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Part II .

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Canada-Nova Scotia Offshore Area Occupational Health and Safety Regulations

made under

Section 202DV of the

Canada-Nova Scotia Offshore Petroleum Resources Accord

Implementation (Nova Scotia) Act

S.N.S. 1987, c. 3

O.I.C. 2021-286 (effective January 1, 2022), N.S. Reg. 167/2021

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Part 1: General

Definitions

Incorporation by reference

Inconsistency or conflict

Part 2: Occupational Health and Safety Management and Oversight

Occupational health and safety policy

Occupational health and safety management system

Occupational health and safety program

Workplace committee

Record-keeping

Posting of documents

Part 3: Reporting and Investigation

Report to supervisor or employer

Report to employer with control

Employer obligations

Notification of Chief Safety Officer

Investigation

Part 4: Training—General

Provision of general training

Competent person

Records

Part 5: Emergency Response and Preparedness

Emergency response plan

Posting of information

Instruction and training

Means of evacuation

Emergency equipment

Emergency alert system

Emergency power source

Emergency descent control

Fire and explosion

Firefighting equipment

Fire team equipment

Falls into ocean

Emergency drills and exercises

Part 6: First Aid and Medical Care

Operator’s obligations

Employer obligations

Medics

First aiders

Treatment records

Part 7: Employee Well-being

Occupational health and safety program

Impairment

Fatigue training

Rest periods

Thermal stress

Musculoskeletal injury

Workplace violence and harassment

Disruptive behaviour

Part 8: Personal Protective Equipment

Employee obligations

Requirements

Prescribed equipment

Respiratory protective equipment

Personal gas monitoring device

Records

Part 9: Passengers in Transit

Transit by helicopter

Transit by vessel

Safe entry and exit

Part 10: Work Permits

Contents

Occupational health and safety program

Employer obligations

Part 11: Facilities

Application

Accommodations area

Washrooms

Portable toilet units

Handwashing facilities

Showers

Changing facilities

Sleeping quarters

Dining areas

Smoking areas

Part 12: Sanitation and Housekeeping

Waste material

Pests

Cleanliness and orderliness

Storage

Part 13: Food and Potable Water

Food safety

Potable water

Part 14: Lighting

Non-application

Minimum levels

Emergency lighting

Handling, storage and disposal

Part 15: Sound Levels

Unimpeded communication

Noise

Part 16: Ventilation

Air quality

Ventilation system

Internal combustion engine

Part 17: Structural Safety

Movement within workplace

Doors

Guard-rails

Wall and floor openings and open edges

Open-top enclosures

Structural openings

Part 18: Equipment, Machines and Devices

Requirements

Removal from service

Hair, clothing and accessories

Pedestrian passage

Standards

Fuelling

Part 19: Elevators and Personnel Lifts

Standards

Elevator documentation

Part 20: Ladders, Stairs and Ramps

Application

Ship’s ladder

Requirement to install

Stairs, ramps and fixed ladders

Temporary stairs

Ramps

Fixed ladders

Portable ladders

Part 21: Scaffolding and Platforms

Definition of “elevating work platform”

Use—general

Prevention of contact

Scaffolds

Elevating work platforms

Part 22: Fall Protection and Rope Access

Risk of falling

Means of protection

Rope access

Work permit

Instruction and training

Part 23: Falling Objects

Risk of injury

Part 24: Materials Handling

Definitions

Lifting risks

Work permit

Prohibitions

Hazardous conditions

Manual handling

Rated capacity

Materials handling equipment

Cranes and hoists

Wire rope clips

Mobile equipment

Additional standards

Personnel transfer

Signalling

Inspection

Instruction and training

Part 25: Confined Spaces

Evaluation

Occupational health and safety program

Work permits

Entry and occupation requirements

Atmosphere

Attendants

Instruction and training

Completion of work

Part 26: Hot Work

Risks

Work permit

Requirements

Part 27: Hazardous Energy

Definitions

Occupational health and safety program

Work permit

Employer obligations

Approach boundaries

Part 28: Compressed Gas

Hose lines

Compressed gas cylinders

Portable compressed gas cylinders

Part 29: Abrasive Blasting and High-Pressure Washing

Employer obligations

Part 30: Explosives

Definition of “activity involving an explosive”

Occupational health and safety program

Work permit

Employer obligations

Part 31: Hazardous Substances

Definitions

Occupational health and safety program

Investigation and assessment

Employer obligations

Identification

Hazardous products—labelling

Hazardous products—safety data sheets

Exemption from requirement to disclose

Instruction and training

Provision of information in emergency

Part 32: Diving

Definitions

Occupational health and safety program

Prohibitions

Instruction

Dive safety specialists

Emergency response plan

Emergency drills and exercises

Dive project plan

Dive contractor obligations

Dive record

Schedule 1: Approach Boundaries for Alternating Current Systems (distance from energized

electrical conductor or circuit part to person)

Schedule 2: Approach Boundaries for Direct Current Systems (distance from energized electrical

conductors or circuit parts to person)

Citation

1 These regulations may be cited as the Canada-Nova Scotia Offshore Area Occupational

Health and Safety Regulations .

Part 1: General

Definitions

(1) In these regulations,

“accommodations area” means the area of a marine installation or structure that

contains the sleeping quarters, dining areas, food preparation areas, general

reception areas, office areas and medical rooms, and includes all washrooms in that

area;

“Act” means the Canada-Nova Scotia Offshore Petroleum Resources Accord

Implementation (Nova Scotia) Act ;

“advanced first aid certificate” means a certificate evidencing the holder’s

successful completion of a training program whose curriculum conforms to the

curriculum for advanced first aid set out in CSA Group standard Z1210, First Aid

Training for the Workplace—Curriculum and Quality Management for Training

Agencies , or, in the case of marine crew on a vessel, whose curriculum conforms to

Chapter 4 of federal Department of Transport publication TP 13008, Training

Standards for Marine First Aid and Marine Medical Care ;

“ANSI” means the American National Standards Institute;

“ASME” means the American Society of Mechanical Engineers;

“biological exposure index” means the biological exposure index established for a

substance or agent by the American Conference of Governmental Industrial

Hygienists in its publication, TLVs and BEIs: Based on the Documentation of the

Threshold Limit Values for Chemical Substances and Physical Agents &

Biological Exposure Indices ;

“competent person” means a person who, in respect of a task,

(

i) has the knowledge, training and experience necessary to do the task

in a manner that protects the health and safety of all persons at the

workplace, and

(ii) has knowledge of the provisions of the Act, these regulations and the

occupational health and safety program that apply to the task and of

the potential or actual danger that the task poses to the health or

safety of persons;

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

(

i) is not designed or intended for human occupancy except on a

temporary basis for the purpose of performing a specific task,

(ii) is or may become hazardous to a person in it, including by reason of

its design, construction, location or atmosphere or the materials or

substances it contains, without regard to any protection that may be

afforded to the person through the use of personal protective

equipment or additional ventilation, and

(iii) has restricted means of access and egress, or an internal

configuration, that could make first aid, evacuation, rescue or other

emergency response services difficult to provide;

“de-energized”, in respect of any equipment, machine, device or system, or a

component of one of those things, means that it is disconnected from all energy

sources and void of any residual or stored energy;

“dive project” means any work or activity for which an authorization to dive has

been issued;

“electrical equipment” means equipment that uses electricity or that is used for the

generation or distribution of electricity;

“energized”, in respect of an electrical conductor, a circuit part or electrical

equipment, means that it is a source of voltage or is electrically connected to a

source of voltage;

“energy” includes electrical, mechanical, hydraulic, pneumatic, chemical, radiant,

thermal and gravitational energy;

“energy-isolating device” means a device that physically prevents the transmission

or release of energy or a substance that is a source of energy, including

(

i) a manually operated electrical circuit breaker,

(ii) a disconnect switch,

(iii) a manually operated switch by means of which the conductors of a

circuit can be disconnected from all ungrounded supply conductors,

(iv) a valve, or

(

v) a blind, blank or blocking seal;

“environmental conditions” means meteorological, oceanographical and other

natural conditions, including ice conditions, that may affect operations at a

workplace;

“first aider” means a person who holds a valid standard first aid certificate or

advanced first aid certificate or who meets the requirements referred to in

subsection 34(1) but is not a medic;

“hazard information”, in respect of a hazardous substance, means information

respecting the health and physical hazards posed by the substance and respecting

its proper and safe storage, handling, use and disposal;

“hazardous product” has the same meaning as in

section 2 of the Hazardous

Products Act (Canada);

“high-pressure washing” means the use of water or other liquid delivered from a

pump at a pressure exceeding 10 Mpa, with or without the addition of solid

particles, to remove unwanted matter from a surface;

“hot work” means any work or activity, other than the use of explosives, that

involves the use of or is likely to produce fire, sparks or another source of ignition;

“IMO Resolution MSC.81(70)” means the annex to International Maritime

Organization Resolution MSC.81(70) , Revised Recommendation on Testing of

Life-Saving Appliances ;

“lockout” means the securing, in accordance with the procedures referred to in

clause 143(b), of a lockout device on an energy-isolating device that is being used

to isolate the energy source of a piece of equipment, machine, device or system;

“lockout device” means a device that prevents the manipulation or removal of an

energy-isolating device;

“LSA Code” means the annex to International Maritime Organization Resolution

MSC.48(66), International Life-Saving Appliance (LSA) Code ;

“materials handling equipment” means equipment, other than an elevator or

personnel lift, that is used to transport, lift, move or position things or persons and

includes gear and devices used in conjunction with other equipment in carrying out

those functions;

“medic” means a person designated under subsection 34(1);

“mobile equipment” means wheeled or tracked materials-handling equipment that

is engine- or motor-powered, together with any attached or towed equipment;

“occupational health and safety program” means the occupational health and safety

program referred to in

Section 202U of the Act;

“piping system” means an assembly of pipes, pipe fittings, valves or other control

or safety devices, pumps, compressors and other fixed equipment;

“professional engineer” means a competent person who is registered or licensed to

engage in the practice of engineering under the laws of the province in which they

practise;

“rated capacity” means the maximum load that equipment can handle or support

safely, including, if applicable, in a given operational position or configuration,

without regard to environmental conditions;

“safety data sheet” has the same meaning as in

section 2 of the Hazardous

Products Act (Canada);

“specialized dive physician” means a physician who is licensed to practise

medicine in Canada and

(

i) meets the competencies of a Level 3 Physician set out in CSA Group

standard Z275.4, Competency standard for diving, hyperbaric

chamber, and remotely operated vehicle operations , or

(ii) possesses a diploma in hyperbaric medicine with a focus on diving

medicine from the Royal College of Physicians and Surgeons of

Canada and has completed training in saturation diving medicine that

is recognized by that College;

“standard first aid certificate” means a certificate evidencing the holder’s

successful completion of a training program whose curriculum conforms to the

curriculum for intermediate first aid set out in CSA Group standard Z1210, First

Aid Training for the Workplace—Curriculum and Quality Management for

Training Agencies or, in the case of marine crew on a vessel, whose curriculum

conforms to

Chapter 3 of federal Department of Transport publication TP 13008,

Training Standards for Marine First Aid and Marine Medical Care ;

“threshold limit value” means the threshold limit value established for a substance

or agent by the American Conference of Governmental Industrial Hygienists in its

publication TLVs and BEIs: Based on the Documentation of the Threshold Limit

Values for Chemical Substances and Physical Agents & Biological Exposure

Indices ;

“work area” means the specific area in which an employee carries out their tasks;

“work permit” means a permit referred to in

Section 54;

(2) The following

definitions apply for the purposes of

Part IIIA of the Act:

“diving operation” means any work or activity related to a dive, including any

work or activity involving a diver or carried out by a person assisting a diver, that

takes place from the start of pressurization or descent to the end of depressurization

or ascent;

“incident” means an event that resulted in any of the following occurrences or in

which any of the following occurrences was narrowly avoided:

(

i) death,

(ii) serious injury within the meaning of subsection 202R(5) of the Act,

(iii) missing person,

(iv) fire or explosion,

(

v) collision,

(vi) exposure to a hazardous substance in excess of the threshold limit

value or biological exposure index for that substance,

(vii) impairment of any structure, facility, equipment or system critical to

the safety of persons, or

(viii) implementation of emergency response procedures.

