Newfoundland and Labrador Gazette, Part I — 14 August 2009, Vol. 84, No. 33 — Government Notices and Official Publications

NLG 2009-08-14

Newfoundland and Labrador — Gazette

329 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 84 ST. JOHN’S, FRIDAY, AUGUST 14, 2009 No. 33 CORPORATIONS ACT Corporations Act -

Section 393 Local Incorporations For the Month of: June 2009 Date Number Company Name 2009-06-01 60290 D.H.M.D SERVICES INC. 2009-06-01 60293 DOWNTOWN STEPHENVILLE BUSINESS IMPROVEMENT ASSOCIATION CORPORATION 2009-06-01 60291 KING GROUP OF COMPANIES INC. 2009-06-02 60299 MAMU TSHISHKUTAMASHUTAU / INNU EDUCATION INC. 2009-06-02 60301 NORTH ATLANTIC FUR GROUP (CANADA) LTD. 2009-06-02 60306 SHEA RENOVATIONS AND RESTORATIONS GENERAL CONTRACTOR INC. 2009-06-02 60300 SUNDROPS & SCISSORWORKS INC. 2009-06-02 60295 gingersnap general store inc. 2009-06-02 60296 LCS Consulting Limited 2009-06-02 60297 Pratt Falls Salmon Lodge Ltd. 2009-06-03 60309 AMAULIGAK SERVICES & CONTRACTING LTD. 2009-06-03 60312 CASTLE HILL LANDING INC. 2009-06-03 60308 J AND B ENGINEERING (NEWFOUNDLAND) INC. 2009-06-03 60302 Delta Construction Ltd. 2009-06-03 60303 Executive Solutions Inc. 2009-06-03 60304 Stamps & Stuff Inc. 2009-06-03 60305 NJG SERVICES INC. 2009-06-03 60307 60307 NEWFOUNDLAND & LABRADOR INC. 2009-06-04 60324 60324 NEWFOUNDLAND & LABRADOR INC. 2009-06-04 60323 CASCADE LANDSCAPE AND DESIGN INC. 2009-06-04 60326 DR.

AMIN ADDETIA

(2009) PROFESSIONAL MEDICAL CORPORATION 2009-06-04 60325 E & N HOLDINGS LIMITED 2009-06-04 60315 Dr. Birender Wadhwa PMC Inc. 2009-06-04 60317 MAIN BROOK CONVENIENCE LTD. 2009-06-04 60320 Triple S Distributors Inc. 2009-06-04 60321 Stairways by Design Ltd. 2009-06-05 60330 WATERMAN TANNING SERVICES LTD. 2009-06-05 60328 60328 NEWFOUNDLAND AND LABRADOR CORPORATION 2009-06-05 60329 Canadian International Studies Ltd. 2009-06-08 60333 PID HOLDINGS 2009 INC. 2009-06-09 60341 ANUA ENTERPRISES LTD. 2009-06-09 60339 EASTERN HVAC LTD. 2009-06-09 60337 FINN VENTURES INC.

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 14, 2009 330 2009-06-10 60351 BAY ROBERTS RETIREMENT CENTRE LIMITED 2009-06-10 60352 GRC EXCAVATING SERVICES INC 2009-06-10 60346 KENDALL'S MECHANICAL LTD. 2009-06-10 60347 PROVINCIAL FENCE AND SPECIALTIES LTD. 2009-06-10 60345 SAPPHO'S CAFE INC. 2009-06-10 60348 SEASIDE PERSONAL CARE HOME LTD. 2009-06-10 60350 WATERFORD ENERGY NL INC. 2009-06-10 60334 Aylward's Designs Plus Inc. 2009-06-10 60335 Ceviche Cuisine Inc. 2009-06-10 60336 Down to Earth Distributors Inc. 2009-06-10 60338 60338 NEWFOUNDLAND & LABRADOR LTD. 2009-06-10 60340 Top Notch Contracting NL LTD 2009-06-10 60342 Big Land Resources Inc. 2009-06-10 60343 Quality Electric Ltd. 2009-06-10 60344 Newhook's Cranberry Farm Inc. 2009-06-11 60355 QUICK SHOT CONTRACTING INC. 2009-06-11 60356 RE DO CONSTRUCTION LIMITED 2009-06-11 60358 SPENCE PROPERTY MANAGEMENT LTD. 2009-06-11 60349 Privileged Day Spa and Design Inc. 2009-06-11 60353 60353 NEWFOUNDLAND & LABRADOR INC. 2009-06-11 60354 Nakyska Holdings Inc 2009-06-12 60363 BLACK MARKET FILMS INC. 2009-06-12 60362 CAPTAIN WILLIAM JACKMAN SOCIAL CLUB INC. 2009-06-12 60365 COADY'S WELL AGRICULTURAL INC. 2009-06-12 60361 PADDY'S PLUMBING & HEATING LTD 2009-06-12 60359 C & R Gourmet Coffee Stop Ltd. 2009-06-13 60360 PEN-MAR INC. 2009-06-15 60367 JFK FARMS INC. 2009-06-15 60369 METAL BUILDING DESIGN INC. 2009-06-15 60368 SELENA'S CONVENIENCE LTD. 2009-06-15 60366 Pro-Impact Contracting Inc. 2009-06-16 60375 AT HOME REALTY INC. 2009-06-16 60374 TANDEM DISPATCH INC. 2009-06-17 60381 BIG A'S ENTERPRISES INC 2009-06-17 60382 CJB DISTRIBUTING LTD. 2009-06-17 60383 D.E.M.T.

HOLDINGS LTD. 2009-06-17 60378 EASTERN EDGE FINANCING INC. 2009-06-17 60380 STAFFORD TRAINING SYSTEMS LIMITED 2009-06-17 60379 WILD LILY DANCE CENTRE INC. 2009-06-17 60371 60371 NEWFOUNDLAND & LABRADOR LTD 2009-06-17 60372 Fjord Cubed Inc. 2009-06-17 60373 C & K BUILDERS LTD 2009-06-18 60386 BILL'S MUFFLER AND BRAKE SHOP LTD. 2009-06-18 60387 INSPIRING INDEPENDENT LEARNING CONSULTONS LTD. 2009-06-18 60391 RSI HOLDINGS INC. 2009-06-18 60389 SAMURAI COURIER INC 2009-06-19 60402 COMMERCIAL INDUSTRIAL SUPPLIES & CONSTRUCTION INC. 2009-06-19 60395 D & D MULTI CORPORATION 2009-06-19 60401 KERRIVAN PROMOTIONS INC. 2009-06-19 60398 MEANS DESIGN INC. 2009-06-19 60396 PRO TILE SERVICES LIMITED 2009-06-19 60390 YOUR Assisted Living, Cape St George, Inc. 2009-06-19 60392 CHUBBS INVESTMENTS INC. 2009-06-19 60393 60393 NEWFOUNDLAND & LABRADOR CORP 2009-06-19 60394 JADA Woodworks Inc. 2009-06-23 60410 CLEARVIEW CONSTRUCTION LTD. 2009-06-23 60406 DW CONCRETE AND TILE SPECIALTIES LTD 2009-06-23 60411 MARTS CONSTRUCTION LIMITED 2009-06-23 60408 P & C CLARKE DISTRIBUTIONS INC. 2009-06-23 60407 R.G.

MURPHY DISTRIBUTORS INC. 2009-06-23 60397 Stapleton Management Corporation 2009-06-23 60399 Do It Yourself Wedding Decorating Ltd. 2009-06-23 60400 Electric Beach Tanning Inc. 2009-06-24 60418 DR. BOYD LEE AND DR. ANGELA RIDI PROFESSIONAL MEDICAL CORPORATION 2009-06-24 60417 DR.

PIETER VAN HEERDEN PROFESSIONAL MEDICAL CORPORATION 2009-06-24 60416 JMJ CONSULTING INC. 2009-06-24 60415 THE COLONIAL GROUP INC 2009-06-24 60404 Manning Chiropractic Inc. 2009-06-24 60413 P2W Capital Inc. 2009-06-25 60419 60419 NEWFOUNDLAND & LABRADOR LIMITED 2009-06-25 60426 60426 NEWFOUNDLAND AND LABRADOR LIMITED 2009-06-25 60427 60427 NEWFOUNDLAND AND LABRADOR LIMITED 2009-06-25 60424 BONNAH HOLDINGS LIMITED 2009-06-25 60425 BONNAH INVESTMENTS LIMITED 2009-06-25 60429 GAULTOIS TOURISM ASSOCIATION INC. 2009-06-25 60428 HDT CONTRACTING LTD. 2009-06-25 60423 SODA HOLDINGS INCORPORATED 2009-06-25 60420 East Coast Concrete Ltd. 2009-06-25 60421 Bloomingales Landscaping Limited 2009-06-25 60422 60422 NEWFOUNDLAND & LABRADOR LIMITED 2009-06-26 60436 60436 NEWFOUNDLAND AND LABRADOR INC. 2009-06-26 60438 60438 NEWFOUNDLAND & LABRADOR LTD. 2009-06-26 60439 BRIDGEWATER COTTAGE DEVELOPMENT LIMITED 2009-06-26 60440 CFF HOLDINGS INC. 2009-06-26 60442 CONNECTED ELECTRIC LTD 2009-06-26 60437 GANDER RIVER HOLDINGS LIMITED 2009-06-26 60435 PARAMOUNT HOMES INC. 2009-06-26 60441 RUMBLEWISH PRODUCTION SUPPORT INC.

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 14, 2009 331 2009-06-26 60433 YOUR Help Services Inc 2009-06-29 60449 2JCK ENTERPRISES LTD. 2009-06-29 60447 CALIBRE BUILDERS LTD 2009-06-29 60454 GRANT & KATIE CHIP VAN INC. 2009-06-29 60448 ILLUSION STUDIO, INC. 2009-06-29 60453 J.V. O'DEA SERVICES PLC INC. 2009-06-29 60443 JAMIE M.

SMITH PLC INC. 2009-06-29 60451 ROSE BLANCHE BELL TOWER INC. 2009-06-29 60444 60444 NEWFOUNDLAND & LABRADOR INCORPORATED 2009-06-29 60445 60445 NEWFOUNDLAND & LABRADOR INC. 2009-06-30 60461 ATLANTIC LOSS PREVENTION SERVICES INC. 2009-06-30 60460 GRAND FALLS EQUITY INC. 2009-06-30 60446 Early Childhood Educators Human Resource Council Inc. 2009-06-30 60456 ROCK ASPHALT & AGGREGATES INC. 2009-06-30 60457 Morag Loves Rowdy Inc. 2009-06-30 60458 60458 NEWFOUNDLAND & LABRADOR LIMITED 2009-06-30 60459 Your Company Listens Inc. Total Incorporations: 138 Corporations Act -

Section 331 Local Revivals For the Month of: June 2009 Date Number Company Name 2009-06-01 25212 DAM ENTERPRISES LIMITED 2009-06-04 33198 AQUA DRILLING COMPANY LTD. 2009-06-15 47071 DMLT Holdings Limited 2009-06-17 13106 BIMA Holdings Limited 2009-06-17 12708 J & B ENTERPRISES LIMITED 2009-06-18 12196 Banfield's Limited 2009-06-19 19706 Husky Enterprises Limited 2009-06-30 13716 Galco Limited Total Revivals: 8 Corporations Act -

Section 296 and 393 Local Continuances For the Month of: June 2009 Date Number Company Name 2009-06-03 60319 NORTHFIELD BUILDERS INC Total Continuances: 1 Corporations Act -

Section 286 Local Amendments For the Month of: June 2009 Date Number Company Name 2009-06-02 49605 Powers Landscaping and Construction Inc. 2009-06-03 57609 57609 NEWFOUNDLAND AND LABRADOR LTD. 2009-06-03 31078 Notus Electronics Limited 2009-06-03 37902 Placentia Mall Inc. 2009-06-04 49185 ADDETIA HOLDINGS LIMITED 2009-06-04 60103 ARGENTIA INDUSTRIAL SAFETY SUPPLIES LTD. 2009-06-05 21091 ASK ENTERPRISES INC. 2009-06-05 57857 Brookfield Plains Inc. 2009-06-05 59740 METRO PHARMACY INC. 2009-06-05 60193 TABLE MOUNTAIN DEVELOPERS INC. 2009-06-08 51966 ATLANTIS AVIATION CORPORATION 2009-06-08 40948 Bay St.

George Snowmobile/ATV Association Inc 2009-06-08 36784 NWS INVESTMENTS INC. 2009-06-08 17010 Ryan Truck Rentals Limited 2009-06-09 53064 AMEIL Constructors Limited 2009-06-09 51638 INDIAN HEAD MI'KMAQ WOMEN'S ASSOCIATION INC. 2009-06-09 4827 The Rotary Club of Northwest St.

John's 2009-06-10 35572 LESTER LUBE INC 2009-06-10 17010 Ryan Truck Rentals Limited 2009-06-12 58351 58351 NEWFOUNDLAND AND LABRADOR INC. 2009-06-12 58087 BURTS CONSTRUCTION LTD. 2009-06-12 60155 HFV Associates Inc. 2009-06-12 41464 Rovers Search & Rescue Inc. 2009-06-12 49837 THE TOY BOX INC. 2009-06-15 3328 BAY BULLS TRADING COMPANY LIMITED 2009-06-16 46527 DPA Industries Inc. 2009-06-16 52623 LA VITA AFFORDABLE HOUSING INC. 2009-06-16 39062 MODERN PRINTING SERVICES LIMITED 2009-06-16 56292 Monarc Logistics Ltd. 2009-06-16 11768 NEWFOUNDLAND & LABRADOR HUNTING & FISHING LIMITED 2009-06-17 39635 MMR HOLDINGS LIMITED 2009-06-18 12196 Banfield's Limited 2009-06-18 54258 ENERCON BUILDERS INC. 2009-06-18 40022 WONDERBOLT PRODUCTIONS INC. 2009-06-19 26951 ABITIBI GEOPHYSICS ATLANTIC INC. 2009-06-19 19706 Husky Enterprises Limited 2009-06-19 13241 Rio Lado Company Limited 2009-06-23 45270 Sullmar Contracting Ltd. 2009-06-24 49043 Dr.

