Newfoundland and Labrador Gazette, Part I — 20 January 2012, Vol. 87, No. 3 — Government Notices and Official Publications

NLG 2012-01-20

Newfoundland and Labrador — Gazette

9 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 87 ST. JOHN’S, FRIDAY, JANUARY 20, 2012 No. 3 JUDICATURE ACT COURT OF APPEAL CRIMINAL APPEAL RULES

(2002) COURT OF APPEAL PRACTICE NOTE CAPN No. 2012-01 DATE ISSUED: January 11, 2012 RELEVANT PROVISIONS AFFECTED: Criminal Code,

section 677, Criminal Appeal Rule 26 EFFECTIVE DATE: Upon publication The following Practice Note was filed with the Office of the Regi strar, as Secretary of the Rules Committee of the Court of Appeal, and is published pursuant to Rule 27 of the Supreme Court of Newfoundland and Labr ador – Court of Appeal Criminal Appeal Rules (2002) and Rule 57.31(3) of the Rules of the Supreme Court, 1986 . Note: This Practice Note applies exclusively to the Supreme Court of Newfoundland and Labrador – Court of Appeal Criminal Appeal Rules (2002).

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 20, 2012 10 Formal Orders – Dissenting Opinions in Criminal Appeals Background and Purpose 1. The Supreme Court of Newfoundland and Labrador – Cour t of Appeal Criminal Appeal Rules (2002) do not currently prescribe the form of the formal order to be filed recording the result of an appeal in a criminal matter.

Section 677 of the Criminal Code, however, provides: 677. Where a judge of the court of appeal expresses an opinion dissenting from the judgment of the court, the judgment of the court shall specify any grounds in law on which the dissent, in whole or in part, is based. 3. The apparent purpose of s. 677 is to show the dissenting opinion on the face of the formal judgment being appealed since a dissent on a question of law may lead to an appeal to the Supreme Court of Canada, as of right. 4. Rule 33 of the Rules of the Supreme Court of Canada, SOR/2002-156 provides, in relevant part: 33. A notice of appeal under paragraph 60(1)(

a) of the Act shall (

c) in the case of an appeal under paragraphs 691( 1)(a), 691(2)(

a) or (b), 692(3)(

a) or 693(1)(

a) of the Criminal Code , set out the questions of law, incl uding the question of law on which the dissenting judgment of the court appealed from is, in whole or in part, based, and include as a

schedule to the notice of appeal a copy of the judgment and reasons for judgment appealed from; 5. The responsibility for the preparation of a formal order reco rding the result of an appeal is, in the first instance, the responsibility of counsel. Rule 26 of the Supreme Court of Newfoundland and Labr ador – Court of Appeal Criminal Appeal Rules (2002) states: 26.

(1) On a decision having been filed or deemed filed, an order shall be prepared by the appellant or may be prepared by any party stating the disposition of the appeal as directed by the Court and served on the opposite party.

The order shall be approved by the judge who ac ted as chairperson of the appeal panel, or in the absence of that judge, the next senior judge on the panel, and shall be signed by and filed with the Registrar, who shall then notify all parties of the filing. 26(2) Any party to an appeal who wishes the order amended to express better the intent of the decision of the Court may apply to the Court, which may correct or otherwise amend the formal order, and the amended order shall then without a change of date, be signe d and entered by the Registrar as the formal order disposing of the appeal. 6.

The practice of counsel has not alwa ys been consistent with respect to th e inclusion of a reference to dissenting opinions in draft orders. 7. It is therefore considered appropriat e to issue this Practice Note to remind pa rties and their counsel that the foregoing provisions must be complied with. Practice Note 8. Parties and their counsel who draft form al orders following an appeal in a crimin al matter must ensure that those draft orders comply with

section 677 of the Criminal Code, i.e. they must specify any grounds in law on which the dissent, in whole or in part, is based. 9. Before submitting the draft order to the Court for filing, th e drafting party must, in accordance with Rule 26, provide a copy of the draft to the other party. If the other party approve s of the form of the order, he or she must signify approval on the draft before it is submitted for filing.

If the other pa rty objects to the form of the draft order, he or she shall advise the drafting party in writing of the nature of the ob jection and if the drafting part y does not agree, the draft together with the objection shall be subm itted to the Court. If the other party does not indicate, within a reasonable time, whether he or she agrees or disagrees with the form of the draft, the drafting party may submit the draft to the Court together with a note to that effect. Where a party is not represented by counsel, c ounsel for the Crown shall be responsible for drafting the order.

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 20, 2012 11 10. Orders that do not comply with s. 677 or are otherwise not appropriate may be rejected by the Registry staff and will not be approved by the responsible judge from the appeal pa nel. The drafting pa rty will be asked to amend the draft order. 11.

Where the drafting party has fa iled to specify any grounds in law on which the dissent, in whole or in part, is based and, by reason of error or inadvertence, the order is neverthe less approved and filed in the Court, the opposite party or parties should apply to the Court as soon as possible, pursuant to rule 26(2), to have the order amended.

Authorized by: DEREK GREEN CHIEF JUSTICE OF NEWFOUNDLAND AND LABRADOR Supreme Court of Newfoundland and Labrador Court of Appeal DEBBIE BRENNAN, DEPUTY REGISTRAR (for the Registrar of the Supreme Court of Newfoundland and Labrador Secretary, Rules Committee of the Court of Appeal) Jan 20 URBAN AND RURAL PLANNING ACT, 2000 NOTICE OF REGISTRATION TOWN OF ARNOLD’S COVE MUNICIPAL PLAN AMENDMENTS NOS. 2 & 3, 2011 AND DEVELOPMENT REGULATIONS AMENDMENTS NOS. 2 & 3, 2011 TAKE NOTICE that the TOWN OF ARNOLD’S COVE Municipal Plan Amendments Nos. 2 and 3, 2011 and Development Regulations Amendments Nos. 2 and 3, 2011 as adopted on the 9 th day of November, 2011 and approved on the 13th day of December, 2011, have been registered by the Minister of Municipal Affairs.

The general purpose of th ese amendments is to accommodate commercial development on the east side of the Arnold’s Cove in the general area of Arnold’s Cove Station. Municipal Plan Amendment No. 2 and Development Regulations Am endment No. 2 expands the area taken up by Future Land Use and Zoning Maps 2, at the expense of Future Land Use and Zoning Maps 1, to include the entire area that has been selected for commercial development.