Incorporation by reference

(1) In these regulations, any incorporation by reference of a document is an

incorporation by reference of that document as amended from time to time.

(2) Despite subsection (1), if a document that is incorporated by reference is available

in both official languages, any amendment to it is incorporated only when the

amended version is available in both languages.

Inconsistency or conflict

(1) In the event of inconsistency or conflict among provisions of these regulations,

including those that incorporate documents by reference, the provision that

imposes the most stringent requirement applies.

(2) In the event of any inconsistency between an obligation imposed by these

regulations and an obligation in respect of occupational health and safety that is

imposed by the Nova Scotia Offshore Petroleum Installations Regulations or the

Nova Scotia Offshore Petroleum Drilling and Production Regulations , these

regulations prevail, regardless of whether the obligations are imposed on the same

person.

Part 2: Occupational Health and Safety Management and Oversight

Occupational health and safety policy

5 The occupational health and safety policy referred to in

Section 202L of the Act must

contain

(

a) the commitment of the operator to cooperate with any committee or

coordinator, as the case may be, with regard to health and safety; and

(

b) an overview of the duties of all persons under

Part IIIA of the Act.

Occupational health and safety management system

(1) The occupational health and safety management system referred to in

Section

202P of the Act must set out procedures for

(

a) setting goals for the improvement of workplace health and safety,

identifying specific targets against which the attainment of those goals is to

be measured and reviewing those goals and targets at least annually;

(

b) ensuring that employees

(

i) are competent persons in respect of all tasks to be carried out by

them,

(ii) are kept aware of activities and occurrences that may have an impact

on their health or safety at the workplace, and

(iii) are supervised to ensure that they perform their duties safely;

(

c) ensuring that the most recent versions of all documents associated with the

system are readily available to all persons at the workplace;

(

d) collecting, managing and analyzing data with respect to occupational health

and safety, including hazards, occupational disease, accidents, incidents and

other hazardous occurrences, and identifying trends in that data; and

(

e) keeping training and competency records in respect of employees, including

workplace committee members.

(2) The audit referred to in clause 202P(2)(

g) of the Act must be carried out as soon as

practicable after each of the following occurrences and, in any event, at least once

every 3 years:

(

a) any change of circumstances that may affect the health and safety of persons

at the workplace;

(

b) the provision by a health and safety officer to the operator of a report under

subsection 202BX(1) of the Act indicating non-compliance with

Part IIIA of

the Act; and

(

c) the making by a health and safety officer of an order under

Section 202CP

or 202CQ of the Act in relation to the workplace.

(3) The operator must implement any improvements identified during the audit

referred to in clause 202P(2)(

g) of the Act as soon as practicable.

Occupational health and safety program

(1) Every occupational health and safety program must

(

a) set out procedures for ensuring that all employees at the workplace comply

with the program and with

Part IIIA of the Act and all regulations made

under that Part;

(

b) set out procedures for ensuring that employees are competent persons in

respect of all tasks to be carried out by them and are kept aware of activities

and occurrences that may have an impact on their health or safety at the

workplace;

(

c) set out procedures for keeping training and competency records in respect of

employees;

(

d) set out procedures for keeping records necessary for the auditing of the

program;

(

e) set out procedures and schedules that conform to clause 202T(1)(

p) of the

Act for carrying out inspections for the purposes of hazard identification;

(

f) prioritize the implementation of hazard control measures in the following

order:

(

i) measures that involve the elimination of hazards,

(ii) measures that involve the selection of less hazardous means of

carrying out work and activities,

(iii) measures that involve the use of engineering controls to reduce the

risks posed by hazards,

(iv) measures that involve the use of administrative controls to reduce the

risks posed by hazards, and

(

v) measures that involve protection from the effects of hazards;

(

g) identify the persons responsible for implementing hazard control measures,

including after an occupational disease, accident, incident or other

hazardous occurrence;

(

h) set out procedures for

(

i) the reporting of hazards by persons at the workplace to the employer,

and

(ii) the reporting, by the employer to a committee or to the coordinator,

of hazards, occupational diseases, accidents, incidents or other

hazardous occurrences and failures to comply with the provisions of

Part IIIA of the Act, the regulations made under that Part or the

occupational health and safety requirements of any authorization

issued in relation to the workplace;

(

i) set out procedures for the prompt investigation of occupational diseases,

accidents, incidents and other hazardous occurrences to determine their root

cause and identify any actions that are necessary to prevent their

reoccurrence; and

(

j) set out procedures for implementing corrective and preventive measures

following an occupational disease, accident, incident or other hazardous

occurrence and verifying the effectiveness of those measures.

(2) The audit referred to in clause 202U(2)(

h) of the Act must be carried out as soon as

practicable after any of the following occurrences and, in any event, at least once

every 3 years:

(

a) any change of circumstances that may affect the health and safety of persons

at the workplace;

(

b) any change made by the operator to its management system;

(

c) the provision by a health and safety officer to the employer of a report under

subsection 202BX(2) of the Act indicating non-compliance under

Part IIIA

of the Act; and

(

d) the making by a health and safety officer of an order under

Section 202CP

or 202CQ of the Act in relation to the workplace.

(3) The employer must implement any improvements identified during the audit

referred to in clause 202U(2)(

h) of the Act as soon as practicable.

Workplace committee

(1) A workplace committee that establishes rules of procedure must include among

them

(

a) the quorum required for committee meetings;

(

b) the manner in which the committee will address complaints or concerns of

employees, work refusals, occupational diseases, accidents, incidents and

other hazardous occurrences that are reported to it;

(

c) a rule whereby a complaint or concern raised with any committee member

is to be considered a complaint or concern raised with the committee as a

whole; and

(

d) the time and manner in which complaints and concerns are to be responded

to and recommendations made under clause 202AR(5)(

d) of the Act.

(2) Every workplace committee must, for the purpose of clause 202AR(4)(

d) of the

Act, provide a copy of the minutes of its committee meetings to any employee on

request.

Record-keeping

9 All records that are required under the Act to be kept must be maintained in a manner

Posting of documents

(1) The period for which an operator or employer, as the case may be, must ensure

that a document is posted under clause 202CU(5)(

a) of the Act is at least 45 days.

(2) If a decision or order is appealed under subsection 202CX(1) of the Act, the

operator or employer, as the case may be, must ensure that all related documents

referred to in clauses 202CU(1)(

a) to (

d) of the Act remain posted until the 45th

day after the day on which the decision or order is revoked, confirmed or varied

under subsection 202CX(9) of the Act.

Part 3: Reporting and Investigation

Report to supervisor or employer

11 An employee who becomes aware of an occupational disease or an accident, incident or

other hazardous occurrence at the workplace must, without delay, report it to their

supervisor or their employer, orally or in writing.

Report to employer with control

12 A supervisor to whom or employer to which, if that employer does not have control over

the workplace, an occupational disease, accident, incident or other hazardous occurrence

is reported under

Section 11 must, without delay, report it to the employer with control

over the workplace, orally or in writing.

Employer obligations

13 An employer that becomes aware of an occupational disease or an accident, incident or

other hazardous occurrence at a workplace under its control must, without delay,

(

a) take all measures necessary to ensure the health and safety of all persons at

the workplace; and

(

b) provide to the operator, in writing,

(

i) a brief description of the occupational disease, accident, incident or

other hazardous occurrence, including the name of any affected

persons, and

(ii) if applicable, the date on which and the time and location at which it

occurred.

Notification of Chief Safety Officer

14 An operator that is required under subsection 202R(1) of the Act to notify the Chief

Safety Officer of an occupational disease, accident, incident or other hazardous

occurrence must do so in writing.

Investigation

(1) An operator that is required, under subsection 202R(2) of the Act, to investigate an

occupational disease, accident, incident or other hazardous occurrence must obtain,

within 14 days after the day on which it becomes known to the operator, a report,

prepared by a competent person and accompanied by supporting documents, that

sets out, in respect of the disease, accident, incident or other occurrence and to a

level of detail that is proportional to its actual or potential severity,

(

a) in the case of an accident, incident or other hazardous occurrence, the date

on which and the time and location at which it occurred;

(

b) the name of the affected employee, if any;

(

c) a description of it and any resulting symptoms or injury;

(

d) a description of the treatment provided, if any;

(

e) its causal factors and root causes;

(

f) other information relevant to its nature or impact; and

(

g) corrective and preventive measures that could be taken to prevent a similar

situation from reoccurring.

(2) The operator must submit a copy of the report and supporting documentation

without delay to

(

a) the workplace committee or the coordinator, as the case may be; and

(

b) the Chief Safety Officer.

(3) If the operator becomes aware of new information that may result in a material

change to the report, the operator must obtain an updated report and supporting

documentation and submit a copy without delay to the persons referred to in

clauses (2)(

a) and (b).

(4) For the purpose of subsection 202R(2) of the Act,

(

a) the records that an operator must keep include all reports obtained under

subsection (1) or (3) and their supporting documentation; and

(

b) the period for which each record must be retained is

(i) 40 years from the day on which it was made, if it related to an

occupational disease or exposure or potential exposure to a

hazardous substance in excess of the threshold limit value or

biological exposure index for that substance,

(ii) 10 years from the day on which it was made, if it related to an

incident other than the exposure or potential exposure referred to in

subclause (i), or

(iii) 5 years from the day on which it is made, if it related to any other

accident or hazardous occurrence.

Part 4: Training—General

Provision of general training

16 The training that an employer must provide to each of its employees includes

(

a) before the employee is first transported to a workplace and then as necessary

to ensure the training remains valid for the duration of the employee’s

employment at the workplace,

(

i) an offshore survival training program appropriate to the workplace

location and to the means of transportation to be used to transport the

employee to and from the workplace,

(ii) training on the legislation applicable to occupational health and

safety, including the rights of employees and the duties of operators,

employers, supervisors and employees, and

(iii) training on hydrogen sulfide safety, if hydrogen sulfide may be

present at the workplace; and

(

b) without delay on the employee’s arrival at a workplace at which they have

not been present in the previous six months and before they perform any

work there,

(

i) an orientation to the hazards and emergency procedures at the

workplace,

(ii) training in respect of any emergency duties that may be assigned to

them at that workplace, and

(iii) if the workplace is a marine installation or structure that is equipped

with lifeboats, practice in boarding a lifeboat and securing

themselves on a seat.

Competent person

17 An employer must ensure that all instruction and training that it is required to provide

under the Act is developed by and, if applicable, delivered by a competent person.

Records

18 An employer must retain records of all instruction and training provided under the Act

for

(

a) at least 5 years after the day on which the person to whom the instruction or

training is provided ceases to be employed at any of the employer’s

workplaces; or

(

b) if the person to whom the instruction or training is provided is not an

employee of the employer, at least 5 years after the instruction or training is

provided.

Part 5: Emergency Response and Preparedness

Emergency response plan

(1) An employer must, for each workplace under its control that is a marine

installation or structure and having regard to the risk assessment carried out by it

for the purpose of the occupational health and safety program, develop, implement

and maintain a written emergency response plan in preparation for any reasonably

foreseeable emergency that might compromise the health and safety of persons at

that workplace or at any other workplace under its control that is a workboat or

dive site associated with the marine installation or structure.

