Vol. 148, No. 13 — June 18, 2014

Registration

SOR/2014-141 May 29, 2014

CANADA LABOUR CODE

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

P.C. 2014-627 May 29, 2014

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

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

AMENDMENTS

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

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

• (a) a toe board that
  • (i) extends above the floor of the raised area, and
  • (ii) prevents tools or other objects from falling; or
• (b) if the tools or the other objects are piled to such a height that a toe board will not prevent the tools or the other objects from falling, a solid or mesh panel that extends from the floor of the raised area to a height of not less than 450 mm.
  

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

• (a) tied in a manner that, if they fall, employees beneath the platform will be protected; or
• (b) placed in a way that, if they fall, they will be caught by a safety net that shall be positioned so as to protect from injury any employee on or below the platform or other raised area.
  

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

RÉSERVOIR SOUS PRESSION ENFOUI

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

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

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

• (a) appoint a qualified person to carry out an investigation; and
• (b) notify the work place committee or the health and safety representative, if either exists, of the proposed investigation and of the name of the qualified person appointed to carry out that investigation.

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

• (a) the chemical, biological and physical properties of the hazardous substance;
• (b) the routes of exposure to the hazardous substance;
• (c) the effects to safety and health caused by exposure to the hazardous substance;
• (d) the state, concentration and quantity of the hazardous substance handled;
• (e) the manner in which the hazardous substance is handled;
• (f) the control methods used to eliminate or reduce exposure to the hazardous substance;
• (g) the possibility that the concentration of the hazardous substance to which an employee is likely to be exposed exceeds the limit referred to in section 11.23;
• (h) the possibility that the level of lighting in the work place is less than the level prescribed in Part VII; and
• (i) the possibility that the level of sound in the work place is greater than the level prescribed in Part VIII.
  

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

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

• (a) if the substance is a chemical agent, the concentration of the chemical agent does not exceed the limits prescribed in sections 11.23 and 11.24; and
• (b) if the substance is not a chemical agent, the concentration of the substance is not hazardous to the safety or health of employees.

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

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

• (a) an airborne chemical agent, other than grain dust, in excess of the limit for that chemical agent adopted by the American Conference of Governmental Industrial Hygienists in its publication entitled Threshold Limit Values and Biological Exposure Indices for 1986-1987;
• (b) airborne grain dust, respirable and non-respirable, in excess of 10 mg/m³; or
• (c) an airborne hazardous substance, other than a chemical agent, that is hazardous to the safety and health of the employee.
  

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

• (a) the standards set out by the United States National Institute for Occupational Safety and Health in the NIOSH Manual of Analytical Methods, Third Edition, Volumes 1 and 2, dated February 1984; or
• (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.
  

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

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

• (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.

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

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

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

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

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

• (a) the concentration of any chemical agent in the confined space
  • (i) to which the person is likely to be exposed does not exceed the limit referred to in subsection 11.23(1), and
  • (ii) does not exceed the limit referred to in section 11.24;
• (b) the concentration of airborne hazardous substances, other than chemical agents, in the confined space is not hazardous to the safety or health of the person;
• (c) the concentration of oxygen in the atmosphere in the confined space is not less than 18% by volume and not more than 23% by volume, at normal atmospheric pressure, and in any case the partial pressure of oxygen is not less than 135 mm Hg;
• (d) the requirements set out in paragraphs (a) to (c) are maintained during the entire period of proposed occupancy of the confined space by the person;
• (e) any liquid in which a person may drown or any free-flowing solid in which a person may become entrapped has been removed to the extent possible from the confined space;
• (f) 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;
• (g) all electrical and mechanical equipment that presents a hazard to a person entering into, exiting from or occupying the confined space has been disconnected from its power source and locked out; and
• (h) 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.
  