Municipal Plan Amendment No. 3 and Development Regulat ions Amendment No. 3 subsequently amend Future Land Use Map 2 and Zoning Map 2 from Rural to Commercial to accommodate the commercial development. The Municipal Plan Amendments Nos. 2 and 3, 2011 and Development Regulations Amendments Nos. 2 and 3, 2011 come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette.

Anyone who wishes to inspect a copy of the Arnold’s Cove Municipal Plan Amendments Nos. 2 and 3, 2011 and Development Regulations Ame ndments Nos. 2 and 3, 2011 may do so at the Arnold’s Cove Town Office during normal working hours.

TOWN OF ARNOLD’S COVE Wayne Slade, Town Clerk/Manager Jan 20 NOTICE OF REGISTRATION TOWN OF BAY ROBERTS MUNICIPAL PLAN 2010-2020 AND DEVELOPMENT REGULATIONS 2010-2020 TAKE NOTICE that the TOWN OF BAY ROBERTS Municipal Plan and Devel opment Regulations, 2010-2020, adopted on the 25th day of January, 2011, and approved (as amended) on the 28th day of June, 2011, has been registered by the Minister of Municipal Affairs. The Bay Roberts Municipal Plan and Development Regulations, 2010-2020, come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette.

Anyone who wishes to inspect a copy of these documents may do so at the Town Office, during normal working hours. TOWN OF BAY ROBERTS Shirley Hawe, Town Clerk Jan 20 NOTICE OF REGISTRATION TOWN OF CLARENVILLE MUNICIPAL PLAN AMENDMENT NO. 2, 2011 AND DEVELOPMENT REGULATIONS AMENDMENT NO. 2, 2011 TAKE NOTICE that the TOWN OF CLARENVILLE Municipal Plan Amendment No . 2, 2011 and Development

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 20, 2012 12 Regulations Amendment No. 2, 2011, adopted on the 13 th day of September, and approved (as amended) on the 22 nd day of November, 2011, has been registered by the Minister of Municipal and Provincial Affairs. In general terms, the pu rpose of Municipal Plan Amendment No.2, 2011 is to re-designate land on Myers Avenue from Open Space to Commercial. In general terms, the purpose of Development Regulations Amendment No. 2, 2011 is to rezone land on Myers Avenue from Open Space to Commercial General.

The Clarenville M unicipal Plan Amendment No. 2, 2011 and Development Regulations Amendment No. 2, 2011 come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette . Anyone who wishes to inspect a copy of the Clarenville Municipal Plan Amendment No.2, 2011 and De velopment Regulations Amendment No. 2, 2011 may do so at the Town Office, 99 Pleasant Street, Clarenville, during normal working hours.

TOWN OF CLARENVILLE Robert Hiscock, CAO Jan 20 NOTICE OF REGISTRATION TOWN OF CLARENVILLE MUNICIPAL PLAN AMENDMENT NO. 3, 2011 AND DEVELOPMENT REGULATIONS AMENDMENT NO. 3, 2011 TAKE NOTICE that the TOWN OF CLARENVILLE Municipal Plan Amendment No . 3, 2011 and Development Regulations Amendment No. 3, 2011, adopted on the 13 th day of September, and approved (as amended) on the 22 nd day of November, 2011, has been registered by the Minister of Municipal Affairs. In general terms, the pu rpose of Municipal Plan Amendment No.3, 2011 is to re-designate land on Shoal Harbour Drive from Commercial to Residential.

In general terms, the purpose of Development Regulations Amendment No. 3, 2011 is to rezone land on Shoal Harbour Drive from Commercial General to Residential. The Clarenville M unicipal Plan Amendment No. 3, 2011 and Development Regulations Amendment No. 3, 2011 come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette . Anyone who wishes to inspect a copy of the Clarenville Municipal Plan Amendment No. 3, 2011 and Development Regulations Amendment No. 3, 2011 may do so at the Town Office, 99 Pleasant Street, Clarenville, during normal working hours.

TOWN OF CLARENVILLE Robert Hiscock, CAO Jan 20 NOTICE OF REGISTRATION TOWN OF LABRADOR CITY DEVELOPMENT REGULATIONS AMENDMENT No. 9, 2011 TAKE NOTICE that the TOWN OF LABRADOR CITY Development Regulations Amendment No. 9, 2011, adopted by Council on the 15th day of November, 2011, has been registered by the Minister of Municipal Affairs. In general terms, Developm ent Regulations Amendment No. 9, 2011, will: Amend the General Regulations by:

a) Amending Regulation 11, Variances;

b) Adding to or Amending Regulation 21(2), Permit to Develop;

c) Amending Regulation 40 Accessory Buildings;

d) Adding to or Amending Regulation 43, Building Height;

e) Adding to or Amending Regulation 44, Building Line Setback;

f) Adding to or Amending Regulation 74, Application of

Part IV; and

g) Adding to or Amending Regulation 76, Payment of Service Levies and Other Charges. Amend

Schedule A by:

a) Adding to or Amending the definition for Accessory Building;

b) Adding a new definition for Antenna;

c) Adding to or Amending the definition for Buffer;

d) Adding to or Amending the definition for Building Line;

e) Adding to or Amending the definition for Building Separation;

f) Adding a new definition for Corner Lot;

g) Adding a new definition for Flanking Street;

h) Adding a new definition for Hostel;

i) Adding a new definition for ISO Container;

j) Adding to or Amending the definition for Lodging House;

k) Adding a new definition for Primary Street; and

l) Adding to or Amending the definition for Screening. Amend

Schedule B by:

a) Adding Air Monitoring Stations to the list of examples found in

Section G for Non-Residential Uses; 1 – Uses not related to Buildings; Sub-

Section J – Antenna. Amend

Schedule C by:

a) Amending references to other sections of the Regulations, Condition 1, Standard Conditions for all Use Zones;

b) Adding referral agencies to the list of referrals found in Condition 2, Standard Conditions for all Use Zones;

c) Adding a new condition for Corner Lots to the list of conditions in the Standard Conditions for all Use Zones;

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 20, 2012 13

d) Adding a reference to Building Height and Building Line Setback to the end of the Use Zone Tables. Amend the Residential 1 Land Use Zone Table,

Schedule C by:

a) Adding a condition for Comprehensive Development Area-Drake/Marconi;

b) Adding to or Amending Condition 3, Accessory Buildings and Development Standards;

c) Adding to or Amending Condition 4, Home Based Business, Office , Personal Service, General Service, Catering, Medical and Professional Uses;

d) Adding to or Amending Condition 8, Decks & Patios in Front of a Building Line;

e) Adding to or Amending Condition 15, Development of Multiple Lots; and

f) Adding a new condition 17, Off-Street Parking – Driveways. Amend the Residential 2 Land Use Zone Table,