(2) The emergency response plan must

(

a) indicate the maximum number of persons who can safely occupy the

workplace;

(

b) indicate the minimum number of persons needed at the workplace to be able

to maintain safe operations in the event of an emergency;

(

c) set out procedures for ensuring that the personnel-on-board list, which sets

out the total number of persons at the workplace each day and the name,

position, employer and, if applicable, cabin number of each, is kept up to

date;

(

d) set out the name and contact information of the operator, if the operator is

not the employer with control over the workplace;

(

e) provide for the establishment of emergency response teams;

(

f) set out the name, position and contact information, including the usual

location, of each person responsible for overseeing the emergency response

teams and the implementation of emergency response procedures, as well as

the name, position and contact information of those persons’ delegates;

(

g) set out the duties of employees, including members of the emergency

response teams, and the procedures to be followed by all persons during an

emergency;

(

h) indicate the muster station or other location where each employee is

required to report during an emergency;

(

i) identify the system to be used for counting employees at each muster station

and determining which employees, if any, are missing;

(

j) include a description of all emergency alarm signals that may be used,

including how the order to abandon is to be given;

(

k) set out contact information for obtaining a means of transportation to be

used to evacuate the workplace;

(

l) identify and set out contact information for all emergency response entities,

and other entities operating nearby, that could render assistance in the event

of an emergency;

(

m) include verified drawings of the layout of the workplace that clearly identify

the person who verified them, indicate the scale of the drawings and show

(

i) the location of all exits, fire escapes, stairways, elevators, corridors

and other exit routes,

(ii) the location of all muster stations, temporary refuge areas, evacuation

stations and other locations where lifeboats and life rafts are stored,

(iii) the location, quantity and type of all equipment that may be used or

worn in implementing emergency response procedures,

(iv) the location of manual emergency shutdown and activation devices

for all safety critical systems,

(

v) the location, quantity and type of all emergency communications

equipment,

(vi) the location of all first aid stations, medical rooms and casualty

clearing areas, and

(vii) the location of all designated hazardous substance storage areas; and

(

n) identify all resources necessary for the plan’s implementation.

(3) The employer must ensure that a copy of the emergency response plan is made

readily available to all employees at the workplace.

(4) If an employer has employees at a workplace not under its control, it must ensure

that those employees comply with

(

a) the duties and procedures set out in the emergency response plan developed

by the employer with control over the workplace; or

(

b) emergency duties and procedures that the employer has ensured are aligned

with those referred to in clause (a).

Posting of information

20 An employer must ensure that the following items are posted in the specified locations,

separately from the emergency response plan, at each workplace under its control that is

a marine installation or structure:

(

a) a station bill containing the information referred to in subsection 7(1) of the

Fire and Boat Drills Regulations (Canada) as well as a description of any

additional alarm signals, the membership of all emergency response teams

and the location of all evacuation stations

(

i) in conspicuous places on every deck, and

(ii) on the bridge, if the workplace is a vessel, or at the location where

the installation manager referred to in

Section 190B of the Act is

expected to be during an emergency, if the workplace is not a vessel;

(

b) the personnel-on-board list referred to in clause 19(2)(c), at the applicable

location referred to in subclause (a)(ii); and

(

c) a drawing identifying all emergency escape routes from the location at

which it is posted

(

i) at conspicuous locations around the workplace, and

(ii) in every person’s sleeping quarters.

Instruction and training

21 The instruction and training that an employer must provide to each of its employees

includes

(

a) training in the procedures to be followed by the employee in the event of an

emergency; and

(

b) instruction on the location of any emergency and fire protection equipment

that the employee may be reasonably expected to use and training in the use

of that equipment.

Means of evacuation

22 An employer must ensure, with respect to each workplace under its control that is a

marine installation or structure, that

(

a) all muster stations, escape routes, exits, stairways and any other means of

evacuation are maintained in serviceable condition, and to the extent

feasible, are accessible and ready for use at all times;

(

b) all exits to the exterior, muster stations and evacuation stations are clearly

identified by illuminated signs or otherwise clearly visible in all conditions;

and

(

c) all escape routes are clearly identified with light-reflecting or illuminated

markings.

Emergency equipment

(1) An employer must ensure that the location of all equipment to be used or worn in

implementing emergency response procedures at each workplace under its control

is clearly identified with light-reflecting or illuminated signs.

(2) An employer must provide, in all sleeping quarters at a workplace under its

control, a readily available grab bag for each person assigned to the sleeping

quarters containing a smoke hood, heat-resistant gloves and a portable light source

to enable the person to reach muster stations, temporary refuge areas and

evacuation stations in conditions of fire, intense heat or smoke.

(3) An employer must ensure that the emergency escape breathing devices or

respirators that it provides in accordance with clause 47(

a) are provided in

appropriate quantities and at appropriate locations at the workplace to facilitate

escape, having regard to

(

a) the maximum number of persons who may be at the workplace;

(

b) how those persons are generally distributed among various areas at the

workplace; and

(

c) the configuration of the workplace and the potential for a person’s ability to

move within it to be impeded by hazards arising from the situation that

requires escape or from the escape itself.

(4) An employer must ensure that the immersion suits that it provides in accordance

with clause 47(

b) are provided in appropriate quantities and sizes and at

appropriate locations at the workplace to facilitate abandonment, having regard to

(

a) the maximum number of persons who may be at the workplace;

(

b) how those persons are generally distributed among various areas at the

workplace;

(

c) those persons’ sizes; and

(

d) the configuration of the workplace and the potential for a person’s ability to

move within it to be impeded by hazards arising from the situation that

requires abandonment or from the abandonment itself.

(5) Despite subsection (4), the employer must provide the following number of

immersion suits:

(

a) in the case of a workplace that is a marine installation or structure used for

drilling or production or as a living accommodation,

(

i) if it is normally attended, 2 immersion suits for each person at the

workplace, including 1 in the person’s sleeping quarters, and

(ii) if it is normally unattended, 1 immersion suit for each person at the

workplace;

(

b) in the case of a workplace that is a marine installation or structure used for

construction, diving or geotechnical or seismic work, 1 immersion suit for

each person at the workplace, plus 2 additional suits in each of the bridge

and the engine control room; and

(

c) in the case of any other workplace, 1 immersion suit for each person at the

workplace.

Emergency alert system

24 An employer must ensure that each workplace under its control that is a marine

installation or structure is equipped with a public address and alarm system that is

audible or visible, as the case may be, in all areas of the workplace where a person may

be present and is to be used to warn persons if

(

a) the workplace has to be evacuated;

(

b) a fire is detected;

(

c) there is a malfunction of a mechanical ventilation system provided for an

area where toxic or combustible gases may accumulate to hazardous levels;

(

d) there is a person overboard; or

(

e) there is any other threat to the health or safety of persons at the workplace.

Emergency power source

25 An employer must ensure that each workplace under its control that is a marine

installation or structure is equipped with an emergency power source that is sufficient to

operate the following to the degree necessary to allow for safe occupancy of or egress

from the workplace in the case of a failure of the main power system:

(

a) the public address and alarm system;

(

b) the emergency lighting system;

(

c) internal and external communications systems; and

(

d) light and sound signals marking the location of the workplace.

Emergency descent control

(1) An employer must provide, on each derrick or other elevated part of a workplace

under its control that is a marine installation or structure, if there is only one usual

means of escape from that location, a device that would allow a person to descend

from the location by another means at a controlled speed in an emergency.

(2) The device must be capable of being operated despite the loss of the main source

of power.

(3) The employer must ensure that written instructions for operating the device are

kept in a conspicuous place near the location where the device is stored.

Fire and explosion

(1) Fire and explosion are prescribed risks for the purpose of clause 202U(2)(

a) of the

Act and an employer must ensure that each workplace under its control is

designed, constructed, arranged and maintained to minimize those risks.

(2) The occupational health and safety program in respect of a workplace that is a

marine installation or structure must identify

(

a) all areas at the workplace, as classified according to a comprehensive and

documented classification system, in which flammable, explosive or

combustible substances are or are likely to be present in sufficient quantities

and for sufficient periods of time to require special precautions to be taken

in the selection, installation or use of machinery and electrical equipment to

prevent a fire or explosion; and

(

b) the precautions applicable to those areas.

(3) The employer with control over the workplace must ensure that signs are posted in

conspicuous places at each of the areas referred to in subsection (2), identifying

them as areas in which there is a risk of fire or explosion.

(4) The employer must ensure that no person uses an open flame or other source of

ignition in an area referred to in subsection (2) unless they are carrying out hot

work in accordance with

Part 26.

(5) An employer must ensure that any temporary or portable heating equipment that is

used at a workplace under its control is located, protected and used in a manner

that prevents the equipment from being overturned or damaged and any

combustible materials in the vicinity from igniting.

Firefighting equipment

28 An employer must equip each workplace under its control with the firefighting

equipment that is appropriate for that type of workplace and all classes of fire that may

occur there.

Fire team equipment

(1) The personal protective equipment that an employer with control over a workplace

that is a marine installation or structure must provide to each of its employees, and

any other individual at the workplace, who is tasked with fighting fires includes

(

a) a self-contained breathing apparatus with two full spare cylinders that

(

i) is selected and maintained in accordance with CSA Group standard

Z94.4, Selection, use, and care of respirators ,

(ii) conforms to the design and performance requirements in National

Fire Protection Association Standard NFPA 1981, Standard on

Open-Circuit Self-Contained Breathing Apparatus (SCBA) for

Emergency Services , and

(iii) is equipped with a personal distress alarm device;

(

b) life safety ropes, belts and harnesses that conform to the design and

performance requirements in National Fire Protection Association Standard

NFPA 1983, Standard on Life Safety Rope and Equipment for Emergency

Services , with the provisions of that standard pertaining to flame resistance

being read as mandatory; and

(

c) personal protective clothing, including boots, gloves, helmet and visor, coat

and trousers, that conforms to the design and performance requirements in

National Fire Protection Association Standard NFPA 1971, Standard on

Protective Ensembles for Structural Fire Fighting and Proximity Fire

Fighting .

(2) The employer must also provide,

(

a) to each employee referred to in subsection (1),

(ii) [(i)] a portable electric safety lamp that can be easily attached to the

employee’s clothing and will operate safely in anticipated conditions

for at least 3 hours, and

(ii) an axe with an insulated handle and carrying belt; and

(

b) to the fire team as a whole, at least 2 two-way portable radiotelephone

apparatus that are designed not to produce any spark or other source of

ignition.

(3) Despite subsection (1) and clause (2)(a), if a workplace is a ship used for

construction or diving or for geotechnical or seismic work, the employer may

instead provide firefighter’s outfits that conform to the International Maritime

Organization’s International Code for Fire Safety Systems .

(4) The number of sets of equipment referred to in subsections (1) and (2) or

firefighter’s outfits referred to in subsection (3), as the case may be, that the

employer must provide at the workplace, and their sizing, if applicable, is to be

determined having regard to the risk assessment carried out by the employer for the

purposes of the occupational health and safety program.

(5) Despite subsection (4), the number of sets of equipment or outfits, as the case may

be, that the employer must provide is at least

(a) 4, if the workplace is a ship used for construction or diving or for

geotechnical or seismic work; or

(b) 10, in any other case.

(6) The employer must ensure that the equipment provided in accordance with this

Section is kept ready for use and stored in a place that is easily accessible, with at

least 2 sets of equipment or 2 outfits, as the case may be, being easily accessible

from the helicopter deck, if any, of the marine installation or structure.

Falls into ocean

30 The risk of a person at a workplace falling into the ocean is a prescribed risk for the

purpose of clause 202U(2)(

a) of the Act and the employer with control over that

workplace must

(

a) provide appropriate life-saving appliances and ensure they are held in

readiness;

(

b) ensure that a competent person is readily available at all times to operate the

life-saving appliances; and

(

c) ensure that a fast rescue boat that meets the requirements of

Chapter V of

the LSA Code is provided, or available from a standby vessel that is no

more than 500 m away, and held in readiness.

