This is an official version.

Copyright 2025: King's Printer,

St. John's, Newfoundland and Labrador, Canada

Important Information

(Includes details about the availability of printed and electronic versions of the Statutes.)

Table of Regulations

Main Site

How current is this regulation?

NEWFOUNDLAND AND LABRADOR

REGULATION 79/21

Offshore Area Occupational Health and Safety Regulations

under the

Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act

(O.C. 2021-336)

Amended:

2025 c4 s255

NEWFOUNDLAND AND LABRADOR

REGULATION 79/21

Offshore Area Occupational Health and Safety Regulations

under the

Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act

(O.C. 2021-336)

(Filed December 22, 2021)

Under the authority of

section 201.120 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act,

the Lieutenant-Governor in Council makes the following regulations.

Dated at St. Johns, December 22, 2021.

Krista Quinlan

Clerk of the Executive Council

REGULATIONS

Analysis

Short title

PART I

GENERAL

Interpretation

Inconsistency or conflict

PART II

OCCUPATIONAL HEALTH AND SAFETY MANAGEMENT AND OVERSIGHT

Occupational health and safety policy

Occupational health and safety management system

Occupational health and safety program and audit

Workplace committee

Record keeping

Posting of documents

PART III

REPORTING AND INVESTIGATION

Report to supervisor or employer

Report to employer with control

Employer obligations

Notification of chief safety officer

Investigation

PART IV

TRAINING GENERAL

Provision of general training

Competent person

Records

PART V

EMERGENCY RESPONSE AND PREPAREDNESS

Emergency response plan

Posting of information

Instruction and training

Means of evacuation

Emergency equipment

Emergency alert system

Emergency power source

Emergency descent control

Fire and explosion

Firefighting equipment

Fire team equipment

Falls into ocean

Emergency drills and exercises

PART VI

FIRST AID AND MEDICAL CARE

Operator's obligations

Employer obligations

Medics

First aiders

Treatment records

PART VII

EMPLOYEE WELL-BEING

Occupational health and safety program

Impairment

Fatigue training

Rest periods

Thermal stress

Musculoskeletal injury

Workplace violence and harassment

Disruptive behaviour

PART VIII

PERSONAL PROTECTIVE EQUIPMENT

Employee obligations

Requirements

Prescribed equipment

Respiratory protective equipment

Personal gas monitoring device

Records

PART IX

PASSENGERS IN TRANSIT

Transit by helicopter

Transit by vessel

Safe entry and exit

PART X

WORK PERMITS

Contents

Occupational health and safety program

Employer obligations

PART XI

FACILITIES

Application

Accommodations area

Washrooms

Portable toilet units

Handwashing facilities

Showers

Changing facilities

Sleeping quarters

Dining area

Smoking areas

PART XII

SANITATION AND HOUSEKEEPING

Waste material

Pests

Cleanliness and orderliness

Storage

PART XIII

FOOD AND POTABLE WATER

Food safety

Potable water

PART XIV

LIGHTING

Non-application

Minimum levels

Emergency lighting

Handling, storage and disposal

PART XV

SOUND LEVELS

Unimpeded communication

Noise

PART XVI

VENTILATION

Air quality

Ventilation system

Internal combustion engine

PART XVII

STRUCTURAL SAFETY

Movement within workplace

Doors

Guard-rails

Wall and floor openings and open edges

Open-top enclosures

Structural openings

PART XVIII

EQUIPMENT, MACHINES AND DEVICES

Requirements

Removal from service

Hair, clothing and accessories

Pedestrian passage

Standards

Fuelling

PART XIX

ELEVATORS AND PERSONNEL LIFTS

Standards

Elevator documentation

PART XX

LADDERS, STAIRS AND RAMPS

Application

Ship's ladder

Requirement to install

Stairs, ramps and fixed ladders

Temporary stairs

Ramps

Fixed ladders

Portable ladders

PART XXI

SCAFFOLDING AND PLATFORMS

Definition

Use - general

Prevention of contact

Scaffolds

Elevating work platforms

PART XXII

FALL PROTECTION AND ROPE ACCESS

Risk of falling

Means of protection

Rope access

Work permit

Instruction and training

PART XXIII

FALLING OBJECTS

Risk of injury

PART XXIV

MATERIALS HANDLING

Definitions

Lifting risks

Work permit

Prohibitions

Hazardous conditions

Manual handling

Rated capacity

Materials handling equipment

Cranes and hoists

Wire rope clips

Mobile equipment

Additional standards

Personnel transfer

Signalling

Inspection

Instruction and training

PART XXV

CONFINED SPACES

Evaluation

Occupational health and safety program

Work permit

Entry and occupation requirements

Atmosphere

Attendants

Instruction and training

Completion of work

PART XXVI

HOT WORK

Risks

Work permit

Requirements

PART XXVII

HAZARDOUS ENERGY

Definitions

Occupational health and safety program

Work permit

Employer obligations

Approach boundaries

PART XXVIII

COMPRESSED GAS

Hose lines

Compressed gas cylinders

Portable compressed gas cylinders

PART XXIX

ABRASIVE BLASTING AND HIGH-PRESSURE WASHING

Employer obligations

PART XXX

EXPLOSIVES

Definition

Occupational health and safety program

Work permit

Employer obligations

PART XXXI

HAZARDOUS SUBSTANCES

Definitions

Occupational health and safety program

Investigation and assessment

Employer obligations

Identification

Hazardous products - labelling

Hazardous products - safety data sheets

Exemption from requirement to disclose

Instruction and training

Provision of information in emergency

PART XXXII

DIVING

Definitions

Occupational health and safety program

Prohibitions

Instruction

Dive safety specialists

Emergency response plan

Emergency drills and exercises

Dive project plan

Dive contractor obligations

Dive record

PART XXXIII

CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT

NLR 18/97 Amdt.

NLR 102/14 Rep.

Commencement

SCHEDULE A

SCHEDULE B

Short title

These regulations may be cited as the Offshore Area Occupational Health and Safety Regulations .

79/21 s1

PART I

GENERAL

Back to Top

Interpretation

(1)In these regulations

(a)

"accommodation area" means the area of a marine installation or structure that contains the sleeping quarters, dining areas, food preparation areas, general recreation areas, office areas and medical rooms and includes all washrooms in that area;

(b)

"Act" means the

Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act ;

(c)

"advanced first aid certificate" means

a certificate evidencing the holder's successful completion of a training program whose curriculum conforms to the curriculum for advanced first aid set out in CSA Group standard Z1210," First aid training for the workplaceCurriculum and quality management for training agencies" , or, in the case of marine crew on a vessel, whose curriculum conforms to

Chapter 4 of the federal Department of Transport publication TP 13008, "

Training Standards for Marine First Aid and Marine Medical Care";

(d)

"ANSI" means

the American National Standards Institute ;

(e)

"ASME" means the American Society of Mechanical Engineers;

(f)

"biological exposure index" means the biological exposure index established for a substance or agent by the American Conference of Governmental Industrial Hygienists in its publication "TLVs and BEIs: Based on the Documentation of the Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices";

(g)

"competent person" means a person who, in respect of a task,

(

i) has the knowledge, training and experience necessary to do the task in a manner that protects the health and safety of all persons at the workplace, and

(ii)

has knowledge of the provisions of the Act, these regulations and the occupational health and safety program that apply to the task and of the potential or actual danger that the task poses to the health or safety of persons;

(h)

"confined space" means an enclosed or partially enclosed space that

(

i) is not designed or intended for human occupancy except on a temporary basis for the purpose of performing a specific task,

(ii)

is or may become hazardous to a person in it, including by reason of its design, construction, location or atmosphere or the materials or substances it contains, without regard to any protection that may be afforded to the person through the use of personal protective equipment or additional ventilation, and

(iii)

has restricted means of access and egress, or an internal configuration, that could make first aid, evacuation, rescue or other emergency response services difficult to provide;

(i)

"de-energized" means, in respect of any equipment, machine, device or system, or any component of one of those things, that it is disconnected from all energy sources and void of any residual or stored energy;

(j)

"dive project" means any work or activity for which an authorization to dive has been issued;

(k)

"electrical equipment" means equipment that uses electricity or that is used for the generation or distribution of electricity;

(l)

"energized" means, in respect of an electrical conductor, a circuit part or electrical equipment, that it is a source of voltage or is electrically connected to a source of voltage;

(m)

"energy" includes electrical, mechanical, hydraulic, pneumatic, chemical, radiant, thermal and gravitational energy;

(n)

"energy-isolating device" means a device that physically prevents the transmission or release of energy or a substance that is a source of energy, including

(

i) a manually operated electrical circuit breaker,

(ii)

a disconnect switch,

(iii)

a manually operated switch by means of which the conductors of a circuit can be disconnected from all ungrounded supply conductors,

(iv)

a valve, or

(

v) a blind, blank or blocking seal;

(o)

"environmental conditions" means meteorological, oceanographical and other natural conditions, including ice conditions, that may affect operations at a workplace;

(p)

"first aider" means a person who holds a valid standard first aid certificate or advanced first aid certificate or who meets the requirements referred to in subsection 33(1) but is not a medic;

(q)

"hazard information" means, in respect of a hazardous substance, information respecting the health and physical hazards posed by the substance and respecting its proper and safe storage, handling, use and disposal;

(r)

"hazardous product" has the same meaning as in

section 2 of the Hazardous Products Act

(Canada);

(s)

"high-pressure washing" means the use of water or another liquid delivered from a pump at a pressure exceeding 10 megapascals, with or without the addition of solid particles, to remove unwanted matter from a surface;

(t)

"hot work" means any work or activity, other than the use of explosives, that involves the use of or is likely to produce fire, sparks or another source of ignition;

(u)

"IMO Resolution MSC.81(70)" means the annex to International Maritime Organization Resolution MSC.81(70), "Revised Recommendation on Testing of Life-Saving Appliances";

(v)

"lockout" means the securing, in accordance with the procedures referred to in paragraph 142(b), of a lockout device on an energy-isolating device that is being used to isolate the energy source of a piece of equipment, machine, device or system;

(w)

"lockout device" means a device that prevents the manipulation or removal of an energy-isolating device;

(x)

"LSA Code" means the annex to International Maritime Organization Resolution MSC.48(66)," International Life-Saving Appliance (LSA) Code";

(y)

"materials handling equipment" means equipment, other than an elevator or personnel lift, that is used to transport, lift, move or position things or persons and includes gear and devices used in conjunction with other equipment in carrying out those functions;

(z)

"medic" means a person designated under subsection 33(1);

(aa)

"mobile equipment" means wheeled or tracked materials handling equipment that is engine-powered or motor-powered, together with any attached or towed equipment;

(bb)

"occupational health and safety program" means the occupational health and safety program referred to in

section 201.17 of the Act;

(cc)

"piping system" means an assembly of pipes, pipe fittings, valves or other control or safety devices, pumps, compressors and other fixed equipment;

(dd)

"professional engineer" means a competent person who is registered or licensed to engage in the practice of engineering under the laws of the province in which they practise ;

(ee)

"rated capacity" means the maximum load that equipment can handle or support safely, including, where applicable, in a given operational position or configuration, without regard to environmental conditions;

(ff)

"safety data sheet" has the same meaning as in

section 2 of the Hazardous Products Act

(Canada);

(gg)

"specialized dive physician" means a physician who is licensed to practise

medicine in Canada and

(

i) meets the competencies of a Level 3 Physician set out in CSA Group standard Z275.4," Competency standard for diving, hyperbaric chamber, and remotely operated vehicle operations", or

(ii)

possesses a diploma in hyperbaric medicine with a focus on diving medicine from the Royal College of Physicians and Surgeons of Canada and has completed training in saturation diving medicine that is recognized by that College;

(hh)

"standard first aid certificate" means a certificate evidencing the holder's successful completion of a training program whose curriculum conforms to the curriculum for intermediate first aid set out in CSA Group standard Z1210," First aid training for the workplace - Curriculum and quality management for training agencies"

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

Chapter 3 of the federal Department of Transport publication TP 13008," Training Standards for Marine First Aid and Marine Medical Care";

(ii)

"threshold limit value" means the threshold limit value established for a substance or agent by the American Conference of Governmental Industrial Hygienists in its publication" TLVs and BEIs: Based on the Documentation of the Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices";

(jj)

"work area" means the specific area in which an employee carries out their tasks; and

(kk)

"work permit" means a permit referred to in

section 53.

