THE NEWFOUNDLAND AND LABRADOR GAZETTE EXTRAORDINARY

Part II PUBLISHED BY AUTHORITY ST. JOHN'S, FRIDAY, AUGUST 7, 2009 NEWFOUNDLAND AND LABRADOR REGULATION NLR 70/09

Extraordinary Gazette 3 August 7, 2009 NEWFOUNDLAND AND LABRADOR REGULATION 70/09 Occupational Health and Safety Regulations, 2009 under the Occupational Health and Safety Act (O.C. 2009-233) (Filed August 7, 2009) Under the authority of

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

Short title

PART I GENERAL 2.

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

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

PART III GENERAL DUTIES 12. Occupational health and safety program 13. Occupational health and safety policy 14. General duties of employers 15. Working alone

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 4 August 7, 2009 16. Safe working load of equip- ment 17. General duties of workers 18. Safety inspections 19. Co-ordination of work 20. Two or more employers 21. Appointment of qualified co- ordinator 22. Violence prevention 23. Procedures and policies 24. Instruction to workers

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

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

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

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

PART VII PERSONAL PROTECTIVE EQUIPMENT 70.

Definitions 71. Selection, use and mainte- nance 72. Instruction 73. Personal clothing and acces- sories 74. General requirements of safety headgear 75. Eye and face protection 76. Prescription safety eyewear 77. Contact lenses 78. General requirements of limb and body protection 79. Leg protection 80. Foot protection 81. High visibility apparel 82. Flame resistant clothing 83. Respiratory protection pro- gram 84. Respiratory protection

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 5 August 7, 2009 85. Respiratory protection equipment 86. Inspection and maintenance of respiratory protection equipment

PART VIII MACHINERY AND EQUIPMENT 87.

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

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

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

PART IX DE-ENERGIZATION AND LOCKOUT 127.

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

PART X FALL PROTECTION 138.

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

PART XI SCAFFOLDS, STAGES AND WORK PLATFORMS 147. Definition 148. Portable ladder standards 149. Job built ladders 150. Protective coatings 151. Inspection 152. Inclination and support 153. Length 154. Restrictions on use 155. Fixed ladders 156. Special purpose ladders 157.

Definitions

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 6 August 7, 2009 158. Responsibilities 159. Standards 160. Scaffold stability 161. Guardrails and toeboards 162. Grounding 163. Lumber planks 164. Manufactured planks 165. Securing planks 166. Access to scaffolds 167. Vertical ladders 168. Erection and dismantling. 169. Spacing of components 170. Bracing of uprights 171. Cross bracing 172. Wood scaffolds 173. Extension of uprights 174. Laminated uprights 175. Bearer supports 176. Pumpjack scaffold 177.

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

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

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 7 August 7, 2009

PART XII POWERED MOBILE EQUIPMENT 250.

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

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

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

PART XIV CRANES, HOISTS AND OTHER LIFTING EQUIPMENT 287.

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

Swing hazards 315. Position of equipment 316. Multiple crane lift 317. Travelling with a load 318. Loads over work areas 319. Unattended loads 320. Hook position 321. Signals 322. Alternative to hand signals 323. Dedicated radio system 324. Unhooking loads 325. Riding hook or load 326. Induced voltage 327. Uptravel limit 328. Electrical conductors 329. Power shutoff 330. Direction markings 331. Manually powered hoists

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 8 August 7, 2009 332. Cranes on floating supports 333. Level turntable 334. Outriggers 335. Tires 336. Supporting surface 337. Travelling with a load 338. Boom inspection 339. Tower cranes 340. Verification before use 341. Identification 342. Structural inspection 343. Structures kept clean 344. Communication 345. Wind limitations

PART XV RIGGING 346.

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

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

PART XVII CONSTRUCTION, EXCAVATION AND DEMOLITION 376.

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

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

PART XIX GENERAL BLASTING

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 9 August 7, 2009 417.

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

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

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

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

PART XXIII DIVING AND OTHER MARINE OPERATIONS 461.

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

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

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

PART XXVI ELECTRICAL OPERATIONS 477.

Definitions 478. Electrical requirements 479. Poles and structures 480. Service rooms 481. Space around equipment 482. Testing equipment 483. Powerline hazards training 484. Low voltage electrical equipment - disconnection and lockout 485. Low voltage electrical equipment

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 10 August 7, 2009 486. Working close to low volt- age energized equipment 487. Low voltage electrical equipment - controls 488. Grounding portable low voltage electrical equipment 489. Low voltage electrical equipment - ground fault in- terrupters 490. Isolation and lockout 491. Warning signs 492. De-energized high voltage systems - isolation and lock- out 493. Person in charge 494. Switching sequences 495. Isolating devices 496. Grounding and blocking 497. Multiple authorities 498.

