Newfoundland and Labrador Gazette, Part II — 24 December 2021, Vol. 96, No. 51 — Regulations NLR 79/21, NLR 71/98, NLR 80/21, NLR 81/21

NLG 2021-12-24

Newfoundland and Labrador — Gazette

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 96 ST. JOHN’S, FRIDAY , DECEMBER 24, 2021 No. 51 MINERAL ACT NOTICE Published in accordance with

section 62 of CNLR 1143/96 under the Mineral Act, RSNL1990 cM-12 as amended.

Mineral rights to the following mineral licenses have reverted to the Crown: Mineral License 23463M held by Elkem Iceland on map sheet 13A/01 Mineral License 23471M held by Elkem Iceland on map sheet 13A/01 Mineral License 23943M held by Eagleridge International Limited on map sheet 3D/05 Mineral License 24423M held by Search Minerals Inc. on map sheet 13A/08 Mineral License 24668M held by Eagleridge International Limited on map sheet 3D/05 Mineral License 25428M held by White Metals Resources Corp. on map sheet 2M/11, 2M/12 Mineral License 25443M held by Eli Humby on map sheet 2M/11, 2M/12 Mineral License 25463M held by White Metals Resources Corp. on map sheet 2M/11 Mineral License 25467M held by Benton Resources Inc. on map sheet 2M/05, 2M/06 Mineral License 25468M held by Benton Resources Inc. on map sheet 2M/12 Mineral License 25497M held by Ubique Minerals Ltd. on map sheet 12I/06 Mineral License 25515M held by Metals Creek Resources Corp. on map sheet 2M/05 337 NOTE: Attached to the end of

Part II is a list of Statutes of Newfoundland and Labrador, 2021. Attached is a list of publication dates for the Year 2022.

Mineral License 25516M held by Metals Creek Resources Corp. on map sheet 2M/05 Mineral License 25539M held by Ubique Minerals Ltd. on map sheet 12I/06 Mineral License 25555M held by Ubique Minerals Ltd. on map sheet 12I/06 Mineral License 25589M held by El Nino Ventures Inc. on map sheet 2M/05, 2M/12 Mineral License 25592M held by Eli Humby on map sheet 2M/11 Mineral License 25726M held by Quadro Resources Ltd. on map sheet 2M/05 Mineral License 25797M held by Benton Resources Inc. on map sheet 2M/04 Mineral License 25910M held by George Lannon on map sheet 12H/11 Mineral License 25958M held by Benton Resources Inc. on map sheet 2L/13, 2M/04 Mineral License 25959M held by Benton Resources Inc. on map sheet 2L/13 Mineral License 26236M held by Benton Resources Inc. on map sheet 2M/12 Mineral License 26241M held by William Stockley on map sheet 12G/08 Mineral License 26261M held by Labrador Vanadium Corp on map sheet 3D/04 Mineral License 26262M held by Metals Creek Resources Corp. on map sheet 2M/05, 2M/12 Mineral License 26263M held by Metals Creek Resources Corp. on map sheet 2M/05, 2M/12 Mineral License 26320M held by Metals Creek Resources Corp. on map sheet 2M/05, 2M/12 Mineral License 26336M held by Kerry Blanchard on map sheet 12H/05 Mineral License 26391M held by Clarence Hopkins on map sheet 2M/05, 12P/08 Mineral License 26400M held by Benton Resources Inc. on map sheet 2M/12 Mineral License 26438M held by Dustin Keats on map sheet 12G/08 Mineral License 26444M held by Aubrey Budgell on map sheet 12P/16 Mineral License 26477M held by Dustin Keats on map sheet 12G/08 Mineral License 26576M held by Clarence Hopkins on map sheet 2M/05 Mineral License 26583M held by Clarence Hopkins on map sheet 2M/05 Mineral License 26590M held by Darrin Hicks on map sheet 12H/10 Mineral License 26592M held by Clarence Hopkins on map sheet 2M/05, 12P/08 Mineral License 26684M held by Clarence Hopkins on map sheet 2M/05 Mineral License 26806M held by Tom McLennon on map sheet 12H/10 Mineral License 26865M held by William Stockley on map sheet 12G/08 Mineral License 26876M held by Metals Creek Resources Corp. on map sheet 2M/05 THE NEWFOUNDLAND AND LABRADOR GAZETTE December 24, 2021 338