(2) Part III.1 of the Act

(a)

"diving operation" means any work or activity related to a dive, including any work or activity involving a diver or carried out by a person assisting a diver, that takes place from the start of pressurization or descent to the end of depressurization or ascent;

(b)

"incident" means an event that resulted in any of the following occurrences or in which any of the following occurrences was narrowly avoided:

(

i) death,

(ii)

serious injury

within the meaning of subsection201.14(5) of the Act,

(iii)

missing person,

(iv)

fire or explosion,

(

v) collision,

(vi)

exposure to a hazardous substance in excess of the threshold limit value or biological exposure index for that substance,

(vii)

impairment of any structure, facility, equipment or system critical to the safety of persons, or

(viii)

implementation of emergency response procedures.

(3) In these regulations, any incorporation by reference of a document is an incorporation by reference of that document as amended from time to time.

(4) Notwithstanding subsection (3), if a document that is incorporated by reference is available in both official languages, any amendment to it is incorporated only when the amended version is available in both official languages.

79/21 s2 ; 2025 c4 s255

Back to Top

Inconsistency or conflict

(1)In the event of an inconsistency or conflict among provisions of these regulations, including those that incorporate documents by reference, the provision that imposes the most stringent requirement applies.

(2) In the event of an inconsistency between an obligation imposed by these regulations and an obligation in respect of occupational health and safety that is imposed by the Offshore Petroleum Installations Newfoundland and Labrador Regulations

or the Offshore Petroleum Drilling and Production Newfoundland and Labrador Regulations, 2009 , these regulations prevail, regardless of whether the obligations are imposed on the same person.

79/21 s3

PART II

OCCUPATIONAL HEALTH AND SAFETY MANAGEMENT AND OVERSIGHT

Back to Top

Occupational health and safety policy

The occupational health and safety policy referred to in section201.8 of the Act shall contain

(

a) the commitment of the operator to cooperate with any committee or coordinator, as the case may be, with regard to health and safety; and

(

b) an overview of the duties of all persons under

Part III.1 of the Act.

79/21 s4

Back to Top

Occupational health and safety management system

(1)The occupational health and safety management system referred to in section201.12 of the Act shall set out procedures for

(

a) setting goals for the improvement of workplace health and safety, identifying specific targets against which the attainment of those goals is to be measured and reviewing those goals and targets at least annually;

(

b) ensuring that employees are

(

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

(ii)

kept aware of activities and occurrences that may have an impact on their health or safety at the workplace, and

(iii)

supervised to ensure that they perform their duties safely;

(

c) ensuring that the most recent versions of all documents associated with the system are readily available to all persons at the workplace;

(

d) collecting, managing and analyzing data with respect to occupational health and safety, including hazards, occupational disease, accidents, incidents and other hazardous occurrences, and identifying trends in that data; and

(

e) keeping training and competency records in respect of employees, including workplace committee members.

(2) The audit referred to in paragraph201.12(2)(

g) of the Act shall be carried out at as soon as practicable after each of the following occurrences and, in any event, at least once every 3 years:

(

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

(

b) a health and safety officer provides to the operator a report under subsection201.71(1) of the Act indicating non-compliance with

Part III.1 of the Act; and

(

c) the making by a health and safety officer of an order under section201.89 or 201.90 of the Act in relation to the workplace.

(3) The operator shall implement any improvements identified during the audit referred to in paragraph201.12(2)(

g) of the Act as soon as practicable.

79/21 s5

Back to Top

Occupational health and safety program and audit

(1)An occupational health and safety program shall

(

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

Part III.1 of the Act and all regulations made under that Part;

(

b) set out procedures for ensuring that employees are competent persons in respect of all tasks to be carried out by them and are kept aware of activities and occurrences that may have an impact on their health or safety at the workplace;

(

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

(

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

(

e) set out procedures and schedules that conform to paragraph201.16(1)(

p) of the Act for carrying out inspections for the purpose of hazard identification;

(

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

(

i) measures that involve the elimination of hazards,

(ii)

measures that involve the selection of less hazardous means of carrying out work and activities,

(iii)

measures that involve the use of engineering controls to reduce the risks posed by hazards,

(iv)

measures that involve the use of administrative controls to reduce the risks posed by hazards, and

(

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

(

g) identify the persons responsible for implementing hazard control measures, including after an occupational disease, accident, incident or other hazardous occurrence;

(

h) set out procedures for

(

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

(ii)

the reporting, by the employer to a committee or to the coordinator, of hazards, occupational diseases, accidents, incidents, other hazardous occurrences and failures to comply with the provisions of

Part III.1 of the Act, the regulations made under that Part or the occupational health and safety requirements of any authorization issued in relation to the workplace;

(

i) set out procedures for the prompt investigation of occupational diseases, accidents, incidents and other hazardous occurrences to determine their root cause and identify any actions that are necessary to prevent their reoccurrence; and

(

j) set out procedures for implementing corrective and preventive measures following an occupational disease, accident, incident or other hazardous occurrence and verifying the effectiveness of those measures.

(2) The audit referred to in paragraph201.17(2)(

h) of the Act shall be carried out at as soon as practicable after each of the following occurrences and, in any event, at least once every 3 years:

(

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

(

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

(

c) a health and safety officer provides to the employer a report under subsection201.71(2) of the Act indicating non-compliance with

Part III.1 of the Act; and

(

d) the making by a health and safety officer of an order under section201.89 or 201.90 of the Act in relation to the workplace.

(3) The employer shall implement any improvements identified during the audit referred to in paragraph201.17(2)(

h) of the Act as soon as practicable.

79/21 s6

Back to Top

Workplace committee

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

(

a) the quorum required for committee meetings;

(

b) the manner in which the committee will address complaints or concerns of employees, work refusals, occupational diseases, accidents, incidents and other hazardous occurrences that are reported to it;

(

c) a rule whereby a complaint or concern raised with any committee member is to be considered a complaint or concern raised with the committee as a whole; and

(

d) the time and manner in which complaints and concerns are to be responded to and recommendations made under paragraph201.40(5)(

d) of the Act.

(2) A workplace committee shall, for the purpose of paragraph201.40(4)(

d) of the Act, provide a copy of the minutes of its committee meetings to any employee on request.

79/21 s7

Back to Top

Record keeping

79/21 s8

Back to Top

Posting of documents

(1)The period for which an operator or employer, as the case may be, shall ensure that a document is posted under paragraph201.94(4)(

a) of the Act is at least 45days.

(2) Where a decision or order is appealed under subsection201.97(1) of the Act, the operator or employer, as the case may be, shall ensure that all related documents referred to in paragraphs201.94(1)(

a) to (

d) of the Act remain posted until the 45 th

day after the day on which the decision or order is revoked, confirmed or varied under subsection201.97(6) of the Act.

79/21 s9

PART III

REPORTING AND INVESTIGATION

Back to Top

Report to supervisor or employer

An employee who becomes aware of an occupational disease or an accident, incident or other hazardous occurrence at the workplace shall, without delay, report it to their supervisor or their employer, orally or in writing.

79/21 s10

Back to Top

Report to employer with control

A supervisor to whom or employer to which, where that employer does not have control over the workplace, an occupational disease, accident, incident or other hazardous occurrence is reported under

section 10 shall, without delay, report it to the employer with control over the workplace, orally or in writing.

79/21 s11

Back to Top

Employer obligations

An employer that becomes aware of an occupational disease or an accident, incident or other hazardous occurrence at a workplace under its control shall, without delay,

(

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

(

b) provide to the operator, in writing, a brief description of the occupational disease, accident, incident or other hazardous occurrence, including the name of any affected persons and, where applicable, the date on which and the time and location at which it occurred.

79/21 s12

Back to Top

Notification of chief safety officer

An operator that is required under subsection201.14(1) of the Act to notify the chief safety officer of an occupational disease, accident, incident or other hazardous occurrence shall do so in writing.

79/21 s13

Back to Top

Investigation

(1)An operator that is required, under subsection201.14(2) of the Act, to investigate an occupational disease, accident, incident or other hazardous occurrence shall obtain, within 14 days after the day on which it becomes known to the operator, a report, prepared by a competent person and accompanied by supporting documentation, that sets out, in respect of the disease, accident, incident or other occurrence and to a level of detail that is proportional to its actual or potential severity,

(

a) in the case of an accident, incident or other hazardous occurrence, the date on which and the time and location at which it occurred;

(

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

(

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

(

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

(

e) its causal factors and root causes;

(

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

(

g) corrective and preventive measures that could be taken to prevent a similar situation from reoccurring.

(2) The operator shall submit a copy of the report and supporting documentation without delay to

(

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

(

b) the chief safety officer.

(3) Where the operator becomes aware of new information that may result in a material change to the report, the operator shall obtain an updated report and supporting documentation and submit a copy without delay to the persons referred to in paragraphs (2)(

a) and (b).

(4) For the purpose of subsection201.14(2) of the Act,

(

a) the records that an operator shall keep include all reports obtained under subsection (1) or (3) and their supporting documentation; and

(

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

(i)

40years from the day on which it is made, where it relates to an occupational disease or exposure or potential exposure to a hazardous substance in excess of the threshold limit value or biological exposure index for that substance,

(ii)

10years from the day on which it is made, where it relates to an incident other than the exposure or potential exposure referred to in subparagraph (i), or

(iii)

5 years from the day on which it is made, where it relates to any other accident or hazardous occurrence.