Emergency drills and exercises

(1) An employer must establish, for each workplace under its control that is a marine

installation or structure and having regard to the risk assessment carried out by it

for the purpose of the occupational health and safety program, a plan that describes

the emergency drills and exercises that must be conducted at the workplace in

relation to various scenarios and sets out the frequency with which they must be

conducted.

(2) Despite subsection (1), the employer must ensure that

(

a) a drill to practise mustering is conducted at least once a week;

(

b) a fire drill is conducted at least once a month;

(

c) a drill to practise escape to the location of lifeboats or life rafts in

preparation for abandonment of the workplace is conducted at least once a

month;

(

d) if the workplace is equipped with lifeboats,

(

i) each employee participates, at least once every 6 months, in a drill

that requires them to board a lifeboat while wearing an immersion

suit and to secure themselves on a seat, and

(ii) if feasible, a lifeboat launching drill is conducted annually to test the

integrity and operation of the lifeboats and launching equipment; and

(

e) all drills and exercises are repeated as soon as practicable after any

significant change to the emergency plan or to the work or activities carried

out at the workplace with respect to which an authorization has been issued.

(3) If compliance with subclause (2)(d)(ii) is not feasible, the employer must ensure

that additional inspections and testing of all components that would otherwise be

tested by the launching drill are carried out in consultation with the lifeboat

manufacturer and with the prior approval of the Chief Safety Officer.

(4) The employer must

schedule drills and exercises to ensure the equitable

participation of all employees, regardless of their shift or rotation.

(5) The employer must ensure that any person visiting the workplace who has not

participated in the emergency drills or exercises is accompanied throughout the

visit by someone who has done so.

(6) The employer must keep a record of all emergency drills and exercises conducted

that contains

(

a) the date on which and the time at which the drill or exercise was conducted;

(

b) a description of the drill or exercise scenario;

(

c) a list of all persons who participated in the drill or exercise;

(

d) the length of time taken to complete the drill or exercise, including the

length of time to achieve a full muster; and

(

e) observations regarding the execution of the drill or exercise and

opportunities for improvement.

(7) The employer must retain the records referred to in subsection (6) for at least 3

years after the day on which the drill or exercise is carried out.

Part 6: First Aid and Medical Care

Operator’s obligations

32 An operator must ensure that

(

a) a physician who has specialized knowledge in the treatment of illnesses and

injuries that may arise at the workplace is readily available at all times to

provide medical advice, remotely from a location in the Province, to any

medic or first aider at the workplace and to be transported to the workplace,

if necessary, to provide medical care, unless the workplace has a medic who

is a physician with that knowledge;

(

b) an emergency medical evacuation service is available at all times for

transporting an injured or ill person from the workplace to a hospital

onshore using a means of transportation that

(

i) is equipped with appropriate first aid and medical supplies,

(ii) is capable of accommodating and securing an occupied stretcher, and

(iii) has one or more competent persons available on board to provide

first aid or medical care to the injured or ill person during

transportation; and

(

c) persons at the workplace have a means of quickly summoning the

emergency medical evacuation service.

Employer obligations

(1) An employer with control over a workplace must

(

a) when assessing the risk of illness or injury at the workplace for the purpose

of the occupational health and safety program, consult with a medic, if one

is required at the workplace, and take into account

(

i) the location of the workplace and the expected delay in obtaining

emergency medical services,

(ii) the layout of the workplace, and

(iii) environmental factors, including thermal considerations;

(

b) develop, in consultation with a medic, if one is required at the workplace,

and with a specialized dive physician, if a dive project is to be carried out

from the workplace, a written medical emergency response plan that

addresses all reasonably foreseeable emergencies at the workplace and takes

into account the location of the workplace, the time of year at which the

work is to be carried out, the expected number of persons at the workplace

during normal operations and the workplace’s maximum capacity;

(

c) determine, in consultation with a medic, if one is required at the workplace,

and with a specialized dive physician, if a dive project is to be carried out

from the workplace, the type and quantity of first aid and medical supplies

and equipment, medication and facilities needed to respond to all reasonably

foreseeable injuries and illnesses at the workplace and ensure that those

supplies, that equipment, those medications and those facilities are

provided, maintained, replenished and replaced as necessary;

(

d) establish and make readily available to all persons at the workplace written

procedures for promptly obtaining first aid or medical care for any injury or

illness, including procedures to follow while awaiting that care;

(

e) keep a diagram indicating the location of all first aid kits and medical rooms

conspicuously posted at the workplace;

(

f) keep an up-to-date list of telephone numbers for use in emergencies

conspicuously posed near every fixed telephone at the workplace;

(

g) keep a list of all medics and first aiders who are present at the workplace, as

well as information on how and when they may be contacted and where

they may be located, conspicuously posted in every medical room at the

workplace;

(

h) keep a list of all medics who are present at the workplace, or, if no medic is

required, of the first aiders who hold the highest level of first aid certificate

held by any first aider at the workplace, as well as information on how and

when they may be contacted and where they may be located conspicuously

posted

(

i) on the bridge, if the workplace is a vessel, or

(ii) at the location where the installation manager referred to in

Section

190B of the Act is expected to be during an emergency, if the

workplace is not a vessel; and

(

i) ensure that the number of first aiders and medics set out in columns 2 to 4

of the following table that correspond to the number of persons at the

workplace set out in column 1 are present at the workplace and readily

available to provide prompt and appropriate first aid or medical care to

persons at the workplace:

Table

Item

Column 1

Column 2

Column 3

Column 4

Number of

persons at the

workplace

Number of

first aiders

with standard

first aid

certificate or

higher

Number of

additional

first aiders

with

advanced

first aid

certificate or

qualifications

equivalent to

those of a

medic

Number of

medics

6–10

1 plus 1 for

every 2

persons in

excess of 6

11–30

3 plus 1 for

every 2

persons in

excess of 10

31–40

13 plus 1 for

every 2

persons in

excess of 30

More than 40

17 plus 1 for

every 2

persons in

excess of 40

2 plus 1 for

every 10

persons in

excess of 40

(2) The first aid supplies referred to in clause (1)(

c) must include first aid kids that

(

a) conform to CSA Group standard Z1220, First aid kits for the workplace ;

(

b) contain only the supplies necessary for rendering first aid, which are

maintained in a clean, dry and serviceable condition;

(

c) are inspected at least monthly; and

(

d) are clearly identified by conspicuous signs and readily accessible at various

locations throughout the workplace.

(3) If the workplace is a marine installation or structure, the first aid equipment

referred to in clause (1)(

c) must include

(

a) at least 1 automated external defibrillator in a common area accessible to all

persons at the workplace; and

(

b) additional automated external defibrillators in the quantities and locations

that are necessary, having regard to the risk assessment carried out by the

employer for the purposes of the occupational health and safety program.

(4) If the workplace is a marine installation or structure, the facilities referred to in

clause (1)(

c) must include a medical room

(

a) whose location is clearly identified by conspicuous signs;

(

b) that is supervised by a medic or, if no medic is required at the workplace, a

first aider who holds the highest level of first aid certificate held by any first

aider at the workplace;

(

c) whose location and design allow patients on stretchers to be easily

transported to it from other locations at the workplace and from it to any

deck from which patients may be transported from the workplace;

(

d) that allows for optimum ease of access to persons carrying a patient on a

stretcher;

(

e) that is maintained in an orderly and sanitary condition and in which all

surfaces are easily cleaned and disinfected;

(

f) that contains or is located adjacent to a washroom;

(

g) that contains

(

i) a rectangular treatment table that is accessible from both long sides

and at least 1 short side,

(ii) a medical lamp with an adjustable arm,

(iii) a means of securing a stretcher in place when it is occupied by a

patient,

(iv) a handwashing facility supplied with running hot and cold water,

(

v) a hand-held shower head that can easily reach the patient,

(vi) a storage cupboard and counter,

(vii) a separate cubicle or curtained-off area with a cot or bed equipped

with a moisture-protected mattress and 2 moisture-protected pillows,

(viii) a table and at least 2 chairs,

(ix) a lockable medical chest or cabinet,

(

x) a waste receptacle and a means of safely disposing of biohazards and

sharp objects,

(xi) sufficient electrical outlets of the appropriate voltage for the

equipment to be used in the room, and

(xii) all other medical supplies and equipment that are determined to be

necessary under clause (1)(c);

(

h) in which information is accessible regarding

(

i) first aid procedures in respect of any reasonably foreseeable injury or

illness at the workplace,

(ii) all hazardous substances at the workplace, including the procedures

for treating exposure to them and, in the case of hazardous products,

their safety data sheets, if any, or other documents containing hazard

information in respect of them, and

(iii) procedures for transporting injured or ill persons within and from the

workplace; and

(

i) that contains an effective means of hands-free electronic communication

with the physician referred to in clause 32(

a) and other emergency contacts,

as well as an up-to-date list of the names and contact information of those

persons for use in emergencies.

Medics

(1) An employer may designate a person as a medic if that person

(

a) has experience with helicopter or fixed-wing air-craft evacuation for

medical purposes;

(

b) holds an advanced cardiac life support certificate or basic cardiac life

support instructor’s certificate issued by an entity that bases its training on

International Liaison Committee on Resuscitation guidelines; and

(

c) meets 1 of the following requirements

(

i) they hold a licence to practise medicine in Canada and have at least 2

years’ clinical experience in intensive care or emergency practice,

(ii) they hold a registered nursing certificate recognized by a provincial

regulatory body and have at least 2 years’ clinical experience in

intensive care or emergency practice, or

(iii) hold an advanced care paramedic certificate or critical care

paramedic certificate issued by a college in Canada and have at least

3 years’ experience as an advanced life support provider.

(2) The designation under subsection (1) must be made in writing.

(3) The employer must not assign to the medic any other duties that will interfere with

the prompt and adequate provision of first aid and medical care.

(4) When providing first aid or medical care to an injured or ill person, a medic

(

a) must not be overruled by anyone other than the physician referred to in

clause 32(a); and

(

b) must follow any directions given by the physician referred to in clause

32(a).

First aiders

(1) An employer must allow any first aider, and any other employee that the first aider

needs for assistance, to provide prompt and adequate first aid to an injured or ill

person and ensure that they have adequate time to do so, with no loss of pay or

benefits.

(2) When providing first aid to an injured or ill person, a first aider

(

a) must not be overruled by anyone other than a physician, a medic or, if they

hold a standard first aid certificate, a first aider with an advanced first aid

certificate; and

(

b) must remain in charge of the person’s care until the first aid is complete or

the person is under the care of a physician, a medic or, if they hold a

standard first aid certificate, a first aider with an advanced first aid

certificate.

Treatment records

(1) A first aider or medic who provides care to an injured or ill person or from whom

treatment is sought must make and sign a record containing the following

information:

(

a) the full name of the injured or ill person;

(

b) a brief description of the injury or illness, and of the occurrence that gave

rise to it, if any, including, as applicable, the date on which and the time and

location at which the injury or occurrence occurred or the date on which and

the time at which symptoms of the illness were first experienced;

(

c) a brief description of any treatment provided by the first aider or medic,

including the date on which and time at which it was provided; and

(

d) brief description of any arrangements made for the treatment or

transportation of the injured or ill person.

(2) The employer with control over the workplace at which the record is made must

retain it, from the day on which the injury or illness is first documented, for

(a) 40 years, in the case of treatment for an occupational disease or exposure to

a hazardous substance;

(b) 10 years, in the case of treatment for an injury resulting from an incident,

other than exposure to a hazardous substance, or for a musculoskeletal

injury, as defined in subsection 42(1); and

(c) 5 years, in any other case.