Mineral License 27416M held by Wesley Keats on map sheet 12H/10 Mineral License 27418M held by Shane Dyer on map sheet 12H/10 Mineral License 27627M held by Lloyd Hillier on map sheet 13A/08 The lands covered by this notice except for the lands within Exempt Mineral Lands, the Exempt Mineral Lands being described in CNLR 1143/96 and NLR 71/98, 104/98, 97/00, 36/01, 31/04, 78/06, 8/08, 28/09, 5/13 and 3/17 and outlined on 1:50 000 scale digital maps maintained by the Department of Industry, Energy and Technology, will be open for staking after the hour of 9:00 a.m. on the 32nd clear day after the date of this publication.

DEPARTMENT OF INDUSTRY , ENERGY AND TECHNOLOGY Justin Lake, Mineral Claims Recorder Dec. 24 WAREHOUSER’S LIEN ACT NOTICE OF PUBLIC AUCTION TAKE NOTICE that due to indebtedness incurred to Corner Brook Self Storage & Rental Ltd, pursuant to The Warehouser’ s Lien Act, bids will be accepted on the contents of Portable Unit P122471-005 consisting of domestic items belonging to Tiffanie Sheppard. Auction to be held January 4, 2022, at 5:00 p.m. Bidding details can be obtained at: Corner Brook Self Storage & Rental 6 Lundrigan Dr.

Corner Brook, NL 709-639-4663 Bidders must pre-register prior to 4:30 p.m. on January 4, 2022. CASH ONLY . Dec. 17 & 24 THE NEWFOUNDLAND AND LABRADOR GAZETTE December 24, 2021 339

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 96 ST. JOHN’S, FRIDAY , DECEMBER 24, 2021 No. 51 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 79/21 NLR 80/21 NLR 81/21

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. John’s, December 22, 2021. Krista Quinlan Clerk of the Executive Council REGULATIONS Analysis 1.

Short title

PART I GENERAL 2.

Interpretation 3. Inconsistency or conflict

PART II OCCUPATIONAL HEALTH AND SAFETY MANAGEMENT AND OVERSIGHT 4. Occupational health and safety policy 5. Occupational health and safety management system 6. Occupational health and safety program and audit 7. Workplace committee 655 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 8. Record keeping 9. Posting of documents

PART III REPORTING AND INVESTIGATION 10. Report to supervisor or employer 11. Report to employer with control 12. Employer obligations 13. Notification of chief safety officer 14. Investigation

PART IV TRAINING – GENERAL 15. Provision of general training 16. Competent person 17. Records

PART V EMERGENCY RESPONSE AND PREPAREDNESS 18. Emergency response plan 19. Posting of information 20. Instruction and training 21. Means of evacuation 22. Emergency equipment 23. Emergency alert system 24. Emergency power source 25. Emergency descent control 26. Fire and explosion 27. Firefighting equipment 28. Fire team equipment 29. Falls into ocean 30. Emergency drills and exercises

PART VI FIRST AID AND MEDICAL CARE 31. Operator's obligations 32. Employer obligations 33. Medics 34. First aiders 35. Treatment records

PART VII EMPLOYEE WELL- BEING 36. Occupational health and safety program 37. Impairment 38. Fatigue training 39. Rest periods 40. Thermal stress 41. Musculoskeletal injury 42. Workplace violence and harassment 43. Disruptive behaviour

PART VIII PERSONAL PROTECTIVE EQUIPMENT 44. Employee obligations 45. Requirements 46. Prescribed equipment 47. Respiratory protective equipment 48. Personal gas monitoring device 49. Records

PART IX PASSENGERS IN TRANSIT 50. Transit by helicopter 51. Transit by vessel 52. Safe entry and exit

PART X WORK PERMITS 53. Contents 54. Occupational health and safety program 55. Employer obligations

PART XI FACILITIES 56. Application 57. Accommodations area 58. Washrooms 59. Portable toilet units 60. Handwashing facilities 61. Showers 62. Changing facilities 63. Sleeping quarters 64. Dining area 65. Smoking areas

PART XII SANITATION AND HOUSEKEEPING 656 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 66. Waste material 67. Pests 68. Cleanliness and orderliness 69. Storage