79/21 s14

PART IV

TRAINING GENERAL

Back to Top

Provision of general training

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

(

a) before the employee is first transported to a workplace and then as necessary to ensure the training remains valid for the duration of the employee's employment at the workplace,

(

i) an offshore survival training program appropriate to the workplace location and to the means of transportation to be used to transport the employee to and from the workplace,

(ii)

training on the legislation applicable to occupational health and safety, including the rights of employees and the duties of operators, employers, supervisors and employees, and

(iii)

training on hydrogen sulfide safety, where hydrogen sulfide may be present at the workplace; and

(

b) without delay on the employee's arrival at a workplace at which they have not been present in the previous 6 months and before they perform any work there,

(

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

(ii)

training in respect of any emergency duties that may be assigned to them at the workplace, and

(iii)

where the workplace is a marine installation or structure that is equipped with lifeboats, practice in boarding a lifeboat and securing themselves on a seat.

79/21 s15

Back to Top

Competent person

An employer shall ensure that all instruction and training that it is required to provide under the Act is developed by and, where applicable, delivered by a competent person.

79/21 s16

Back to Top

Records

An employer shall retain records of all instruction and training provided under the Act for

(

a) at least 5 years after the day on which the person to whom the instruction or training is provided ceases to be employed at any of the employer's workplaces; or

(

b) where the person to whom the instruction or training is provided is not an employee of the employer, at least 5 years after the instruction or training is provided.

79/21 s17

PART V

EMERGENCY RESPONSE AND PREPAREDNESS

Back to Top

Emergency response plan

(1)An employer shall, for every workplace under its control that is a marine installation or structure and having regard to the risk assessment carried out by it for the purpose of the occupational health and safety program, develop, implement and maintain a written emergency response plan in preparation for any reasonably foreseeable emergency that might compromise the health and safety of persons at that workplace or at any other workplace under its control that is a workboat or dive site associated with the marine installation or structure.

(2) The emergency response plan shall

(

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

(

b) indicate the minimum number of persons needed at the workplace to be able to maintain safe operations in the event of an emergency;

(

c) set out procedures for ensuring that the personnel on board list, which sets out the total number of persons at the workplace each day and the name, position, employer and, where applicable, cabin number of each, is kept up to date;

(

d) set out the name and contact information of the operator, where the operator is not the employer with control over the workplace;

(

e) provide for the establishment of emergency response teams;

(

f) set out the name, position and contact information, including the usual location, of each person responsible for overseeing the emergency response teams and the implementation of emergency response procedures, as well as the name, position and contact information of those persons' delegates;

(

g) set out the duties of employees, including members of the emergency response teams, and the procedures to be followed by all persons during an emergency;

(

h) indicate the muster station or other location where each employee is required to report during an emergency;

(

i) identify the system to be used for counting employees at each muster station and determining which employees, if any, are missing;

(

j) include a description of all emergency alarm signals that may be used, including how the order to abandon is to be given;

(

k) set out contact information for obtaining a means of transportation to be used to evacuate the workplace;

(

l) identify and set out contact information for all emergency response entities, and other entities operating nearby, that could render assistance in the event of an emergency;

(

m) include verified drawings of the layout of the workplace that clearly identify the person who verified them, indicate the scale of the drawings and show

(

i) the location of all exits, fire escapes, stairways, elevators, corridors and other exit routes,

(ii)

the location of all muster stations, temporary refuge areas, evacuation stations and other locations where lifeboats and life rafts are stored,

(iii)

the location, quantity and type of all equipment that may be used or worn in implementing emergency response procedures,

(iv)

the location of manual emergency shutdown and activation devices for all safety critical systems,

(

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

(vi)

the location of all first aid stations, medical rooms and casualty clearing areas, and

(vii)

the location of all designated hazardous substance storage areas; and

(

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

(3) The employer shall ensure that a copy of the emergency response plan is made readily available to all employees at the workplace.

(4) Where an employer has employees at a workplace not under its control, it shall ensure that those employees comply with

(

a) the duties and procedures set out in the emergency response plan developed by the employer with control over the workplace; or

(

b) emergency duties and procedures that the employer has ensured are aligned with those referred to in paragraph (a).

79/21 s18

Back to Top

Posting of information

An employer shall ensure that the following items are posted in the specified locations, separately from the emergency response plan, at each workplace under its control that is a marine installation or structure:

(

a) a station bill containing the information referred to in subsection7(1) of the Fire and Boat Drills Regulations

(Canada) as well as a description of any additional alarm signals, the membership of all emergency response teams and the location of all evacuation stations

(

i) in conspicuous places on every deck, and

(ii)

on the bridge, where the workplace is a vessel, or at the location where the installation manager referred to in section189.2 of the Act is expected to be during an emergency, where the workplace is not a vessel;

(

b) the personnel on board list referred to in paragraph18(2)(c), at the applicable location referred to in subparagraph (a)(ii); and

(

c) a drawing identifying all emergency escape routes from the location at which it is posted

(

i) at conspicuous locations around the workplace, and

(ii)

in every person's sleeping quarters.

79/21 s19

Back to Top

Instruction and training

The instruction and training that an employer shall provide to each of its employees includes

(

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

(

b) instruction on the location of any emergency and fire protection equipment that the employee may be reasonably expected to use and training in the use of that equipment.

79/21 s20

Back to Top

Means of evacuation

An employer shall ensure, with respect to each workplace under its control that is a marine installation or structure, that

(

a) all muster stations, escape routes, exits, stairways and any other means of evacuation are maintained in serviceable condition and, to the extent feasible, are accessible and ready for use at all times;

(

b) all exits to the exterior, muster stations and evacuation stations are clearly identified by illuminated signs or otherwise clearly visible in all conditions; and

(

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

79/21 s21

Back to Top

Emergency equipment

(1)An employer shall ensure that the location of all equipment to be used or worn in implementing emergency response procedures at each workplace under its control is clearly identified with light-reflecting or illuminated signs.

(2) An employer shall provide, in all sleeping quarters at a workplace under its control, a readily available grab bag for each person assigned to the sleeping quarters containing a smoke hood, heat-resistant gloves and a portable light source to enable the person to reach muster stations, temporary refuge areas and evacuation stations in conditions of fire, intense heat or smoke.

(3) An employer shall ensure that the emergency escape breathing devices or respirators that it provides in accordance with paragraph46(

a) are provided in appropriate quantities and at appropriate locations at the workplace to facilitate escape, having regard to

(

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

(

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

(

c) the configuration of the workplace and the potential for a person's ability to move within it to be impeded by hazards arising from the situation that requires escape or from the escape itself.

(4) An employer shall ensure that the immersion suits that it provides in accordance with paragraph46(

b) are provided in appropriate quantities and sizes and at appropriate locations at the workplace to facilitate abandonment, having regard to

(

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

(

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

(

c) those persons' sizes; and

(

d) the configuration of the workplace and the potential for a person's ability to move within it to be impeded by hazards arising from the situation that requires abandonment or from the abandonment itself.

(5) Notwithstanding subsection (4), the employer shall provide the following minimum number of immersion suits:

(

a) in the case of a workplace that is a marine installation or structure used for drilling or production or as a living accommodation,

(

i) where it is normally attended, 2 immersion suits for each person at the workplace, including one in the person's sleeping quarters, and

(ii)

where it is normally unattended, one immersion suit for each person at the workplace;

(

b) in the case of a workplace that is a marine installation or structure used for construction, diving or geotechnical or seismic work, one immersion suit for each person at the workplace, plus 2 additional suits in each of the bridge and the engine control room; and

(

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

79/21 s22

Back to Top

Emergency alert system

An employer shall ensure that each workplace under its control that is a marine installation or structure is equipped with a public address and alarm system that is audible or visible, as the case may be, in all areas of the workplace where a person may be present and is to be used to warn persons where

(

a) the workplace has to be evacuated;

(

b) a fire is detected;

(

c) there is a malfunction of a mechanical ventilation system provided for an area where toxic or combustible gases may accumulate to hazardous levels;

(

d) there is a person overboard; or

(

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

79/21 s23

Back to Top

Emergency power source

An employer shall ensure that each workplace under its control that is a marine installation or structure is equipped with an emergency power source that is sufficient to operate the following to the degree necessary to allow for safe occupancy of or egress from the workplace in the case of a failure of the main power system:

(

a) the public address and alarm system;

(

b) the emergency lighting system;

(

c) internal and external communications systems; and

(

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

79/21 s24

Back to Top

Emergency descent control

(1)An employer shall provide, on each derrick or other elevated part of a workplace under its control that is a marine installation or structure, where there is only one usual means of escape from that location, a device that would allow a person to descend from the location by another means at a controlled speed in an emergency.

(2) The device shall be capable of being operated notwithstanding the loss of the main source of power.

(3) The employer shall ensure that written instructions for operating the device are kept in a conspicuous place near the location where the device is stored.

79/21 s25

Back to Top

Fire and explosion

(1)Fire and explosion are prescribed risks for the purpose of paragraph201.17(2)(

a) of the Act and an employer shall ensure that each workplace under its control is designed, constructed, arranged and maintained to minimize those risks.

(2) The occupational health and safety program in respect of a workplace that is a marine installation or structure shall identify

(

a) all areas at the workplace, as classified according to a comprehensive and documented classification system, in which flammable, explosive or combustible substances are or are likely to be present in sufficient quantities and for sufficient periods of time to require special precautions to be taken in the selection, installation or use of machinery and electrical equipment to prevent a fire or explosion; and

(

b) the precautions applicable to those areas.

(3) The employer with control over the workplace shall ensure that signs are posted in conspicuous places at each of the areas referred to in subsection (2), identifying them as areas in which there is a risk of fire or explosion.

(4) The employer shall ensure that a person does not use an open flame or other source of ignition in an area referred to in subsection (2) unless they are carrying out hot work in accordance with PartXXVI.

(5) An employer shall ensure that any temporary or portable heating equipment that is used at a workplace under its control is located, protected and used in a manner that prevents the equipment from being overturned or damaged and any combustible materials in the vicinity from igniting.

79/21 s26

Back to Top

Firefighting equipment

An employer shall equip each workplace under its control with the firefighting equipment that is appropriate for that type of workplace and all classes of fire that may occur there.

79/21 s27

Back to Top

Fire team equipment

(1)The personal protective equipment that an employer with control over a workplace that is a marine installation or structure shall provide to each of its employees, and any other individual at the workplace, who is tasked with fighting fires includes

(

a) a self-contained breathing apparatus with 2 full spare cylinders that

(

i) is selected and maintained in accordance with CSA Group standard Z94.4," Selection, use, and care of respirators" ,

(ii)

conforms to the design and performance requirements in National Fire Protection Association Standard NFPA 1981," Standard on Open-Circuit Self-Contained Breathing Apparatus (SCBA) for Emergency Services" , and

(iii)

is equipped with a personal distress alarm device;

(

b) life safety ropes, belts and harnesses that conform to the design and performance requirements in National Fire Protection Association Standard NFPA1983," Standard on Life Safety Rope and Equipment for Emergency Services" , with the provisions of that standard pertaining to flame resistance being read as mandatory; and

(

c) personal protective clothing, including boots, gloves, helmet and visor, coat and trousers, that conforms to the design and performance requirements in National Fire Protection Association Standard NFPA1971," Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting" .