G.

Calvin MacCallum Professional Medical Corporation 2009-06-24 15155 Neptune Construction Limited 2009-06-24 58785 STEADFAST CONTRACTING LTD. 2009-06-24 19611 Trident Construction Limited 2009-06-24 16073 Trident Holdings Limited 2009-06-25 57889 LabWest Concrete & Equipment Inc. 2009-06-25 44701 Lane's Rental Inc. 2009-06-25 55348 VORTEX AUTO LTD. 2009-06-26 54544 E & B Holdings Inc. 2009-06-26 48293 ICEWATER MARINE FARMS LTD. 2009-06-26 57738 NORTHERN HARVEST SEA FARMS NEWFOUNDLAND LTD. 2009-06-29 51937 51937 NEWFOUNDLAND & LABRADOR LIMITED 2009-06-29 28729 CANASIGN INC. 2009-06-30 32230 BLAKE ENTERPRISE LIMITED 2009-06-30 50426 CARVER INVESTMENTS INC.

Total Amendments: 53

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 14, 2009 332 Corporations Act -

Section 335 Local Dissolutions For the Month of: June 2009 Date Number Company Name 2009-06-01 37490 D.J. Pippy Trusteeship Limited 2009-06-01 59265 GLOBAL WIDE

(2008) INC. 2009-06-01 48255 JUST 4 Fun Inc. 2009-06-01 10843 REG BUTLER AND COMPANY LIMITED 2009-06-03 10520 B. & J.

Enterprises Limited 2009-06-03 23220 LOON BAY CONSTRUCTION LIMITED 2009-06-03 13168 READER'S SERVICE STATION LIMITED 2009-06-03 40419 WayPoint "98" Ltd. 2009-06-04 49457 J's SEASIDE CONVENIENCE LTD. 2009-06-04 48126 Pilgrims Landscaping Limited 2009-06-05 49376 NORTH SEA FISHERIES INC. 2009-06-08 30293 SHIRLEY SHEA INC. 2009-06-08 32670 Tim Stratton Associates Ltd. 2009-06-09 37692 East-Lynn Incorporated 2009-06-10 54024 AMBASSADORS OF AFRICA INC. 2009-06-10 49638 Family Future Inc. 2009-06-10 10482 First Choice Limited 2009-06-10 51587 RESEARCH & REFERRAL INC. 2009-06-12 50893 FUTURE CONTRACTING LIMITED 2009-06-12 43059 NATURE'S IMAGE INC. 2009-06-16 55948 55948 NEWFOUNDLAND AND LABRADOR INC. 2009-06-16 54441 S K AVIATION SERVICES INC. 2009-06-17 45946 Canadian Newway Inc. 2009-06-17 53255 NEWFOUNDLAND & LABRADOR TEEN KARAOKE IDOL INC. 2009-06-18 58433 58433 NEWFOUNDLAND & LABRADOR INC. 2009-06-19 41363 Don Fleming Sales Ltd. 2009-06-24 48022 CASSELL ENTERPRISES INC 2009-06-24 54013 K & D EXCAVATING LTD. 2009-06-24 13092 Port aux Choix Supermarket Limited 2009-06-25 51964 VINCENT'S INVESTMENTS INC. 2009-06-26 50702 HIGH BOLTAGE CONSTRUCTION LTD. 2009-06-26 14547 JENCOE DEVELOPMENT LIMITED 2009-06-29 41926 ATLANTIC SEAHAWK LTD. 2009-06-29 56825 SHAMROCK LOUNGE LTD Total Dissolutions: 34 Corporations Act -

Section 299 Local Discontinuances For the Month of: June 2009 Date Number Company Name 2009-06-25 42901 MBS Investments Inc. Total Discontinuances: 1 Corporations Act -

Section 294 Local Amalgamations For the Month of: June 2009 Date Number Company Name 2009-06-01 60292 LASER VIEW CENTRE INC. From: 52628 BENSE PILATES INC. 32286 Laser View Centre Inc. 2009-06-30 60463 BEVEY MEDIPHARM LIMITED From: 54973 BEVEY MEDIPHARM LIMITED 43889 S D PHARMACIES LTD. 2009-06-30 60466 TOPSAIL ROAD DEVELOPMENTS LIMITED From: 59100 59100 NEWFOUNDLAND AND LABRADOR LIMITED 21133 TOPSAIL ROAD DEVELOPMENTS LIMITED Total Amalgamations: 3 Corporations Act -

Section 286 Local Name Changes For the Month of: June 2009 Number Company Name 60103 ARGENTIA INDUSTRIAL SAFETY SUPPLIES LTD. 2009-06-04 From: 60103 NEWFOUNDLAND & LABRADOR CORP 57857 Brookfield Plains Inc. 2009-06-05 From: Brookfield Plains Inc. 59740 METRO PHARMACY INC. 2009-06-05 From: Family Care Pharmacy Inc. 60193 TABLE MOUNTAIN DEVELOPERS INC. 2009-06-05 From: 60193 NEWFOUNDLAND AND LABRADOR LTD. 51966 ATLANTIS AVIATION CORPORATION 2009-06-08 From: ATLANTIS AVIATION CONSULTING LTD. 58087 BURTS CONSTRUCTION LTD. 2009-06-12 From: 58087 NEWFOUNDLAND & LABRADOR LTD. 52623 LA VITA AFFORDABLE HOUSING INC. 2009-06-16 From: LA VITA SPAS AND RESORTS INCORPORATED Total Name Changes: 7

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 14, 2009 333 Corporations Act -

Section 443 Extra-Provincial Registrations For the Month of: June 2009 Date Number Company Name 2009-06-01 60294 NEXTERA ENERGY CANADA, ULC NEXTERA ENERGIE CANADA, ULC 2009-06-02 60298 ENSURCO INSURANCE GROUP INC. 2009-06-03 60313 DISPLAY POTENTIALS INC. 2009-06-03 60316 HRINGRÀS HF. 2009-06-03 60311 INSTORE FOCUS INC. 2009-06-03 60318 MOLSON CANADA COMPANY 2009-06-03 60314 THE SOURCE (BELL) ELECTRONICS INC.

LA SOURCE (BELL) ÉLECTRONIQUE INC. 2009-06-04 60327 FIRE MARQUE INC. 2009-06-05 60332 STONEHAM DRILLING INC. 2009-06-05 60331 VIRGIN MOBILE CANADA HOLDING CORP. 2009-06-11 60357 MWH CANADA, INC. 2009-06-17 60385 PRESTIGE TELECOM INC. 2009-06-17 60384 REALIT MANAGEMENT INC. 2009-06-18 60388 S & B LARGE PRINT SPECIAL LINES LTD. 2009-06-19 60403 WFC CARD SERVICES HOLDINGS INC. 2009-06-23 60412 AAA ALARM SYSTEMS LTD. 2009-06-23 60405 FIRST PINNACLE ALARM (CANADA) INC. 2009-06-24 60414 KEYBASE FINANCIAL GROUP INC. 2009-06-25 60430 SCOTIA INSURANCE AGENCY INC.

AGENCE D'ASSURANCES SCOTIA INC. 2009-06-25 60431 WCSB OIL & GAS ROYALTY INCOME 2009 MANAGEMENT CORP. 2009-06-29 60455 ENXCO SERVICE (CANADA) CORPORATION 2009-06-29 60450 FRESHCO RETAIL MAINTENANCE INC. 2009-06-29 60452 RIVERSTREAM ASSET MANAGEMENT LTD. 2009-06-30 60464 BBS SECURITIES INC. Total Registrations: 24 Corporations Act -

Section 451 Extra-Provincial Name Changes For the Month of: June 2009 Number Company Name 60318 MOLSON CANADA COMPANY 2009-06-03 From: 3096423 NOVA SCOTIA COMPANY 55130 MORCAN FINANCIAL INC. 2009-06-08 From: 1238327 ONTARIO LTD. 59647 TECK METALS LTD. 2009-06-12 From: TECK COMINCO METALS LTD. 55846 MACQUARIE PREMIUM FUNDING INC. 2009-06-18 From: INSURANCE PAY CANADA INC. 2009-06-18 From: MACQUARIE PREMIUM FUNDING INC. 55846 MACQUARIE PREMIUM FUNDING INC./ FINANCEMENT PRIMES MACQUARIE INC. 2009-06-18 From: INSURANCE PAY CANADA INC. 2009-06-18 From: MACQUARIE PREMIUM FUNDING INC. 57681 7070519 CANADA INC. 2009-06-25 From: HUTCHINSON & WARREN INSURANCE SERVICE LTD. 58970 KIRRIN EXPLORATION INC. 2009-06-25 From: MONROE EXPLORATION INC.

Total Name Changes: 7 Corporations Act -

Section 294 Extra-Provincial Registrations for Amalgamation For the Month of: June 2009 Date Number Company Name 2009-06-03 60322 MOLSON CANADA COMPANY From: 60318 MOLSON CANADA COMPANY 2009-06-03 60310 SONOCO CANADA CORPORATION From: 6206F SONOCO CANADA CORPORATION 2009-06-12 60364 SHRED-IT INTERNATIONAL INC. From: 57672 SHRED-IT CANADA CORPORATION INC. 2009-06-15 60370 MASONITE INTERNATIONAL CORPORATION/ CORPORATION INTERNATIONALE MASONITE From: 52005 MASONITE INTERNATIONAL CORPORATION/ LA CORPORATION INTERNATIONALE MASONITE 2009-06-16 60376 MAXXAM ANALYTICS INTERNATIONAL CORPORATION From: 58848 MAXXAM ANALYTICS INTERNATIONAL CORPORATION

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 14, 2009 334 2009-06-16 60377 TABI INTERNATIONAL CORPORATION From: 6131F TABI INTERNATIONAL CORPORATION 2009-06-23 60409 QWEST ENERGY FINANCIAL CORP. From: 50380 QWEST ENERGY 2004 FINANCIAL CORP. 51141 QWEST ENERGY 2005 FINANCIAL CORP. 2009-06-25 60434 CHARLIE COOKE INSURANCE AGENCY LTD. From: 57681 7070519 CANADA INC. 2009-06-25 60432 YM INC. (SALES) From: 2265D YM INC. (SALES) 2009-06-30 60465 H & R BLOCK CANADA, INC. From: 361D H & R BLOCK CANADA, INC. Total Registrations for Amalgamation: 10 DEAN DOYLE (

A) Registrar of Companies August 14 MINERAL ACT CORRECTION NOTICE(

S) In The Newfoundland and Labrador Gazette of July 31, 2009 there appeared a Mineral Act Notice regarding the cancellation of Mineral Licences 11753M. This notice was published in error. The licences remain in good standing. JIM HINCHEY, P.Geo. Manager - Mineral Rights File #: 774: 6770 Aug 14 NOTICE Published in accordance with

section 62 of CNLR 1143/96 under the Mineral Act, cM-12, RSNL 1990 as amended. Mineral rights to the following mineral licenses have reverted to the Crown: Mineral License 008669M Held by Quinlan, Roland Situate near Tilt Cove, Central NL On map sheet 02E/10 Mineral License 009483M Held by Furlong, Gerard Situate near Victoria River, Central NL On map sheet 12A/04 Mineral License 010866M Held by Hammond, Benedict Situate near Bell Island, Avalon Peninsula On map sheet 01N/11 Mineral License 011942M Held by Bayswater Ventures Corp.

Situate near Otter Lake On map sheet 13K/07 Mineral License 011963M Held by Hicks, David Situate near Abbotts Creek, Southern NL On map sheet 01M/12 Mineral License 011967M Held by White, Jason Situate near LaManche, Avalon Peninsula On map sheet 01N/12 Mineral License 014890M Held by Cooper, Gordon E. Situate near Big Gull Pond, Avalon Peninsula On map sheet 01N/05 Mineral License 014891M Held by Cooper, Gordon E.

Situate near Big Gull Pond, Avalon Peninsula On map sheet 01N/05 Mineral License 014910M Held by Chan, Lai Lai Situate near Parsons Pond, Great Northern Peninsula On map sheet 12H/13 12I/04 Mineral License 014911M Held by Chan, Lai Lai Situate near Parsons Pond, Great Northern Peninsula On map sheet 12H/13 Mineral License 014912M Held by Chan, Lai Lai Situate near Parsons Pond, Great Northern Peninsula On map sheet 12H/13 12I/04 Mineral License 014913M Held by White Bear Resources Incorporated Situate near Dyke Lake On map sheet 23J/08 Mineral License 014914M Held by White Bear Resources Incorporated Situate near Stakit Lake On map sheet 23J/10 23J/15 23J/14 23J/11 Mineral License 014915M Held by White Bear Resources Incorporated Situate near Stork Lake On map sheet 23J/15 23J/14 Mineral License 014916M Held by White Bear Resources Incorporated Situate near Astray Lake On map sheet 23J/10

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 14, 2009 335 Mineral License 014921M Held by Quinlan, Mervin Situate near McPhadyen River On map sheet 23J/02 Mineral License 014929M Held by Benton Resources Corp. Situate near Kogaluk River On map sheet 14C/04 Mineral License 014930M Held by Benton Resources Corp. Situate near Notakwanon River On map sheet 13N/13 Mineral License 014931M Held by Turpin, Alexander J. Situate near Bay Du Nord River, Southern NL On map sheet 01M/11 01M/14 Mineral License 014936M Held by Turpin, Alexander J.