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

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

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

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

PART I GENERAL 2.

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

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

Short title

Interpretation

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 11 August 7, 2009 (c) "Act" means the Occupational Health and Safety Act; (d) "administrative controls" means the provision, use and scheduling of work activities and resources in the workplace, including planning, organizing, staffing and coordinating, for the purpose of controlling risk; (e) "ASHRAE" means the Ameri can Society of Heating, Re- frigeration and Air Conditioning Engineers; (f) "authorized" means, in re ference to a person, a qualified person designated by an employer to carry out specific func- tions; (g) "commission" means the Workplace Health, Safety and Compensation Commission established under the Workplace Health, Safety and Compensation Act; (h) "competent" means a person who is (

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 12 August 7, 2009 duction facilities or other aspects of the physical work envi- ronment, for the purpose of controlling risk; (l) "hazardous health occupa tion" means an occupation from which an occupational disease may arise; (m) "hot work" means work which involves burning, welding, cutting, grinding, using fire or spark producing tools or other work that produces a source of ignition; (n) "injury" means (

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

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 13 August 7, 2009 and mental well-being of workers and may include person- nel, equipment, transportation, supplies and facilities; (r) "plant" means buildings, equipment and facilities where a worker or self-employed person is engaged in an occupation; (s) "professional engineer" m eans a person who holds a certifi- cate of registration to engage in the practice of engineering under the Engineers and Geoscientists Act; (t) "proof test" means a test applied to a product to determine material or manufacturing defects; (u) "qualified" means being knowledgeable of the work, the hazards involved and the mean s to control the hazards, by reason of education, training, experience or a combination of them; (v) "TLV" means the documentation of threshold limit values for chemical substances and phy sical agents in the work en- vironment published annually or more frequently by the ACGIH; and (w) "work platform" means an el evated or suspended temporary work base for workers.

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

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 14 August 7, 2009

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

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

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

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

(1) Stop work orders shall (

a) be posted in the workplace; and (

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

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

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

(1) An appeal under

section 33 of the Act or an application un- der

section 51 of the Act to the board shall contain (

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 15 August 7, 2009 (

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

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

(2) The board shall (

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

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

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

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

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

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

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

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 16 August 7, 2009 affecting a worker in his or her empl oy that is determined by a medical practitioner to be an occupational or work related disease or illness.

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

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

a) places life in jeopardy; (

b) produces unconsciousness; (

c) results in substantial loss of blood; (

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

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

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

g) causes the loss of sight in an eye.

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

a) the nature of the accident; (

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

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 17 August 7, 2009

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

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

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

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

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

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

PART III GENERAL DUTIES 12.

(1) An occupational health and safety program required under

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 18 August 7, 2009 (

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

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

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

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

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

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

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 19 August 7, 2009 (iii) procedures for the iden tification, reporting and control or correction of hazards, (iv) procedures for the prom pt investigation of hazardous occurrences to determine the cause of the occurrence and the actions necessary to prevent a recurrence, (

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

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

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

section and the Act and regulations; (

j) an emergency response plan; (

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

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

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

section 36.1 of the Act shall (

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 20 August 7, 2009 (

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

(1) An occupational health and safety policy required under

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

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

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

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

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

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 21 August 7, 2009

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

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

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

a) in case of an emergency; or (

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

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

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

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

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

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

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 22 August 7, 2009 (

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

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

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

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

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

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

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

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

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

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

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

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 23 August 7, 2009

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

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

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

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

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

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

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

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

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 24 August 7, 2009 21. Where, at a work location, th e overlapping or adjoining work activities of 2 or more employers create a hazard to workers and the combined work force at the workplace is more than 5 persons, the prin- cipal contractor shall (

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

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

(1) In this

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

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

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

a) previous experience in the workplace; (

b) occupational experience in similar workplaces; and (

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

section 22 the employer shall (

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 25 August 7, 2009 24.

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

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

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

(1) An employer shall ensure that (

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

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

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

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

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

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

(4) An occupational health and safety committee shall (

a) meet within 2 weeks of its establishment; (

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 26 August 7, 2009

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

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

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

(8) A representative of the employer and (

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

b) the worker health and safety representative; or (

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

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

a) the occupational health and safety committee; (

b) the worker health and safety representative; or (

c) the workplace health and safety designate.

PART V GENERAL HEALTH AND SAFETY REQUIREMENTS 26.

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 27 August 7, 2009 perform work responsibilities is impaired by intoxicating substances or another cause that endangers his or her health or safety or that of other workers.

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

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

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

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

a) before work begins; and (

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

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

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

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 28 August 7, 2009

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

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

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

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

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

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

b) or (c) (

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

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

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

d) shall be implemented.