(2) The employer shall also provide,

(

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

(

i) a portable electric safety lamp that can be easily attached to the employee's clothing and will operate safely in anticipated conditions for at least 3 hours, and

(ii)

an axe with an insulated handle and carrying belt; and

(

b) to the fire team as a whole, at least 2 two-way portable radiotelephone apparatus that are designed not to produce any spark or other source of ignition.

(3) Notwithstanding subsection (1) and paragraph (2)(a), where a workplace is a ship used for construction or diving or for geotechnical or seismic work, the employer may instead provide fire-fighter's outfits that conform to the International Maritime Organization's" International Code for Fire Safety Systems" .

(4) The number of sets of equipment referred to in subsections (1) and (2) or fire-fighter's outfits referred to in subsection (3), as the case may be, that the employer shall provide at the workplace, and their sizing, where applicable, is to be determined having regard to the risk assessment carried out by the employer for the purpose of the occupational health and safety program.

(5) Notwithstanding subsection (4), the number of sets of equipment or outfits, as the case may be, that the employer shall provide is at least

(a)

4, where the workplace is a ship used for construction or diving or for geotechnical or seismic work; or

(b)

10, in any other case.

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

section is kept ready for use and stored in a place that is easily accessible, with at least 2 sets of equipment or 2 outfits, as the case may be, being easily accessible from the helicopter deck, if any, of the marine installation or structure.

79/21 s28

Back to Top

Falls into ocean

The risk of a person at a workplace falling into the ocean is a prescribed risk for the purpose of paragraph201.17(2)(

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

(

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

(

b) ensure that a competent person is readily available at all times to operate the life-saving appliances; and

(

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

Chapter V of the LSA Code is provided, or available from a standby vessel that is no more than 500 metres

away, and held in readiness.

79/21 s29

Back to Top

Emergency drills and exercises

(1)An employer shall establish, for each workplace under its control that is a marine installation or structure and having regard to the risk assessment carried out by it for the purpose of the occupational health and safety program, a plan that describes the emergency drills and exercises that shall be conducted at the workplace in relation to various scenarios and sets out the frequency with which they shall be conducted.

(2) Notwithstanding subsection (1), the employer shall ensure that

(

a) a drill to practise

mustering is conducted at least once a week;

(

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

(

c) a drill to practise

escape to the location of lifeboats or life rafts in preparation for abandonment of the workplace is conducted at least once a month;

(

d) where the workplace is equipped with lifeboats,

(

i) each employee participates, at least once every 6 months, in a drill that requires them to board a lifeboat while wearing an immersion suit and to secure themselves on a seat, and

(ii)

where feasible, a lifeboat launching drill is conducted annually to test the integrity and operation of the lifeboats and launching equipment; and

(

e) all drills and exercises are repeated as soon as practicable after any significant change to the emergency plan or to the work or activities carried out at the workplace with respect to which an authorization has been issued.

(3) Where compliance with subparagraph (2)(d)(ii) is not feasible, the employer shall ensure that additional inspections and testing of all components that would otherwise be tested by the launching drill are carried out in consultation with the lifeboat manufacturer and with the prior approval of the chief safety officer.

(4) The employer shall

schedule drills and exercises to ensure the equitable participation of all employees, regardless of their shift or rotation.

(5) The employer shall ensure that any person visiting the workplace who has not participated in the emergency drills or exercises is accompanied throughout the visit by someone who has done so.

(6) The employer shall keep a record of all emergency drills and exercises conducted that contains

(

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

(

b) a description of the drill or exercise scenario;

(

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

(

d) the length of time taken to complete the drill or exercise, including the length of time to achieve a full muster; and

(

e) observations regarding the execution of the drill or exercise and opportunities for improvement.

(7) The employer shall retain the records referred to in subsection (6) for at least 3 years after the day on which the drill or exercise is carried out.

79/21 s30

PART VI

FIRST AID AND MEDICAL CARE

Back to Top

Operator's obligations

An operator shall ensure that

(

a) a physician who has specialized knowledge in the treatment of illnesses and injuries that may arise at the workplace is readily available at all times to provide medical advice, remotely from a location in the province, to any medic or first aider at the workplace and to be transported to the workplace, where necessary, to provide medical care, unless the workplace has a medic who is a physician with that knowledge;

(

b) an emergency medical evacuation service is available at all times for transporting an injured or ill person from the workplace to a hospital onshore using a means of transportation that

(

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

(ii)

is capable of accommodating and securing an occupied stretcher, and

(iii)

has one or more competent persons available on board to provide first aid or medical care to the injured or ill person during transportation; and

(

c) persons at the workplace have a means of quickly summoning the emergency medical evacuation service.

79/21 s31

Back to Top

Employer obligations

(1)An employer with control over a workplace shall

(

a) when assessing the risk of illness or injury at the workplace for the purpose of the occupational health and safety program, consult with a medic, where one is required at the workplace, and take into account

(

i) the location of the workplace and the expected delay in obtaining emergency medical services,

(ii)

the layout of the workplace, and

(iii)

environmental factors, including thermal considerations;

(

b) develop, in consultation with a medic, where one is required at the workplace, and with a specialized dive physician, where a dive project is to be carried out from the workplace, a written medical emergency response plan that addresses all reasonably foreseeable emergencies at the workplace and takes into account the location of the workplace, the time of year at which the work is to be carried out, the expected number of persons at the workplace during normal operations and the workplace's maximum capacity;

(

c) determine, in consultation with a medic, where one is required at the workplace, and with a specialized dive physician, where a dive project is to be carried out from the workplace, the type and quantity of first aid and medical supplies and equipment, medication and facilities needed to respond to all reasonably foreseeable injuries and illnesses at the workplace and ensure that those supplies, that equipment, those medications and those facilities are provided, maintained, replenished and replaced as necessary;

(

d) establish and make readily available to all persons at the workplace written procedures for promptly obtaining first aid or medical care for any injury or illness, including procedures to follow while awaiting that care;

(

e) keep a diagram indicating the location of all first aid kits and medical rooms conspicuously posted at the workplace;

(

f) keep an up-to-date list of telephone numbers for use in emergencies conspicuously posted near every fixed telephone at the workplace;

(

g) keep a list of all medics and first aiders who are present at the workplace, as well as information on how and when they may be contacted and where they may be located, conspicuously posted in every medical room at the workplace;

(

h) keep a list of all medics who are present at the workplace, or, where a medic is not required, of the first aiders who hold the highest level of first aid certificate held by any first aider at the workplace, as well as information on how and when they may be contacted and where they may be located conspicuously posted

(

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

(ii)

at the location where the installation manager referred to in section189.2 of the Act is expected to be during an emergency, where the workplace is not a vessel; and

(

i) ensure that the number of first aiders and medics set out in columns 2 to 4 of the following table that correspond to the number of persons at the workplace set out in column 1 are present at the workplace and readily available to provide prompt and appropriate first aid or medical care to persons at the workplace:

TABLE

Item

Column 1

Number of persons at

the workplace

Column 2

Number of first aiders with standard first aid certificate or higher

Column 3

Number of additional first aiders with advanced first aid certificate or qualifications equivalent to those of a medic

Column 4

Number of medics

6-10

1 plus 1 for every 2 persons in excess of 6

11-30

3 plus 1 for every 2 persons in excess of 10

31-40

13 plus 1 for every 2 persons in excess of 30

More than 40

17 plus 1 for every 2 persons in excess of 40

2 plus 1 for every 10 persons in excess of 40

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

c) shall include first aid kits that

(

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

(

b) contain only the supplies necessary for rendering first aid, which are maintained in a clean, dry and serviceable condition;

(

c) are inspected at least monthly; and

(

d) are clearly identified by conspicuous signs and readily accessible at various locations throughout the workplace.

(3) Where the workplace is a marine installation or structure, the first aid equipment referred to in paragraph (1)(

c) shall include

(

a) at least one automated external defibrillator in a common area accessible to all persons at the workplace; and

(

b) additional automated external defibrillators in the quantities and locations that are necessary, having regard to the risk assessment carried out by the employer for the purpose of the occupational health and safety program.

(4) Where the workplace is a marine installation or structure, the facilities referred to in paragraph (1)(

c) shall include a medical room

(

a) whose location is clearly identified by conspicuous signs;

(

b) that is supervised by a medic or, where a medic is not required at the workplace, a first aider who holds the highest level of first aid certificate held by any first aider at the workplace;

(

c) whose location and design allow patients on stretchers to be easily transported to it from other locations at the workplace and from it to any deck from which patients may be transported from the workplace;

(

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

(

e) that is maintained in an orderly and sanitary condition and in which all surfaces are easily cleaned and disinfected;

(

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

(

g) that contains

(

i) a rectangular treatment table that is accessible from both long sides and at least one short side,

(ii)

a medical lamp with an adjustable arm,

(iii)

a means of securing a stretcher in place when it is occupied by a patient,

(iv)

a handwashing facility supplied with running hot and cold water,

(

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

(vi)

a storage cupboard and counter,

(vii)

a separate cubicle or curtained-off area with a cot or bed equipped with a moisture-protected mattress and 2 moisture-protected pillows,

(viii)

a table and at least 2 chairs,

(ix)

a lockable medical chest or cabinet,

(

x) a waste receptacle and a means of safely disposing of biohazards and sharp objects,

(xi)

sufficient electrical outlets of the appropriate voltage for the equipment to be used in the room, and

(xii)

all other medical supplies and equipment that are determined to be necessary under paragraph (1)(c);

(

h) in which information is accessible regarding

(

i) first aid procedures in respect of any reasonably foreseeable injury or illness at the workplace,

(ii)

all hazardous substances at the workplace, including the procedures for treating exposure to them and, in the case of hazardous products, their safety data sheets, if any, or other documents containing hazard information in respect of them, and

(iii)

procedures for transporting injured or ill persons within and from the workplace; and

(

i) that contains an effective means of hands-free electronic communication with the physician referred to in paragraph31(

a) and other emergency contacts, as well as an up-to-date list of the names and contact information of those persons for use in emergencies.

79/21 s32

Back to Top

Medics

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

(

a) has experience with helicopter or fixed-wing aircraft evacuation for medical purposes;

(

b) holds an advanced cardiac life support certificate or basic cardiac life support instructor's certificate issued by an entity that bases its training on International Liaison Committee on Resuscitation guidelines; and

(

c) meets one of the following requirements:

(

i) they hold a licence

to practise

medicine in Canada and have at least 2 years' clinical experience in intensive care or emergency practice,

(ii)

they hold a registered nursing certificate recognized by a provincial regulatory body and have at least 2 years' clinical experience in intensive care or emergency practice, or

(iii)

they hold an advanced care paramedic certificate or critical care paramedic certificate issued by a college in Canada and have at least 3 years' experience as an advanced life support provider.

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

(3) The employer shall not assign to the medic any other duties that will interfere with the prompt and adequate provision of first aid and medical care.

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

(

a) shall not be overruled by anyone other than the physician referred to in paragraph31(a); and

(

b) shall follow any directions given by the physician referred to in paragraph31(a).