Situate near Bay du Nord, Southern NL On map sheet 02D/03 A portion of license 015142M Held by Altius Resources Inc. (50%)/Cornerstone Resources Inc. (50%) Situate near Howse Lake On map sheet 23O/01 23O/02 more particularly described in an application on file at Department of Natural Resources A portion of license 015143M Held by Altius Resources Inc. (50%)/Cornerstone Resources Inc. (50%) Situate near Martin Lake On map sheet 23J/16 more particularly described in an application on file at Department of Natural Resources A portion of license 015144M Held by Altius Resources Inc. (50%)/Cornerstone Resources Inc. (50%) Situate near Andre Lake On map sheet 23I/05 23I/12 more particularly described in an application on file at Department of Natural Resources A portion of license 015145M Held by Altius Resources Inc. (50%)/Cornerstone Resources Inc. (50%) Situate near Martin Lake On map sheet 23J/16 more particularly described in an application on file at Department of Natural Resources Mineral License 015187M Held by Altius Resources Inc.

Situate near Metchin River On map sheet 13E/06 13E/07 Mineral License 015188M Held by Altius Resources Inc. Situate near Metchin River On map sheet 13E/06 The lands covered by this noti ce except for the lands within Exempt Mineral Lands, the Exempt Mineral Lands being described in CNLR 1143/96 and NLR 71/98, 104/98, 97/2000, 36/2001, 31/2004, 78/200 6, 8/2008 and 28/2009 a nd outlined on 1:50 000 scale digital maps maintained by the Department of Natural Resources, will be open for staki ng after the hour of 9:00 a.m. on the 32 nd clear day after the date of this publication.

JIM HINCHEY P.GEO Manager - Mineral Rights 774: 4685, 5214, 6107, 6929, 6953, 6957, 9550, 9551, 9561, 9562, 9563, 9564, 9565, 9566, 9567, 9572, 9578, 9579, 9580, 9583, 9726, 9727, 9728, 9729, 9754, 9755 Aug 14 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION TOWN OF GAMBO DEVELOPMENT REGULATIONS AMENDMENT NO. 10, 2009 Take notice that the Town of Gambo Development Regulations Amendment No. 10, 2009, adopted on the 6 th day of May, 2009, has been registered by the Minister of Municipal Affairs.

In general terms, the purpos e of Development Regulation No. 10, 2009, is to allow Council to change the conditions required for home occupations. The Town of Gambo De velopment Regulations Amendment No. 10, 2009 comes in to effect on the day this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of the Town of Gambo Development Regul ations Amendment No 10, 2009 may do so at the Town Office, Gambo, NL, during normal working hours.

TOWN OF GAMBO Jean Blackwood, Town Clerk Aug 14 NOTICE OF REGISTRATION TOWN OF STEPHENVILLE MUNICIPAL PLAN AMENDMENT NO. 7, 2009 AND DEVELOPMENT REGULATIONS AMENDMENT NO. 17, 2009 Take notice that th e Town of Stephenvi lle Municipal Plan Amendment No. 7, 2009, and Development Regulations Amendment No. 17, 2009, adopted on the 24 th day of June, 2009, (as amended) and approved on the 16 th day of July, 2009, has been registered by the Minister of Municipal Affairs. In general terms, the pu rpose of Municipal Plan Amendment No. 7, 2009, is to accommodate residential development on the south side of Maryland Drive.

In general terms, the purpose of Development Regulations Amendment No. 17, 2009, is to comply with Amendment No. 7, 2009 to the Stephenville Municipal Plan. The Stephenville Municipal Plan Amendment No. 7, 2009, and Development Regulations Amendment No. 17, 2009,

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 14, 2009 336 come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette . Anyone who wishes to inspect a copy of the Stephenville Municipal Plan Amendment No. 7, 2009 and Development Regulations Amendment No. 17, 2009 may do so at the Town Office, 125 Carolina Avenue, Stephenville, NL, during normal working hours. TOWN OF STEPHENVILLE C.

Lidstone, Town Clerk Aug 14 CHANGE OF NAME ACT C-8 RSNL 1990 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me: DONALD WILLIAM ROY DEVARAJ of 17 Argus Place, St. John’s, A1A 5N2 in the Province of Newfoundland and Labrador, as follows: To change my name from DONALD WILLIAM ROY DEVARAJ to DONALD WILLIAM ROY REID DATED this 30 th day of July, 2009.

DONALD WILLIAM ROY DEVARAJ (Signature of Applicant) Aug 14 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me: JOSEPHINE ANN RYAN of 543 Empire Avenue, St. John’s, A1E 1X1 in the Province of Newfoundland and Labrador, as follows: To change my name from JOSEPHINE ANN RYAN to JOSEPHINE ANN DOYLE DATED this 30th day of July, 2009.

JOSEPHINE ANN RYAN (Signature of Applicant) Aug 14 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me: VANDRA BO-INKA LOUDES ALLEYNE of 10A Caribou Road, P.O. Box 475, Port aux Basques, A0M 1C0, in the Province of Newfoundland and Labrador, as follows: To change my name from VANDRA BO-INKA LOUDES ALLEYNE to LOUDES VANDRA BO-INKA WOODS DATED this 3 rd day of August, 2009.

VANDRA BO-INKA LOUDES ALLEYNE (Signature of Applicant) Aug 14 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- ANDRE TIERRE SIMEON ALLEYNE of 10A Caribou Road, P.O. Box 475, Port aux Basques, A0M 1C0, in the Province of Newfoundland and Labrador, as follows: To change my name from ANDRE TIERRE SIMEON ALLEYNE to ANDRE TIERRE SIMEON WOODS DATED this 3rd day of August, 2009.

ANDRE TIERRE SIMEON ALLEYNE (Signature of Applicant) Aug 14 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:-

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 14, 2009 337 ALLEN PELAYO MATIONG of 22 Amherst Height, St. J ohn’s, in the Province of Newfoundland and Labrador, as follows: To change my name from ALLEN PELAYO MATIONG to ALLEN MATIONG WALSH DATED this 6th day of August, 2009.

ALLEN PELAYO MATIONG (Signature of Applicant) Aug 14 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- GARY JAMES HAMILTON of 194 Beachy Cove Road, Portugal Cove, in the Province of Newfoundland and Labrador, as follows: To change my name from GARY JAMES HAMILTON to GARY JAMES PICCO DATED this 13th day of May, 2009.

GARY JAMES HAMILTON (Signature of Applicant) Aug 14 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me: MARTIN PETER HURLEY of 3 Eriksson Crescent, Mount Pearl, A1N 0C1, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from EOIN JOSEPH O’KEEFE-HURLEY to EOIN JOSEPH HURLEY DATED this 6 th day of August, 2009.

MARTIN PETER HURLEY (Signature of Applicant) Aug 14 LANDS ACT NOTICE OF INTENT LANDS ACT, c36, SNL 1991 Notice is hereby given that ROXANNE and DAVID WEINHEBER of Charlottetown, NL intends to apply to the Department of Environment a nd Conservation, two months from the publication of this Notice, to ac quire title, pursuant to

Section 7(2) of the said Act, to that piece of Crown Land situated within fi fteen (15) metres of the waters of Clode Sound, in the Electoral District of Terra Nova, NL for the purpose of a Recreational Use Wharf and being more particularly described as follows: Bounded on the North by Vol.-108, Fol -383 for a distance of 60 m; Bounded on the East by Crown Land for a distance of 10 m; Bounded on the South by Waters of Clode Sound for a distance of 60 m Bounded on the West by Crown Land for a distance of 10 m; and containing an area of approximately 600 square metres.

Any person wishing to object to the application must file the objection, in writing, within one month from the publication of this notice, with reasons for it, to the Minister of Environment and Conservation, and mail to the nearest Regional Lands Office: c/o Eastern Regional Lands Office, P. O. Box 8700, 5 Mews Place, St. John’s, NL, A1B 4J6. c/o Central Regional Lands Office, P. O. Box 2222, Gander, NL, A1V 2N9. c/o Western Regional Lands Office, P. O. Box 2006, Noton Building, Corner Brook, NL, A2H 6J8. c/o Labrador Regional Lands Office, P. O. Box 3014, Station “B”, Happy Valley-Goose Bay, NL A0P 1E0.

For further information on the proposed application, please contact ROXANNE WEINHEBER Telephone (709) 664-5181. Aug 14 QUIETING OF TITLES ACT 2009 08T 0079 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION IN THE MATTER OF the Quieting of Titles Act , cQ-3 Of the RSNL, 1990, and amendments thereto, AND IN THE MATTER OF all that piece or parcel of land situate and being at Wabush in the electoral district of Labrador West, in the Province of Newfoundland and Labrador, Canada,

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 14, 2009 338 AND IN THE MATTER OF an Application by MICHELLE BURTON and MARY DENISE DAVIS, of Wabush, in the Province of Newfoundland and Labrador, Canada, NOTICE OF APPLICATION under the Quieting of Titles Act, cQ-3 of the RSNL, 1990, NOTICE is hereby given to all parties, that MICHELLE BURTON and MARY DENISE DAVI S, has applied to the Supreme Court of Newfoundl and and Labrador, Trial Division, to have the title to ALL THAT piece or parcel of land situate and being at Wabush in the electoral district of Labrador West, in the Province of Newfoundland and Labrador, Canada, and being more particularly described in the Schedules hereto annexed marked “A” and “B” is the absolute owner thereof.

ALL PERSONS having title adverse to the said title claimed by the said MICHELLE BURTON and MARY DENISE DAVI S, shall file at the Registry of the Supreme Court of Newfoundland and Labrador, Trial Division, at Happy Valley-Goose Bay, in the Province of Newfoundland and Labrador, particulars of such adverse claim and serve the same, together with the Affidavit certifying the same, to the undersigned Solicitors of the Applicant on or before the 18 th of September, 2009 after which date no party having any claim shall be permitted to file the same or be heard except by special leave of the Court and subject to such conditions as the Court may deem just.

All adverse claims shall then be investigated in such manner as the said Court may direct. DATED at Labrador City, this 5th day of August, 2009. MILLER & HEARN Solicitor for the Applicant PER: Edward M. Hearn, Q.C. ADDRESS FOR SERVICE 450 Avalon Drive P.O. Box 129 Labrador City, NL A2V 2K3 Tel: (709) 944-3666 Fax: (709) 944-5494

SCHEDULE “A” SURVEY DESCRIPTION FOR 73 WHITEWAY DRIVE WABUSH, NL All that piece or parcel of la nd situate and being at Wabush in the electoral district of Labrador West, in the Province of Newfoundland and Labrador, be ing bound and abutted as follows, that is to say: Beginning at a point the said point being a Capped Iron Bar in the Easterly limit of Whiteway Drive, 20.12 meters wide, and the most Northwesterly angle of land of the Anglican Church, the said point having co-ordinates of North 5863490.16 meters and East 347334.52 meters of the 3 degree M.T.M. co-ordinate system; Thence along the said Easterly limit of Whiteway Drive North 16 degrees 08 minutes East 53.34 meters; Thence along land of Hollis Park and Wabush Mines South 73 degrees 52 minutes East 38.10 meters; Thence along land of Nalco & Associates, Volume 1 Item No. 4 (Grant Concessions Registry) Wabush Townsite, South 16 degrees 08 minutes West 53.34 meters; Thence along the aforesaid land of the Anglican Church North 73 degrees 52 minutes We st 38.10 meters, more or less, to the point of beginning.

Containing an area of 0.203 hectares, more or less, and being Civic No. 73 on the diagram annexed hereto; The above described Civic No. 73 being subject to a Pole Line Easement, 5.5 meters wide, extending through the said land. All bearings being referred to the central meridian of 67 degrees 30 minutes West longitude of the Three Degree Transverse Mercator Projection, NAD 83.

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 14, 2009 339 Aug 14

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 14, 2009 340 TRUSTEE ACT ESTATE NOTICE IN THE MATTER of the Estate of ALONZO LLOYD JACKSON, late of Heart’s De light, in the Province of Newfoundland and Labrador, Deceased All persons claiming to be creditors of or who have any claims or demands either as be neficiaries or next of kin (by blood, legal adoption or marriage) upon or affecting the Estate of Alonzo Lloyd Jackson, who died at Heart’s Delight, NL on or about May 27, 2007, are hereby requested to send particulars thereof in writing, duly attested, to the Registrar Supreme Court, Viking Building, 136 Crosbie Road, Suite 401, St.

John’s, NL, A1B 3K3, Administrator of the Estate of Alonzo Lloyd Jackson on or before September 18, 2009, af ter which date the said Administrator will proceed to distribute the Estate having regard only to the claims of which he then shall have had notice. DATED at St. John’s, in the Province of NL, this 7 th day of August, 2009 REGISTRAR OF THE SUPREME COURT Administrator of the Estate of Alonzo Lloyd Jackson ADDRESS FOR SERVICE Registrar Supreme Court Viking Building 136 Crosbie Road, Suite 401 St. John’s, NL, A1B 3K3 Aug 14

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 84 ST. JOHN’S, FRIDAY, AUGUST 14, 2009 No. 33 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 70/09 NLR 71/09

The Newfoundland and Labrador Gazette August 14, 2009 383 NEWFOUNDLAND AND LABRADOR REGULATION 70/09 Occupational Health and Safety Regulations, 2009 under the Occupational Health and Safety Act (O.C. 2009-233) (Filed August 7, 2009) Under the authority of

section 65 of the Occupational Health and Safety Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, August 4, 2009. Gary Norris Clerk of the Executive Council REGULATIONS Analysis 1.