PART XIII FOOD AND POTABLE WATER 70. Food safety 71. Potable water

PART XIV LIGHTING 72. Non-application 73. Minimum levels 74. Emergency lighting 75. Handling, storage and disposal

PART XV SOUND LEVELS 76. Unimpeded communication 77. Noise

PART XVI VENTILATION 78. Air quality 79. Ventilation system 80. Internal combustion engine

PART XVII STRUCTURAL SAFETY 81. Movement within workplace 82. Doors 83. Guard-rails 84. Wall and floor openings and open edges 85. Open-top enclosures 86. Structural openings

PART XVIII EQUIPMENT, MACHINES AND DEVICES 87. Requirements 88. Removal from service 89. Hair, clothing and accessories 90. Pedestrian passage 91. Standards 92. Fuelling

PART XIX ELEVATORS AND PERSONNEL LIFTS 93. Standards 94. Elevator documentation

PART XX LADDERS, STAIRS AND RAMPS 95. Application 96. Ship's ladder 97. Requirement to install 98. Stairs, ramps and fixed ladders 99. Temporary stairs 100. Ramps 101. Fixed ladders 102. Portable ladders

PART XXI SCAFFOLDING AND PLATFORMS 103. Definition 104. Use - general 105. Prevention of contact 106. Scaffolds 107. Elevating work platforms

PART XXII FALL PROTECTION AND ROPE ACCESS 108. Risk of falling 109. Means of protection 110. Rope access 111. Work permit 112. Instruction and training

PART XXIII FALLING OBJECTS 113. Risk of injury

PART XXIV MATERIALS HANDLING 114.

Definitions 115. Lifting risks 116. Work permit 117. Prohibitions 118. Hazardous conditions 119. Manual handling 120. Rated capacity 121. Materials handling equipment 657 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 122. Cranes and hoists 123. Wire rope clips 124. Mobile equipment 125. Additional standards 126. Personnel transfer 127. Signalling 128. Inspection 129. Instruction and training

PART XXV CONFINED SPACES 130. Evaluation 131. Occupational health and safety program 132. Work permit 133. Entry and occupation requirements 134. Atmosphere 135. Attendants 136. Instruction and training 137. Completion of work

PART XXVI HOT WORK 138. Risks 139. Work permit 140. Requirements

PART XXVII HAZARDOUS ENERGY 141.

Definitions 142. Occupational health and safety program 143. Work permit 144. Employer obligations 145. Approach boundaries

PART XXVIII COMPRESSED GAS 146. Hose lines 147. Compressed gas cylinders 148. Portable compressed gas cylinders

PART XXIX ABRASIVE BLASTING AND HIGH-PRESSURE WASHING 149. Employer obligations

PART XXX EXPLOSIVES 150. Definition 151. Occupational health and safety program 152. Work permit 153. Employer obligations

PART XXXI HAZARDOUS SUBSTANCES 154.

Definitions 155. Occupational health and safety program 156. Investigation and assessment 157. Employer obligations 158. Identification 159. Hazardous products - labelling 160. Hazardous products - safety data sheets 161. Exemption from requirement to disclose 162. Instruction and training 163. Provision of information in emergency

PART XXXII DIVING 164.

Definitions 165. Occupational health and safety program 166. Prohibitions 167. Instruction 168. Dive safety specialists 169. Emergency response plan 170. Emergency drills and exercises 171. Dive project plan 172. Dive contractor obligations 173. Dive record

PART XXXIII CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT 174. NLR 18/97 Amdt. 175. NLR 102/14 Rep. 176. Commencement

SCHEDULE A

SCHEDULE B 658 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 1. These regulations may be cited as the Offshore Area Occupational Health and Safety Regulations.

PART I GENERAL 2.

(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 incl udes all washrooms in that area; (b) "Act" means the Canada- Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act; (c) "advanced first a id certificate" means a certificate evidencing the holder's successful completion of a training program whose curriculum conforms to the curriculum for advanced first aid set out in CSA Group standard Z1210, "First aid training for the workplace – Curriculum and quality management for training agencies ", or, in the case of marine crew on a vessel, whose curriculum conforms to

Chapter 4 of 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,

Short title

Interpretation 659 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (

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 a ny component of one of those things, that it is disconnected from all energy s ources 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 di stribution of electricity; 660 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (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, mechan ical, 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 an other liquid de livered from a pump at a pressure exceeding 10 661 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 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" m eans 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 handli ng 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; 662 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (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 s upport 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 f or 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 Firs t Aid and Marine Medical Care"; 663 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (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 Documentatio n 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) In

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 en d 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 subsection 201.14(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. 664 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21

(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. 3.