79/21 s33

Back to Top

First aiders

(1)An employer shall allow any first aider, and any other employee that the first aider needs for assistance, to provide prompt and adequate first aid to an injured or ill person and ensure that they have adequate time to do so, with no loss of pay or benefits.

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

(

a) shall not be overruled by anyone other than a physician, a medic or, where they hold a standard first aid certificate, a first aider with an advanced first aid certificate; and

(

b) shall remain in charge of the person's care until the first aid is complete or the person is under the care of a physician, a medic or, where they hold a standard first aid certificate, a first aider with an advanced first aid certificate.

79/21 s34

Back to Top

Treatment records

(1)A first aider or medic who provides care to an injured or ill person or from whom treatment is sought shall make and sign a record containing the following information:

(

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

(

b) a brief description of the injury or illness, and of the occurrence that gave rise to it, if any, including, as applicable, the date on which and the time and location at which the injury or occurrence occurred or the date on which and the time at which symptoms of the illness were first experienced;

(

c) a brief description of any treatment provided by the first aider or medic, including the date on which and time at which it was provided; and

(

d) a brief description of any arrangements made for the treatment or transportation of the injured or ill person.

(2) The employer with control over the workplace at which the record is made shall retain it, from the day on which the injury or illness is first documented, for

(a)

40years, in the case of treatment for an occupational disease or exposure to a hazardous substance;

(b)

10years, in the case of treatment for an injury resulting from an incident, other than exposure to a hazardous substance, or for a musculoskeletal injury, as defined in subsection 41(3); or

(c)

5 years, in any other case.

79/21 s35

PART VII

EMPLOYEE WELL-BEING

Back to Top

Occupational health and safety program

An occupational health and safety program shall set out measures for promoting mental health and healthy lifestyles and shall address substance abuse, the effects on mental health of working in a remote location and the management of mental illness.

79/21 s36

Back to Top

Impairment

(1)Impairment, including as a result of fatigue, stress, injury, illness, another physical or psychological condition, alcohol or drugs, is a prescribed risk for the purpose of paragraph201.17(2)(

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

(

a) set out the roles and duties of all workplace parties in identifying and preventing the consequences of impairment on the health and safety of employees;

(

b) identify factors that may contribute to impairment or its causes, such as work and workplace conditions, work scheduling and task type and length;

(

c) require that the factors referred to in paragraph (

b) be regularly monitored at the workplace and taken into account, in conjunction with incident reports, employee complaints, workplace committee reports and records of excess work hours kept under paragraph (

e) or subsection39(3), to identify any potential impairment;

(

d) require the development, maintenance and implementation of an appropriate work shift design that allows adequate rest periods;

(

e) require records to be kept of hours worked by an employee beyond their usual shift or rotation; and

(

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

(2) An employer shall ensure that no employee at a workplace under its control is permitted to work where their ability to do so is impaired in a manner that is likely to be hazardous to their health or safety or that of any other person at the workplace.

(3) Impairment shall be considered as a potential causal factor in the investigation of all incidents at the workplace.

79/21 s37

Back to Top

Fatigue training

The instruction and training that an employer shall provide to its employees includes instruction and training on the factors that contribute to fatigue, procedures for identifying and reporting fatigue and the role and duties of employees in managing fatigue.

79/21 s38

Back to Top

Rest periods

(1)An employer shall ensure that an employee does not work at a workplace under its control unless they have been provided with a period of at least 11 consecutive hours of rest in the previous 24 hours.

(2) An employer may, in extenuating circumstances, allow an employee to work without having had the rest period referred to in subsection (1) where the employer has assessed the risk associated with the employee working the extra hours and determined, in consultation with the employee, that the work can be carried out without increased risk to their health or safety.

(3) Where an employer allows an employee to work without having had the rest period referred to in subsection (1), the employer shall ensure that a description of the work, the name of the employee, the hours worked, the reason for the exception and the result of the risk assessment referred to in subsection (2) are recorded.

(4) Subsection (1) does not apply in the event of an emergency at the workplace that may be hazardous to the health or safety of employees.

(5) Notwithstanding subsections (1) and (2), the employer with control over a workplace for which an authorization has been issued for a period of less than 6 months may alternatively comply, in respect of the marine crew, with the daily hours of work and minimum rest requirements outlined in the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978.

79/21 s39

Back to Top

Thermal stress

Thermal stress is a prescribed risk for the purpose of paragraph201.17(2)(

a) of the Act and an employer shall ensure, in respect of all persons at each workplace under its control who may be exposed to heat or cold, that

(

a) their exposure is kept below the applicable threshold limit value or action limit established by the American Conference of Governmental Industrial Hygienists in its publication" TLVs and BEIs: Based on the Documentation of the Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices"

, as the case may be;

(

b) they are informed of the risk and advised of measures to be taken to minimize their exposure to it;

(

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

(

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

(

e) screens or shelters are provided to protect them against the elements, where applicable;

(

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

(

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

(

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

79/21 s40

Back to Top

Musculoskeletal injury

(1)Musculoskeletal injury is a prescribed risk for the purpose of paragraph201.17(2)(

a) of the Act and the procedures referred to in that paragraph shall include an assessment, in consultation with the following persons, of the extent to which that risk is associated with each type of work carried out at the workplace:

(

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

(

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

(2) The employer shall ensure that interim hazard control measures are implemented without delay after the risks of musculoskeletal injury are assessed and permanent measures, determined with regard to the parameters established by the American Conference of Governmental Industrial Hygienists in its publication" TLVs and BEIs: Based on the Documentation of the Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices"

, are implemented as soon as practicable.

(3) In this section," musculoskeletal injury"

means an injury to or disorder of the muscles, tendons, ligaments, joints, nerves, blood vessels or related soft tissue, including a sprain, strain or inflammation.

79/21 s41

Back to Top

Workplace violence and harassment

(1)Workplace violence and harassment is a prescribed risk for the purpose of paragraph201.17(2)(

a) of the Act and an employer shall develop and post at a place accessible to all employees a policy setting out the employer's commitment to

(

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

(

b) dedicate sufficient attention, resources and time to address factors that contribute to workplace violence and harassment;

(

c) communicate to its employees information in its possession about the factors referred to in paragraph (b); and

(

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

(2) An occupational health and safety program shall

(

a) require that the assessment of the risk of violence and harassment at the workplace take into account the nature of the work carried out at the workplace, the conditions under which that work is carried out and previous experiences at the workplace and other similar workplaces; and

(

b) include procedures for

(

i) summoning immediate assistance in response to violence that poses an immediate risk of physical injury,

(ii)

reporting incidents of workplace violence and harassment to the employer or a supervisor, and

(iii)

investigating and addressing reports of workplace violence and harassment.

(3) The training that an employer shall provide to each of its employees includes training on the factors that contribute to workplace violence and harassment.

(4) In this section," workplace violence and harassment"

means any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee.

79/21 s42

Back to Top

Disruptive behaviour

An employer shall instruct all employees at each workplace under its control to refrain from engaging in disruptive behaviour

at the workplace that may be hazardous to themselves or any other person.

79/21 s43

PART VIII

PERSONAL PROTECTIVE EQUIPMENT

Back to Top

Employee obligations

(1)The personal protective equipment that an employee shall use or wear for the purpose of paragraph201.24(

b) of the Act includes, in respect of any hazard to which they are exposed, all personal protective equipment that the employer or operator provides to them for the purpose of preventing or reducing injury from that hazard.

(2) An employee shall ensure that any clothing worn by them does not interfere with the proper functioning of any personal protective equipment used or worn by them.

79/21 s44

Back to Top

Requirements

An employer shall ensure that all personal protective equipment that it provides to its employees, or to other individuals at a workplace under its control,

(

a) is designed to effectively protect the user or wearer from the hazard for which it is provided;

(

b) is selected having regard to any other hazards in the work area in which it is intended to be used or worn;

(

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

(

d) is compatible with all other personal protective equipment that the employer provides to be used or worn at the same time, so that one item of equipment does not make another item ineffective; and

(

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

79/21 s45

Back to Top

Prescribed equipment

The personal protective equipment that an employer shall provide to its employees and other individuals at a workplace under its control includes

(

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

(

i) emergency escape breathing devices that conform to the International Maritime Organization's" International Code for Fire Safety Systems"

and that, where they are to be used for escape from an atmosphere that is immediately dangerous to life and health,

(

A) have a rated service time in excess of the anticipated time needed to reach the nearest temporary safe refuge or muster station, and

(

B) where they are multifunctional self-contained breathing apparatuses or airline respirators, have an auxiliary self-contained air supply with a rated service time in excess of the anticipated time needed to allow for escape by way of the planned escape route and, in any event, of not less than 15minutes, or

(ii)

respirators for the purpose of escape that are selected in accordance with CSA Group standardZ94.4," Selection, use, and care of respirators" ;

(

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

(

i) conform to

(

A) Chapter II of the LSA Code and IMO Resolution MSC.81(70), with the provisions of that Resolution being read as mandatory, or

(

B) Underwriters Laboratories standard ANSI/CAN/UL 15027-2, "Standard for Immersion Suits

Part 2: Abandonment Suits, Requirements Including Safety", and

(ii)

are appropriate for all expected environmental conditions in the vicinity of the workplace, all situations that may require emergency evacuation and the time it would take for rescue operations to reach the area and complete a rescue;

(

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

(

i) conforms to

Chapter II of the LSA Code and IMO ResolutionMSC.81(70), with the provisions of that Resolution being read as mandatory, and

(ii)

is appropriate for all expected environmental conditions in the vicinity of the workplace;

(

d) where the employee or individual is in the vicinity of moving equipment or loads, personal protective clothing that conforms to CSA Group standard Z96," High-visibility safety apparel" , other than the provisions of that standard that pertain to marking, and that is selected in accordance with that standard's annex on selection, which is to be read as mandatory;

(

e) where the employee or individual may be exposed to a risk of head injury, protective headwear that conforms to CSA Group standard Z94.1," Industrial protective headwearPerformance, selection, care, and use" , other than the provisions of that standard that pertain to marking;

(

f) where the employee or individual may be exposed to a risk of injury to the eyes, face, ears or front of the neck, eye or face protectors that conform to CSA Group standard Z94.3," Eye and face protectors" , other than the provisions of that standard that pertain to marking, and that are compatible with any corrective lenses worn by the employee or individual;

(

g) where the employee or individual may be exposed to a risk of foot injury or electric shock through footwear, protective footwear that conforms to

(

i) CSA Group standard Z195," Protective footwear" , other than the provisions of that standard that pertain to marking,

(ii)

ASTM International standard F2413," Standard Specification for Performance Requirements for Protective (Safety) Toe Cap Footwear" , other than the provisions of that standard that pertain to marking, or

(iii)

International Organization for Standardization standard ISO 20345," Personal protective equipment - Safety footwear" , other than the provisions of that standard that pertain to marking;

(

h) where the employee or individual may be exposed to noise levels exceeding the threshold limit value for sound, other than while diving, personal protective equipment that conforms to and is selected and maintained in accordance with CSA Group standard Z94.2," Hearing protection devices - Performance, selection, care, and use" ;