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

• (a) set out
  • (i) the location of the confined space,
  • (ii) a record of the results of the tests made in accordance with subsection (1), and
  • (iii) an evaluation of the hazards of the confined space;
• (b) if the employer has established procedures to be followed by a person entering into, exiting from or occupying the confined space, identify which of those procedures are to be followed;
• (c) if the employer has not established the procedures referred to in paragraph (b), set out the procedures to be followed by a person referred to in that paragraph;
• (d) identify the protection equipment referred to in Part XIII that is to be used by every person granted access to the confined space;
• (e) identify which of the emergency procedures are to be followed 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, including immediate evacuation of the confined space when
  • (i) an alarm is activated, or
  • (ii) there is any significant change in the limit or concentration referred to in subsection (1);
• (f) if the employer has not established emergency procedures referred to in paragraph (e), set out emergency procedures to be followed, including immediate evacuation of the confined space in the circumstances referred to in that paragraph; and
• (g) specify the protection equipment, emergency equipment and any additional equipment to be used by an employee who undertakes rescue operations in the event of an accident or other emergency.

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

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

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

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

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

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

• (a) the confined space shall be ventilated in accordance with subsection (2); or
• (b) every employee who enters into, exits from and occupies the confined space shall use a respiratory protective device that meets the requirements of section 13.7.

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

• (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
• (b) in the event of a failure of the ventilation equipment, sufficient time is available for the person to escape from the confined space before
  • (i) the person’s exposure to or the concentration of a hazardous substance in the confined space exceeds the limit prescribed in paragraph 12.2(1)(a),
  • (ii) the concentration of airborne hazardous substances, other than chemical agents, in the confined space is hazardous to the safety or health of the person, or
  • (iii) the concentration of oxygen in the atmosphere ceases to meet the requirements of paragraph 12.2(1)(c).
    

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

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

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

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

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

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

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

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

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

• (a) a medic, who may be one of the employees, shall, to the extent possible, be available in the work place; or
• (b) when it is not possible for a medic to be available in the work place, the employer shall make arrangements to have a medic available at all times
  • (i) for consultation, and
  • (ii) to be transported to the work place.
    

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

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

• (a) be assigned to a first aid station or first aid room;
• (b) be available at all times to employees in the work place; and
• (c) render first aid to employees that are injured or ill at the work place.
  

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

• (a) in the definition “endroit présentant un risque d’incendie” in section 1.1;
• (b) paragraph 2(a) of the schedule to Part VII;
• (c) paragraph 4(b) of the schedule to Part VII;
• (d) section 10.16;
• (e) subsection 10.18(1);
• (f) paragraph 10.32(a);
• (g) paragraph 10.35(c);
• (h) section 10.36;
• (i) paragraph 10.38(1)(b) and subsection 10.38(3);
• (j) the heading of Part XI;
• (k) the definitions “fournisseur”, “identificateur du produit” and “renseignements sur les dangers” in section 11.1;
• (l) section 11.6;
• (m) sections 11.9 to 11.14;
• (n) section 11.15 and the heading before it;
• (o) sections 11.18 to 11.22;
• (p) the heading of Division II of Part XI;
• (q) sections 11.29 and 11.30;
• (r) paragraph (c) of the definition “espace clos” in section 12.1;
• (s) subsection 12.5(1);
• (t) subsection 13.7(1);
• (u) section 15.8;
• (v) subsection 15.52(2);
• (w) paragraph 16.4(1)(g);
• (x) subsection 17.12(1); and
• (y) subparagraph 17.14(f)(iv).

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

• (a) the heading of Part VI;
• (b) the definitions “inspecteur” and “réseau de canalisation” in section 6.1;
• (c) paragraphs 6.2(b) to (f);
• (d) sections 6.3 to 6.6;
• (e) sections 6.8 and 6.9;
• (f) section 6.11; and
• (g) subparagraphs 6.12(2)(b)(ii) to (v).

