condition is made through the use of an Assurance of Voluntary Compliance, a written commitment provided by the employer to the health and safety officer, that the contravention will be corrected within a specified time. In cases of danger, or when an employer has failed to honour an Assurance of Voluntary Compliance, the health and safety officer may issue a direction to do so. Should a prosecution be initiated against an employer for failure to comply, the maximum penalty for offences is, on summary conviction, a fine of $1 million, or on conviction on indictment, imprisonment for up to two years and/or a fine of $1 million.

Contacts

Carli Disano
Policy Analyst
Occupational Health and Safety Policy Unit
Labour Program
Human Resources and Skills Development Canada
165 Hôtel-de-Ville Street
Place du Portage, Phase II, 10th Floor
Gatineau, Quebec
K1A 0J2
Telephone: 819-953-5270
Fax: 819-953-4830
Email: carli.disano@labour-travail.gc.ca

Manuel Kotchounian
Team Leader
Regulatory Affairs (AMSXP)
Transport Canada, Marine Safety
Place de Ville, Tower C
330 Sparks Street
Ottawa, Ontario
K1A 0N8
Telephone: 613-990-4677
Fax: 613-991-5670
Email: manuel.kotchounian@tc.gc.ca

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

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

Footnote 1
SOR/87-183; SOR/95-74

Footnote 2
The “no more favourable treatment” clause, designed to encourage and facilitate fair and equitable application of the MLC 2006 throughout the international maritime industry.

Footnote 3
It should be noted that Canadian shipowners are in favour of and have long been supporting the ratification of the MLC 2006 by Canada.

Footnote 4
CMAC is Transport Canada’s national consultative body for marine matters. Members include representatives of individuals and parties that have a recognized interest in boating and shipping concerning safety, recreational matters, navigation, marine pollution and response and marine security.