Schedule C by:

a) Adding to or Amending Condition 3, Accessory Buildings, Development Standards;

b) Adding to or Amending Condition 9, Accessory Buildings;

c) Adding to or Amending Condition 10, Home Based Business, Office , Personal Service, General Service, Catering, Medical and Professional Uses;

d) Adding to or Amending Condition 13, Decks & Patios in Front of a Building Line;

e) Adding to or Amending Condition 15, Sideyard Width;

f) Adding a new condition 16, Development of Multiple Lots; and

g) Adding a new condition 17, Off-Street Parking – Driveways. Amend the Mixed Development Land Use Zone Table,

Schedule C by:

a) Adding Collective Residential as a discretionary use;

b) Adding to or Amending Condition 3, Parking and Access; and

c) Adding a new condition 11, Accessory Buildings – ISO Containers. Amend the Commercial General Land Use Zone Table,

Schedule C by:

a) Adding a new condition 14, Accessory Buildings – ISO Containers. Amend the Commercial Highway Land Use Zone Table,

Schedule C by:

a) Adding a new condition 15, Accessory Buildings – ISO Containers. Amend the Central Business District Land Use Zone Table,

Schedule C by:

a) Adding a new condition 16, Accessory Buildings – ISO Containers. Amend the Light Industria l Land Use Zone Table,

Schedule C by:

a) Adding a new Condition 8, Outdoor Markets; and

b) Adding a new condition 14, Accessory Buildings – ISO Containers. Amend the General Industria l Land Use Zone Table,

Schedule C by:

a) Adding commercial residential workers residence (temporary) and industrial training residence only as a discretionary use; and

b) Adding a new condition 13, Accessory Buildings – ISO Containers. Amend the Public Use Land Use Zone Table,

Schedule C by:

a) Deleting general assembly as a discretionary use; and

b) Adding a new condition 4, Accessory Buildings – ISO Containers. Amend the Open Space Land Use Zone Table,

Schedule C by:

a) Adding a new condition 5, Accessory Buildings – ISO Containers. Amend the Mineral Extractio n Land Use Zone Table,

Schedule C by:

a) Adding mineral exploration as a permitted use. Amend the Off-Street Parki ng Requirements,

Schedule D by:

a) Adding a restricted, designated drop-off/pick-up zone to the Assembly Uses, (

j) Child Care; and

b) Adding Driveway Regulations for Residential Zones. The TOWN OF LABRADOR CITY Development Regulations Amendment No. 9, 2011, comes into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wish es to inspect a copy of the Town of Labrador City Development Regulations Amendment No. 9, 2011, may do so at the Town Office, Labrador City during normal working hours. TOWN OF LABRADOR CITY Diane Gear, Town Clerk Jan 20

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 20, 2012 14 NOTICE OF REGISTRATION TOWN OF MILLTOWN/ HEAD OF BAY D’ESPOIR MUNICIPAL PLAN AMENDMENT No. 1, 2011, and DEVELOPMENT REGULATIONS AMENDMENT No. 1, 2011 TAKE NOTICE that the TOWN OF MILLTOWN/HEAD OF BAY D’ESPOIR Municipa l Plan Amendment No. 1, 2011, and Development Regula tions Amendment No. 1, 2011, as adopted by Council on the 6 th day of September, 2011, has been registered by the Minister of Municipal Affairs.

In general terms, Municipal Plan Amendment No. 1, 2011 will designate an area of land of the former recreation area/arena, former Greenwood Gardens site, Route 361, to Industrial. Development Regulations Am endment No. 1, 2011 will zone the same area of land as described above to General Industrial. The TOWN OF MILLTOWN/HEAD OF BAY D’ESPOIR Municipal Plan Amendment No. 1, 2011, and Development Regulations Amendment No. 1, 2011, comes into effect on the day that this notice is published in The Newfoundland and Labrador Gazette .

Anyone who wish es to inspect a copy of the TOWN OF MILLTOWN/HEAD OF BAY D’ESPOIR Municipal Plan Amendment No. 1, 2011, and Development Regulations Am endment No. 1, 2011, may do so at the Town Office, Milltown/Head of Bay d’Espoir during normal working hours. TOWN OF MILLTOWN/HEAD OF BAY D’ESPOIR Kimberly Kendall, Town Clerk Jan 20 NOTICE OF REGISTRATION ST. JOHN’S MUNICIPAL PLAN AMENDMENT NUMBER 99, 2011 AND ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 523, 2011 TAKE NOTICE that the ST.

JOHN’S Municipal Plan Amendment Number 99, 2011 and Development Regulations Amendment Nu mber 523, 2011, adopted on the 7th day of November, 2011, have been registered by the Minister of Municipal Affairs. In general terms, the pu rpose of Municipal Plan Amendment Number 99, 2011 is to redesignate property at Civic Number 402 Back Line to the Residential Low Density District. In general terms, the purpose of Development Regulations Amendment Number 523, 2011 is to rezone property at Civic Number 402 Back Line to the Residential Low Density (R1) Zone.

These Amendments come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of the amendments may do so at the Department of Planning, St. John’s City Hall during regular business hours. CITY OF ST. JOHN’S Department of Planning Cliff Johnston, MCIP - Director of Planning Jan 20 NOTICE OF REGISTRATION ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 528, 2011 TAKE NOTICE that the ST.

JOHN’S Development Regulations Amendment Number 528, 2011 adopted on the 5th day of December, 2011, has been registered by the Minister of Municipal Affairs. In general terms, the purpose of Development Regulations Amendment Number 528, 2011 is to allow the St. John’s Municipal Council at its discre tion, to permit the paving of gravel parking lots existing as of December 31, 2011 that are located within flood plains of watercourses. This Amendment comes into effect on the day that this notice is published in The Newfoundland and Labrador Gazette.

Anyone who wishes to inspect a copy of it may do so at the Department of Pl anning, St. John’s City Hall during regular business hours. CITY OF ST. JOHN’S Department of Planning Cliff Johnston, MCIP - Director of Planning Jan 20 NOTICE OF REGISTRATION ST. JOHN’S MUNICIPAL PLAN AMENDMENT NUMBER 98, 2011 AND ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 522, 2011 TAKE NOTICE that the ST.