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

COMING INTO FORCE

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

SCHEDULE
(Section 16)

SCHEDULE I
(Subsection 16.4(3))

HAZARDOUS OCCURRENCE INVESTIGATION REPORT

HAZARDOUS OCCURRENCE INVESTIGATION REPORT FORM
Employment and Social Development Canada HAZARDOUS OCCURRENCE INVESTIGATION REPORT	1. Type of occurrence			2. Department file no.
	Explosion  Disabling injury  Other	Loss of consciousness  Emergency procedure _________________ Specify
				Regional or district office
				Employer ID no.
3. Employer’s name and mailing address				Postal code
				Telephone number
Site of hazardous occurrence		Date and time of hazardous occurrence
		Weather
		Supervisor’s name
Witnesses		Operator
Identification of drilling rig, drilling unit, production facility or support craft
4. Description of hazardous occurrence
Brief description and estimated cost of property damage			Operation in progress
5. Injured employee’s name (if applicable)			Age		Sex
Occupation			Years of experience in occupation
Description of injury
Was training in accident prevention previously given to injured employee in relation to duties performed at the time of the hazardous occurrence?
Yes No Specify
6. Direct causes of hazardous occurrences
7. Corrective measures and the date on which employer will implement them
Reasons for not taking corrective measures
Supplementary preventive measures
8. Name of person investigating		Signature			Date
Title		Telephone number
9. Work place committee’s or health and safety representative’s comments
Work place committee member’s or health and safety representative’s name		Signature			Date
Title		Telephone number
Lab 369 (O&G) (rev. 2013–06–001) COPIES 1 & 2 to Health and Safety Officer, COPY 3 to the Work Place Committee or Health and Safety Representative, COPY 4 to the Employer

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the regulations.)

Issues

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

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

Background

OGOSHR

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

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

Part II of the COHSR

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

Part V of the COHSR

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

Part XVI of the COHSR

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

Objectives

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

• correct inconsistencies between French and English versions of the regulations;
• correct unclear language to ensure that legal obligations are well understood;
• correct an ambiguity introduced by recent amendments to Part II of the COHSR; and
• correct an erroneous reference to a section in OGOSHR.

Description

OGOSHR

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

• In paragraph 3.11(2)(b) an issue relates to the clarity of the language. The SJCSR argues that the wording is not clear as to whether a legal obligation is imposed on the employer to install a safety net where a toe board cannot be installed on a platform or other raised area. The amendments will indicate that the employer has a legal obligation to install a safety net where toe boards cannot be installed.
• In Part VI of the Regulations, the term “appareil sous pression” is replaced by “réservoir sous pression” to be consistent with subparagraph 125(k)(i) of the Canada Labour Code.
• In Part XI and XII, amendments will fix inconsistencies in the use of “value”, “percentage” and “value, level or percentage.”
• In Schedule I to Part XVI, the words “raisons pour lesquelles aucune mesure corrective n’a été prise” are replaced by “raisons pour lesquelles aucune mesure corrective ne sera prise,” as corrective measures should be contemplated to avoid future occurrences of hazardous incidents. Also, the message “See reverse for INSTRUCTIONS au verso” is removed since there are no such instructions.
• In Part XVII, the amendments will fix discrepancies between the French and English version surrounding the term “readily available.”
• The last issue identified by the SJCSR concerns the format of the heading found in the English version of Schedule IV to Part XVII. The amendments will modify the format of the heading in the English version to ensure consistency with the French version.

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

Part II of the COHSR

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

Part V of the COHSR

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

Part XVI of the COHSR

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

Miscellaneous amendments to both OGOSHR and COHSR

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

“One-for-One” Rule

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

Small business lens

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

Consultation

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

Rationale

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

Implementation, enforcement and service standards

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

Contact

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

• Footnote a
  S.C. 2000, c. 20, s. 5
• Footnote b
  S.C. 2000, c. 20, s. 20
• Footnote c
  R.S., c. L-2
• Footnote 1
  SOR/87-612; SOR/94-165