Short title

PART I GENERAL 2.

Interpretation 3. Application 4. Responsibility of division 5. Right to refuse work 6. Stop work orders 7. Appeal

PART II NOTICE REQUIREMENTS 8. New project 9. Notifiable occupational diseases 10. Serious injury 11. Notification to utilities

PART III GENERAL DUTIES

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 384 12. Occupational health and safety program 13. Occupational health and safety policy 14. General duties of employers 15. Working alone 16. Safe working load of equip- ment 17. General duties of workers 18. Safety inspections 19. Co-ordination of work 20. Two or more employers 21. Appointment of qualified co- ordinator 22. Violence prevention 23. Procedures and policies 24. Instruction to workers

PART IV OCCUPATIONAL HEALTH AND SAFETY COMMITTEES, REPRESENTATIVES AND DESIGNATES 25. Operations of committees, representatives and desig- nates

PART V GENERAL HEALTH AND SAFETY REQUIREMENTS 26. Personal conduct 27. Travel over and work on ice 28. Guardrails 29. Roof work 30. Openings, pits and tanks 31. Material storage 32. Signage 33. Overcrowding 34. Slipping hazards 35. Barriers 36. Illumination 37. Compressed air 38. Emergency plan risk as- sessment 39. Emergency procedures 40. Emergency lighting 41. Emergency training

PART VI OCCUPATIONAL HEALTH REQUIREMENTS 42. Hazardous substances 43. Health surveillance 44. Thermal environment 45. Ventilation 46. Silica regulation 47. Silica medical surveillance 48. Asbestos 49. Lead exposure control plan 50. Musculoskeletal injury pre- vention 51. MSI: risk control 52. MSI: education and training 53. MSI: evaluation 54. MSI: consultation 55. Seating or standing work 56. Lifting and handling 57. Permitted quantities 58. Incompatible substances 59. Storage of hazardous sub- stances 60. Dispensing 61. Toilet facilities 62. Washing facilities 63. Emergency washing facili- ties 64.

Work clothing and accom- modations 65. Eating areas 66. Supply of drinking water 67. Sanitary and orderly condi- tions 68. Noise hazards 69. Painting, coating and work- ing with plastics/resins

PART VII PERSONAL PROTECTIVE EQUIPMENT 70.

Definitions 71. Selection, use and mainte- nance 72. Instruction 73. Personal clothing and acces- sories 74. General requirements of safety headgear 75. Eye and face protection 76. Prescription safety eyewear 77. Contact lenses 78. General requirements of limb and body protection 79. Leg protection 80. Foot protection 81. High visibility apparel

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 385 82. Flame resistant clothing 83. Respiratory protection pro- gram 84. Respiratory protection 85. Respiratory protection equipment 86. Inspection and maintenance of respiratory protection equipment

PART VIII MACHINERY AND EQUIPMENT 87.

Definitions 88. Safe machinery and equip- ment 89. General requirements 90. Standards 91. Guards 92. Identifying unsafe equip- ment 93. Operating controls 94. Machinery location 95. Marking of hazards 96. Piping systems 97. Restraining devices 98. Rotating hazards 99. Flywheels and pulleys 100. Conveyor standards 101. Power presses, brake presses and shears 102. Exception for custom work 103. Cutting and cooling material containment 104. Standards for abrasive equipment 105. Powder actuated tools stan- dards 106. Powder actuated tool use 107. Limitations on use of pow- der actuated tools 108. Chippers 109.

Chain saws 110. Automotive lifts and vehicle supports 111. Pneumatic nailing and sta- pling tools 112. Drilling equipment - general requirements 113. Drilling equipment use 114. Drilling procedures 115. Rod handling 116. Self-propelled drills 117. Cleaning drilled holes 118. Abrasive blasting and high pressure washing

definitions 119. Risk assessment 120. Work procedures outside a cabinet 121. Substitution of abrasive blasting materials 122. Cleanup 123. Engineering controls 124. Exhaust ventilation 125. Restricted work zones 126. Operating procedures

PART IX DE-ENERGIZATION AND LOCKOUT 127.

Definitions 128. General requirement 129. When lockout required 130. Lockout procedures 131. Checking locked out equip- ment 132. Worker responsibilities 133. Removal of locks 134. Group lockout procedure 135. Alternative procedures 136. Where locks not required 137. Work on energized equip- ment

PART X FALL PROTECTION 138.

Definitions 139. Training requirement 140. Fall protection systems 141. General requirements 142. Fall arrest system 143. Nets 144. Debris nets 145. Travel restraint 146. Temporary flooring

PART XI SCAFFOLDS, STAGES AND WORK PLATFORMS 147. Definition 148. Portable ladder standards 149. Job built ladders 150. Protective coatings 151. Inspection 152. Inclination and support 153. Length 154. Restrictions on use

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 386 155. Fixed ladders 156. Special purpose ladders 157.

Definitions 158. Responsibilities 159. Standards 160. Scaffold stability 161. Guardrails and toeboards 162. Grounding 163. Lumber planks 164. Manufactured planks 165. Securing planks 166. Access to scaffolds 167. Vertical ladders 168. Erection and dismantling. 169. Spacing of components 170. Bracing of uprights 171. Cross bracing 172. Wood scaffolds 173. Extension of uprights 174. Laminated uprights 175. Bearer supports 176. Pumpjack scaffold 177.

Definitions 178. Manufacturers specifications 179. Compatibility 180. Engineering requirements 181. Adjustable height bases 182. Spacing 183. Couplings 184. Height restriction 185. Outriggers 186. Wheels 187. Moving restrictions 188. Surface conditions 189. Components of tube and coupler scaffold 190. Cross bracing 191. Work platforms supported by a crane or hoist 192. Crane capacity 193. Eccentric loading 194. Rigging 195. Two block prevention 196. Powered booms and winches 197. Fall protection - suspended work platforms 198. Articulating booms prohib- ited 199. Travelling restriction 200. Communications 201.

Definitions -elevating work platforms 202. Standards 203. Operating and maintenance manuals 204. Inspection and maintenance records 205. Shift inspection 206. Annual inspection and certi- fication 207. Fall protection - elevating work platform 208. Safe access 209. Rated capacity 210. Outriggers 211. Controls 212. Immobilization of vehicles 213. Shear hazard 214. Warning devices 215. Transporting workers 216. Lift truck platform 217. Fall protection - lift truck 218. Swing stages -

definitions 219. Rated load 220. Weight identification 221. Prior permission 222. Attachment points 223. Securing suspension lines 224. Hook and clamp working load limit 225. Hook and clamp engagement 226. Tiebacks 227. Thrust-out beams 228. Counterbalance of thrust-out beams 229. Hook closures 230. Protection against damage 231. Fibre rope suspension 232. Wire rope suspension 233. Length of suspension ropes 234. Hoisting devices 235. Hangers or stirrups 236. Platform width 237. Safety factor 238. Rated load 239. Guardrails 240. Toeboards and netting 241. Equipment inspection 242. Fall protection - swing stage 243. Boatswain's chairs 244.

Definitions 245. Permanent powered plat- forms 246. Portable powered platforms 247. Fall protection - powered platform

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 387 248. Maintenance and operating records 249. Window cleaning

PART XII POWERED MOBILE EQUIPMENT 250.

Definitions 251. Operation and maintenance 252. Competency and testing operators 253. Operator's responsibility 254. Supervisor's responsibility 255. Warning signal device 256. Lights 257. Rear view mirrors 258. Load handling attachments 259. Load ratings 260. Operative protective struc- tures 261. Rollover protective struc- tures 262. Rollover protective structure standards 263. Rollover protective structure certification 264. Rollover protective structure identification 265. Effect of rollover protective structure on visibility 266. Seating and standard re- quirements 267. Start of shift inspection 268.

Securing tools and equip- ment 269. Unattended equipment 270. Securing elevated loads 271. Swinging equipment 272. Obstructed view 273. Guy lines 274. Pedestrian and equipment traffic 275. Securing loads 276. Restraint for cylindrical objects 277. Lift truck loads 278. Tire installation 279. Equipment and procedures

PART XIII TRANSPORTATION OF WORKERS 280. Application 281. Seat belts 282. Securing equipment 283. Hazardous materials 284. Passenger compartments 285. Boarding and leaving 286. Seating design

PART XIV CRANES, HOISTS AND OTHER LIFTING EQUIPMENT 287.

Definitions 288. Cranes, derricks and hoists 289. Identification 290. Rated capacity 291. Rated capacity indication 292. Boom angle indicator 293. Boom extension and load radius indicators 294. Support structure 295. Manual 296. Inspection and maintenance 297. Inspection and maintenance records 298. Certification 299. Audible warning 300. Molten metal 301. Two-block protection 302. Sheave guards 303. Ungrounded supply 304. Controls 305. Operator protection 306. Cab windows 307. Storage 308. Fire extinguisher 309. Operator qualifications 310. Shift inspection 311. Load weight 312. Calibration 313. Unsafe lift 314.

Swing hazards 315. Position of equipment 316. Multiple crane lift 317. Travelling with a load 318. Loads over work areas 319. Unattended loads 320. Hook position 321. Signals 322. Alternative to hand signals 323. Dedicated radio system 324. Unhooking loads 325. Riding hook or load 326. Induced voltage 327. Uptravel limit 328. Electrical conductors

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 388 329. Power shutoff 330. Direction markings 331. Manually powered hoists 332. Cranes on floating supports 333. Level turntable 334. Outriggers 335. Tires 336. Supporting surface 337. Travelling with a load 338. Boom inspection 339. Tower cranes 340. Verification before use 341. Identification 342. Structural inspection 343. Structures kept clean 344. Communication 345. Wind limitations

PART XV RIGGING 346.

Definitions 347. Qualified riggers 348. Use of rigging 349. Component identification 350. Design factors 351. Natural fibre rope 352. Wedge socket connections 353. Open hook restriction 354. Securing pins 355. Replacing pins 356. Securing ropes to drums 357. Wraps required 358. Sheaves 359. Guylines 360. Spooling tape 361. Termination efficiencies 362. Wire rope clips 363. Restriction on foldback eyes 364. Slings standards 365. Inspection before use 366. Storage 367. Knots 368. Sharp edges 369. Slinging loads 370. Multiple piece lifts 371. Below-the-hook lifting de- vices 372. Part of lifted load

PART XVI TRAFFIC CONTROL 373. Traffic control 374. Traffic control person 375. Traffic control signals

PART XVII CONSTRUCTION, EXCAVATION AND DEMOLITION 376.

Definitions 377. Temporary floors 378. Protection from falling mate- rials 379. Chutes 380. Chutes and hoists 381. Glass panels 382. Temporary support 383. Supervision 384. Concrete placing hazards 385. Inspections 386. Pre-use inspections 387. Controls 388. Emergency shutoff 389. Agitator guarding 390. Concrete pump lines 391. Equipment inspection 392. Repair certification 393. Restriction on use 394. Operator's duties 395. Hopper signal device 396. Underground utilities 397. Structural integrity 398. Hazardous materials 399. Disconnecting services 400. Glass removal 401. Stabilizing walls 402. Dismantling buildings 403. Stairways

PART XVIII EXCAVATION, UNDERGROUND WORK AND ROCK CRUSHING 404. Definition 405. Entrapment danger 406. Pre-excavation requirements 407. Excavation or access 408. Removal of material 409. Faces and slopes 410. Excavation safety 411. Underground workings 412. Internal combustion engines 413. Air quality 414. Rock crushing control meas- ures 415. Diesel engines underground 416. Falling ground

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 389

PART XIX GENERAL BLASTING 417.

Definitions 418. Employer's responsibility 419. Role of certified blaster 420. Security and report require- ments 421. Examination 422. Records 423. Suspension or seizure of certificate 424. Custody of certificates 425. Day box or magazine 426. Prohibitions 427. Storage and handling 428. Transportation 429. Drilling 430. Handling in special circum- stances 431. Preparing the blast loading 432. Safety fuse 433. Loaded holes 434. Restrictions 435. Electrical initiation 436. Pre-firing 437. Protection 438. Firing 439. Post-firing 440. Unique blasting operation 441. Seismic blasting 442. Misfire

PART XX FIRE PREVENTION AND CONTROL 443. Fire protection 444. Fire and explosion 445. Trucks loading and unload- ing 446. Combustible substances 447. Combustible gas propellants 448. Hot work

PART XXI WELDING, BURNING AND CUTTING OPERATIONS 449. Gas welding and burning 450. Compressed gas cylinders 451. Oxygen 452. Radiation protection 453. Burning and welding 454. Ventilation 455. Coatings on metals 456. Receptacles for stubs 457. Respiratory protection

PART XXII ACCESS AND EGRESS 458. Access, egress and move- ment 459. Exits and doors 460. Stairs

PART XXIII DIVING AND OTHER MARINE OPERATIONS 461.