JOHN’S Municipal Plan Amendment No. 98, 2011 an d Development Regulations Amendment No. 522, 2011, adopted on the 31 st day of October, 2011, and approved (as amended) on the 5 th day of December, 2011, have been registered by the Minister of Municipal Affairs. In general terms, the pu rpose of Municipal Plan Amendment Number 98, 2011 is to redesignate properties in the area of Civic Number 560 Topsail Road from the Residential Low Density Dist rict to the Residential Medium Density District.

In general terms, the purpose of Development Regulations Amendment Number 522, 2011 is to rezone properties in the area of Civic Number 560 Topsail Road from the

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 20, 2012 15 Residential Low Density (R1) Zone to the Apartment Medium Density (A2) Zone wi th a site-specific building height limitation of four (4) storeys. These amendments come into effect on the date that this notice is printed in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of the amendments may do so at th e Department of Planning, 3 rd Floor, St. John’s City Hall during regular business hours. CITY OF ST.

JOHN’S Cliff Johnston, MCIP - Director of Planning Jan 20 NOTICE OF REGISTRATION TOWN OF WITLESS BAY MUNICIPAL PLAN AMENDMENT No. 10, 2011, and DEVELOPMENT REGULATIONS AMENDMENT No. 11, 2011 TAKE NOTICE that the TOWN OF WITLESS BAY Municipal Plan Amendment No. 10, 2011 and Development Regulations Am endment No. 11, 2011, as adopted by Council on the 12 th day of April, 2011 has been registered by the Minister of Municipal Affairs. In general terms, Municipal Plan Amendment No. 10, 2011 will re-designate an area of la nd from Rural to Residential.

Development Regulations Am endment No. 11, 2011, will re-zone the same area of land from Rural to Residential and Residential Subdivision Area to Residential. The Town of Witless Bay Municipal Plan Amendment No. 10, 2011 and Development Regulations Amendment No. 11, 2011, comes into effect on the day that this notice is published in The Newfoundland and Labrador Gazette . Anyone who wishes to inspect a copy of the Town of Witless Bay Municipal Plan Amendment No. 10, 2011 and Development Regulations Am endment No. 11, 2011, may do so at the Town Office, Witless Bay during normal working hours.

TOWN OF WITLESS BAY Geraldine Caul, Town Clerk/Manager Jan 20 NOTICE OF REGISTRATION TOWN OF WITLESS BAY MUNICIPAL PLAN AMENDMENT No. 7, 2010, and DEVELOPMENT REGULATIONS AMENDMENT No. 8, 2010, IN CONJUNCTION WITH ST. JOHN’S URBAN REGION REGIONAL PLAN AMENDMENT No. 5, 2011 TAKE NOTICE that the TOWN OF WITLESS BAY Municipal Plan Amendment No. 7, 2010, and Development Regulations Amendment No. 8, 2010, as approved by Council on the 1 st day of August, 2011 and St.

John’s Urban Region Regional Plan Amendment No. 5, 2011, as approved by the Minister on the 21 st day of December, 2011, has been registered by the Minister of Municipal Affairs. In general terms, Municipal Plan Amendment No. 7, 2010, will re-designate an area of land located north of Dean’s Road from Rural to Residential. Development Regulations Amendment No. 8, 2010, will re- zone the same area of land from Rural to Residential. St.

John’s Urban Region Regional Plan Amendment No. 5, 2011, will re-designate land as described in Municipal Plan Amendment No. 7, 2010, and Development Regulations Amendment No. 8, 2010, from Rural to Urban Development. The TOWN OF WITLESS BAY Municipal Plan Amendment No. 7, 2010, De velopment Regulations Amendment No. 8, 2010, and St. John’s Urban Region Regional Plan Amendment No. 5, 2011, comes into effect on the day that this notice is published in The Newfoundland and Labrador Gazette .

Anyone who wishes to inspect a copy of the Town of Witless Bay Municipal Plan Amendment No. 7, 2010, Development Regulations Amendment No. 8, 2010, and St. John’s Urban Region Regional Plan Amendment No. 5, 2011, may do so at the Town Office, Witless Bay, during normal working hours. TOWN OF WITLESS BAY Geraldine Caul, Town Clerk/Manager Jan 20 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate and Effects of late CHARLES TEMPLEMAN STAGG of Lumsden, in the Province of Newfoundland and Labrador, Retired Person, Deceased.

All persons claiming to be cr editors of or who have any claims or demands upon or affecting the Estate of CHARLES TEMPLEMAN STAGG, the aforesaid deceased, who died at Brookfield, in the Province of Newfoundland and Labrador on or about the 6 th day of October, 2011 are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Executor of the Estate on or before the 6 th day of February, 2012 after which date the Executor will proceed to distribute the said Estate having regard only to the claims of which he shall then have had notice.

DATED at the Town of Gander, Newfoundland and Labrador, this 6th day of January, 2012.

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 20, 2012 16 BONNELL LAW Solicitor for the Executor PER: R. Archibald Bonnell ADDRESS FOR SERVICE: P.O. Box 563 218 Airport Boulevard Gander, NL A1V 2E1 Tel: (709) 651-4949 Fax: (709) 651-4951 Jan 13 & 20

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 87 ST. JOHN’S, FRIDAY, JANUARY 20, 2012 No. 3 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 5/12 NLR 6/12

The Newfoundland and Labrador Gazette January 20, 2012 41 NEWFOUNDLAND AND LABRADOR REGULATION 5/12 Occupational Health and Safety Regulations, 2012 under the Occupational Health and Safety Act (O.C. 2012-005) (Filed January 17, 2012) Under the authority of

section 65 of the Occupational Health and Safety Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, January 17, 2012. Robert Thompson Clerk of the Executive Council REGULATIONS Analysis 1.

Short title

PART I GENERAL 2.

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

PART II NOTICE REQUIREMENTS 8. New project 9. Notifiable occupational diseases

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 42 10. Serious injury 11. Notification to utilities

PART III GENERAL DUTIES 12. Occupational health and safety program 13. Occupational health and safety policy 14. General duties of employers 15. Working alone 16. Safe working load of equip- ment 17. General duties of workers 18. Safety inspections 19. Co-ordination of work 20. Two or more employers 21. Appointment of qualified co- ordinator 22. Violence prevention 23. Procedures and policies 24. Instruction to workers

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

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

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

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

PART VII PERSONAL PROTECTIVE EQUIPMENT 70.