(

i) where the employee or individual may be exposed to a hazard from a type of gas that can be monitored with a personal gas monitoring device, a device of that type that is explosion-proof and has been calibrated in accordance with the manufacturer's instructions;

(

j) where the employee or individual may be exposed to fire or radiated heat from fire, personal protective clothing that conforms to the design and performance requirements set out in Canadian General Standards Board standard CAN/CGSB 155.20," Workwear for protection against hydrocarbon flash fire and optionally steam and hot fluids" , or in Chapter7 of National Fire Protection Association standard NFPA 2112," Standard on Flame-Resistant Clothing for Protection of Industrial Personnel Against Short-Duration Thermal Exposures from Fire" ;

(

k) where the employee or individual may be exposed to respiratory hazards, respiratory protective equipment that is

(

i) selected and maintained in accordance with CSA Group standard Z94.4, "Selection, use, and care of respirators", and

(ii)

in the case of a pressure-demand self-contained breathing apparatus that is to be used in atmospheres that are immediately dangerous to life and health, equipped with an audible alarm that sounds when the air supply has diminished to 33 percent of its capacity;

(

l) where the employee or individual may be exposed to a risk of injury to or through the skin, an effective shield, screen, cream, lotion or body covering; and

(

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

(

i) a life jacket that is appropriate for all expected environmental conditions and conforms to

Chapter II of the LSA Code and IMO Resolution MSC.81(70), with the provisions of that Resolution being read as mandatory,

(ii)

a personal flotation device that is appropriate for all expected environmental conditions and

(

A) has been approved by the federal Minister of Transport, the Canadian Coast Guard or the United States Coast Guard,

(

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

(

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

(

D) is capable of being inflated manually, regardless of whether it is also equipped with automated inflation technology, or

(iii)

a fall-arrest system as described in paragraph109(1)(d).

79/21 s46

Back to Top

Respiratory protective equipment

(1)An employer shall ensure that any respiratory protective equipment that they provide to employees or other individuals at a workplace under its control is used in accordance with CSA Group standard Z94.4," Selection, use, and care of respirators" .

(2) The employer shall ensure that any respiratory protective equipment that supplies air is used only where

(

a) that air conforms to either CSA Group standard Z180.1," Compressed breathing air and systems"

or European Committee for Standardization (CEN) standard EN 12021," Respiratory equipmentCompressed gases for breathing apparatus" ; and

(

b) the system that supplies the air is tested, operated and maintained in accordance with CSA Group standard Z180.1," Compressed breathing air and systems" .

79/21 s47

Back to Top

Personal gas monitoring device

An employer shall ensure that each personal gas monitoring device used at a workplace under its control is bump tested before each use.

79/21 s48

Back to Top

Records

Notwithstanding subsection87(2), an employer shall retain the records referred to in paragraph87(1)(

f) in respect of all personal protective equipment that they provide for as long as the equipment is in service.

79/21 s49

PART IX

PASSENGERS IN TRANSIT

Back to Top

Transit by helicopter

(1)The information and instruction that an operator shall, for the purpose of paragraph201.11(1)(

a) of the Act, ensure is provided to each of the employees and other passengers being transported on a helicopter to or from any of its workplaces includes

(

a) an overview of the helicopter's layout and features, including the location of emergency exits and equipment, including life rafts;

(

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

route;

(

c) the role of passengers during emergencies, including the means by which passengers may communicate directly with the pilot to alert them of an emergency;

(

d) a demonstration of the donning and doffing of the helicopter passenger transportation suit systems provided in accordance with subsection (3) and instruction on the use of the emergency underwater breathing apparatus provided in accordance with that subsection; and

(

e) instruction on escape and abandonment procedures, including the use of the life rafts referred to in paragraph (2)(b).

(2) The equipment and devices with which an operator shall, for the purpose of paragraph201.11(2)(

b) of the Act, ensure that any helicopter going to or from any of its workplaces is equipped includes

(

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

(

b) life rafts, each of which is equipped with 2 position indicating devices, in sufficient numbers to accommodate all passengers on board, having regard to the passengers' space requirements and weight while wearing helicopter passenger transportation suit systems.

(3) The personal protective equipment that an operator shall, for the purpose of paragraph201.11(3)(

a) of the Act, ensure is provided to each of the employees and other passengers on a helicopter going to or from any of its workplaces includes

(

a) a helicopter passenger transportation suit system and life preserver that conform to the " Airworthiness Manual"

published by the federal Department of Transport; and

(

b) an emergency underwater breathing apparatus (EUBA) that conforms to the Canadian Aviation Regulations .

(4) The training that an operator shall, for the purpose of paragraph201.11(3)(

b) of the Act, ensure is provided to each of the employees and other passengers on a helicopter going to or from any of its workplaces includes

(

a) practice in donning and doffing the helicopter passenger transportation suit system that is provided to them; and

(

b) the training referred to in paragraph602.66(1)(

c) of the Canadian Aviation Regulations

in respect of the emergency underwater breathing apparatus that is provided to them.

(5) The requirements to provide or wear a helicopter passenger transportation suit system or emergency underwater breathing apparatus or to provide training in their use do not apply in respect of any passenger in respect of whom there is an exemption, under subsection5.9(2) of the Aeronautics Act

(Canada) , from the requirements under the Canadian Aviation Regulations

respecting the wearing of a helicopter passenger transportation suit system or the use of an emergency underwater breathing apparatus.

79/21 s50

Back to Top

Transit by vessel

(1)The information and instruction that an operator shall, for the purpose of paragraph201.11(1)(

a) of the Act, ensure is provided to each of the employees and other passengers being transported on a vessel to or from any of its workplaces includes

(

a) an overview of the vessel's layout and features, including the location of muster stations and emergency exits and equipment, including lifeboats and life rafts;

(

b) the meaning of alarms;

(

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

route;

(

d) the role of passengers during emergencies;

(

e) a demonstration of the donning and doffing of the immersion suits provided in accordance with subsection (3); and

(

f) instruction on escape and abandonment procedures, including the use of the lifeboats and life rafts referred to in paragraph (2)(b).

(2) The equipment and devices with which an operator shall, for the purpose of paragraph201.11(2)(

b) of the Act, ensure that any vessel going to or from any of its workplaces is equipped includes

(

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

(

b) lifeboats or life rafts, each of which is equipped with 2 position indicating devices, in sufficient numbers to accommodate all passengers on board, having regard to the passengers' space requirements and weight while wearing immersion suits and the maximum weight capacity of the boats' or rafts' launching appliances.

(3) The personal protective equipment that an operator shall, for the purpose of paragraph201.11(3)(

a) of the Act, ensure is provided to each of the employees and other passengers on a vessel going to or from any of its workplaces includes a properly fitted immersion suit that conforms to paragraph46(b).

(4) The training that an operator shall, for the purpose of paragraph201.11(3)(

b) of the Act, ensure is provided to each of the employees and other passengers on a vessel going to or from any of its workplaces includes practice in donning and doffing the immersion suit that is provided to them.

79/21 s51

Back to Top

Safe entry and exit

(1)An operator shall establish procedures for safe entry to and exit from each of its workplaces that is a marine installation or structure, including procedures respecting the use of gangways and fast rescue boats to transfer persons between marine installations and structures.

(2) The procedures shall not permit the use of swing ropes for entry to or exit from a marine installation or structure.

79/21 s52

PART X

WORK PERMITS

Back to Top

Contents

(1)A work permit that is required by these regulations shall be issued, in either paper or electronic form, by a competent person designated by the employer with control over the workplace at which the activity to which the work permit relates is carried out and shall be approved by a second competent person designated by that employer.

(2) A work permit shall set out

(

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

(

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

(

c) the periods during which the permit is valid;

(

d) the activity to which the permit relates, the location at which the activity is to be carried out and any restrictions to which it is subject;

(

e) any circumstances under which the activity is to be carried out that may have an effect on the health and safety risks associated with it, including

(

i) environmental conditions,

(ii)

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

(iii)

other activities being carried out in the area, with reference to any permit or certificate associated with those activities;

(

f) work procedures, including those that apply to a specific space, task, material, type of equipment or system, that are developed having regard to the circumstances referred to in paragraph (

e) and are to be followed to minimize the health and safety risks associated with the activity, including

(

i) any equipment, machine, device or system that is required to be locked out,

(ii)

any tests that are required to be performed before, during and after the activity,

(iii)

the particulars of any tags or signs to be used,

(iv)

any protective equipment to be used,

(

v) the procedures to be followed in the case of an emergency or any other change in the conditions in which the activity is carried out, the persons involved or the equipment being used, and

(vi)

procedures for addressing any impediment to the proper use of any equipment or other thing;

(

g) any other engineering and administrative control measures in relation to the activity that are necessary for the health and safety of persons at the workplace;

(

h) the identification number of any lock used in a lockout referred to in subparagraph (f)(i);

(

i) the results of any tests referred to in subparagraph(f)(ii), the date on which and time at which they were performed and the signature of the person who performed them; and

(

j) any other information or documentation that is necessary to ensure that all persons involved in the activity are informed of the health and safety risks associated with it.

(3) The work permit shall be signed by the person who issued it, the person who approved it and every person involved in the activity to which it relates, to certify that they have read and understood its contents.

79/21 s53

Back to Top

Occupational health and safety program

An occupational health and safety program shall address the issuance and use of work permits, including

(

a) activities that require a work permit;

(

b) the work permit issuance process, including roles and responsibilities in obtaining or issuing a work permit, having regard to the nature of the activity to which the permit relates;

(

c) methods of assessing hazards;

(

d) methods of communicating information about work permits to affected employees;

(

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

(

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

79/21 s54

Back to Top

Employer obligations

(1)An employer shall ensure that

(

a) every activity that requires a work permit and is carried out at a workplace under its control is carried out in accordance with a work permit; and

(

b) every work permit issued at a workplace under its control is made readily available to employees for the duration of the activity to which it relates.

(2) An employer shall retain a copy of each work permit issued at a workplace under its control for at least 3 years after the day on which the activity to which it relates is completed.

79/21 s55

PART XI

FACILITIES

Back to Top

Application

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

79/21 s56

Back to Top

Accommodations area

(1)An employer shall ensure that the accommodations area at each workplace under its control

(

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

(

b) is constructed so that sleeping quarters are not exposed to sound levels in excess of 70 decibels;

(

c) is equipped with adequate water and sewage systems;

(

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

(

i) its thermal conditions conform to ANSI/American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) standard 55," Thermal Environmental Conditions for Human Occupancy" , and

(ii)

its ventilation rate conforms to ANSI/ American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) standard 62.1," Ventilation for Acceptable Indoor Air Quality" ; and

(

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

(2) The employer shall ensure that equipment is not stored in an accommodations area unless the equipment

(

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

(

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

79/21 s57

Back to Top

Washrooms

(1)An employer shall make available a sufficient number of washrooms for use by persons of all gender identities at each workplace under its control, in locations conveniently accessible from all work areas.