Definitions 462. Wharves, platforms, etc. 463. Ladders and gang planks 464. Lifesaving equipment 465. Floating work platforms 466. Personal flotation devices 467. Occupational diving opera- tions 468. Instruction 469. Slipping and tripping haz- ards 470. Galley requirements

PART XXIV WOODWORKING AND WOOD PRODUCTS MANUFACTURING 471. Circular saws 472. Operator protection 473. Cutting heads

PART XXV FORESTRY OPERATIONS 474. Felling 475. Brush saws 476. Hauling

PART XXVI ELECTRICAL OPERATIONS 477.

Definitions 478. Electrical requirements 479. Poles and structures 480. Service rooms 481. Space around equipment 482. Testing equipment 483. Powerline hazards training

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 390 484. Low voltage electrical equipment - disconnection and lockout 485. Low voltage electrical equipment 486. Working close to low volt- age energized equipment 487. Low voltage electrical equipment - controls 488. Grounding portable low voltage electrical equipment 489. Low voltage electrical equipment - ground fault in- terrupters 490. Isolation and lockout 491. Warning signs 492. De-energized high voltage systems - isolation and lock- out 493. Person in charge 494. Switching sequences 495.

Isolating devices 496. Grounding and blocking 497. Multiple authorities 498. Minimum clearance - high voltage equipment and con- ductors 499. Assurance in writing 500. Assurance not practicable 501. Emergency work 502. Authorization by owner 503. Tree pruning etc. - prelimi- nary inspection 504. Tree pruning etc. in hazard- ous area 505. Qualifications 506. Control systems - general requirements 507. Programmable control sys- tems 508. Automatic control systems 509. Remote control systems 510. Wireless remote control

PART XXVII CONFINED SPACE ENTRY 511. Confined space entry 512. Corrective precautions 513. Work procedures 514. Entry into confined space 515. Explosives or flammable atmosphere 516. Rescue from confined space

PART XXVIII REPEAL AND COMMENCEMENT 517. CNLR 1165/96 Rep. 518. Commencement

Schedule 1. These regulations may be cited as the Occupational Health and Safety Regulations, 2009.

PART I GENERAL 2.

(1) In these regulations (a) "accident" includes (

i) an event occasioned by a physical or natural cause, or (ii) disablement arising out of and in the course of employ- ment; (b) "ACGIH" means the American Conference of Governmental Industrial Hygienists;

Short title

Interpretation

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 391 (c) "Act" means the Occupational Health and Safety Act; (d) "administrative controls" means the provision, use and scheduling of work activities and resources in the workplace, including planning, organizing, staffing and coordinating, for the purpose of controlling risk; (e) "ASHRAE" means the Ameri can Society of Heating, Re- frigeration and Air Conditioning Engineers; (f) "authorized" means, in re ference to a person, a qualified person designated by an employer to carry out specific func- tions; (g) "commission" means the Workplace Health, Safety and Compensation Commission established under the Workplace Health, Safety and Compensation Act; (h) "competent" means a person who is (

i) qualified because of that person's knowledge, training and experience to do the assigned work in a manner that ensures the health and safety of every person in the workplace, and (ii) knowledgeable about the provisions of the Act and these regulations that apply to the assigned work, and about potential or actual danger to health or safety associated with the assigned work; (i) "construction" means building, erection, excavation, altera- tion, repair, renovation, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and work in connection with it; (j) "CSA" means the Canadian Standards Association; (k) "engineering controls" means the physical arrangement, de- sign or alteration of workstations, equipment, materials, pro-

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 392 duction facilities or other aspects of the physical work envi- ronment, for the purpose of controlling risk; (l) "hazardous health occupa tion" means an occupation from which an occupational disease may arise; (m) "hot work" means work which involves burning, welding, cutting, grinding, using fire or spark producing tools or other work that produces a source of ignition; (n) "injury" means (

i) an injury as a result of a chance event occasioned by a physical or natural cause, (ii) an injury as a result of wilful and intentional act, not being the act of the worker, (iii) disablement, (iv) occupational disease, or (

v) death as a result of an injury arising out of and in the course of employment and includes a recurrence of an injury and an aggravation of a pre-existing condition but does not include stress other than stress that is an acute reaction to a sudden and unexpected traumatic event; (o) "occupation" means an employment, business, calling or pursuit but does not include an endeavour that is not in- cluded in one of the classes of occupations in the current Na- tional Occupational Classification List developed by the De- partment of Human Resources and Social Development Canada in collaboration with Statistics Canada; (p) "occupational disease" means a disease prescribed by regula- tions under

section 90 of the Workplace Health, Safety and Compensation Act and another disease peculiar to or charac- teristic of a particular industrial process, trade or occupation; (q) "occupational health service" means a service established in or near a workplace to maintain and promote the physical

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 393 and mental well-being of workers and may include person- nel, equipment, transportation, supplies and facilities; (r) "plant" means buildings, equipment and facilities where a worker or self-employed person is engaged in an occupation; (s) "professional engineer" m eans a person who holds a certifi- cate of registration to engage in the practice of engineering under the Engineers and Geoscientists Act; (t) "proof test" means a test applied to a product to determine material or manufacturing defects; (u) "qualified" means being knowledgeable of the work, the hazards involved and the mean s to control the hazards, by reason of education, training, experience or a combination of them; (v) "TLV" means the documentation of threshold limit values for chemical substances and phy sical agents in the work en- vironment published annually or more frequently by the ACGIH; and (w) "work platform" means an el evated or suspended temporary work base for workers.

(2) In these regulations, a refe rence to a code or guideline, unless otherwise stated, includes ame ndments to that code or guideline and a reference shall be presumed to be a reference to the most current code or guideline.

(3) Where there is a conflict be tween a standard established by these regulations or a code or standard adopted by these regulations, the more stringent standard applies. 3.

(1) These regulations apply to all employers and self-employed persons and workers and other persons to whom the Act applies except where the context of the regulations indicates otherwise. Application

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 394

(2) Where the workplace is a mine as defined in the Mining Act, in the case of a conflict between these regulations and the Mines Safety of Workers Regulations, these regulations shall apply. 4. The division may approve and distribute educational material, information and statistics required in the administration of the Act. 5.

(1) Where an employer cannot resolve an issue in the workplace regarding occupational health and safety and there is a refusal to work, the issue shall be referred to the occupational health and safety commit- tee, the worker health and safety representative or the workplace health and safety designate, as appropriate, and the employer shall notify the division.

(2) Where a notification under subsection (1) is made orally, the employer shall provide the division with a written confirmation of the notification within 5 days of the oral notification.

(3) Where action has been taken by a worker to exercise the right to refuse to work under the Act, the employer shall not assign a substitute worker to perform those duties unless the substitute worker has been informed of the prior refusal and the reason for that refusal. 6.

(1) Stop work orders shall (

a) be posted in the workplace; and (

b) where applicable, state the remedial action to be taken.

(2) A copy of a stop work order shall be provided by the divi- sion to the occupational health and sa fety committee, the worker health and safety representative or the wor kplace health and safety designate, as appropriate.

(3) A stop work order shall not be cancelled or removed from the workplace until the remedial acti on has been taken to the satisfac- tion of an officer. 7.

(1) An appeal under

section 33 of the Act or an application un- der

section 51 of the Act to the board shall contain (

a) the name and address of the person making the appeal or the application; Responsibility of division Right to refuse work Stop work orders Appeal

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 395 (

b) the names and addresses of all other parties involved in the appeal or application; and (

c) a statement of the grounds on which the appeal or applica- tion is being made.

(2) The board shall (

a) give notice of the appeal or application; and (

b) send one or more copies of the appeal or application to all parties considered by the boar d to be affected by the appeal or application.

(3) The parties referred to in subsection (2) shall, within 14 cal- endar days of receiving a copy of the appeal or application, file a reply with the board.

PART II NOTICE REQUIREMENTS 8. Before beginning a new construction project or an industrial enterprise that is intended to continue for 30 days or more, an employer shall (

a) send a written notice to the minister containing the name of the plant or construction site, its location, the mailing ad- dress to which correspondence should be directed, the nature of the work, the numbers of workers to be employed and the name of the firm under which the business is to be carried on; and (

b) in the case of a plant, pr ovide the minister, upon request, with plans showing the plant buildings and the main disposi- tion of equipment and information relevant to processes and the nature of the substances that may be used. 9.

(1) The occupational diseases for which notification is required under

section 60 of the Act shall be those set out in the Schedule.

(2) Notwithstanding that it is not a disease referred to in the Schedule, an employer shall inform the minister of a disease or illness New project Notifiable occupa- tional diseases

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 396 affecting a worker in his or her empl oy that is determined by a medical practitioner to be an occupational or work related disease or illness.

(3) Where an employer is advised by or on behalf of a worker that the worker has an occupational disease or that a claim in respect of an occupational disease has been filed with the Workplace Health, Safety and Compensation Commission by or on behalf of the worker, the employer shall give notice to the division within 3 days of being advised. 10.

(1) In this section, "serious injury" includes an injury that (

a) places life in jeopardy; (

b) produces unconsciousness; (

c) results in substantial loss of blood; (

d) involves the fracture of a leg or arm but not a finger or toe; (

e) involves the amputation of a leg, arm, hand, foot, finger or toe; (

f) consists of burns to a major portion of the body; or (

g) causes the loss of sight in an eye.

(2) An employer shall, within 3 days after an accident happens to a worker that results in a serious injury to the worker, provide writ- ten notice to the minister advising th e minister that an accident has oc- curred and containing the following information: (

a) the nature of the accident; (

b) the time and pl aced of the accident; (

c) the name and address of th e worker injured in the accident; and (

d) the name and address of th e physician who treated or is treating the worker for the injury. Serious injury

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 397

(3) A fatality shall be reported to the minister immediately by telephone, or by whatever other means of communication that are read- ily available and that report shall be followed up in writing within 5 days.

(4) For the purpose of subsection (2), a copy of the applicable report of injury form is acceptable.

(5) Where the minister finds that it is impractical to conduct an investigation respecting an accident, the report of the investigation by the employer conducted in consultation with the occupational health and safety committee or the worker health and safety representative or the workplace health and safety designate shall be forwarded to the minister.

(6) Where a medical practitioner requires a worker to be exam- ined to determine (

a) the extent of an injury suffered in the course of his or her occupation; or (

b) whether he or she suffers from an occupational disease, the medical report of the commission may be accepted. 11. An employer whose work activities result in a hit or damage to a pipeline, buried electrical cable, overhead cable or other utility shall notify the owner of the utility without delay.

PART III GENERAL DUTIES 12.

(1) An occupational health and safety program required under

section 36.1 of the Act shall be signed and dated by the employer and by the person or persons responsible for the management of the em- ployer’s operations in the province and shall include: (

a) a statement of the employe r’s commitment to cooperate with the occupational health and safety committee and workers in the workplace in carrying out th eir collective responsibility for occupational health and safety; Notification to utilities Occupational health and safety program

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 398 (

b) a statement of the respective responsibilities of the em- ployer, supervisors, the occupational health and safety com- mittee and workers in carrying out their collective responsi- bility for occupational health and safety; (

c) procedures to identify the ne ed for, and for the preparation of written safe work procedures to implement health and safety practices, including practices required by the Act and the regulations, or as required by an officer; (

d) written work procedures appr opriate to the hazards and work activity in the workplace; (

e) a plan for orienting and training workers and supervisors in workplace and job-specific safe work practices, plans, poli- cies and procedures, including emergency response, that are necessary to eliminate, reduce or control hazards; (

f) provisions for establishing and operating an occupational health and safety committee, including provisions respecting (

i) maintenance of me mbership records, (ii) procedural rules, (iii) access by the committee to management staff with the authority to resolve health a nd safety issues and to in- formation about the employer’s operations required un- der the Act and the regulations, and (iv) a plan for training committee members as required un- der the Act; (

g) a system for the recognition, evaluation and control of haz- ards that includes: (

i) evaluation and monitoring of the workpl ace to identify potential hazards and the associated risks, (ii) procedures and schedules for regular inspections by management and committee members,

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 399 (iii) procedures for the iden tification, reporting and control or correction of hazards, (iv) procedures for the prom pt investigation of hazardous occurrences to determine the cause of the occurrence and the actions necessary to prevent a recurrence, (

v) identification of the circ umstances where the employer is required to report hazards to the committee and the procedures for doing so, and (vi) measures for the accountability of persons responsible for the reporting and correction of hazards; (

h) a plan for the control of biological and chemical substances handled, used, stored, produced or disposed of at the work- place and where appropriate, the monitoring of the work en- vironment to ensure the health and safety of workers and other persons at or near the workplace; (

i) a system to ensure that pe rsons contracted by the employer or for the employer’s benefit comply with the program de- veloped under this

section and the Act and regulations; (

j) an emergency response plan; (

k) maintenance of records and statistics, including occupational health and safety committee minutes, reports of occupational health and safety inspections and investigations, with proce- dures to allow access to them by persons entitled to receive them under the Act; and (

l) provision for monitoring the implementation and effective- ness of the program.

(2) An employer that is required to establish and maintain an occupational health and safety program under

section 36.1 of the Act shall (

a) implement the occupational health and safety program; and (

b) review and, where necessary, revise the occupational health and safety program as follows:

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 400 (

i) at least every 3 years, (ii) where there is a change of circumstances that may affect the health and safety of workers, and (iii) where an officer requests a review. 13.

(1) An occupational health and safety policy required under

section 36.2 of the Act shall be signed and dated by the employer and by the person or persons responsible for the management of the em- ployer’s operations in the province, and shall contain a statement of the employer’s commitment to occupational health and safety that in- cludes: (

a) a statement of the employe r’s commitment to cooperate with the worker health and safety representative or the workplace health and safety designate an d workers in the workplace in carrying out their collective responsibility for occupational health and safety; and (

b) a statement of the respective responsibilities of the em- ployer, supervisors, the worker health and safety representa- tive or the workplace health a nd safety designate and other workers in carrying out their collective responsibility for oc- cupational health and safety.