(1) In the event of an inconsistency or conflict among provisions of these r egulations, 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.

PART II OCCUPATIONAL HEALTH AND SAFETY MANAGEMENT AND OVERSIGHT 4. The occupational health and safety policy referred to in

section 201.8 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. 5.

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

section 201.12 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; Inconsistency or conflict Occupational health and safety policy Occupational health and safety management system 665 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (

b) ensuring that employees are (

i) competent persons in respect of all tas ks 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 para graph 201.12(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 subsection 201.71(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

section 201.89 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 paragraph 201.12(2)(

g) of the Act as soon as practicable. 666 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 6.

(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 com petency 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 paragraph 201.16(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 protec tion 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; Occupational health and safety program and audit 667 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (

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 provisio ns 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 occupat ional disease, accident, incident or other hazardous occurrence and verifying the effectiveness of those measures.

(2) The audit referred to in paragraph 201.17(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 p rovides to the employer a report under subsection 201.71(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

section 201.89 or 201.90 of the Act in relation to the workplace. 668 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21

(3) The employer shall implement any improvements identified during the audit referred to in paragraph 201.17(2)(

h) of the Act as soon as practicable. 7.

(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 paragraph 201.40(5)(

d) of the Act.

(2) A workplace committee shall, for the purpose of paragraph 201.40(4)(

d) of the Act, provide a copy of the minutes of its committee meetings to any employee on request. 8. All records that are required under the Act to be kept and maintained shall be kept and maintained in a manner that ensures their accessibility. 9.

(1) The period for which an operator or employer, as the case may be, shall ensure that a document is posted under paragraph 201.94(4)(

a) of the Act is at least 45 days.

(2) Where a decision or order is appealed under subsection 201.97(1) of the Act, the operator or employer, as the case may be, shall ensure that all related documents referred to in paragraphs 201.94(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 subsection 201.97(6) of the Act. Workplace committee Record keeping Posting of documents 669 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21

PART III REPORTING AND INVESTIGATION 10. 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. 11. 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, repor t it to the employer with control over the workplace, orally or in writing. 12. 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. 13. An operator that is required under subsection 201.14(1) of the Act to notify the c hief safety officer of an occupational disease, accident, incident or other hazardous occurrence shall do so in writing. 14.

(1) An operator that is required, under subsection 201.14(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; Report to supervisor or employer Report to employer with control Employer obligations Notification of chief safety officer Investigation 670 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (

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 documenta tion and submit a copy without delay to the persons referred to in paragraphs (2)(

a) and (b).

(4) For the purpose of subsection 201.14(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) 40 years 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) 10 years 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 671 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (iii) 5 years from the day on which it is made, where it relates to any other accident or hazardous occurrence.

PART IV TRAINING – GENERAL 15. The training that an employer shall provide to each of its employees includes (

a) before the e mployee 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 installat ion or structure that is equipped with lifeboats, practice in boarding a lifeboat and securing themselves on a seat. 16. 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. Provision of general training Competent person 672 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 17. 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.

PART V EMERGENCY RESPONSE AND PREPAREDNESS 18.

(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 th e 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 p ersons 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, po sition, 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; Records Emergency response plan 673 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (

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 n ame, 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 em ergency 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 identif y the person who verified the m, 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, 674 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (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 unde r 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). 19. 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 contro l that is a marine installation or structure: (

a) a station bill containing the information referred to in subsection 7(1) of the Fire and Boat Drills Regulations (Canada) as well as a description of any additional alarm signals, the membership of all eme rgency response teams and the location of all evacuation stations Posting of information 675 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (

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

section 189.2 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 paragraph 18(2)(c), at the applicable location referred to in subparagraph (a)(ii); and (

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

i) at conspicuous locations around the workplace, and (ii) in every person's sleeping quarters. 20. 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. 21. 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 m eans 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. Instruction and training Means of evacuation 676 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 22.