(2) Where there are multiple toilets within a washroom, the employer shall ensure that

(

a) each toilet is partitioned in a separate stall with a solid, properly closing door and fastener to ensure privacy; and

(

b) where the washroom is for use by persons of more than one gender identity, the partitions and doors extend from floor to ceiling.

(3) The employer shall ensure that all washrooms

(

a) contain handwashing facilities as described in subsection60(2);

(

b) are, on their floors and the lower 15 centimetres

of their walls and partitions, watertight, except for drains, and impervious to moisture;

(

c) are adequately heated;

(

d) are adequately ventilated;

(

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

(

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

(

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

79/21 s58

Back to Top

Portable toilet units

(1)Where the number of washrooms at a workplace is not sufficient to accommodate the number of persons at that workplace during its commissioning or decommissioning, the employer with control over the workplace may satisfy its obligations under subsection58(1) by supplementing the available washrooms with portable toilet units.

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

(

a) are supplied with

(

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

(ii)

hand sanitizer;

(

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

(

c) satisfy the requirements set out in paragraphs58(3)(

d) to (g).

79/21 s59

Back to Top

Handwashing facilities

(1)An employer shall make available a sufficient number of handwashing facilities for use by persons at each workplace under its control, in locations conveniently accessible from all work areas.

(2) The employer shall ensure that all handwashing facilities

(

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

(

b) are supplied with soap in a dispenser;

(

c) are supplied with individual clean and sanitary towels or another suitable means of drying hands; and

(

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

79/21 s60

Back to Top

Showers

(1)An employer shall make available a sufficient number of showers for use by persons at each workplace under its control.

(2) The employer shall ensure that all showers

(

a) are designed for use by one person at a time, with walls, partitions or curtains in place as necessary to ensure privacy;

(

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

(

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

(

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

(

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

79/21 s61

Back to Top

Changing facilities

An employer shall provide, at each workplace under its control, a changing facility that

(

a) is located adjacent to a washroom;

(

b) is of sufficient size to allow employees to change in and out of work clothing;

(

c) has, for each employee at the workplace who is on rotation, a locker with sufficient capacity to store the employee's personal clothing while they are working and their work clothing and equipment while they are not working;

(

d) has sufficient capacity to allow for storage of personal protective equipment belonging to off-rotation employees, where there is insufficient storage available to those employees in their sleeping quarters; and

(

e) contains a means of drying wet clothing.

79/21 s62

Back to Top

Sleeping quarters

(1)An employer shall ensure that the sleeping quarters at each workplace under its control contain, for each person assigned to those quarters,

(

a) a standalone bed or bunk

(

i) that has inner dimensions of at least 1.98 metres

by 80 centimetres ,

(ii)

that is not part of a unit that is more than double-tiered,

(iii)

whose bottom is at least 30 centimetres

off the floor, where it is a standalone bed or the lower bunk in a double-tiered unit, or approximately midway between the bottom of the lower bunk and the ceiling, where it is the upper bunk in a double-tiered unit,

(iv)

that is equipped with an access ladder and a suitable barrier to protect against falls, where it is the upper bunk in a double-tiered unit,

(

v) that can be easily cleaned and disinfected, and

(vi)

that is supplied with clean and sanitary bedding;

(

b) a storage area fitted with a locking device to hold the employee's personal belongings; and

(

c) a reading lamp.

(2) An employer shall, to the extent feasible, assign each person at a workplace under its control their own sleeping quarters with direct access to their own washroom containing a shower.

(3) Where compliance with subsection (2) is not feasible, the employer shall

(

a) assign no more than 2 persons to sleep in the same sleeping quarters at the same time, unless a greater number is approved in advance by the chief safety officer on a short-term basis; and

(

b) where the workplace is a marine installation or structure used for drilling or production or as a living accommodation, ensure that all persons have direct access from their sleeping quarters to a washroom containing a shower and that no more than 2 sleeping quarters have direct access to the same washroom.

79/21 s63

Back to Top

Dining area

An employer shall ensure the provision, at each workplace under its control, of a dining area that is

(

a) of sufficient size to allow individual seating and table space for each employee expected to be using the area at one time;

(

b) separated from any place containing a hazardous substance that may contaminate food, dishes or utensils;

(

c) provided with waste receptacles; and

(

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

79/21 s64

Back to Top

Smoking areas

(1)It is prohibited to smoke or use a vaping device at a workplace other than in an area designated for that purpose by the employer with control over the workplace.

(2) An employer shall select any area that it designates as an area in which smoking or the use of a vaping device is permitted having regard to

(

a) the area's proximity to fire and explosion hazards; and

(

b) the need to prevent exposure of other persons at the workplace to emissions, both directly from the product and as exhaled by the user, from smoking or the use of a vaping device.

(3) It is prohibited to smoke or use a vaping device, even within a designated area, on the deck of a marine installation or structure where drilling or production activities are being carried out in the vicinity.

(4) The employer shall ensure, with respect to any indoor area that it designates as an area in which smoking or the use of a vaping device is permitted, that

(

a) the designated area is maintained under negative pressure with respect to the adjacent area;

(

b) the designated area is separated from the adjacent area by solid walls, floors and ceilings and solid doors equipped with an automatic closing mechanism; and

(

c) air transfer into the designated area is maintained at a rate of at least 24 litres per second per occupant, regardless of whether the doors are open or closed, and air is not recirculated.

(5) An employer shall ensure that signage is posted outside each entrance to an area in which smoking or the use of a vaping device is permitted, indicating

(

a) that persons entering the area may be exposed to emissions from smoking or the use of a vaping device; and

(

b) the area's maximum occupancy level, as determined with regard to its air transfer rate, where the area is indoors.

(6) Where an employer removes the designation of an area as an area in which smoking or the use of a vaping device is permitted, it shall ensure that the signage referred to in paragraph (5)(

a) remains posted outside each entrance to the area until the area contains no residual contaminants from the smoking or vaping activity.

79/21 s65

PART XII

SANITATION AND HOUSEKEEPING

Back to Top

Waste material

The risks associated with the accumulation of and exposure to waste material, including garbage, recyclable refuse, food waste and debris, are prescribed risks for the purpose of paragraph201.17(2)(

a) of the Act and an employer shall ensure, at each workplace under its control, that

(

a) waste material is collected, handled, segregated and removed in a safe and hygienic manner;

(

b) waste receptacles and other facilities for disposing of and storing waste material are provided to prevent its hazardous accumulation; and

(

c) all waste receptacles that are provided in dining and food preparation areas or that are intended to hold waste material that could give rise to a hazard, including waste material that is flammable or combustible, are

(

i) made of fire-rated material,

(ii)

leakproof,

(iii)

fitted with a tight-fitting lid, and

(iv)

maintained in good working order and in a clean and sanitary condition.

79/21 s66

Back to Top

Pests

(1)The risks associated with the presence of pests are prescribed risks for the purpose of paragraph201.17(2)(

a) of the Act and an employer shall ensure that the enclosed parts of each workplace under its control are constructed, equipped and maintained in a manner that prevents, to the extent feasible, the entry of pests.

(2) Where pests have entered an enclosed part of the workplace, the employer shall immediately take all steps necessary to eliminate the pests and prevent their re-entry.

(3) The occupational health and safety program shall provide for the keeping of pest control inspection and pesticide application records.

79/21 s67

Back to Top

Cleanliness and orderliness

The hazard control measures set out in an occupational health and safety program shall include procedures for

(

a) maintaining the workplace in a clean and orderly state;

(

b) ensuring that all surfaces at the workplace on which a person may stand are kept free of slipping and tripping hazards; and

(

c) ensuring that all cleaning of the workplace is carried out in a manner that does not allow dust or any other substance that may be harmful to employees' health or safety to contaminate the air.

79/21 s68

Back to Top

Storage

An employer shall ensure that all things at each workplace under its control are stored or placed in a manner that does not present a hazard to the health or safety of any person, including by

(

a) impeding the safe movement of persons, equipment or things through corridors, entrances or exits;

(

b) impeding access to or the use of firefighting, first aid or other emergency equipment;

(

c) interfering with the operation of fixed fire protection equipment;

(

d) impeding access to electrical panels, equipment control panels or emergency disconnect switches or devices;

(

e) obstructing ventilation or illumination;

(

f) exceeding the maximum load-carrying capacity of the thing on which they are stored or placed; or

(

g) being stacked in a manner that makes them unstable.

79/21 s69

PART XIII

FOOD AND POTABLE WATER

Back to Top

Food safety

The risks arising from the consumption of unsafe food are, in respect of every workplace at which food is served, prescribed risks for the purpose of paragraph201.17(2)(

a) of the Act and the employer with control over the workplace shall ensure that

(

a) all preparation, storage, handling or serving of food is done in accordance with the Codex Alimentarius Commission's "Recommended International Code of Practice: General Principles of Food Hygiene", as set out in its publication" Food Hygiene (Basic Texts)" , with the recommendations in the Code being read as mandatory;

(

b) foods that require refrigeration to prevent them from becoming hazardous to health are maintained at a temperature of 4 degrees Celsius or lower;

(

c) foods that require freezing to prevent them from becoming hazardous to health are maintained at a temperature of -18 degrees Celsius or lower; and

(

d) temperature logs are maintained for hot and cold holding units, including refrigerators and freezers.

79/21 s70

Back to Top

Potable water

(1)An employer shall provide, to all persons at each workplace under its control, potable water for drinking and food preparation and shall ensure that clean and sanitary cups are provided for drinking water that is not provided from a drinking fountain.

(2) The risks associated with the consumption of non-potable water are prescribed risks for the purpose of paragraph201.17(2)(

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

(

a) provide for on-site oversight by a competent person of the daily operation of the system by which potable water is provided;

(

b) require notification of the workplace committee or coordinator, as the case may be, of any samples taken from that system that fail to meet the requirements for potable water;

(

c) set out procedures for addressing any failures of the system to provide water that meets the requirements for potable water; and

(

d) address the keeping of records relating to the system, its oversight and its performance.

(3) In this section, " potable water"

means water that conforms to the federal Department of Health's" Guidelines for Canadian Drinking Water Quality" .

79/21 s71

PART XIV

LIGHTING

Back to Top

Non-application

This Part does not apply to the lighting of the bridge of a mobile offshore drilling unit or the bridge of any ship used for construction, production or diving or for geotechnical or seismic work.

79/21 s72

Back to Top

Minimum levels

An employer shall, in respect of each workplace under its control, ensure that

(

a) all persons at the workplace have sufficient lighting, in terms of both quantity and quality, to perform all of their tasks safely; and

(

b) where the workplace is a marine installation or structure, the average level of lighting at a work position or in an area referred to in column 1 of the following table is not less than that set out in column 2 when the workplace's primary lighting system is operational.