(2) An employer that is required to establish and maintain an occupational health and safety policy under

section 36.2 of the Act shall review and, where necessary, update the policy at least annually, in consultation with the worker health and safety representative or the workplace health and safety designate. 14.

(1) An employer shall ensure, so far as is reasonably practicable, that all buildings, structures, whethe r permanent or temporary, excava- tion, machinery, workstations, pl aces of employment and equipment are capable of withstanding the stresses likely to be imposed upon them and of safely performing the functions for which they are used or in- tended.

(2) An employer shall ensure that necessary protective clothing and devices are used for the health and safety of his or her workers. Occupational health and safety policy General duties of employers

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 401

(3) The employer shall ensure that safe work procedures are followed at all workplaces.

(4) An employer shall ensure, so far as is reasonably practicable, that work procedures pr omote the safe interacti on of workers and their work environment to minimize the potential for injury. 15.

(1) In this section, "to work alone or in isolation" means to work in circumstances where assistance would not be readily available to the worker (

a) in case of an emergency; or (

b) in case the worker is injured or in ill health.

(2) An employer shall conduct a risk assessment where a worker is assigned to work alone or in isolation;

(3) Where a risk assessment required under subsection (2) iden- tifies a hazard, appropriate controls shall be implemented to eliminate, or where elimination is not practi cable, minimize the risk associated with the hazard;

(4) An employer shall develop and implement a written proce- dure for checking the well-being of a worker assigned to work alone or in isolation;

(5) A procedure referred to in subsection (4) shall include the time interval between checks and th e procedure to follow in case the worker cannot be contacted, includi ng provisions for emergency re- sponse;

(6) A person shall be designated to establish contact with the worker at predetermined intervals a nd the results shall be recorded by the person;

(7) A procedure referred to in subsection (4) shall be developed in consultation with the worker assigned to work alone or in isolation, the occupational health and safety committee, the worker health and safety representative or designate, whichever applies;

(8) A procedure referred to in subsection (4) shall be reviewed at least annually, or more frequently if there is Working alone

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 402 (

a) a change in work arrangements that may adversely affect a worker's well-being or safety; or (

b) a report that procedures are not working effectively. 16.

(1) Except as provided elsewhere in these regulations, the safe working load of equipment shall be that specified by the manufacturer.

(2) The safe working load of equipment shall be certified by a suitably qualified and registered professional engineer or other person named by the employer and acceptable to the assistant deputy minister where (

a) the manufacturer’s specifi cation or other acceptable war- ranty cannot be produced; (

b) the equipment has been modified in a manner that changes its safe working load; (

c) wear, corrosion, damage or signs of fatigue are found which may reduce the safe working load; (

d) the equipment is used in a manner or for a purpose other than that for which it was originally designed, where that use changes the safe working load; or (

e) the provision of the certification is considered to be neces- sary by an officer. 17.

(1) A worker shall make proper use of all necessary safeguards, protective clothing, safety devices, lifting devices or aids, and appli- ances (

a) designated and provided for his or her protection by the em- ployer; or (

b) required under these regulations to be used or worn by a worker.

(2) A worker shall follow the safe work procedure in which he or she has been instructed. Safe working load of equipment General duties of workers

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 403

(3) A worker shall immediately report a hazardous work condi- tion that may come to his or her attention to the employer or supervisor. 18.

(1) Regular inspections of all buildings, excavations, structures, machinery, equipment, work practices and places of employment shall be made by the employer or his or her representative at intervals to ensure that safe working conditions are maintained and that unsafe conditions found as a result of the inspection are remedied without de- lay.

(2) Where an unsafe condition is discovered by a person, it shall be reported as soon as practicable to a supervisor who shall ensure that appropriate action is taken, without delay, to prevent a worker from being injured.

(3) Where emergency action is required to correct a condition that constitutes an immediate threat to workers, only those qualified and properly instructed workers neces sary to correct the unsafe condi- tion shall be exposed to the hazard and every possible effort shall be made to control the hazard while the corrective action is taking place. 19.

(1) An owner shall ensure that all workers and other persons at the workplace are informed of (

a) the hazards of an owner's operations or site conditions; and (

b) the health and safety activities to be used to address the haz- ards.

(2) A principal contractor shall ensure work schedules and tasks are organized to provide safe working conditions for workers. 20. Where a construction project involves the work of 2 or more employers or their workers, (

a) the principal contractor sh all ensure compliance with the regulations where conditions or activities affect the workers of more than one employer; and (

b) each employer shall notify th e principal contractor in ad- vance of an undertaking like ly to create a hazard for a worker of another employer. Safety inspections Co-ordination of work Two or more em- ployers

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 404 21. Where, at a work location, th e overlapping or adjoining work activities of 2 or more employers create a hazard to workers and the combined work force at the workplace is more than 5 persons, the prin- cipal contractor shall (

a) ensure that an individual is designated at the work location to coordinate communication for the purpose of ensuring health and safety on the worksite; and (

b) where the principal contractor is not at the work location the principal contractor shall designate a person to assume the duty. 22.

(1) In this

section and sections 23 and 24, "violence" means the attempted or actual exercise by a pe rson, other than a worker, of physi- cal force to cause injury to a wo rker, and includes threatening state- ments or behaviour which gives a worker reason to believe that he or she is at a risk of injury.

(2) An employer risk assessmen t shall be performed in a work- place in which a risk of injury to workers from violence arising out of their employment may be present.

(3) The risk assessment shall include the consideration of (

a) previous experience in the workplace; (

b) occupational experience in similar workplaces; and (

c) the location and circumstances in which work may take place. 23. Where a risk of injury to workers from violence is identified by an assessment performed under

section 22 the employer shall (

a) establish procedures, policies and work environment ar- rangements to eliminate the ri sk to workers from violence; and (

b) where elimination of the risk to workers is not possible, es- tablish procedures, policies and work environment arrange- ments to minimize the risk to workers. Appointment of qualified co- ordinator Violence prevention Procedures and policies

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 405 24.

(1) An employer shall inform workers who may be exposed to the risk of violence of the nature of the risk and the precautions that may be taken.

(2) The duty to inform workers in subsection (1) includes a duty to provide information related to the risk of violence from persons who have a history of violent behaviour and whom workers are likely to encounter in the course of their work.

PART IV OCCUPATIONAL HEALTH AND SAFETY COMMITTEES, REPRESENTATIVES AND DESIGNATES 25.

(1) An employer shall ensure that (

a) an occupational health and safety committee is established; (

b) a worker health and safety representative is appointed; or (

c) a workplace health and safety designate is designated; and (

d) a copy of the Act and regulations under the Act are easily accessible to an employee.

(2) Minutes of all regular meetings and special committee meet- ings shall be recorded in the form prescribed by the commission and one copy shall be kept on file with the committee, one copy shall be filed with the commission and one copy shall be posted in a prominent place in the workplace.

(3) A worker health and safety representative or a workplace health and safety designate shall report to the commission in the form required by the commission.

(4) An occupational health and safety committee shall (

a) meet within 2 weeks of its establishment; (

b) elect co-chairpersons as required by subsection 38(6) of the Act; and (

c) notify the commission of the elected co-chairs. Instruction to work- ers Operations of committees, repre- sentatives and designates

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 406

(5) A quorum of the committee shall consist of one-half of its membership, provided that both em ployer and worker members are equally represented.

(6) Where an agreement can not be reached between co- chairpersons on convening a meeti ng of the committee, the minister may be requested to intervene.

(7) The minister may require that a committee have monthly meetings where a particular hazard is involved, the operations are par- ticularly complex or large numbers of workers are involved.

(8) A representative of the employer and (

a) the workers of an occupatio nal health and safety committee; (

b) the worker health and safety representative; or (

c) the workplace health and sa fety designate, except where the workplace health and safety designate is the employer, have the right to accompany an officer of the division when the health and safety inspections are being conducted.

(9) Copies of all health and safety inspection reports made by an officer of the division, shall be circulated by the employer to (

a) the occupational health and safety committee; (

b) the worker health and safety representative; or (

c) the workplace health and safety designate.

PART V GENERAL HEALTH AND SAFETY REQUIREMENTS 26.

(1) A worker with a medically documented physical or mental impairment shall not be assigned to work where those impairments endanger the health and safety of that worker or other workers.

(2) An employer, supervisor or worker shall not enter or remain on the premises of a workplace or at a job site while his or her ability to Personal conduct

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 407 perform work responsibilities is impaired by intoxicating substances or another cause that endangers his or her health or safety or that of other workers.

(3) A person shall not engage in horseplay, scuffling, unneces- sary running or jumping, practical jokes or other similar activity or be- haviour that may create or constitute a hazard to workers.

(4) Before tools, machinery or equipment is put into operation, the person responsible for doing so shall ensure that all guards are in place and that putting the equipment into operation does not endanger a person. 27.

(1) Where a worker is to travel over or work on ice and the wa- ter beneath the ice is more than on e metre deep at any point, the em- ployer of the worker shall ensure th e ice supports the load to be placed on it.

(2) The employer shall test the ice for the purpose of subsection (1) (

a) before work begins; and (

b) as often during the work as necessary to ensure the safety of the workers. 28.

(1) Guardrails shall be installed where an open-sided floor, working platform, runway, walkway or balcony is over 1.22 metres above the existing floor or ground level.

(2) Detour guardrails shall be installed where a stairway ends in direct proximity to dangerous traffic or other hazards.

(3) An employer shall ensure that a guardrail is secured so that it cannot move in any direction if it is struck or if a point on it comes in contact with a worker, materials or equipment.

(4) Guardrails shall be installed on walkways over open tanks containing harmful substances or over open tanks 1.22 metres or more in depth. Travel over and work on ice Guardrails

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 408

(5) Walkways and platforms installed over machinery and work areas shall be equipped with toe bo ards at least 10 centimetres high along all sides of the walkway or platform.

(6) A guard rail shall have a top rail located at least .9 metres but not more than 1.1 metres above the working surface and an inter- mediate rail located midway between the top rail and the working sur- face. 29.

(1) Where work is being done at a distance greater than 2 metres from the edge of a roof that has a slope of less than 3/12, the employer shall implement control zones to alert workers upon entering within 2 metres of the edge without an appropriate means of fall protection.

(2) Where work is being done from the edge of a roof or within 2 metres of the edge of a roof that has a slope of less than 3/12 in cir- cumstances described in paragraph 141(a), (

b) or (c), fall protection shall be used, in accordance with paragraph 141(d), (e), (f), (g), or (h).

(3) Where work is being done from or on a roof that has a slope that is equal to or greater than 3/12 but less than 6/12, under circum- stances described in paragraph 141(a), (

b) or (c) (

a) a fully decked scaffold with toeboards installed continuously along the edge of the roof, (

b) roof brackets, guardrails and toeboards installed continu- ously along the edge of the roof, or (

c) a fall arrest system in accordance with paragraph 141(

d) shall be implemented.

(4) Where work is being done from a roof that has a slope that is equal to or greater than 6/12 but less than 9/12, under circumstances described in paragraph 141(a), (

b) or (c), a combination of 2 of the fol- lowing shall be implemented: (

a) roof brackets, (

b) a fully decked scaffold with toeboards installed continuously along the length of the eave, and Roof work

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 409 (

c) a fall arrest system in accordance with paragraph 141(d).

(5) Where work is done from or on a roof that has a slope equal to or greater than 9/12, under circumstances described in paragraph 141(a), (

b) or (c), roof brackets with planks and a fall arrest system shall be used in accordance with these regulations.

(6) Crawl boards and ladders used for roof work shall be se- curely fastened over the ridge of th e roof or be otherwise effectively anchored.

(7) An eavestrough shall not be used to support a crawl board or ladder on a roof. 30.

(1) Where a worker is employed around an open tank containing liquid or a harmful substance, the sides of the tanks shall be constructed to extend at least 91.44 centimetres above a working platform or stan- dard guardrails shall be provided to prevent the worker from falling into the tank.

(2) A hole or pit in a floor, roof, walkway or work area accessi- ble to a worker shall be securely covered and identified.

(3) Where a vehicle service pit is used so frequently that com- pliance with this

section is impractical, the perimeter of the pit shall be delineated by high visibility, luminescent, skid-resistant paint instead of guardrails.

(4) A vehicle service pit shall have a fixed ladder at each end. 31.

(1) Material and equipment shall be placed, stacked or stored in a stable and secure manner that does not constitute a hazard to a worker who is in the area or who is manually stacking the items.

(2) Stacked material or containe rs shall be stabilized where nec- essary by interlocking, strapping or other effective means of restraint.

(3) A worker shall not enter or remain in a place where there is a danger of entrapment or engulfment unless (

a) safe access and a safe work area is provided by catwalks, walkways, barriers or other means; or Openings, pits and tanks Material storage

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 410 (

b) measures are taken, where pr acticable, to control the risk of entrapment or engulfment and, where the risk is not elimi- nated, the worker (

i) shall use a lifeline and harness prescribed in

Part X that keeps the worker in a position to be able to be rescued, and (ii) is continuously tended by a standby person who is equipped for and capable of effecting immediate rescue.