Definitions 71. Selection, use and mainte- nance 72. Instruction 73. Personal clothing and acces- sories 74. General requirements of safety headgear 75. Eye and face protection 76. Prescription safety eyewear

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 43 77. Contact lenses 78. General requirements of limb and body protection 79. Leg protection 80. Foot protection 81. High visibility apparel 82. Flame resistant clothing 83. Respiratory protection pro- gram 84. Respiratory protection 85. Respiratory protection equipment 86. Inspection and maintenance of respiratory protection equipment

PART VIII MACHINERY AND EQUIPMENT 87.

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

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

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

PART IX DE-ENERGIZATION AND LOCKOUT 127.

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

PART X FALL PROTECTION 138.

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

PART XI SCAFFOLDS, STAGES AND WORK PLATFORMS 147. Definition

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 44 148. Portable ladder standards 149. Job built ladders 150. Protective coatings 151. Inspection 152. Inclination and support 153. Length 154. Restrictions on use 155. Fixed ladders 156. Special purpose ladders 157.

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

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

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

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

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 45 244.

Definitions 245. Permanent powered plat- forms 246. Portable powered platforms 247. Fall protection - powered platform 248. Maintenance and operating records 249. Window cleaning

PART XII POWERED MOBILE EQUIPMENT 250.

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

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

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

PART XIV CRANES, HOISTS AND OTHER LIFTING EQUIPMENT 287.

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

Swing hazards 315. Position of equipment 316. Multiple crane lift 317. Travelling with a load 318. Loads over work areas 319. Unattended loads 320. Hook position 321. Signals 322. Alternative to hand signals

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 46 323. Dedicated radio system 324. Unhooking loads 325. Riding hook or load 326. Induced voltage 327. Uptravel limit 328. Electrical conductors 329. Power shutoff 330. Direction markings 331. Manually powered hoists 332. Cranes on floating supports 333. Level turntable 334. Outriggers 335. Tires 336. Supporting surface 337. Travelling with a load 338. Boom inspection 339. Tower cranes 340. Verification before use 341. Identification 342. Structural inspection 343. Structures kept clean 344. Communication 345. Wind limitations

PART XV RIGGING 346.

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

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

PART XVII CONSTRUCTION, EXCAVATION AND DEMOLITION 376.

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

PART XVIII EXCAVATION, UNDERGROUND WORK AND ROCK CRUSHING 404. Definition 405. Entrapment danger 406. Pre-excavation requirements 407. Excavation or access 408. Removal of material 409. Faces and slopes 410. Excavation safety 411. Underground workings 412. Internal combustion engines

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 47 413. Air quality 414. Rock crushing control meas- ures 415. Diesel engines underground 416. Falling ground

PART XIX GENERAL BLASTING 417.

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

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

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

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

PART XXIII DIVING AND OTHER MARINE OPERATIONS 461.

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

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

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

PART XXVI ELECTRICAL OPERATIONS 477.

Definitions 478. Electrical requirements 479. Poles and structures

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 48 480. Service rooms 481. Space around equipment 482. Testing equipment 483. Powerline hazards training 484. Low voltage electrical equipment - disconnection and lockout 485. Low voltage electrical equipment 486. Working close to low volt- age energized equipment 487. Low voltage electrical equipment - controls 488. Grounding portable low voltage electrical equipment 489. Low voltage electrical equipment - ground fault in- terrupters 490. Isolation and lockout 491. Warning signs 492.

De-energized high voltage systems - isolation and lock- out 493. Person in charge 494. Switching sequences 495. Isolating devices 496. Grounding and blocking 497. Multiple authorities 498. Minimum clearance - high voltage equipment and con- ductors 499. Assurance in writing 500. Assurance not practicable 501. Emergency work 502. Authorization by owner 503. Tree pruning etc. - prelimi- nary inspection 504. Tree pruning etc. in hazard- ous area 505. Qualifications 506. Control systems - general requirements 507. Programmable control sys- tems 508. Automatic control systems 509. Remote control systems 510.

Wireless remote control

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

PART XXVIII GENERAL MINING REQUIREMENTS 517.

Definitions 518. Application 519. Mine design 520. Scaling procedures 521. Procedure where flow of gas 522. Examination of mine 523. Unventilated or unsafe mine area 524. Ground control procedures 525. Ground control log book 526. Ground control 527. Rock bolts 528. Water accumulation in mine workings 529. Conveyor belts 530. Emergency stops, warning device and guarding 531. Conveyors general require- ments 532. Conveyor systems 533. Motor vehicle braking sys- tems 534. Braking requirements 535. Warning to traffic 536. Wheel chocks 537. Overload

PART XXIX UNDERGROUND OPERATIONS 538.

Definitions 539. Application 540. Mining method 541. Mine rescue emergency procedure 542. Tests and reports of emer- gency warning system 543. Tallying 544. Ambient air quality monitor- ing program 545. Record of result of ambient air quality monitoring pro- gram 546. Calibrating monitors and meters 547. Voice communication

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 49 548. Old or abandoned workings 549. Underground illumination 550. Cap lamps 551. Shaft pillar 552. Boundary pillar 553. Procedure when handling material 554. Steeply inclined raises 555. Raise climbers 556. Use of raise climbers 557. Overspeed safety device 558. Electrically powered raise climber 559. Electrical supply to raise climber 560. Presence on sub-level pro- hibited 561. Precautions for chutes 562. Mucking 563. Entry prohibited 564. Plotting of diamond drill holes 565.

Escape exits from under- ground 566. Refuge station 567. Building near headframes, shaft house or portal house 568. Air supply for hoist operator 569. Fire doors 570. Boilers, engines and com- pressors 571. Reciprocating type air com- pressors 572. Noncombustible material to be used 573. Fire suppression system 574. Storage of flammable mate- rial 575. Fueling vehicles under- ground 576. Fuel transfer or delivery systems 577. Fuels on surface 578. Prohibition of transfer of fuel by air 579. Combustible refuse 580. Process producing flamma- ble mixture 581. Hot work in mines 582.

Mine ventilation and auxil- iary ventilation systems 583. Fire protection for ventilat- ing systems 584. Fans 585. Booster fan 586. Auxiliary fans 587. Brattice or vent tubes 588. Operating procedure for booster and auxiliary fans 589. Stopping fan 590. Ventilation monitoring 591. Propane installations 592. Internal combustion engines underground 593. Replacement engines 594. Operating vehicles 595. Underground locomotives 596. Remote controlled equip- ment 597. Clearances for rail haulage 598. Clearances for mobile equipment 599. Safety stations 600. Operation of vehicles on ramps 601.