Part 7: Employee Well-being

Occupational health and safety program

37 An occupational health and safety program must set out measures for promoting mental

health and healthy lifestyles and must address substance abuse, the effects on mental

health of working in a remote location and the management of mental illness.

Impairment

(1) Impairment, including as a result of fatigue, stress, injury, illness, another physical

or psychological condition, alcohol or drugs, is a prescribed risk for the purpose of

clause 202U(2)(

a) of the Act and an occupational health and safety program must

(

a) set out the roles and duties of all workplace parties in identifying and

preventing the consequences of impairment on the health and safety of

employees;

(

b) identify factors that may contribute to impairment or its causes, such as

work and workplace conditions, work scheduling and task type and length;

(

c) require that the factors referred to in clause (

b) be regularly monitored at the

workplace and taken into account, in conjunction with incident reports,

employee complaints, workplace committee reports and records of excess

work hours kept under clause (

e) or subsection 40(3), to identify any

potential impairment;

(

d) require the development, maintenance and implementation of an appropriate

work shift design that allows adequate rest periods;

(

e) require records to be kept of hours worked by an employee beyond their

usual shift or rotation; and

(

f) require that the risk of fatigue be taken into account in developing all

workplace procedures.

(2) An employer must ensure that no employee at a workplace under its control is

permitted to work if their ability to do so is impaired in a manner that is likely to

be hazardous to their health or safety or that of any other person at the workplace.

(3) Impairment must be considered as a potential causal factor in the investigation of

all incidents at the workplace.

Fatigue training

39 The instruction and training that an employer must provide to its employees includes

instruction and training on the factors that contribute to fatigue, procedures for

identifying and reporting fatigue and the role and duties of employees in managing

fatigue.

Rest periods

(1) An employer must ensure that no employee works at a workplace under its control

unless they have been provided with a period of at least 11 consecutive hours of

rest in the previous 24 hours.

(2) An employer may, in extenuating circumstances, allow an employee to work

without having had the rest period referred to in subsection (1) if the employer has

assessed the risk associated with the employee working the extra hours and

determined, in consultation with the employee, that the work can be carried out

without increased risk to their health or safety.

(3) If an employer allows an employee to work without having had the rest period

referred to in subsection (1), the employer must ensure that a description of the

work, the name of the employee, the hours worked, the reason for the exception

and the result of the risk assessment referred to in subsection (2) are recorded.

(4) Subsection (1) does not apply in the event of an emergency at the workplace that

may be hazardous to the health or safety of employees.

(5) Despite subsections (1) and (2), the employer with control over a workplace for

which an authorization has been issued for a period of less than 6 months may

alternatively comply, in respect of the marine crew, with the daily hours of work

and minimum rest requirements outlined in the International Maritime

Organization’s International Convention on Standards of Training, Certification

and Watchkeeping for Seafarers (STCW), 1978.

Thermal stress

41 Thermal stress is a prescribed risk for the purpose of clause 202U(2)(

a) of the Act and an

employer must ensure, in respect of all persons at each workplace under its control who

may be exposed to heat or cold, that

(

a) their exposure is kept below the applicable threshold limit value or action

limit established by the American Conference of Governmental Industrial

Hygienists in its publication TLVs and BEIs: Based on the Documentation

of the Threshold Limit Values for Chemical Substances and Physical Agents

& Biological Exposure Indices , as the case may be;

(

b) they are informed of the risk and advised of measures to be taken to

minimize their exposure to it;

(

c) they are regularly monitored for signs of thermal stress;

(

d) they are provided with clothing and equipment that offers protection against

thermal stress;

(

e) screens or shelters are provided to protect them against the elements, if

applicable;

(

f) measures are taken to acclimatize them to temperatures at the workplace;

(

g) hot or cold beverages, as the case may be, are made available to them; and

(

h) work schedules, including rest periods, are established having regard to

thermal stress.

Musculoskeletal injury

(1) In this Section, “musculoskeletal injury” means an injury to or disorder of the

muscles, tendons, ligaments, joints, nerves, blood vessels or related soft tissue,

including a sprain, strain or inflammation.

(2) Musculoskeletal injury is a prescribed risk for the purpose of clause 202U(2)(

a) of

the Act and the procedures referred to in that clause must include an assessment, in

consultation with the following persons, of the extent to which that risk is

associated with each type of work carried out at the workplace:

(

a) a representative sample of employees who are required to carry out that type

of work; and

(

b) employees who have signs or symptoms of musculoskeletal injury.

(3) The employer must ensure that interim hazard control measures are implemented

without delay after the risks of musculoskeletal injury are assessed and permanent

measures, determined with regard to the parameters established by the American

Conference of Governmental Industrial Hygienists in its publication, TLVs and

BEIs: Based on the Documentation of the Threshold Limit Values for Chemical

Substances and Physical Agents & Biological Exposure Indices , are implemented

as soon as practicable.

Workplace violence and harassment

(1) In this Section, “workplace violence and harassment” means any action, conduct or

comment, including of a sexual nature, that can reasonably be expected to cause

offence, humiliation or other physical or psychological injury or illness to an

employee.

(2) Workplace violence and harassment is a prescribed risk for the purpose of clause

202U(2)(

a) of the Act and an employer must develop and post at a place accessible

to all employees a policy setting out the employer’s commitment to

(

a) provide a safe, healthy and violence and harassment-free workplace;

(

b) dedicate sufficient attention, resources and time to address factors that

contribute to workplace violence and harassment;

(

c) communicate to its employees information in its possession about the

factors referred to in clause (b); and

(

d) assist employees who have been exposed to workplace violence and

harassment.

(3) An occupational health and safety program must

(

a) require that assessment of the risk of violence and harassment at the

workplace take into account the nature of the work carried out at the

workplace, the conditions under which that work is carried out and previous

experiences at the workplace and other similar workplaces; and

(

b) include procedures for

(

i) summoning immediate assistance in response to violence that poses

an immediate risk of physical injury,

(ii) reporting incidents of workplace violence and harassment to the

employer or a supervisor, and

(iii) investigating and addressing reports of workplace violence and

harassment.

(4) The training that an employer must provide to each of its employees includes

training on the factors that contribute to workplace violence and harassment.

Disruptive behaviour

44 An employer must instruct all employees at each workplace under its control to refrain

from engaging in disruptive behaviour at the workplace that may be hazardous to

themselves or any other person.

Part 8: Personal Protective Equipment

Employee obligations

(1) The personal protective equipment that an employee must use or wear for the

purpose of clause 202AB(

b) of the Act includes, in respect of any hazard to which

they are exposed, all personal protective equipment that the employer or operator

provides to them for the purpose of preventing or reducing injury from that hazard.

(2) An employee must ensure that any clothing worn by them does not interfere with

the proper functioning of any personal protective equipment used or worn by them.

Requirements

46 An employer must ensure that all personal protective equipment that it provides to its

employees, or to other individuals at a workplace under its control,

(

a) is designed to effectively protect the user or wearer from the hazard for

which it is provided;

(

b) is selected having regard to any other hazards in the work area in which it is

intended to be used or worn;

(

c) does not create a hazard when used or worn for the purpose for which it is

provided;

(

d) is compatible with all other personal protective equipment that the employer

provides to be used or worn at the same time, so that one item of equipment

does not make another item ineffective; and

(

e) is maintained in good working order and in a clean and sanitary condition.

Prescribed equipment

47 The personal protective equipment that an employer must provide to its employees and

other individuals at a workplace under its control includes

(

a) if the workplace is a marine installation or structure,

(

i) emergency escape breathing devices that conform to the International

Maritime Organization’s International Code for Fire Safety Systems

and that, if they are to be used for escape from an atmosphere that is

immediately dangerous to life and health,

(

A) have a rated service time in excess of the anticipated time

needed to reach the nearest temporary safe refuge or muster

station, and

(

B) if they are multifunctional self-contained breathing apparatuses

or airline respirators, have an auxiliary self-contained air supply

with a rated service time in excess of the anticipated time

needed to allow for escape by way of the planned escape route

and, in any event, of at least 15 minutes, or

(ii) respirators for the purpose of escape that are selected in accordance

with CSA Group Standard Z94.4, Selection, use, and care of

respirators ;

(

b) if the workplace is a marine installation or structure, immersion suits that

(

i) conform to

(

A) Chapter II of the LSA Code and IMO Resolution MSC.81(70),

with the provisions of that resolution being read as mandatory,

(

B) Underwriters Laboratories standard ANSI/CAN/UL 15027-2,

Immersion Suits –

Part 2: Abandonment Suits, Requirements

Including Safety , and

(ii) are appropriate for all expected environmental conditions in the

vicinity of the workplace, all situations that may require emergency

evacuation and the time it would take for rescue operations to reach

the area and complete a rescue;

(

c) if the workplace is a workboat, an anti-exposure suit for each employee or

individual that

(

i) conforms to

Chapter II of the LSA Code and IMO Resolution

MSC.81(70), with the provisions of that resolution being read as

mandatory, and

(ii) is appropriate for all expected environmental conditions in the

vicinity of the workplace;

(

d) if the employee or individual is in the vicinity of moving equipment or

loads, personal protective clothing that conforms to CSA Group standard

Z96, High-visibility safety apparel , other than the provisions of that

standard that pertain to marking, and that is selected in accordance with that

standard’s annex on selection, which is to be read as mandatory;

(

e) if the employee or individual may be exposed to a risk of head injury,

protective headwear that conforms to CSA Group standard Z94.1, Industrial

protective headwear – Performance, Selection, Care, and Use , other than

the provisions of that standard that pertain to marking;

(

f) if the employee or individual may be exposed to a risk of injury to the eyes,

face, ears or front of the neck, eye or face protectors that conform to CSA

Group standard Z94.3 , Eye and face protectors , other than the provisions of

that standard that pertain to marking, and that are compatible with any

corrective lenses worn by the employee or individual;

(

g) if the employee or individual may be exposed to a risk of foot injury or

electric shock through footwear, protective footwear that conforms to

(

i) CSA Group standard Z195, Protective Footwear , other than the

provisions of that standard that pertain to marking,

(ii) ASTM International standard F2413, Standard Specification for

Performance Requirements for Protective (Safety) Toe Cap

Footwear , other than the provisions of that standard that pertain to

marking, or

(iii) International Organization for Standardization standard ISO 20345,

Personal protective equipment – Safety footwear , other than the

provisions of that standard that pertain to marking;

(

h) if the employee or individual may be exposed to noise levels exceeding the

threshold limit value for sound, other than while diving, personal protective

equipment that conforms to and is selected and maintained in accordance

with CSA Group standard Z94.2, Hearing protection devices –

Performance, selection, care, and use ;

(

i) if the employee or individual may be exposed to a hazard from a type of gas

that can be monitored with a personal gas monitoring device, a device of

that type that is explosion-proof and has been calibrated in accordance with

the manufacturer’s instructions;

(

j) if the employee or individual may be exposed to fire or radiated heat from

fire, personal protective clothing that conforms to the design and

performance requirements set out in Canadian General Standards Board

standard CAN/CGSB 155.20, Workwear for protection against

hydrocarbon flash fire and optionally steam and hot fluids , or in

Chapter 7

of National Fire Protection Association standard NFPA 2112, Standard on

Flame-Resistant Clothing for Protection of Industrial Personnel Against

Short-Duration Thermal Exposures from Fire ;

(

k) if the employee or individual may be exposed to respiratory hazards,

respiratory protective equipment that is

(

i) selected and maintained in accordance with CSA Group standard

Z94.4, Selection, use, and care of respirators , and

(ii) in the case of a pressure-demand self-contained breathing apparatus

that is to be used in atmospheres that are immediately dangerous to

life and health, equipped with an audible alarm that sounds when the

air supply has diminished to 33% of its capacity;

(

l) if the employee or individual may be exposed to a risk of injury to or

through the skin, an effective shield, screen, cream, lotion or body covering;

and

(

m) if the employee or individual is exposed to a risk of falling into the water,

(

i) a life jacket that is appropriate for all expected environmental

conditions and conforms to

Chapter II of the LSA Code and IMO

Resolution MSC.81(70), with the provisions of that resolution being

read as mandatory, and

(ii) a personal flotation device that is appropriate for all expected

environmental conditions and

(

A) has been approved by the federal Minister of Transport, the

Canadian Coast Guard or the United States Coast Guard,

(

B) is appropriate for the weight of the person who will wear it,

(

C) has sufficient buoyancy to keep the person’s head afloat, and

(

D) is capable of being inflated manually, regardless of whether it is

also equipped with automated inflation technology, or

(iii) a fall-arrest system as described in clause 110(1)(d).