(4) An area in which material may be dropped, dumped or spilled shall be guarded to prevent inadvertent entry by a worker, or protected by adequate covers and guarding. 32. Signs posted in a workplace for the purpose of providing infor- mation about health and safety shall conform with the requirement of a standard acceptable to the minister. 33. An employer shall, to the exte nt reasonably practical, ensure that a workplace or an area in that workplace is not so overcrowded as to cause risk of injury to the health or safety of a worker. 34.

(1) Where the regular work process results in liquid spilling on to the floor or work areas, and where this spillage could introduce a slipping or other hazard, floor drains shall be installed or other suitable means used or adopted to eliminate this hazard.

(2) Only an approved non-com bustible grease and oil absorbent shall be used to eliminate a hazard referred to in subsection (1).

(3) Where wet processes are used , an employer or contractor shall ensure that reasonable drainage is maintained and that false floors, platforms, mats or other dry stan ding places are provided and kept clean. 35. Where a worker may be exposed to flying fragments or parti- cles, he or she shall be protected by an appropriate barrier or wear ap- propriate personal protection equipment. 36.

(1) An employer shall provide sufficient and suitable lighting, whether natural or artificial, in every part of a workplace while a work- er is present and the illumination shall comply with the standards set by Signage Overcrowding Slipping hazards Barriers Illumination

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 411 the American National Standards Institute - Illuminating Engineering Society, or other standards acceptable to the minister.

(2) An artificial light source or reflective surface shall be posi- tioned, screened or provided with a shade to prevent glare or discom- fort or the formation of shadows that cause eyestrain or a risk of acci- dent or injury to workers.

(3) Where the visibility in a work area is restricted due to the presence of smoke, steam or other substances in the atmosphere, and where this condition may result in injury to workers, corrective meas- ures shall be taken to eliminate, control or reduce the hazard.

(4) Handling, storage and disposal of fluorescent bulbs shall be in accordance to manufacturers' instructions.

(5) Fluorescent bulbs shall be stored in suitable containers.

(6) Where fluorescent bulbs are disposed of by crushing or compacting, it shall be done in an area adequately ventilated to protect the health and safety of the worker and the worker shall be provided with and use appropriate protective equipment. 37. Compressed air shall not be used to clean clothes, machinery, work benches or floors. 38.

(1) An employer shall conduct a risk assessment in a workplace in which a need to rescue or evacuate workers may arise.

(2) Where the risk assessment required by subsection (1) shows a need for evacuation or rescue, appropriate written procedures shall be developed and implemented and a worker assigned to coordinate their implementation.

(3) Written rescue and evacuation procedures are required for but not limited to (

a) work at high angles; (

b) work in confined spaces or where there is a risk of entrap- ment; (

c) work with hazardous substances; Compressed air Emergency plan risk assessment

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 412 (

d) underground work; (

e) work in close proximity to power lines; (

f) work on or over water; and (

g) workplaces where there ar e persons who require physical assistance to be moved.

(4) Where a workplace is a low ri sk workplace in the opinion of an employer, the employer shall po st information ab out escape routes and conduct emergency drills he or she considers appropriate. 39.

(1) An emergency exit route shall be provided from a work area in which the malfunctioning of equipment or a work process could cre- ate an immediate danger to a work er and the regular means of exit could become dangerous or unusable.

(2) An emergency exit route sha ll be designed and marked to provide quick and unimpeded exit.

(3) At least once a year an emergency drill shall be held to en- sure awareness and effectiveness of the emergency exit routes and pro- cedure, and a record of the drill shall be kept for a period of 5 years. 40.

(1) Where a failure of a lighting system would create conditions dangerous to the health and safety of workers, an emergency lighting system shall be provided for the workplace and the exit routes.

(2) An emergency lighting system shall provide dependable illumination while the primary lighting system is off to enable all emergency measures to be carried out, including (

a) emergency shutdown procedures, and (

b) evacuation of workers from the premises. 41.

(1) A worker shall be given adequate instruction in the fire pre- vention and emergency evacuation procedures applicable to his or her workplace.

(2) A worker assigned to fire fighting duties in a workplace shall be given adequate training by a qualified instructor in fire suppression Emergency proce- dures Emergency lighting Emergency training

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 413 methods, fire prevention, emergency procedures, organization and chain of command, firefighting crew safety and communications appli- cable to the workplace in accordance with National Fire Protection As- sociation standards.

(3) Retraining for firefighting duties shall be provided periodi- cally, but not less than once a year.

PART VI OCCUPATIONAL HEALTH REQUIREMENTS 42.

(1) An employer shall monitor th e use or presence of substances at the workplace that may be hazar dous to the health and safety of workers.

(2) In accordance with subsection (1), an employer shall imple- ment a chemical and biological control program commensurate with the associated risks.

(3) In accordance with subsectio n (1), an employer shall elimi- nate hazardous substances from th e workplace and where this is not practicable substitute a less hazardous substance.

(4) Where hazardous substances exist, an employer shall em- ploy engineering and administrative controls to ensure their safe use.

(5) An employer shall ensure that a substance produced, used or handled at a workplace which by reas on of toxicity, flammability or reactivity creates a risk to the health or safety of workers is controlled in accordance with the Material Safe ty Data Sheet or manufacturer's specifications.

(6) Where the minister determines that the use or presence of a hazardous substance at a place of employment may be injurious to the health of workers, the minister may inquire into the substance and may prohibit, restrict or modify the use of the substance until a time that an employer establishes to the minister th at its use or presence is not inju- rious to the health of workers.

(7) An employer shall ensure that (

a) atmospheric contamination of the workplace by hazardous substances is kept as low as is reasonably practicable; Hazardous sub- stances

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 414 (

b) a worker is informed of th e nature and degree of health ef- fects of the hazardous substances to which the worker is ex- posed; (

c) exposure of a worker to h azardous substances is as minimal as is reasonably practicable, and where a threshold limit value has been established by the ACGIH, exposure shall not exceed the threshold limit value; (

d) except as otherwise determined by the division, a worker is not exposed to a substance that exceeds the ceiling limit, short-term exposure limit or 8-hour TWA (time weighted average) limit prescribed by ACGIH; and (

e) where a substance referred to in paragraph (

d) has an 8-hour TWA limit, a worker's exposur e to the substance does not exceed (i) 3 times the 8-hour TWA limit for more than a total of 30 minutes during the work period, and (ii) 5 times the 8-hour TWA limit.

(8) Where extended work periods exist where the work period is more than 8 hours in a 24 hour day, the 8 hour exposure shall be ad- justed accordingly as outlined in th e ACGIH "Threshold Limit Values (TLVs)" Manual.

(9) Adjustment of TLVs, as required, shall be done in consulta- tion with the occupational health and safety committee, the worker health and safety representative or the workplace health and safety des- ignate, as appropriate.

(10) Where a worker is exposed to a substance which is desig- nated as a reproductive toxin or a sensitizer, an employer shall develop policy and procedures appropriate to the risk, which may include pro- tective reassignment.

(11) Where workers may be expo sed to contact with chemicals harmful to the skin, facilities shall be available for the worker to effec- tively cleanse the contaminated body areas, including, where corrosive chemicals are involved, emergency wa ter baths, showers, jump tanks, eyewash facilities or other effective means of treatment.

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 415

(12) The policy and procedures required by subsection (10) shall include (

a) informing workers about the reproductive toxin and identify- ing ways to minimize exposure to the toxin for a worker who has advised the employer of pregnancy or intent to conceive a child; and (

b) identifying ways to eliminat e exposure to a sensitizer for a worker who is or may become sensitized to that substance.

(13) Solvents, oils, greases, paints or other flammable substances shall be cleaned up by using an approved non-combustible grease and oil absorbent which shall be placed in covered metal containers before disposal.

(14) Containers referred to in subsection (13) shall not be stored in work areas. 43.

(1) In accordance with subsection 42(2), an employer shall as- sess the need for and extent of health surveillance of his or her workers.

(2) Based on the results of the assessment under subsection (1), an employer shall establish and maintain a program for the surveillance of the health of workers, which sh all be in accordance with the follow- ing guidelines (

a) the International Code of Ethics for Occupational Health Professionals; and (

b) the International Labour Organization’s Technical and Ethi- cal Guidelines for Health Surveillance.

(3) In addition, to subsections (1) and (2), the minister may (

a) designate a workplace or cla ss of workplaces as requiring an occupational health surveillance program; or (

b) make requirements for modifications to an occupational health surveillance program. Health surveillance

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 416

(4) An employer shall ensure th at an occupational health sur- veillance program in a workplace is communicated to employees of that workplace.

(5) The minister may require a worker to undergo a medical examination as part of a health surveillance program where it may be necessary for the prevention of occupational disease.

(6) A medical examination shall be performed during normal working hours without loss of pay to workers.

(7) Where the minister has been advised by a physician that a worker has been adversely affected by a hazardous substance in the workplace and requires temporary removal or workplace accommoda- tion from that workplace or hazard, the minister may require the em- ployer to provide without loss of pay to the worker temporary alterna- tive work for the time period required.

(8) An employer shall keep records of a health surveillance pro- gram for a period of time specified by the minister, and these records shall be made available to (

a) an employee who requests information pertaining to his or her health surveillance records; and (

b) where a physician is no longer able to keep medical records pertaining to an occupational exposure, the minister shall be notified in advance to make a lternate arrangements that are in accordance with the guidelines of the College of Physi- cians and Surgeons of Newfoundland and Labrador regard- ing the retention and storage of medical records. 44.

(1) An employer shall ensure that a thermal environment which is reasonable and consistent with the nature and degree of the work performed, as established by the ACGIH, is provided and maintained in a workplace.

(2) An employer shall provide appropriate and suitable monitor- ing equipment in a workplace where the thermal environment is likely to pose a hazard to a worker. Thermal environ- ment

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 417

(3) Under unusually hot or cold working conditions an employer shall make further provision for the health and safety and reasonable thermal comfort of a worker, which may include: (

a) regular monitoring, posting of warning devices and addi- tional first aid measures; (

b) provision of special equipment and clothing; (

c) provision of sc reens or shelters; (

d) medical supervision, hot or cold drinks and acclimatization procedures; (

e) limited work schedules with rest periods; and (

f) other appropriate controls and measures.

(4) In a workplace, an open flame, steampipe or other high tem- perature source shall be identif ied at the source and positioned or shielded to prevent contact by a wo rker, unless the exposed source is necessary for work processes and cannot be appropriately controlled by engineering means.

(5) Where a source referred to in subsection (4) is necessarily exposed, a worker shall wear appr opriate personal protective equip- ment. 45.

(1) An employer shall ensure that (

a) there is appropriate circula tion of clean and wholesome air; (

b) there is adequate ventilation; and (

c) impurities are made harmless and inoffensive in a workplace in accordance with standards established by ASHRAE and ACGIH.

(2) Where a work or process gives off dust, fumes, vapour, mist or other impurity of a kind and quantity liable to be injurious or offen- sive to a worker, an employer sha ll provide, maintain and ensure the proper use of a ventilation system sufficient to protect the worker Ventilation

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 418 against inhalation of impurities a nd to prevent impurities accumulating in the work space.

(3) Where practicable, local exhaust ventilation shall be in- stalled and maintained near to the point of origin of an impurity to pre- vent it entering the air of the work place and the breathing zone of its workers.

(4) Impurities removed under subsections (2) and (3) shall be exhausted clear of a workplace and prevented from entering a work- place.

(5) An employer shall ensure that, (

a) all parts of a ventilation system are maintained; (

b) louvers are cleaned regularly; and (

c) ventilation openings are free of obstruction and sources of contamination.

(6) Where possible, exhaust from an internal combustion engine operated indoors shall be vented to the outdoors.

(7) Where mobile equipment powered by an internal combus- tion engine is operated indoors or in an enclosed work area (

a) the engine shall be adequately serviced and maintained to minimize the concentration of air contaminants in the ex- haust to the applicable ACGIH Standards, and (

b) the work area shall be assessed to determine the potential for exposure of workers to harmful levels of exhaust compo- nents.

(8) Where a worker is or may be exposed to an exhaust gas component in concentrations exceedin g the applicable exposure limits, exhaust gas scrubbers, catalytic co nverters, or other engineering con- trols shall be installed.

(9) An employer, contractor or owner shall ensure that (

a) the mechanical ventilation system

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 419 (

i) including humidification equipment, is constructed and maintained to minimize the growth and dissemination of micro-organisms, insects and mites through the ventila- tion system, and (ii) where reasonably practi cable, is readily accessible for cleaning and inspection; (

b) a qualified person inspects and maintains all parts of a me- chanical ventilation system, cleans all louvers and replaces or adequately cleans all filters at a frequency that is suffi- cient to protect the health and safety of workers; (

c) a record of all inspections , maintenance and cleaning of the mechanical ventilation system is (

i) completed by a qualified person who performs the work, and (ii) readily available for examination by the occupational health and safety committee, or worker representative or designate or, where there is no committee, representa- tive or designate, by the workers and the occupational health and safety officer; (

d) when mechanical ventilation is required, the ventilating fans are located to prevent recirculation of contaminated air; and (

e) measurements of the air volume of the mechanical ventila- tion system are taken at suitable intervals to ensure compli- ance with the minimum air volume requirements in accor- dance with standards established by ASHRAE, ACGIH or other applicable standard approved by the minister.

(10) An employer shall ensure that, wherever possible, a less hazardous substance or work process is used in preference to a more hazardous substance or process.

(11) A ventilation system used to control airborne contaminants shall have electrical and mechani cal systems designed to control all potential ignition sources and meet the requirements of the Canadian Electrical Code.

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 420 46.