Boreholes in advance of working face 602. Dams and bulkheads 603. Placement of fill material in mine workings

PART XXX SHAFTS, HOISTS AND CONVEYANCES 604. Application 605. Safety standard 606. Record books 607. Shaft installations 608. Shaft inspection 609. Protection of workers 610. Staging or equipment sus- pended in shaft 611. Use of buckets 612. Regular examination of safety catches 613. Chairing devices 614. Hoisting persons 615. Shaft conveyances 616. Content of certificate 617. Shaft conveyance without cagetender 618. Operation of conveyance 619. Riding in bucket 620. Prohibition of certain sink- ing buckets 621. Load in sinking bucket 622. Work at different elevations 623. Shaft mucking machine

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 50 624. Application 625. Test specimen 626. Examination of mechanical parts 627. Defects 628. Machinery record book

PART XXXI EXPLOSIVES IN MINES 629.

Definitions 630. Application 631. Blasting in mines 632. Storage of explosives in mines 633. Transporting explosives 634. Magazine locked 635. Maintenance of magazines 636. Grounding 637. Permit 638. Log book 639. Explosives used under- ground 640. Manufacturing explosives 641. Cutting or piercing 642. Cartridge explosives 643. Tools 644. Unwinding detonator leg wires 645. Sequential firing 646. Detonator leg wires 647. Wiring of magazines for explosives and detonators 648. Bulk explosives vehicle 649. Electric blasting 650. Electrical blasting devices 651. Procedures for hazardous dust explosions

PART XXXII OPEN CUT WORKINGS IN MINING OPERATIONS 652.

Definitions 653. Application 654. Protection of workings, pits and quarries 655. Protective curbs or berms 656. Heights of faces and benches 657. Face of open pit or quarry 658. Lifelines 659. Undercutting of face 660. Working of unconsolidated material 661. Dumping from vehicle 662. Ramps 663. Rotary drilling 664. Parking of vehicles 665. Operation of equipment 666. Light vehicle equipment 667. Lighting 668. Clearance lights 669. Mine road design 670. Bench and berm widths - quarries and open pits 671. Water control 672. Stockpiles 673. Waste dumps 674. Reverse when dumping 675. Dump raised

PART XXXIII USE OF ELECTRICITY IN MINES 676.

Definitions 677. Application 678. Codes and standards 679. Notices and information 680. Fire extinguishing devices 681. Restrictions for hazardous locations 682. Electrical equipment rooms 683. Transformers 684. Switchgear 685. Trailing and cable repair 686. Protection of trailing cables 687. Electrical trailing cable reels 688. Trailing cable connectors 689. Quick connect cable cou- plers 690. Electrical protection and control devices 691. Protection of underground cables 692. Out of service wiring 693. Supply systems for mobile electrical equipment 694. Shaft sinking equipment 695. Lightning protection 696.

Radio controlled equipment 697. Underground electrical protection 698. Grounding 699. Unprotected electrical cable

PART XXXIV REPEAL AND COMMENCEMENT 700. CNLR 1145/96 Rep. 701. NLR 70/09 Rep.

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 51 702. Commencement

Schedule 1. These regulations may be cited as the Occupational Health and Safety Regulations, 2012.

PART I GENERAL 2.

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

i) an event occasioned by a physical or natural cause, or (ii) disablement arising out of and in the course of employ- ment; (b) "ACGIH" means the American Conference of Governmental Industrial Hygienists; (c) "Act" means the Occupational Health and Safety Act; (d) "administrative controls" means the provision, use and scheduling of work activities and resources in the workplace, including planning, organizing, staffing and coordinating, for the purpose of controlling risk; (e) "ASHRAE" means the Ameri can Society of Heating, Re- frigeration and Air Conditioning Engineers; (f) "authorized" means, in re ference to a person, a qualified person designated by an employer to carry out specific func- tions; (g) "commission" means the Workplace Health, Safety and Compensation Commission established under the Workplace Health, Safety and Compensation Act; (h) "competent" means a person who is (

i) qualified because of that person's knowledge, training and experience to do the assigned work in a manner that

Short title

Interpretation

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 52 ensures the health and safety of every person in the workplace, and (ii) knowledgeable about the provisions of the Act and these regulations that apply to the assigned work, and about potential or actual danger to health or safety associated with the assigned work; (i) "construction" means building, erection, excavation, altera- tion, repair, renovation, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and work in connection with it; (j) "CSA" means the Canadian Standards Association; (k) "engineering controls" means the physical arrangement, de- sign or alteration of workstations, equipment, materials, pro- duction facilities or other aspects of the physical work envi- ronment, for the purpose of controlling risk; (l) "hazardous health occupa tion" means an occupation from which an occupational disease may arise; (m) "hot work" means work which involves burning, welding, cutting, grinding, using fire or spark producing tools or other work that produces a source of ignition; (n) "injury" means (

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

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 53 (

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

section 90 of the Workplace Health, Safety and Compensation Act and another disease peculiar to or charac- teristic of a particular industrial process, trade or occupation; (s) "occupational health service" means a service established in or near a workplace to maintain and promote the physical and mental well-being of workers and may include person- nel, equipment, transportation, supplies and facilities; (t) "plant" means buildings, equipment and facilities where a worker or self-employed person is engaged in an occupation; (u) "professional engineer" m eans a person who holds a certifi- cate of registration to engage in the practice of engineering under the Engineers and Geoscientists Act; (v) "proof test" means a test applied to a product to determine material or manufacturing defects; (w) "qualified" means being knowledgeable of the work, the hazards involved and the mean s to control the hazards, by reason of education, training, experience or a combination of them;

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 54 (x) "TLV" means the documentation of threshold limit values for chemical substances and phy sical agents in the work en- vironment published annually or more frequently by the ACGIH; and (y) "work platform" means an el evated or suspended temporary work base for workers.

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

(3) Where there is a conflict be tween a standard established by these regulations or a code or standard adopted by these regulations, the more stringent standard applies. 3. These regulations apply to all employers and self-employed persons and workers and other persons to whom the Act applies except where the context of the regulations indicates otherwise. 4. The division may approve and distribute educational material, information and statistics required in the administration of the Act. 5.

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

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

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

(1) Stop work orders shall (

a) be posted in the workplace; and Application Responsibility of division Right to refuse work Stop work orders

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 55 (

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

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

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

(1) An appeal under

section 33 of the Act or an application un- der

section 51 of the Act to the board shall contain (

a) the name and address of the person making the appeal or the application; (

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

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

(2) The board shall (

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

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

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

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

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 56 (

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

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

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

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

(2) Notwithstanding that it is not a disease referred to in the Schedule, an employer shall inform the minister of a disease or illness affecting a worker in his or her empl oy that is determined by a medical practitioner to be an occupational or work related disease or illness.