Respiratory protective equipment

(1) An employer must ensure that any respiratory protective equipment that they

provide to employees or other individuals at a workplace under its control is used

in accordance with CSA Group standard Z94.4, Selection, use, and care of

respirators .

(2) The employer must ensure that any respiratory protective equipment that supplies

air is used only if

(

a) that air conforms to either CSA Group standard Z180.1, Compressed

breathing air and systems or European Committee for Standardization

(CEN) standard EN 12021, Respiratory equipment – Compressed gases for

breathing apparatus ; and

(

b) the system that supplies the air is tested, operated and maintained in

accordance with CSA Group standard Z180.1, Compressed breathing air

and systems .

Personal gas monitoring device

49 An employer must ensure that each personal gas monitoring device used at a workplace

under its control is bump tested before each use.

Records

50 Despite subsection 88(2), an employer must retain the records referred to in clause

88(1)(

f) in respect of all personal protection equipment that they provide for as long as

the equipment is in service.

Part 9: Passengers in Transit

Transit by helicopter

(1) The information and instruction that an operator must, for the purpose of clause

202O(1)(

a) of the Act, ensure is provided to each of the employees and other

passengers being transported on a helicopter to or from any of its workplaces

includes

(

a) an overview of the helicopter’s layout and features, including the location of

emergency exits and equipment, including life rafts;

(

b) instruction on precautionary measures to be taken when embarking and

disembarking and while en route;

(

c) the role of passengers during emergencies, including the means by which

passengers may communicate directly with the pilot to alert them of an

emergency;

(

d) a demonstration of the donning and doffing of the helicopter passenger

transportation suit systems provided in accordance with subsection (3) and

instruction on the use of the emergency underwater breathing apparatus

provided in accordance with that subsection; and

(

e) instruction on escape and abandonment procedures, including the use of the

life rafts referred to in clause (2)(b).

(2) The equipment and devices with which an operator must, for the purpose of clause

202O(2)(

b) of the Act, ensure that any helicopter going to or from any of its

workplaces is equipped includes

(

a) equipment that permits the helicopter’s flight path to be tracked at all times;

and

(

b) life rafts, each of which is equipped with 2 position-indicating devices, in

sufficient numbers to accommodate all passengers on board, having regard

to the passengers’ space requirements and weight while wearing helicopter

passenger transportation suit systems.

(3) The personal protective equipment that an operator must, for the purpose of clause

202O(3)(

a) of the Act, ensure is provided to each of the employees and other

passengers on a helicopter going to or from any of its workplaces includes

(

a) a helicopter passenger transportation suit system and life preserver that

conform to the Airworthiness Manual published by the federal Department

of Transport; and

(

b) an emergency underwater breathing apparatus (EUBA) that conforms to the

Canadian Aviation Regulations.

(4) The training that an operator must, for the purpose of clause 202O(3)(

b) of the Act,

ensure is provided to each of the employees and other passengers on a helicopter

going to or from any of its workplaces includes

(

a) practice in donning and doffing the helicopter passenger transportation suit

system that is provided to them; and

(

b) the training referred to in paragraph 602.66(1)(

c) of the Canadian Aviation

Regulations in respect of the emergency underwater breathing apparatus that

is provided to them.

(5) The requirements to provide or wear a helicopter passenger transportation suit

system or emergency underwater breathing apparatus or to provide training in their

use do not apply in respect of any passenger in respect of whom there is an

exemption, under subsection 5.9(2) of the Aeronautics Act (Canada), from the

requirements under the Canadian Aviation Regulations respecting the wearing of a

helicopter passenger transportation suit system or the use of an emergency

underwater breathing apparatus.

Transit by vessel

(1) The information and instruction that an operator must, for the purpose of clause

202O(1)(

a) of the Act, ensure is provided to each of the employees and other

passengers being transported on a vessel to or from any of its workplaces includes

(

a) an overview of the vessel’s layout and features, including the location of

muster stations and emergency exits and equipment, including lifeboats and

life rafts;

(

b) the meaning of alarms;

(

c) instruction on precautionary measures to be taken when embarking and

disembarking and while en route;

(

d) the role of passengers during emergencies;

(

e) a demonstration of the donning and doffing of the immersion suits provided

in accordance with subsection (3); and

(

f) instruction on escape and abandonment procedures, including the use of the

lifeboats and life rafts referred to in clause (2)(b).

(2) The equipment and devices with which an operator must, for the purpose of clause

202O(2)(

b) of the Act, ensure that any vessel going to or from any of its

workplaces is equipped includes

(

a) equipment that permits the vessel’s path to be tracked at all times; and

(

b) lifeboats or life rafts, each of which is equipped with 2 position-indicating

devices, in sufficient numbers to accommodate all passengers on board,

having regard to the passengers’ space requirements and weight while

wearing immersion suits and the maximum weight capacity of the boats’ or

rafts’ launching appliances.

(3) The personal protective equipment that an operator must, for the purpose of clause

202O(3)(

a) of the Act, ensure is provided to each of the employees and other

passengers on a vessel going to or from any of its workplaces includes a properly

fitted immersion suit that conforms to clause 47(b).

(4) The training that an operator must, for the purpose of clause 202O(3)(

b) of the Act,

ensure is provided to each of the employees and other passengers on a vessel going

to or from any of its workplaces includes practice in donning and doffing the

immersion suit that is provided to them.

Safe entry and exit

(1) An operator must establish procedures for safe entry to and exit from each of its

workplaces that is a marine installation or structure, including procedures

respecting the use of gangways and fast rescue boats to transfer persons between

marine installations and structures.

(2) The procedures must not permit the use of swing ropes for entering to or exiting

from a marine installation or structure.

Part 10: Work Permits

Contents

(1) A work permit that is required by these regulations must be issued, in either paper

or electronic form, by a competent person designated by the employer with control

over the workplace at which the activity to which the work permit relates is carried

out, must be approved by a second competent person designated by that employer

and must set out

(

a) the name of the person who issued it and the person who approved it;

(

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

(

c) the periods during which the permit is valid;

(

d) the activity to which the permit relates, the location at which the activity is

to be carried out and any restrictions to which it is subject;

(

e) any circumstances under which the activity is to be carried out that may

have an effect on the health and safety risks associated with it, including

(

i) environmental conditions,

(ii) impediments to the proper use of any equipment or other thing, and

(iii) other activities being carried out in the area, with reference to any

permit or certificate associated with those activities;

(

f) work procedures, including those that apply to a specific space, task,

material, type of equipment or system, that are developed having regard to

the circumstances referred to in clause (

e) and are to be followed to

minimize the health and safety risks associated with the activity, including

(

i) any equipment, machine, device or system that must be locked out,

(ii) any tests that must be performed before, during and after the activity,

(iii) the particulars of any tags or signs to be used,

(iv) any protective equipment to be used,

(

v) the procedures to be followed in the case of an emergency or any

other change in the conditions in which the activity is carried out, the

persons involved or the equipment being used, and

(vi) procedures for addressing any impediment to the proper use of any

equipment or other thing;

(

g) any other engineering and administrative control measures in relation to the

activity that are necessary for the health and safety of persons at the

workplace;

(

h) the identification number of any lock used in a lockout referred to in

subclause (f)(i);

(

i) the results of any tests referred to in subclause (f)(ii), the date on which and

time at which they were performed and the signature of the person who

performed them; and

(

j) any other information or documentation that is necessary to ensure that all

persons involved in the activity are informed of the health and safety risks

associated with it.

(2) The work permit must be signed by the person who issued it, the person who

approved it and every person involved in the activity to which it relates, to certify

that they have read and understood its contents.

Occupational health and safety program

55 An occupational health and safety program must address the issuance and use of work

permits, including

(

a) activities that require a work permit;

(

b) the work permit issuance process, including roles and responsibilities in

obtaining or issuing a work permit, having regard to the nature of the

activity to which the permit relates;

(

c) methods of assessing hazards;

(

d) methods of communicating information about work permits to affected

employees;

(

e) the instruction and training to be given to employees with respect to work

permits; and

(

f) record-keeping requirements in relation to work permits.

Employer obligations

(1) An employer must ensure that

(

a) every activity that requires a work permit and is carried out at a workplace

under its control is carried out in accordance with a work permit; and

(

b) every work permit issued at a workplace under its control is made readily

available to employees for the duration of the activity to which it relates.

(2) An employer must retain a copy of each work permit issued at a workplace under

its control for at least 3 years after the day on which the activity to which it relates

is completed.

Part 11: Facilities

Application

57 This Part applies in respect of a workplace that is a marine installation or structure.

Accommodations area

(1) An employer must ensure that the accommodations area at each workplace under

its control

(

a) is constructed in a manner that allows for it to be easily cleaned and

disinfected;

(

b) is constructed so that sleeping quarters are not exposed to sound levels in

excess of 70 dB;

(

c) is equipped with adequate water and sewage systems;

(

d) is equipped with adequate heating, air-conditioning and ventilation systems

that ensure that

(

i) its thermal conditions conform to ANSI/American Society of

Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE)

standard 55, Thermal Environmental Conditions for Human

Occupancy , and

(ii) its ventilation rate conforms to ANSI/ASHRAE standard 62.1,

Ventilation for Acceptable Indoor Air Quality ; and

(

e) is maintained in a clean and sanitary condition and in good repair.

(2) The employer must ensure that no equipment is stored in an accommodations area

unless the equipment

(

a) is intended to be used in the accommodations area; and

(

b) is stored in a closet that is provided for that purpose and fitted with a door.

Washrooms

(1) An employer must make available a sufficient number of washrooms for use by

persons of all gender identities at each workplace under its control, in locations

conveniently accessible from all work areas.

(2) If there are multiple toilets within a washroom, the employer must ensure that

(

a) each toilet is partitioned in a separate stall with a solid, properly closing

door and fastener to ensure privacy; and

(

b) if the washroom is for use by persons of more than 1 gender identity, the

partitions and doors extend from floor to ceiling.

(3) The employer must ensure that all washrooms

(

a) contain handwashing facilities as described in subsection 61(2);

(

b) are, on their floors and the lower 15 cm of their walls and partitions,

watertight, except for drains, and impervious to moisture;

(

c) are adequately heated;

(

d) are adequately ventilated;

(

e) are maintained in a clean and sanitary condition and in good repair;

(

f) are provided with a sufficient supply of toilet paper; and

(

g) are provided with a waste receptacle with a lid.

Portable toilet units

(1) If the number of washrooms at a workplace is not sufficient to accommodate the

number of persons at that workplace during its commissioning or

decommissioning, the employer with control over the workplace may satisfy its

obligations under subsection 59(1) by supplementing the available washrooms

with portable toilet units.

(2) The employer must ensure that all portable toilet units

(

a) are supplied with

(

i) soap in a dispenser, clean water and disposable towels, or

(ii) hand sanitizer;

(

b) are emptied and serviced at regular intervals in accordance with good

hygiene practice; and

(

c) satisfy the requirements set out in clauses 59(3)(

d) to (g).