(1) In this

section (a) "blasting" means the cleaning, smoothing, roughening or removing of part of the surface of an

article by the use as an abrasive of a jet of sand, metal shot or grit or other material propelled by compressed air or steam or by a wheel; (b) "blasting chamber" means a blasting enclosure into which workers enter; (c) "blasting enclosure" means a chamber, barrel, cabinet or other similar enclosure designed for the purpose of blasting in it; (d) "cleaning of castings" means, where done as an incidental or supplemental process in connection with the making of metal castings, the freeing of the castings from adherent sand or other substance, and includes the removal of cores and the general smoothing of the castings where the freeing is done, but does not include the freeing of castings from scale formed during annealing or heat treatment; (e) "sandblasting" means the process of projecting sand by means of compressed air or steam or by a wheel; (f) "silica dust" means dust of respirable particle size and com- posed substantially of uncombined silica (Silicon Dioxide S iO2); (g) "silica flour" means the ground material produced by the milling of siliceous rocks or other siliceous substances, in- cluding diatomite (Kieselguhr, diatomaceous earth); (h) "uncombined silica" means silica which is not combined chemically with another element or compound; and (i) "use of a parting material" means the application of a mate- rial to a surface of a pattern or of a mould to facilitate the separation of the pattern from a mould or the separation of parts of the mould.

(2) The provisions of this

section apply wherever workers are employed in a silica process, including Silica regulation

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 421 (

a) sandblasting; (

b) the cleaning of castings; (

c) the blasting, fettling, grindi ng or dressing of a surface con- taining silica, including the engraving or abrasive cleaning of gravestones, buildings or structures of siliceous stones or rocks; (

d) a process in which silica flour is used; (

e) the manufacture of silica-containing refractory bricks or silica-containing substances and the dismantling or repair of the refractory lining of furnaces; (

f) a process which the chief occupational medical officer has reason to believe creates a risk to the health of workers by silica dust; and (

g) a process that includes the getting, cutting, splitting, crush- ing, grinding, milling, drilling, sieving, or other mechanical manipulation of gravel or siliceous stone or rock where there is potential for exceeding 1% free silica or 50% of TLV.

(3) An employer shall ensure that at every silica process except sandblasting to which subsection (12) applies, the entry into the air of silica dust is prevented where reasonably practicable by the provision of (

a) total or partial enclosure of the process; (

b) efficient local exhaust ventilation; (

c) jets or sprays of water or other suitable wetting agent; and (

d) another method considered suitable by the assistant deputy minister.

(4) An employer shall ensure that (

a) enclosure apparatus and exhaust ventilation equipment used or likely to be used to contain silica dust is maintained and is

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 422 inspected at least once in ever y 7 days and is certified by a competent person at least once in every calendar year; and (

b) effective means is provided to collect silica dust removed by exhaust ventilation equipment and to prevent its re-entry into a workroom, and every filtering or settling device situated in a workroom is completely separated from the general air of that workroom in an enclosure ventilated to the open air.

(5) Where it is not reasonably practicable to prevent the entry into the air of silica dust, the employer shall provide for the isolation of the worker from the air containing silica dust.

(6) Where it is not reasonably practicable to prevent the entry into the air of silica dust nor practicab le to isolate the worker from the air containing silica dust, and for all cleaning and maintenance work, the employer shall provide for the us e of each worker who may be ex- posed to silica dust (

a) approved respiratory protective equipment; and (

b) protective clothing, includin g coveralls and headgear, that, when worn, exclude silica dust and that is maintained and cleaned in a safe manner.

(7) A worker shall not be required to perform work for which respiratory protective equipment and clothing is provided unless fully instructed in the need for and proper use of that equipment and cloth- ing.

(8) An employer shall ensure that all places where silica dust may accumulate are regularly cleaned using vacuum methods wherever practicable.

(9) An employer shall ensure th at the standard for dust levels does not exceed the threshold limit value (TLV) established by the ACGIH.

(10) A worker who in the course of his or her employment is likely to be engaged in a silica process shall be warned by the employer of the danger to his or her health of inhaling silica dust and that the risk of injury is made greater by smoking.

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 423

(11) Persons under the age of 18 shall not be employed in a silica process nor in cleaning or maintenance work likely to involve exposure to silica dust except work that is a r ecognized part of apprenticeship or comparable course of training.

(12) An employer shall ensure that (

a) sandblasting is not done outside a blasting enclosure to an

article which it is practicable to introduce into a blasting en- closure; (

b) sand or other substance containing more than 1% by weight of respirable dust is not introduced into a blasting enclosure; (

c) sandblasting is not done except with the written permission of the officer and in accordance with the conditions and to the extent that he or she may prescribe; and (

d) sandblasting is not done underground, and sandblasting shall not be undertaken nor performed by an em- ployer, worker or self-employed person other than those registered for that purpose with the division.

(13) An employer shall ensure where practicable that castings, gravestones and other articles which are liable to give rise to silica dust by blasting are not blasted except in a blasting enclosure, and that work is not performed in a blasting enclosure except blasting and work im- mediately incidental to that and the cleaning and repairing of the enclo- sure and of plant and appliances situated in that enclosure.

(14) An employer shall ensure that every blasting enclosure which is liable to contain silica dust is (

a) constructed, operated and ma intained to prevent the escape of dust; (

b) provided with an efficient dust extraction system, which is kept in continuous operation whenever the blasting enclo- sure is in use whether or not blasting is actually taking place, and a blasting chamber is in ope ration when a worker is in- side the chamber;

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 424 (

c) specially inspected by a competent person once in every week in which it is used for blasting, and the enclosure, the apparatus connected with it and the ventilating plant associ- ated with it is thoroughly exam ined and tested by a compe- tent person once every month, and all results of required in- spection, examinations and tests are recorded and all defects remedied without avoidable delay; and (

d) provided with efficient apparatus for separating where prac- ticable the abrasive from other dust, and the abrasive is not again introduced into the blasting apparatus until it has been separated.

(15) An employer shall provide and maintain for workers who work in a blasting chamber, whether in blasting or other work, protec- tive blasters' helmets supplied with cl ean and not unreasonably cold air of not less than 6 cubic feet a minute, and the helmets shall be used by workers whenever they are in the blasting chamber.

(16) Suitable gauntlets and coveralls shall be provided for the use of, and shall be worn by, all workers while performing blasting or as- sisting at blasting, and suitable provision shall be made for the storage, regular cleaning by vacuum and maintenance in good condition of the gauntlets and coveralls.

(17) When a worker is engaged in the cleaning of a blasting appa- ratus or enclosure, ventilating or separating plant, or the surrounds, all practical measures shall be taken to prevent the inhalation of silica dust or its dissemination into the air and all the cleaning shall be by vacuum or hosing by water whenever practicable.

(18) An employer shall ensure that silica flour (

a) is not manufactured except under standards prescribed by the division; (

b) is not used for a purpose for which a less hazardous sub- stance may be substituted; and (

c) is not used in the manufacture of scouring powder or abra- sive soaps or as an abrasive in a process.

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 425

(19) The examining physician shal l record in the log the date and nature of the certificate he or she issues to each worker he or she has medically examined. 47.

(1) An employer shall establis h and maintain a system for the surveillance of the health of his or her employees arising from silica dust exposure in accordance with the silica health surveillance guidance document prescribed by the minister.

(2) An employee who requires silica related health surveillance is one who: (

a) works in an industry where he or she is potentially affected by a silica process as defined in this subsection 46(2); (

b) is potentially exposed to silica levels in excess of the ACGIH TLV- TWA; and (

c) has been determined, through the company’s silica control program, to require silica health surveillance as prescribed in the general health surveillance section.

(3) An employer shall not regula rly employ a worker in a silica process unless the employer has been assured by a medical practitioner by a written notification that the worker is medically fit for the work being undertaken.

(4) An employer shall keep at the place of employment to be readily available to an officer a log recording the name of every worker referred for medical examination.

(5) The initial health assessment shall be carried out under the direction of a physician and shall include (

a) an occupational history; (

b) a respiratory questionnaire; (

c) a pulmonary/lung function test; (

d) a chest x-ray (Full size PA view); and Silica medical surveillance

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 426 (

e) a medical history and physical examination emphasizing the respiratory system.

(6) A periodic health assessment shall comply with the follow- ing requirements: (

a) the frequency of chest x-rays shall be in accordance with the silica health surveillance document; (

b) the medical examination empha sizing the respiratory system shall be repeated annually unless prescribed otherwise by the physician; and (

c) the pulmonary /lung functions tests including FEV1, FVC, and DLCO standardized for alveolar volume shall be re- peated annually unless prescr ibed otherwise by the physi- cian.

(7) Where an employee is undergoing health surveillance for silica, the physician shall ensure, as soon as practicable, that (

a) the employee is notified of the results, together with a neces- sary explanation of these results; (

b) the employer is notified of the general outcome of a worker’s health surveillance and is advised on the need for remedial actions; and (

c) the minister is notified of a prescribed adverse health effect that had been detected which is consistent with exposure to silica.

(8) Where an employer has been advised by the physician on the need for remedial action, the employer shall, as soon as practicable, re- evaluate the assessment of the empl oyee’s exposure to silica and im- plement the control measures required.

(9) An employer shall ensure employees are informed of the purpose and procedures for health surveillance and make arrangements for employees to participate in the health surveillance program. 48.

(1) When work or manufacturi ng processes cause or are likely to cause workers to be exposed to asbestos, or dusts containing asbes- Asbestos

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 427 tos, means shall be provided to co ntrol asbestos dust from exceeding the threshold limit value established by the ACGIH or lower where practically attainable.

(2) Dust arising from the cutting and shaping of block and pipe insulation materials, whether by power saws or hand saws, shall be controlled by adequate local exhaust ventilation with the discharged air passed through an effective filter.

(3) Where mortar containing asbestos is mixed, dust concentra- tions shall be controlled by adequate local exhaust ventilation with dis- charged air passed through an effective filter or other effective means.

(4) Where work is being done with asbestos containing materi- als, dust concentrations shall be controlled through adequate local ex- haust ventilation with discharged air passed through an effective filter or other effective means. 49.

(1) An employer shall develop an exposure control plan for lead where (

a) a worker at a work site may be exposed to airborne lead in excess of its occupational exposure limit for more than 30 days in a year; or (

b) a worker’s exposure to lead at a work site could result in an elevated body burden of lead through a route of entry.

(2) The exposure control plan shall include (

a) a statement of purpose and the responsibilities of individu- als; (

b) methods of hazard identification, assessment and control; (

c) worker education and training; (

d) safe work practices as required; (

e) descriptions of personal and work site hygiene practices and decontamination practices; (

f) processes of health monitoring, including biological testing; Lead exposure control plan

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 428 (

g) methods of documentation and record keeping; and (

h) procedures for maintenance of the plan, including annual reviews and updating.

(3) A worker shall follow the expo sure control plan and practice the personal and work site hygiene practice established by the employer to minimize lead exposure at the work site.

(4) Where there is potential for a worker to be exposed to lead in harmful amounts at a work site, an employer shall ensure that air monitoring and surface te sting for lead is regu larly conducted to con- firm that the controls in place are effective.

(5) Where a worker at a work site could reasonably be expected to have an elevated body burden of lead, an employer shall establish a system for the surveillance of the health of their employees arising from lead exposure in accordance with the lead h ealth surveillance guidance document as prescribed by the minister.

(6) An employer shall ensure th at a worker who has been ex- posed to lead is informed of the health surveillance requirements. 50.

(1) For the purpose of this

section and sections 51 to 54, "mus- culoskeletal injury (MSI)" means an injury or disorder of the muscles, tendons, ligaments, joints, nerves, blood vessels or related soft tissue, including a sprain, strain and inflammation, that may be caused or ag- gravated by work.

(2) An employer shall (

a) recognize factors in the wo rkplace that may expose workers to a risk of musculoskeletal injury; and (

b) evaluate the risk to worker s presented by the factors that have been recognized under paragraph (a). 51.

(1) An employer shall eliminat e, or where elimination is not practicable, minimize the risk of musculoskeletal injury to a worker through the implementation of a cont rol measure that may include one or more of the following: Musculoskeletal injury prevention MSI: risk control

Occupational Health and Safety Regulations, 2009 70/09 The Newfoundland and Labrador Gazette August 14, 2009 429 (

a) providing, positioning and maintaining equipment that is designed and constructed to reduce or eliminate the risk of musculoskeletal injury; (

b) developing and implementing safe work procedures to eliminate or reduce the risk of musculoskeletal injury; (

c) implementing work schedules that incorporate rest and re- covery periods, changes to workload or other arrangements for alternating work; and (

d) providing personal protectiv e equipment in accordance with

Part VII.

(2) Personal protective equipment may only be used as a substi- tute for engineering or administrative controls where it is used in cir- cumstances in which those controls are not practicable.

(3) An employer shall, without delay, implement interim control measures when the introduction of permanent control measures are delayed. 52. An employer shall ensure that a worker who is or may be ex- posed to a risk of musculoskeletal injury is (

a) educated in risk identification related to work, including the recognition of early signs and symptoms of musculoskeletal injury and its potential health effects; and (

b) trained in the use of specific control measures, including, where applicable, work proced ures, mechanical aids and personal protective equipment. 53. An employer shall (

a) monitor the effectiveness of a control measure implemented to eliminate or reduce the risk of musculoskeletal injury; and (

b) where the

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2009-08-14
Type	gazette
Volume / chapter	printer gazette weekly issues 2009 2009 08 14
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	44553539aa0c2885d651b3e8baaf1ba5527f4d60

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