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

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

a) places life in jeopardy; (

b) produces unconsciousness; (

c) results in substantial loss of blood; (

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

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

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

g) causes the loss of sight in an eye. Notifiable occupa- tional diseases Serious injury

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 57

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

a) the nature of the accident; (

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

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

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

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

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

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

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

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

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

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 58

PART III GENERAL DUTIES 12.

(1) An occupational health and safety program required under

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

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

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

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

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

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

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

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

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 59 (iv) a plan for training committee members as required un- der the Act; (

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

i) evaluation and monitoring of the workpl ace to identify potential hazards and the associated risks, (ii) procedures and schedules for regular inspections by management and committee members, (iii) procedures for the iden tification, reporting and control or correction of hazards, (iv) procedures for the prom pt investigation of hazardous occurrences to determine the cause of the occurrence and the actions necessary to prevent a recurrence, (

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

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

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

section and the Act and regulations; (

j) an emergency response plan; (

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

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 60 (

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

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

section 36.1 of the Act shall (

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

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

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

(1) An occupational health and safety policy required under

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

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

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

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

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

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 61 14.

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

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

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

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

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

a) in case of an emergency; or (

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

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

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

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

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

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 62

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

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

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

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

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

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

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

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

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

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

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

e) the provision of the certification is considered to be neces- sary by an officer. Safe working load of equipment

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 63 17.

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

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

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

(2) A worker shall follow the safe work procedure in which he or she has been instructed.

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

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

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

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

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

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

b) the health and safety activities to be used to address the haz- ards. General duties of workers Safety inspections Co-ordination of work

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 64

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

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

b) each employer shall notify th e principal contractor in ad- vance of an undertaking like ly to create a hazard for a worker of another employer. 21. Where, at a work location, th e overlapping or adjoining work activities of 2 or more employers create a hazard to workers and the combined work force at the workplace is more than 5 persons, the prin- cipal contractor shall (

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

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

(1) In this

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

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

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

a) previous experience in the workplace; (

b) occupational experience in similar workplaces; and Two or more em- ployers Appointment of qualified co- ordinator Violence prevention

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 65 (

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

section 22 the employer shall (

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

b) where elimination of the risk to workers is not possible, es- tablish procedures, policies and work environment arrange- ments to minimize the risk to workers. 24.

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

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

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

(1) An employer shall ensure that (

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

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

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

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

(2) Minutes of all regular meetings and special committee meet- ings shall be recorded in the form prescribed by the commission and one copy shall be kept on file with the committee, one copy shall be Procedures and policies Instruction to work- ers Operations of committees, repre- sentatives and designates

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 66 filed with the commission and one copy shall be posted in a prominent place in the workplace.

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

(4) An occupational health and safety committee shall (

a) meet within 2 weeks of its establishment; (

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

c) notify the commission of the elected co-chairs.

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

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

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

(8) A representative of the employer and (

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

b) the worker health and safety representative; or (

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

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

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 67 (

a) the occupational health and safety committee; (

b) the worker health and safety representative; or (

c) the workplace health and safety designate.

PART V GENERAL HEALTH AND SAFETY REQUIREMENTS 26.

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

(2) An employer, supervisor or worker shall not enter or remain on the premises of a workplace or at a job site while his or her ability to perform work responsibilities is impaired by intoxicating substances or another cause that endangers his or her health or safety or that of other workers.

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

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

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

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

a) before work begins; and (

b) as often during the work as necessary to ensure the safety of the workers. Personal conduct Travel over and work on ice

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 68 28.

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

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

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

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

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

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

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

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

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

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

b) or (c) (

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

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

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 69 (

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

d) shall be implemented.

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

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

a) roof brackets, (

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

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

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

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

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

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

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

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

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

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

(4) A vehicle service pit shall have a fixed ladder at each end. Openings, pits and tanks

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 70 31.

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

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

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

a) safe access and a safe work area is provided by catwalks, walkways, barriers or other means; or (

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

i) shall use a lifeline and harness prescribed in

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

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

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

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

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 71

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

(1) An employer shall provide sufficient and suitable lighting, whether natural or artificial, in every part of a workplace while a work- er is present and the illumination shall comply with the standards set by the American National Standards Institute - Illuminating Engineering Society, or other standards acceptable to the minister.

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

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

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

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

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

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

(2) Where the risk assessment required by subsection (1) shows a need for evacuation or rescue, appropriate written procedures shall be Barriers Illumination Compressed air Emergency plan risk assessment

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 72 developed and implemented and a worker assigned to coordinate their implementation.

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

a) work at high angles; (

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

c) work with hazardous substances; (

d) underground work; (

e) work in close proximity to power lines; (

f) work on or over water; and (

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

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

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

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

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

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

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 73

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

a) emergency shutdown procedures, and (

b) evacuation of workers from the premises. 41.

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

(2) A worker assigned to fire fighting duties in a workplace shall be given adequate training by a qualified instructor in fire suppression methods, fire prevention, emergency procedures, organization and chain of command, firefighting crew safety and communications appli- cable to the workplace in accordance with National Fire Protection As- sociation standards.

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

PART VI OCCUPATIONAL HEALTH REQUIREMENTS 42.

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

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

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

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

(5) An employer shall ensure that a substance produced, used or handled at a workplace which by reas on of toxicity, flammability or reactivity creates a risk to the health or safety of workers is controlled Emergency training Hazardous sub- stances

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 74 in accordance with the Material Safe ty Data Sheet or manufacturer's specifications.

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

(7) An employer shall ensure that (

a) atmospheric contamination of the workplace by hazardous substances is kept as low as is reasonably practicable; (

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

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

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

e) where a substance referred to in paragraph (

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

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

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 75

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

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

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

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

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

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

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

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

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

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

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 76 (

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

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

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

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

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

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

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

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

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

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

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

b) where a physician is no longer able to keep medical records pertaining to an occupational exposure, the minister shall be notified in advance to make a lternate arrangements that are in accordance with the guidelines of the College of Physi-

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 77 cians and Surgeons of Newfoundland and Labrador regard- ing the retention and storage of medical records. 44.

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

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

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

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

b) provision of special equipment and clothing; (

c) provision of sc reens or shelters; (

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

e) limited work schedules with rest periods; and (

f) other appropriate controls and measures.