Handwashing facilities

(1) An employer must make available a sufficient number of handwashing facilities

for use by persons at each workplace under its control, in locations conveniently

accessible from all work areas.

(2) The employer must ensure that all handwashing facilities

(

a) have a supply of either clean hot and cold or clean warm water;

(

b) are supplied with soap in a dispenser;

(

c) are supplied with individual clean and sanitary towels or another suitable

means of drying hands; and

(

d) are maintained in a clean and sanitary condition and in good repair.

Showers

(1) An employer must make available a sufficient number of showers for use by

persons at each workplace under its control.

(2) The employer must ensure that all showers

(

a) are designed for use by 1 person at a time, with walls, partitions or curtains

in place as necessary to ensure privacy;

(

b) have floors and walls that are watertight, except for drains, and impervious

to moisture;

(

c) have a supply of clean hot and cold water;

(

d) are supplied with individual clean and sanitary towels; and

(

e) are maintained in a clean and sanitary condition and in good repair.

Changing facilities

63 An employer must provide, at each workplace under its control, a changing facility that

(

a) is located adjacent to a washroom;

(

b) is of sufficient size to allow employees to change in and out of work

clothing;

(

c) has, for each employee at the workplace who is on rotation, a locker with

sufficient capacity to store the employee’s personal clothing while they are

working and their work clothing and equipment while they are not working;

(

d) has sufficient capacity to allow for storage of personal protective equipment

belonging to off-rotation employees, if there is insufficient storage available

to those employees in their sleeping quarters; and

(

e) contains a means of drying wet clothing.

Sleeping quarters

(1) An employer must ensure that the sleeping quarters at each workplace under its

control contain, for each person assigned to those quarters,

(

a) a standalone bed or bunk

(

i) that has inner dimensions of at least 1.98 m by 80 cm,

(ii) that is not part of a unit that is more than double-tiered,

(iii) whose bottom is at least 30 cm off the floor, if it is a standalone bed

or the lower bunk in a double-tiered unit, or approximately midway

between the bottom of the lower bunk and the ceiling, if it is the

upper bunk in a double-tiered unit,

(iv) that is equipped with an access ladder and a suitable barrier to protect

against falls, if it is the upper bunk in a double-tiered unit,

(

v) that can be easily cleaned and disinfected, and

(vi) that is supplied with clean and sanitary bedding;

(

b) a storage area fitted with a locking device to hold the employee’s personal

belongings; and

(

c) a reading lamp.

(2) An employer must, to the extent feasible, assign each person at a workplace under

its control their own sleeping quarters, with direct access to their own washroom

containing a shower.

(3) If compliance with subsection (2) is not feasible, the employer must

(

a) assign no more than 2 persons to sleep in the same sleeping quarters at the

same time, unless a greater number is approved in advance by the Chief

Safety Officer on a short-term basis; and

(

b) if the workplace is a marine installation or structure used for drilling or

production or as a living accommodation, ensure that all persons have direct

access from their sleeping quarters to a washroom containing a shower and

that no more than 2 sleeping quarters have direct access to the same

washroom.

Dining areas

65 An employer must ensure the provision, at each workplace under its control, of a dining

area that is

(

a) of sufficient size to allow individual seating and table space for each

employee expected to be using the area at one time;

(

b) separated from any place containing a hazardous substance that may

contaminate food, dishes or utensils;

(

c) provided with waste receptacles; and

(

d) maintained in a clean and sanitary condition and in good repair.

Smoking areas

(1) It is prohibited to smoke or use a vaping device at a workplace other than in an

area designated for that purpose by the employer with control over the workplace.

(2) An employer must select any area that it designates as an area in which smoking or

the use of a vaping device is permitted having regard to

(

a) the area’s proximity to fire and explosion hazards; and

(

b) the need to prevent exposure of other persons at the workplace to emissions,

both directly from the product and as exhaled by the user, from smoking or

the use of a vaping device.

(3) It is prohibited to smoke or use a vaping device, even within a designated area, on

the deck of a marine installation or structure if drilling or production activities are

being carried out in the vicinity.

(4) The employer must ensure, with respect to any indoor area that it designates as an

area in which smoking or the use of a vaping device is permitted, that

(

a) the designated area is maintained under negative pressure with respect to the

adjacent area;

(

b) the designated area is separated from the adjacent area by solid walls, floors

and ceilings and solid doors equipped with an automatic closing

mechanism; and

(

c) air transfer into the designated area is maintained at a rate of at least 24 L/s

per occupant, regardless of whether the doors are open or closed, and air is

not re-circulated.

(5) An employer must ensure that signage is posted outside each entrance to an area in

which smoking or the use of a vaping device is permitted, indicating

(

a) that persons entering the area may be exposed to emissions from smoking or

the use of a vaping device; and

(

b) the area’s maximum occupancy level, as determined with regard to its air

transfer rate, if the area is indoors.

(6) If an employer removes the designation of an area as an area in which smoking or

the use of a vaping device is permitted, it must ensure that the signage referred to

in clause (5)(

a) remains posted outside each entrance to the area until the area

contains no residual contaminants from the smoking or vaping activity.

Part 12: Sanitation and Housekeeping

Waste material

67 The risks associated with the accumulation of and exposure to waste material, including

garbage, recyclable refuse, food waste and debris, are prescribed risks for the purpose of

clause 202U(2)(

a) of the Act and an employer must ensure, at each workplace under its

control, that

(

a) waste material is collected, handled, segregated and removed in a safe and

hygienic manner;

(

b) waste receptacles and other facilities for disposing of and storing waste

material are provided to prevent its hazardous accumulation; and

(

c) all waste receptacles that are provided in dining and food preparation areas

or that are intended to hold waste material that could give rise to a hazard,

including waste material that is flammable or combustible, are

(

i) made of fire-rated material,

(ii) leakproof,

(iii) fitted with a tight-fitting lid, and

(iv) maintained in good working order and in a clean and sanitary

condition.

Pests

(1) The risks associated with the presence of pests are prescribed risks for the purpose

of clause 202U(2)(

a) of the Act and an employer must ensure that the enclosed

parts of each workplace under its control are constructed, equipped and maintained

in a manner that prevents, to the extent feasible, the entry of pests.

(2) If pests have entered an enclosed part of the workplace, the employer must

immediately take all steps necessary to eliminate the pests and prevent their re-entry.

(3) The occupational health and safety program must provide for the keeping of pest

control inspection and pesticide application records.

Cleanliness and orderliness

69 The hazard control measures set out in an occupational health and safety program must

include procedures for

(

a) maintaining the workplace in a clean and orderly state;

(

b) ensuring that all surfaces at the workplace on which a person may stand are

kept free of slipping and tripping hazards; and

(

c) ensuring that all cleaning of the workplace is carried out in a manner that

does not allow dust or any other substance that may be harmful to

employees’ health or safety to contaminate the air.

Storage

70 An employer must ensure that all things at each workplace under its control are stored or

placed in a manner that does not present a hazard to the health or safety of any person,

including by

(

a) impeding the safe movement of persons, equipment or things through

corridors, entrances or exits;

(

b) impeding access to or the use of firefighting, first aid or other emergency

equipment;

(

c) interfering with the operation of fixed fire protection equipment;

(

d) impeding access to electrical panels, equipment control panels or emergency

disconnect switches or devices;

(

e) obstructing ventilation or illumination;

(

f) exceeding the maximum load-carrying capacity of the thing on which they

are stored or placed; or

(

g) being stacked in a manner that makes them unstable.

Part 13: Food and Potable Water

Food safety

71 The risks arising from the consumption of unsafe food are, in respect of a workplace at

which food is served, prescribed risks for the purpose of clause 202U(2)(

a) of the Act

and the employer with control over the workplace must ensure that

(

a) all preparation, storage, handling or serving of food is done in accordance

with the Codex Alimentarius Commission’s “Recommended International

Code of Practice: General Principles of Food Hygiene”, as set out in Food

Hygiene (Basic Texts) , with the recommendations in the Code being read as

mandatory;

(

b) foods that require refrigeration to prevent them from becoming hazardous to

health are maintained at a temperature of 4°C or lower;

(

c) foods that require freezing to prevent them from becoming hazardous to

health are maintained at a temperature of -18°C or lower; and

(

d) temperature logs are maintained for hot and cold holding units, including

refrigerators and freezers.

Potable water

(1) In this Section, “potable water” means water that conforms to the federal

Department of Health’s Guidelines for Canadian Drinking Water Quality .

(2) An employer must provide, to all persons at each workplace under its control,

potable water for drinking and food preparation and must ensure that clean and

sanitary cups are provided for drinking water that is not provided from a drinking

fountain.

(3) The risks associated with the consumption of non-potable water are prescribed

risks for the purpose of clause 202U(2)(

a) of the Act and an occupational health

and safety program must

(

a) provide for on-site oversight by a competent person of the daily operation of

the system by which potable water is provided;

(

b) require notification of the workplace committee or coordinator, as the case

may be, of any samples taken from that system that fail to meet the

requirements for potable water;

(

c) set out procedures for addressing any failures of the system to provide water

that meets the requirements for potable water; and

(

d) address the keeping of records relating to the system, its oversight and its

performance.

Part 14: Lighting

Non-application

73 This Part does not apply to the lighting of the bridge of a mobile offshore drilling unit or

the bridge of any ship used for construction, production or diving or for geotechnical or

seismic work.

Minimum levels

74 An employer must, in respect of each workplace under its control, ensure that

(

a) all persons at the workplace have sufficient lighting, in terms of both

quantity and quality, to perform all of their tasks safely; and

(

b) if the workplace is a marine installation or structure, the average level of

lighting at a work position or in an area referred to in column 1 of the

following table is at least that set out in column 2 when the workplace’s

primary lighting system is operational.

Table

Item

Column 1

Work Position or Area

Column 2

Minimum Average Level

(in lx)

Office areas:

(

a) work positions at which

cartography, drafting, plan

reading or other tasks

requiring high visual

precision are performed

(

b) work positions at which

business machines are

operated or prolonged

reading or writing tasks are

performed

(

c) other areas

Laboratories:

(

a) work positions at which

instruments are read or

hazardous substances are

handled if errors in such

reading or handling may be

hazardous to the health or

safety of an employee

(

b) work positions at which close

or prolonged attention is

given to laboratory work

(

c) other areas

Workshops and garages:

(

a) work positions at which fine

or medium bench, machine or

repair work is performed

(

b) work positions at which

rough bench, machine or

repair work is performed

(

c) other areas

Process areas:

(

a) work positions in major

control rooms or rooms with

dial displays at which tasks

essential to the control of

equipment or machinery that

may be hazardous to the

safety of employees are

performed

(

b) work positions at which a

hazardous substance is used,

stored or handled

(

c) positions at which gauges and

meters that are not

self-illuminating are located

(

d) other areas

Loading platforms and warehouses:

(

a) work positions at which

packages or goods are

checked or sorted

(

b) work positions at which

loading or unloading work is

frequently performed

Storage areas:

(

a) areas in which there is a high

level of activity

(

b) other areas

Derricks, drill floors and moon

pools:

(

a) work positions at which there

is a high level of activity

(

b) other areas

Entrances, exits, elevators,

corridors, aisles and stairways:

(

a) areas in which there is a high

level of activity or where

there is a high frequency of

traffic

(

b) other areas

Medical rooms:

(

a) work positions at which first

aid or medical care is

rendered or examinations are

conducted or at which other

tasks essential to the health or

safety of an employee are

performed

(

b) other areas

Food preparation areas:

(

a) work positions at which

prolonged cutting or

preparation tasks are

performed

(

b) other areas

Dining areas and recreation areas

Sleeping quarters

Washrooms and showers

Boiler, engine, ballast control and

generator rooms

Rooms in which principal heating,

ventilation or air-conditioning

equipment is installed

Emergency shower facilities,

emergency equipment locations,

muster stations, temporary refuge

areas and lifeboat and life raft

locations

Emergency lighting

(1) An employer must ensure that each workplace under its control that is a marine

installation or structure is equipped with an emergency lighting system that

(

a) turns on automatically if the primary lighting system fails; and

(

b) provides sufficient dependable illumination to enable all emergency

measures to be carried out, including emergency shutdown procedures and

evacuation of persons from the workplace.