TABLE

Item

Column 1

Work Position or Area

Column 2

Minimum Average Level (in lx)

Office areas:

(

a) work positions at which cartography, drafting, plan reading or other tasks requiring high visual precision are performed

(

b) work positions at which business machines are operated or prolonged reading or writing tasks are performed

(

c) other areas

Laboratories:

(

a) work positions at which instruments are read or hazardous substances are handled, where errors in such reading or handling may be hazardous to the health or safety of an employee

(

b) work positions at which close or prolonged attention is given to laboratory work

(

c) other areas

Workshops and garages:

(

a) work positions at which fine or medium bench, machine or repair work is performed

(

b) work positions at which rough bench, machine or repair work is performed

(

c) other areas

Process areas:

(

a) work positions in major control rooms or rooms with dial displays at which tasks essential to the control of equipment or machinery that may be hazardous to the safety of employees are performed

(

b) work positions at which a hazardous substance is used, stored or handled

(

c) work positions at which gauges and meters that are not self-illuminating are located

(

d) other areas

Loading platforms and warehouses:

(

a) work positions at which packages or goods are checked or sorted

(

b) work positions at which loading or unloading work is frequently performed

Storage areas:

(

a) areas in which there is a high level of activity

(

b) other areas

Derricks, drill floors and moon pools:

(

a) work positions at which there is a high level of activity

(

b) other areas

Entrances, exits, elevators, corridors, aisles and stairways:

(

a) areas in which there is a high level of activity or where there is a high frequency of traffic

(

b) other areas

Medical rooms:

(

a) work positions at which first aid or medical care is rendered or examinations are conducted or at which other tasks essential to the health or safety of an employee are performed

(

b) other areas

Food preparation areas:

(

a) work positions at which prolonged cutting or preparation tasks are performed

(

b) other areas

Dining areas and recreation areas

Sleeping quarters

Washrooms and showers

Boiler, engine, ballast control and generator rooms

Rooms in which principal heating, ventilation or air-conditioning equipment is installed

Emergency shower facilities, emergency equipment locations, muster stations, temporary refuge areas and lifeboat and life raft locations

79/21 s73

Back to Top

Emergency lighting

(1)An employer shall ensure that each workplace under its control that is a marine installation or structure is equipped with an emergency lighting system that

(

a) turns on automatically where the primary lighting system fails; and

(

b) provides sufficient dependable illumination to enable all emergency measures to be carried out, including emergency shutdown procedures and evacuation of persons from the workplace.

(2) The employer shall ensure that the emergency lighting system is verified to be in working order at least once a month.

79/21 s74

Back to Top

Handling, storage and disposal

An employer shall ensure that lighting components and bulbs at each workplace under its control are handled, stored and disposed of in accordance with the manufacturer's instructions and in a manner that does not pose a risk to any person.

79/21 s75

PART XV

SOUND LEVELS

Back to Top

Unimpeded communication

An employer shall ensure that sound levels at each workplace under its control do not impede communication during normal or emergency operations.

79/21 s76

Back to Top

Noise

(1)Excessive noise is a prescribed risk for the purpose of paragraph201.17(2)(

a) of the Act and an employer shall ensure, with respect to each workplace under its control, other than an underwater area, that

(

a) noise surveys are carried out in accordance with CSA Group standard Z107.56," Measurement of noise exposure"

(

b) to the extent feasible, the threshold limit value for sound is not exceeded; and

(

c) where it is not feasible to reduce sound levels at the workplace to within the threshold limit value,

(

i) signs are posted at the entrances to or on the periphery of areas where employees may be exposed to excessive sound levels that clearly indicate the presence of a noise hazard and identify the personal protective equipment that is required in that area, and

(ii)

every employee at the workplace undergoes an audiometric test every 2 years, or more frequently as recommended by an audiologist or occupational physician.

(2) The employer shall retain the results of all noise surveys for at least 10years after the day on which they were carried out.

(3) The instruction and training that an employer shall provide to its employees includes instruction and training on the risks posed by excessive noise.

79/21 s77

PART XVI

VENTILATION

Back to Top

Air quality

(1)Poor air quality is a prescribed risk for the purpose of paragraph201.17(2)(

a) of the Act and an employer shall ensure that all contaminants in the air at each workplace under its control are kept below the applicable threshold limit values, including, where the workplace is a marine installation or structure, through the installation, use, maintenance and testing of appropriate ventilation systems and other engineering controls.

(2) The ventilation systems shall, where feasible, include local exhaust ventilation systems where necessary to prevent contaminants from entering an employee's breathing zone while the employee is working.

79/21 s78

Back to Top

Ventilation system

An employer shall ensure, with respect to any ventilation system installed at a workplace under its control, that

(

a) it is equipped with a device that provides a warning where the system is not working properly;

(

b) all contaminants that it removes are exhausted clear of the area from which they are drawn and prevented from entering any work area or accommodations area;

(

c) it and any humidification equipment that forms a part of it

(

i) are constructed and maintained in a manner that minimizes the growth and dissemination through the system of micro-organisms, insects and mites, and

(ii)

where feasible, are readily accessible for cleaning and inspection; and

(

d) unless it is installed in an accommodations area, its minimum ventilation rate conforms to American Conference of Governmental Industrial Hygienists standard " Industrial Ventilation: A Manual of Recommended Practice for Design" .

79/21 s79

Back to Top

Internal combustion engine

Where mobile equipment powered by an internal combustion engine is operated indoors or in an enclosed work area, the employer with control over the workplace at which it is operated shall ensure that the engine is maintained in a manner that ensures conformity with the requirements of American Conference of Governmental Industrial Hygienists standard" Industrial Ventilation: A Manual of Recommended Practice for Design"

relating to vehicle exhaust ventilation.

79/21 s80

PART XVII

STRUCTURAL SAFETY

Back to Top

Movement within workplace

An employer shall ensure, to the extent feasible, that all persons at each workplace under its control that is a marine installation or structure are able to move around the workplace, including through corridors, without bending, sidling or tripping and shall ensure that any changes in floor elevation and ceiling height that pose a risk of injury and cannot be eliminated are clearly marked.

79/21 s81

Back to Top

Doors

An employer shall ensure, at each workplace under its control that is a marine installation or structure, that

(

a) any swinging door that opens onto a stairway does so over a floor or landing that extends under the full swing of the door; and

(

b) the use of any double-action swinging door that does not permit persons approaching from one side of the door to be aware of persons on the other side is restricted to a single direction.

79/21 s82

Back to Top

Guard-rails

Any guard-rail that is required under these regulations shall

(

a) include

(

i) a horizontal rail, cable or chain positioned not less than 90 centimetres

and not more than 1.1 metres

above the working surface,

(ii)

unless the guard-rail is located at the top of a fixed ladder, one or more additional horizontal rails, cables or chains positioned below the one referred to in subparagraph (

i) so that the distance between the working surface and the nearest rail, cable or chain or between any 2 adjacent rails, cables or chains does not exceed half the distance between the working surface and the rail, cable or chain referred to in subparagraph (i), and

(iii)

vertical supports spaced not more than 3 metres

apart at their centres ;

(

b) be capable of withstanding the greater of

(

i) the maximum load that is likely to be imposed on it, and

(ii)

a static load of not less than 890 newtons applied in any direction at any point on the rail, cable or chain referred to in subparagraph (a)(i); and

(

c) be capable of withstanding the effects of fire.

79/21 s83

Back to Top

Wall and floor openings and open edges

An employer shall ensure that, in any area on a marine installation or structure under its control to which a person might have access,

(

a) every opening in a wall, partition or bulkhead that measures at least 75 centimetres

high and 30 centimetres

wide and from which there is a drop of more than 1.2 metres , or that otherwise poses a hazard to any person, and every opening in a floor, platform or deck whose smallest dimension measures at least 30 centimetres

(

i) protected by a guard-rail, or

(ii)

covered with material that is

(

A) securely fastened to a supporting structural member of the marine installation or structure, and

(

B) capable of withstanding all loads that are likely to be imposed on it; and

(

b) every other open edge from which there is a drop of more than 1.2 metres , other than on a helicopter deck, is protected by a guard-rail.

79/21 s84

Back to Top

Open-top enclosures

(1)An employer shall ensure, at each workplace under its control, that, where an employee has access to the top of a bin, hopper, tank, vat, pit or similar enclosure with an opening at the top that is large enough for a person to fit through,

(

a) the enclosure's opening is covered with a grating, screen or other covering; or

(

b) there is a walkway over or adjacent to the opening that is not less than 50 centimetres

wide and is fitted with guard-rails.

(2) The grating, screen, covering or walkway shall be capable of supporting the greater of

(

a) the maximum load that is likely to be imposed on it, and

(

b) a live load of 6 kilonewtons.

(3) Where an employee is required to access the inside of an open-top enclosure from its top, the employer shall ensure, where feasible, that there is a fixed ladder on the inside wall of the enclosure that permits the employee to safely enter and exit.

79/21 s85

Back to Top

Structural openings

An employer shall ensure, before any opening is made in the structure of a marine installation or structure under its control, including in any floor or wall, that the locations of all pipes, cable and conduits in the area where the opening is to be made are clearly marked.

79/21 s86

PART XVIII

EQUIPMENT, MACHINES AND DEVICES

Back to Top

Requirements

(1)An operator and employer shall ensure, with respect to any equipment, machine or device that that operator or employer provides for use at a workplace, including any part of or accessory used with one of those things, that

(

a) only a competent person installs, assembles, uses, handles, stores, adjusts, modifies, maintains, repairs, inspects, tests, cleans or dismantles it;

(

b) the activities referred to in paragraph (

a) are carried out in accordance with its manufacturer's instructions and, where they are carried out outdoors, having regard to existing environmental conditions;

(

c) the manufacturer's instructions respecting its operation and maintenance are made readily available to any person carrying out an activity referred to in paragraph (a);

(

d) adequate space is provided around it to allow the activities referred to in paragraph (

a) to be carried out safely;

(

e) it is subject to

(

i) a brief visual inspection before each use by the person using it, and

(ii)

a thorough safety inspection at least once each year where

(

A) its purpose is to preserve or protect life,

(

B) its use would, in the absence of any hazard control measures, pose a risk to the health or safety of persons at the workplace, or

(

C) it is subject to degradation over time that could affect its safety;

(

f) any person who maintains, repairs, modifies, tests or inspects it,other than by carrying out a brief visual inspection,makes and signs a record that clearly identifies the equipment, machine or device, describes the activity carried out and provides the person's name, the date of the activity and, where applicable, the person's observations regarding the safety of the equipment, machine or device;

(

g) a person does not use it in a manner that may compromise the health or safety of a person at the workplace, including by

(

i) maintaining, repairing or cleaning any powered equipment, machine or device while it is operational, or

(ii)

operating any equipment, machine or device that is equipped with a guard while the guard is not in its proper position; and

(

h) a person does not intentionally tamper or interfere with it such that the health and safety of any person at the workplace could be compromised, including, unless done in accordance with these regulations, by impairing or rendering inoperative a safety device or system that is used with it.

(2) The operator or employer that provides the equipment, machine or device shall

(

a) retain the records referred to in paragraph (1)(f), as well as a record setting out the date that they acquired the equipment, machine or device, until the day that is 5 years after the day on which the equipment, machine or device is taken out of service at the workplace; and

(

b) ensure that those records are made readily available to any person who uses, inspects, tests, maintains, repairs or modifies the equip