(1) An employer shall ensure that the location of all equipment to be used or worn in imple menting 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 paragraph 46(

a) are provided in appropriate quantities and at appropriate locations at the workplace to facilitate esc ape, 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 paragraph 46(

b) are provided in appropriate q uantities 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 Emergency equipment 677 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (

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 ot her workplace, one immersion suit for each person at the workplace. 23. 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 ve ntilation system provided for an area where toxic or combustible gases may accumulate to hazardous levels; (

d) there is a person overboard; or Emergency alert system 678 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (

e) there is any other threat to the health or safety of persons at the workplace. 24. 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 egres s 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. 25.

(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. 26.

(1) Fire and explosion are prescribed risks for the purpose of paragraph 201.17(2)(

a) of the Act a nd 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 Emergency power source Emergency descent control Fire and explosion 679 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 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

Part XXVI.

(5) An employer shall ensure that any temporary or portable heating equipment that is used at a work place 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. 27. An employer shall equip each workplace under its control with the firefighting equipment that is appropriate for th at type of workplace and all classes of fire that may occur there. 28.

(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 selecte d 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 Firefighting equipment Fire team equipment 680 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (iii) is equipped with a personal distress alarm device; (

b) life safety ropes, belts and harnesses that conform to the design and performance requirements in National Fire Protection Association Standard NFPA 1983, "Standard on Life Safety Rope and Equipment for Emergency Services ", with the provisions of that standard pertaining to flame resistance being read as mandatory; and (

c) personal protective clothing, including boots, gloves, helm et and visor, coat and trousers , that conforms to the design and performance requirements in National Fire Protection Association Standard NFPA 1971, "Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting".

(2) The employer 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 paragr aph (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. 681 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21

(5) Notwithstanding subsection (4), the number of sets of equipment or outfits, as the case may be, that the em ployer 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. 29. The risk of a person at a workplace falling into the ocean is a prescribed risk for the purpose of paragraph 201.17(2)(

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

a) provide appropriate life -saving appliances and ensur e 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. 30.

(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 set s out the freq uency 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; Falls into ocean Emergency drills and exercises 682 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (

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; 683 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (

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

d) the length of time taken to complete the drill or e xercise, 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.

PART VI FIRST AID AND MEDICAL CARE 31. 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 in jured or ill person during transportation; and (

c) persons at the workplace have a means of quickly summoning the emergency medical evacuation service. Operator's obligations 684 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 32.

(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 physicia n, 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 div e 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 workpl ace 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; Employer obligations 685 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (

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 the y 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 leve l 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

section 189.2 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 tab le 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 1 6-10 1 plus 1 for every 2 0 0 686 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 persons in excess of 6 2 11-30 3 plus 1 for every 2 persons in excess of 10 1 0 3 31-40 13 plus 1 for every 2 persons in excess of 30 1 0 4 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 1

(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 renderi ng 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 687 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (

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 w ho 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 whic h 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 securi ng 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, 688 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (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 a n effective means of hands -free electronic communication with the physician referred to in paragraph 31(

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. 33.

(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: Medics 689 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (

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 b e overruled by anyone other than the physician referred to in paragraph 31(a); and (

b) shall follow any directions given by the physician referred to in paragraph 31(a). 34.

(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 First aiders 690 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (

b) shall remain in charge of the person's care until the fi rst 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. 35.

(1) A first aider or medic who provides care to a n 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 co ntrol 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) 40 years, in the case of treatment for an occupational disease or exposure to a hazardous substance; (b) 10 years, in the case of treatment for an injury resulting from an incident, other than exposure to a hazardous substance , or for a musculoskeletal injury, as defined in subsection 41(3) ; or (c) 5 years, in any other case. Treatment records 691 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21

PART VII EMPLOYEE WELL-BEING 36. 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. 37.

(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 paragraph 201.17(2)(

a) of the Ac t 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 inci dent reports, employee complaints, workplace committee reports and records of excess work hours kept under paragraph (

e) or subsection 39(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. Occupational health and safety program Impairment 692 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21

(3) Impairment shall be considered as a potential causal factor in the investigation of all incidents at the workplace. 38. The instruction and training that an employer shall provide to its employees includes instruction and train ing on the factors that contribute to fatigue, procedures for identifying and reporting fatigue and the role and duties of employees in managing fatigue. 39.

(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 employ er allows an employee to work without having had th e 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 wit h 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 Conve ntion on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978. 40. Thermal stress is a prescribed risk for the purpose of paragraph 201.17(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 Fatigue training Rest periods Thermal stress 693 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 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. 41.