(2) The employer must ensure that the emergency lighting system is verified to be in

working order at least once a month.

Handling, storage and disposal

76 An employer must ensure that lighting components and bulbs at each workplace under

its control are handled, stored and disposed of in accordance with the manufacturer’s

instructions and in a manner that does not pose a risk to any person.

Part 15: Sound Levels

Unimpeded communication

77 An employer must ensure that sound levels at each workplace under its control do not

impede communication during normal or emergency operations.

Noise

(1) Excessive noise is a prescribed risk for the purpose of clause 202U(2)(

a) of the Act

and an employer must ensure, with respect to each workplace under its control,

other than an underwater area, that

(

a) noise surveys are carried out in accordance with CSA Group standard

Z107.56, Measurement of noise exposure ;

(

b) to the extent feasible, the threshold limit value for sound is not exceeded;

and

(

c) if it is not feasible to reduce sound levels at the workplace to within the

threshold limit value,

(

i) signs are posted at the entrances to or on the periphery of areas where

employees may be exposed to excessive sound levels that clearly

indicate the presence of a noise hazard and identify the personal

protective equipment that is required in that area, and

(ii) every employee at the workplace undergoes an audiometric test every

2 years, or more frequently as recommended by an audiologist or

occupational physician.

(2) The employer must retain the results of all noise surveys for at least 10 years after

the day on which they were carried out.

(3) The instruction and training that an employer must provide to its employees

includes instruction and training on the risks posed by excessive noise.

Part 16: Ventilation

Air quality

(1) Poor air quality is a prescribed risk for the purpose of clause 202U(2)(

a) of the Act

and an employer must ensure that all contaminants in the air at each workplace

under its control are kept below the applicable threshold limit values, including, if

the workplace is a marine installation or structure, through the installation, use,

maintenance and testing of appropriate ventilation systems and other engineering

controls.

(2) The ventilation systems must, if feasible, include local exhaust ventilation systems

where necessary to prevent contaminants from entering an employee’s breathing

zone while the employee is working.

Ventilation system

80 An employer must ensure, with respect to any ventilation system installed at a workplace

under its control, that

(

a) it is equipped with a device that provides a warning if the system is not

working properly;

(

b) all contaminants that it removes are exhausted clear of the area from which

they are drawn and prevented from entering any work area or

accommodations area;

(

c) it and any humidification equipment that forms a part of it

(

i) are constructed and maintained in a manner that minimizes the

growth and dissemination through the system of micro-organisms,

insects and mites,

(ii) if feasible, are readily accessible for cleaning and inspection; and

(

d) unless it is installed in an accommodations area, its minimum ventilation

rate conforms to American Conference of Governmental Industrial

Hygienists standard Industrial Ventilation: A Manual of Recommended

Practice for Design.

Internal combustion engine

81 If mobile equipment powered by an internal combustion engine is operated indoors or in

an enclosed work area, the employer with control over the workplace at which it is

operated must ensure that the engine is maintained in a manner that ensures conformity

with the requirements of American Conference of Governmental Industrial Hygienists

standard Industrial Ventilation: A Manual of Recommended Practice for Design.

Part 17: Structural Safety

Movement within workplace

82 An employer must ensure, to the extent feasible, that all persons at each workplace under

its control that is a marine installation or structure are able to move around the

workplace, including through corridors, without bending, sidling or tripping and must

ensure that any changes in floor elevation and ceiling height that pose a risk of injury and

cannot be eliminated are clearly marked.

Doors

83 An employer must ensure, at each workplace under its control that is a marine

installation or structure, that

(

a) any swinging door that opens onto a stairway does so over a floor or landing

that extends under the full swing of the door; and

(

b) the use of any double-action swinging door that does not permit persons

approaching from one side of the door to be aware of persons on the other

side is restricted to a single direction.

Guard-rails

84 Any guard-rail that is required under these regulations must

(

a) include

(

i) a horizontal rail, cable or chain positioned at least 90 cm and no

more than 1.1 m above the working surface,

(ii) unless the guard-rail is located at the top of a fixed ladder, one or

more additional horizontal rails, cables or chains positioned below

the one referred to in subclause (

i) so that the distance between the

working surface and the nearest rail, cable or chain or between any

two adjacent rails, cables or chains does not exceed half the distance

between the working surface and the rail, cable or chain referred to in

subclause (i), and

(iii) vertical supports spaced no more than 3 m apart at their centres;

(

b) be capable of withstanding the greater of

(

i) the maximum load that is likely to be imposed on it, and

(ii) a static load of at least 890 N applied in any direction at any point on

the rail, cable or chain referred to in subclause (a)(i); and

(

c) be capable of withstanding the effects of fire.

Wall and floor openings and open edges

85 An employer must ensure that, in any area on a marine installation or structure under its

control to which a person might have access,

(

a) every opening in a wall, partition or bulkhead that measures at least 75 cm

high and 30 cm wide and from which there is a drop of more than 1.2 m, or

that otherwise poses a hazard to any person, and every opening in a floor,

platform or deck whose smallest dimensions measure at least 30 cm is

(

i) protected by a guard-rail, or

(ii) covered with material that is

(

A) securely fastened to a supporting structural member of the

marine installation or structure, and

(

B) capable of withstanding all loads that are likely to be imposed

on it; and

(

b) every other open edge from which there is a drop of more than 1.2 m, other

than on a helicopter deck, is protected by a guard-rail.

Open-top enclosures

(1) An employer must ensure, at each workplace under its control, that, if an

employee has access to the top of a bin, hopper, tank, vat, pit or similar enclosure

with an opening at the top that is large enough for a person to fit through,

(

a) the enclosure’s opening is covered with a grating, screen or other covering;

(

b) there is a walkway over or adjacent to the opening that is at least 50 cm

wide and is fitted with guard-rails.

(2) The grating, screen, covering or walkway must be capable of supporting the greater

(

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

(

b) a live load of 6 kN.

(3) If an employee is required to access the inside of an open-top enclosure from its

top, the employer must ensure, if feasible, that there is a fixed ladder on the inside

wall of the enclosure that permits the employee to safely enter and exit.

Structural openings

87 An employer must ensure, before any opening is made in the structure of a marine

installation or structure under its control, including in any floor or wall, that the locations

of all pipes, cable and conduits in the area where the opening is to be made are clearly

marked.

Part 18: Equipment, Machines and Devices

Requirements

(1) An operator and employer must ensure, with respect to any equipment, machine or

device that that operator or employer provides for use at a workplace, including

any part of or accessory used with one of those things, that

(

a) only a competent person installs, assembles, uses, handles, stores, adjusts,

modifies, maintains, repairs, inspects, tests, cleans or dismantles it;

(

b) the activities referred to in clause (

a) are carried out in accordance with its

manufacturer’s instructions and, if they are carried out outdoors, having

regard to existing environmental conditions;

(

c) the manufacturer’s instructions respecting its operation and maintenance are

made readily available to any person carrying out an activity referred to in

clause (a);

(

d) adequate space is provided around it to allow the activities referred to in

clause (

a) to be carried out safely;

(

e) it is subject to

(

i) a brief visual inspection before each use by the person using it, and

(ii) a thorough safety inspection at least once each year if

(

A) its purpose is to preserve or protect life,

(

B) its use would, in the absence of any hazard control measures,

pose a risk to the health or safety of persons at the workplace,

(

C) it is subject to degradation over time that could affect its safety;

(

f) any person who maintains, repairs, modifies, tests or inspects it, other than

by carrying out a brief visual inspection, makes and signs a record that

(

i) clearly identifies the equipment, machine or device,

(ii) describes the activity carried out,

(iii) provides the person’s name,

(iv) specifies the date of the activity, and

(

v) provides the person’s observations regarding the safety of the

equipment, machine or device, if applicable;

(

g) no person uses it in a manner that may compromise the health or safety of a

person at the workplace, including by

(

i) maintaining, repairing or cleaning any powered equipment, machine

or device while it is operational, or

(ii) operating any equipment, machine or device that is equipped with a

guard while the guard is not in its proper position; and

(

h) no person intentionally tampers or interferes with it such that the health and

safety of any person at the workplace could be compromised, including,

unless done in accordance with these regulations, by impairing or rendering

inoperative a safety device or system that is used with it.

(2) The operator or employer that provides the equipment, machine or device must

(

a) retain the records referred to in clause (1)(f), as well as a record setting out

the date that they acquired the equipment, machine or device, until the day

that is 5 years after the day on which the equipment, machine or device is

taken out of service at the workplace; and

(

b) ensure that those records are made readily available to any person who uses,

inspects, tests, maintains, repairs or modifies the equipment, machine or

device.

(3) Despite subclause (1)(g)(i), a person is permitted to maintain, repair or clean a

powered piece of equipment, machine or device while it is operational if

(

a) its continued operation is essential to the maintenance, repair or cleaning;

and

(

b) if feasible, the energy source for any of its parts whose operation is not

essential is controlled in accordance with

Part 27 or those parts are equipped

with guards.

(4) Despite subclause (1)(g)(ii), a person is permitted to operate any equipment,

machine or device without its guard in the proper position if necessary to

(

a) permit the release of any part of a person that is trapped in the equipment,

machine or device; or

(

b) test, maintain, repair or clean the equipment, machine or device if

(

i) its energy source is, if feasible, controlled in accordance with

Part 27,

and

(ii) the person who performs the work does not leave the equipment,

machine or device until the guard has been replaced and verified to

be functioning properly.

(5) An employer must establish, and must instruct all employees to follow, procedures

for minimizing the risk of injury if equipment, machines or devices at a workplace

under the employer’s control must be maintained, repaired, cleaned or tested while

operational and without a guard in place and it is not feasible to control their

energy source as described in clause (3)(

b) or subclause (4)(b)(i).

Removal from service

89 An employer must ensure that any equipment, machine or device at a workplace under

its control that it has reason to doubt is safe for use is taken out of service and identified

in a manner that ensures it is not inadvertently returned to service until a competent

person determines it to be safe for use.

Hair, clothing and accessories

90 An employer must ensure that all persons at each workplace under its control do not

wear long hair, loose-fitting clothing, dangling accessories, jewellery or other similar

items unless those items are tied, covered or otherwise secured as necessary to prevent

them from coming into contact with equipment or machines or from otherwise

presenting a risk to health or safety.

Pedestrian passage

91 An employer must ensure, at each workplace under its control, that a path for pedestrian

use is clearly identified with floor markings or physical means through any area in which

mobile equipment or other equipment that presents a risk of injury to persons passing

through is being used.

Standards

(1) An employer must ensure, in respect of each workplace under its control, that

(

a) all equipment and machines conform to and are used in accordance with all

applicable provisions of CSA Group standard Z432, Safeguarding of

machinery ;

(

b) the starting and stopping controls of all equipment and machines are located

within easy reach of the person operating the equipment or machine;

(

c) all access doors on equipment or machines that expose moving parts when

opened are, if feasible, equipped with interlocks that

(

i) prevent the access door from opening while the moving parts are in

motion, or

(ii) immediately disconnect the power from the driving mechanism when

the door is opened, causing the moving parts to stop and preventing

them from restarting until the door is closed;

(

d) all controls on equipment, machines and devices are

(

i) clearly marked with their functions in a manner and location that

ensures the markings remain visible to the person operating the

equipment, machine or device, and

(ii) designed, positioned or shielded