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

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

(1) An employer shall ensure that (

a) there is appropriate circula tion of clean and wholesome air; Thermal environ- ment Ventilation

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 78 (

b) there is adequate ventilation; and (

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

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

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

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

(5) An employer shall ensure that, (

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

b) louvers are cleaned regularly; and (

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

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

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

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

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 79 (

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

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

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

a) the mechanical ventilation system (

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

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

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

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

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

e) measurements of the air volume of the mechanical ventila- tion system are taken at suitable intervals to ensure compli-

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 80 ance with the minimum air volume requirements in accor- dance with standards established by ASHRAE, ACGIH or other applicable standard approved by the minister.

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

(11) A ventilation system used to control airborne contaminants shall have electrical and mechani cal systems designed to control all potential ignition sources and meet the requirements of the Canadian Electrical Code. 46.

(1) In this

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

article by the use as an abrasive of a jet of sand, metal shot or grit or other material propelled by compressed air or steam or by a wheel; (b) "blasting chamber" means a blasting enclosure into which workers enter; (c) "blasting enclosure" means a chamber, barrel, cabinet or other similar enclosure designed for the purpose of blasting in it; (d) "cleaning of castings" means, where done as an incidental or supplemental process in connection with the making of metal castings, the freeing of the castings from adherent sand or other substance, and includes the removal of cores and the general smoothing of the castings where the freeing is done, but does not include the freeing of castings from scale formed during annealing or heat treatment; (e) "sandblasting" means the process of projecting sand by means of compressed air or steam or by a wheel; (f) "silica dust" means dust of respirable particle size and com- posed substantially of uncombined silica (Silicon Dioxide S iO2); Silica regulation

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 81 (g) "silica flour" means the ground material produced by the milling of siliceous rocks or other siliceous substances, in- cluding diatomite (Kieselguhr, diatomaceous earth); (h) "uncombined silica" means silica which is not combined chemically with another element or compound; and (i) "use of a parting material" means the application of a mate- rial to a surface of a pattern or of a mould to facilitate the separation of the pattern from a mould or the separation of parts of the mould.

(2) The provisions of this

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

a) sandblasting; (

b) the cleaning of castings; (

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

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

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

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

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

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

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 82 (

a) total or partial enclosure of the process; (

b) efficient local exhaust ventilation; (

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

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

(4) An employer shall ensure that (

a) enclosure apparatus and exhaust ventilation equipment used or likely to be used to contain silica dust is maintained and is inspected at least once in ever y 7 days and is certified by a competent person at least once in every calendar year; and (

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

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

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

a) approved respiratory protective equipment; and (

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

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

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 83

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

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

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

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

(12) An employer shall ensure that (

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

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

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

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

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

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

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 84

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

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

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

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

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

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

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

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

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 85

(18) An employer shall ensure that silica flour (

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

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

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

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

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

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

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

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

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

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

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

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 86

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

a) an occupational history; (

b) a respiratory questionnaire; (

c) a pulmonary/lung function test; (

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

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

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

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

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

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

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

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

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

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

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 87

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

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

(1) When work or manufacturi ng processes cause or are likely to cause workers to be exposed to asbestos, or dusts containing asbes- tos, means shall be provided to co ntrol asbestos dust from exceeding the threshold limit value established by the ACGIH or lower where practically attainable.

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

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

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

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

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

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

(2) The exposure control plan shall include (

a) a statement of purpose and the responsibilities of individu- als; Asbestos Lead exposure control plan

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 88 (

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

c) worker education and training; (

d) safe work practices as required; (

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

f) processes of health monitoring, including biological testing; (

g) methods of documentation and record keeping; and (

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

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

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

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

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

(1) For the purpose of this

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

(2) An employer shall Musculoskeletal injury prevention

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 89 (

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

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

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

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

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

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

d) providing personal protectiv e equipment in accordance with

Part VII.

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

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

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

b) trained in the use of specific control measures, including, where applicable, work proced ures, mechanical aids and personal protective equipment. MSI: risk control MSI: education and training

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 90 53. An employer shall (

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

b) where the monitoring referred to in paragraph (

a) identifies a risk of musculoskeletal injury that is not or has not been eliminated or reduced, implement additional control meas- ures, where reasonably practicable. 54.

(1) An employer shall consult with the occupational health and safety committee, the worker health and safety representative or the workplace health and safety designate, as applicable.

(2) An employer shall, when performing a risk assessment, con- sult with (

a) workers with signs or symptoms of musculoskeletal injury; and (

b) a representative sample of the workers who are required to carry out the work being assessed. 55.

(1) Where a worker in the course of his or her work has a rea- sonable opportunity to sit without detriment to his or her work, an em- ployer shall provide and maintain suitable seating for the worker's use to enable him or her to take advantage of that opportunity.

(2) Where a substantial proportion of work can be done while seated, an employer shall provide and maintain for a worker a seat suitably designed, constructed, dimensioned and supported for the worker to do the work, including, where necessary, a footrest that can readily and comfortably support the feet.

(3) Where a worker is required to stand for long periods in the course of his or her work, an employer or contractor shall provide an antifatigue mat, footrest or other suitable device to provide relief. 56.

(1) An employer or contractor shall ensure, where reasonably practicable, that suitable equipment is provided and used for the han- dling of heavy or awkward loads. MSI: evaluation MSI: consultation Seating or standing work Lifting and handling

Occupational Health and Safety Regulations, 2012 5/12 The Newfoundland and Labrador Gazette January 20, 2012 91

(2) Where use of equipment is not reasonably practicable, an employer or contractor shall take all practicable means to adapt heavy or awkward loads to facilitate lifting, holding or transporting by work- ers, or to otherwise minimize the manual handling required. 57.

(1) The amount of a hazardous substance in a work area shall not exceed the quantity reasonably ne eded for work in progress, nor- mally in one work shift.

(2) Bulk or reserve quantities of a hazardous substance shall be stored in a designated area separate from the work area. 58. Substances which are incompatible shall not be stored in a man- ner that would allow them to mix in the event of container leakage, breakage or other similar circumstance. 59.

(1) A hazardous substance shall be stored in a designated area, in a manner which ensures that it can not readily fall, become dis- lodged, suffer damage, or be exposed to conditions of extreme tempera- ture.

(2) A designated

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2012-01-20
Type	gazette
Volume / chapter	printer gazette weekly issues 2012 nlg120120
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	7a8b614e36ab2c3854004f1e5b503ed4b443c213

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