(1) Musculoskeletal injury is a prescribed risk for the purpose of paragraph 201.17(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 musc uloskeletal 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 Musculoskeletal injury 694 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 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. 42.

(1) Workplace violence and harassment is a prescribed risk for the purpose of paragraph 201.17(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 Workplace violence and harassment 695 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (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. 43. 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.

PART VIII PERSONAL PROTECTIVE EQUIPMENT 44.

(1) The personal protective equip ment that an employee shall use or wear for the purpose of paragraph 201.24(

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. 45. 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 r egard 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; Disruptive behaviour Employee obligations Requirements 696 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (

d) is compatible with all other personal protective equipment that the emplo yer 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. 46. The personal protective eq uipment 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 need ed 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 ant icipated time needed to allow for escape by way of the planned escape route and, in any event, of not less than 15 minutes, or (ii) respirators for the purpose of escape that are selected in accordance with CSA Group standard Z94.4, "Selection, use, and care of respirators"; (

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

i) conform to Prescribed equipment 697 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (

A) Chapter II of the LSA Code and IMO Resolution MSC.81(70), with the provisions of that R esolution 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 Cha pter II of the LSA Code and IMO Resolution MSC.81(70), with the provisions of that Resolution being read as mandatory, and (ii) is appropriate for all expected environmental conditions in the vicinity of the workplace; (

d) where the employee or individua l 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 headwear — Performance, 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 confo rm to CSA Group standard Z94.3, "Eye and face protectors ", other than the provisions 698 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 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 s tandard 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 exp osed to fire or radiated heat from fire, personal protective clothing that conforms to the design and performance requirements set out in Canadian General Standards Board standard CAN/CGSB 155.20, "Workwear for protection against hydrocarbon flash fire and optionally steam and hot fluids ", or in

Chapter 7 of National Fire Protection Association standard NFPA 2112, "Standard on Flame -Resistant 699 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 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 ke ep the person's head afloat, and 700 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (

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 paragraph 109(1)(d). 47.

(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 equipment — Compressed gases for breathing apparatus"; and (

b) the system that supplies the air is tested, operated and maintained in accordance with CSA Group standard Z180.1, "Compressed breathing air and systems". 48. An employer shall ensure that each personal gas monitoring device used at a workplace under its control is bump tested before each use. 49. Notwithstanding subsection 87(2), an employer shall retain the records ref erred to in paragraph 87(1)(

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

PART IX PASSENGERS IN TRANSIT 50.

(1) The information and instruction that an operator shall, for the purpose of paragraph 201.11(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 Respiratory protective equipment Personal gas monitoring device Records Transit by helicopter 701 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (

a) an overview of the helicopter's layout and features, i ncluding 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 paragraph 201.11(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 paragraph 201.11(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 lif e preserver that conform to the " Airworthiness Manual " published by the federal Department of Transport; and 702 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (

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 paragraph 201.11(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 paragraph 602.66(1)(

c) of the Canadian Aviation Regulations in respect of the emergency underwater breat hing apparatus that is provided to them.

(5) The requirements to provide or wear a helicopter passenger transportation suit system or emergency underwater breathing apparatus or to provide training in their use do not apply in respect of any passenger in respect of whom there is an exemption, under subsection 5.9(2) of the Aeronautics Act (Canada), from the requirements under the Canadian Aviation Regulations respecting the wearing of a helicopter passenger transportation suit system or the use of an emergency underwater breathing apparatus. 51.

(1) The information and instruction that an operator shall, for the purpose of paragraph 201.11(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 Transit by vessel 703 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (

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 paragraph 201.11(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 dev ices, 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 paragraph 201.11(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 sui t that conforms to paragraph 46(b).

(4) The training that an operator shall, for the purpose of paragraph 201.11(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. 52.

(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. Safe entry and exit 704 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21

PART X WORK PERMITS 53.

(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 wo rk 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 o ut 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 circums tances 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, Contents 705 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (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. 54. 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 Occupational health and safety program 706 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 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 instru ction and training to be given to employees with respect to work permits; and (

f) record-keeping requirements in relation to work permits. 55.

(1) An employer shall ensure that (

a) every activity that requires a work permit and is c arried 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.

PART XI FACILITIES 56. This Part applies in respect of a w orkplace that is a marine installation or structure. 57.

(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; Employer obligations Application Accommodations area 707 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (

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. 58.

(1) An employer shall make a vailable 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 fl oor to ceiling.

(3) The employer shall ensure that all washrooms (

a) contain handwashing facilities as described in subsection 60(2); Washrooms 708 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (

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. 59.

(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 workpl ace may satisfy its obligations under subsection 58(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 dispo sable 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 paragraphs 58(3)(

d) to (g). 60.

(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 Portable toilet units Handwashing facilities 709 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (

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. 61.

(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. 62. 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 the ir work clothing and equipment while they are not working; Showers Changing facilities 710 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (

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. 63.

(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 Sleeping quarters 711 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (

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 mar ine 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. 64. 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. 65.

(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 u ser, 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 Dining area Smoking areas 712 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 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.

PART XII SANITATION AND HOUSEKEEPING 66. 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 paragraph 201.17(2)(

a) of the Act and an employer shall ensure, at each workplace under its control, that Waste material 713 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (

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. 67.

(1) The risks associated with the presence of pests are prescribed risks for the purpose of paragraph 201.17(2)(

a) of the Act and an employer shall ensure that the enclosed parts of each workplace under its control are constru cted, 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. 68. 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 Pests Cleanliness and orderliness 714 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (

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. 69. 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.

PART XIII FOOD AND POTABLE WATER 70. The ri sks arising from the consumption of unsafe food are, in respect of every workplace at which food is served, prescribed risks for the purpose of paragraph 201.17(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) ", wit h the recommendations in the Code being read as mandatory; Storage Food safety 715 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 (

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 th em 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. 71.

(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 paragraph 201.17(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". Potable water 716 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21

PART XIV LIGHTING 72. 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. 73. 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 quanti ty 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 se t 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) 1 Office areas: (

a) work positions at which cartography, drafting, plan reading or other tasks requiring high visual precision are performed 800 (

b) work positions at which business machines are operated or prolonged reading or writing tasks are performed 500 (

c) other areas 50 2 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 800 (

b) work positions at which close or 500 Non-application Minimum levels 717 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 prolonged attention is given to laboratory work (

c) other areas 50 3 Workshops and garages: (

a) work positions at which fine or medium bench, machine or repair work is performed 500 (

b) work positions at which rough bench, machine or repair work is performed 300 (

c) other areas 50 4 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 800 (

b) work positions at which a hazardous substance is used, stored or handled 500 (

c) work positions at which gauges and meters that are not self-illuminating are located 50 (

d) other areas 20 5 Loading platforms and warehouses: (

a) work positions at which packages or goods are checked or sorted 150 (

b) work positions at which loading or unloading work is frequently performed 100 6 Storage areas: (

a) areas in which there is a high level of activity 50 (

b) other areas 20 7 Derricks, drill floors and moon pools: (

a) work positions at which there is a high level of activity 100 (

b) other areas 20 8 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 100 (

b) other areas 50 718 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 9 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 1000 (

b) other areas 500 10 Food preparation areas: (

a) work positions at which prolonged cutting or preparation tasks are performed 1000 (

b) other areas 300 11 Dining areas and recreation areas 200 12 Sleeping quarters 100 13 Washrooms and showers 200 14 Boiler, engine, ballast control and generator rooms 200 15 Rooms in which principal heating, ventilation or air-conditioning equipment is installed 70 16 Emergency shower facilities, emergency equipment locations, muster stations, temporary refuge areas and lifeboat and life raft locations 50 74.

(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. 75. An employer shall ensure that lighting components and bulbs at each workplace under its control are handled, stored and disposed of in Emergency lighting Handling, storage and disposal 719 The Newfoundland and Labrador Gazette December 24, 2021

Offshore Area Occupational Health and Safety Regulations 79/21 accordance with the manufacturer's instru ctions and in a manner that does not pose a risk to any person.

PART XV SOUND LEVELS 76. An employer shall ensure that sound levels at each workplace under its control do not impede communication during normal or emergency operations. 77.

(1) Excessive noise is a prescribed risk for the purpose of paragraph 201.17(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 fo r at least 10 years 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. Unimpeded commu

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2021-12-24
Type	gazette
Volume / chapter	nlg20211224
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	dd2e70d696e4d646c9bee75db781d55bf58837bd

Source file is stored in the law ingest library (pdf).