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

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

a) roof brackets, (

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 29 August 7, 2009 (

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 30 August 7, 2009 (

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

i) shall use a lifeline and harness prescribed in

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

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

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

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

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 31 August 7, 2009 the American National Standards Institute - Illuminating Engineering Society, or other standards acceptable to the minister.

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

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

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

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

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

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

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

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

a) work at high angles; (

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 32 August 7, 2009 (

d) underground work; (

e) work in close proximity to power lines; (

f) work on or over water; and (

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

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

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

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

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

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

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

a) emergency shutdown procedures, and (

b) evacuation of workers from the premises. 41.

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 33 August 7, 2009 methods, fire prevention, emergency procedures, organization and chain of command, firefighting crew safety and communications appli- cable to the workplace in accordance with National Fire Protection As- sociation standards.

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

PART VI OCCUPATIONAL HEALTH REQUIREMENTS 42.

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

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

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

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

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

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

(7) An employer shall ensure that (

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 34 August 7, 2009 (

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

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

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

e) where a substance referred to in paragraph (

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

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

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

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 35 August 7, 2009

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

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

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

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

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

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

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

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

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

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

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 36 August 7, 2009

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

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

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

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

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

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

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

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 37 August 7, 2009

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

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

b) provision of special equipment and clothing; (

c) provision of sc reens or shelters; (

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

e) limited work schedules with rest periods; and (

f) other appropriate controls and measures.

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

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

(1) An employer shall ensure that (

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

b) there is adequate ventilation; and (

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 38 August 7, 2009 against inhalation of impurities a nd to prevent impurities accumulating in the work space.

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

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

(5) An employer shall ensure that, (

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

b) louvers are cleaned regularly; and (

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

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

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

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

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

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

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

a) the mechanical ventilation system

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 39 August 7, 2009 (

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

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

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

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

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

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

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 40 August 7, 2009 46.

(1) In this

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

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

(2) The provisions of this

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 41 August 7, 2009 (

a) sandblasting; (

b) the cleaning of castings; (

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

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

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

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

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

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

a) total or partial enclosure of the process; (

b) efficient local exhaust ventilation; (

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

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

(4) An employer shall ensure that (

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 42 August 7, 2009 inspected at least once in ever y 7 days and is certified by a competent person at least once in every calendar year; and (

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

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

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

a) approved respiratory protective equipment; and (

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

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

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

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 43 August 7, 2009

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

(12) An employer shall ensure that (

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

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

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

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

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

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

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

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 44 August 7, 2009 (

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

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

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

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

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

(18) An employer shall ensure that silica flour (

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

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 45 August 7, 2009

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

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

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

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

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

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

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

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

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

a) an occupational history; (

b) a respiratory questionnaire; (

c) a pulmonary/lung function test; (

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 46 August 7, 2009 (

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

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

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

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

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

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

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

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

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

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

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 47 August 7, 2009 tos, means shall be provided to co ntrol asbestos dust from exceeding the threshold limit value established by the ACGIH or lower where practically attainable.

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

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

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

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

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

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

(2) The exposure control plan shall include (

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

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

c) worker education and training; (

d) safe work practices as required; (

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 48 August 7, 2009 (

g) methods of documentation and record keeping; and (

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

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

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

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

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

(1) For the purpose of this

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

(2) An employer shall (

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

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

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

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 49 August 7, 2009 (

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

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

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

d) providing personal protectiv e equipment in accordance with

Part VII.

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

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

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

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

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

b) where the monitoring referred to in paragraph (

a) identifies a risk of musculoskeletal injury that is not or has not been eliminated or reduced, implement additional control meas- ures, where reasonably practicable. MSI: education and training MSI: evaluation

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 50 August 7, 2009 54.

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

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

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

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

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

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

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

(1) An employer or contractor shall ensure, where reasonably practicable, that suitable equipment is provided and used for the han- dling of heavy or awkward loads.

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

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

(2) Bulk or reserve quantities of a hazardous substance shall be stored in a designated area separate from the work area. MSI: consultation Seating or standing work Lifting and handling Permitted quantities

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 51 August 7, 2009 58. Substances which are incompatible shall not be stored in a man- ner that would allow them to mix in the event of container leakage, breakage or other similar circumstance. 59.

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

(2) A designated storage area fo r a hazardous substance shall be (

a) designed and constructed to provide for the safe containment of the contents; (

b) clearly identified by sign s, placards or similar means; (

c) designed and maintained to allow the safe movement of workers, equipment and material; (

d) provided with adequate ventilation and lighting; and (

e) in a location not normally occupied by workers, including a lunchroom, eating area, change room, clothing storage locker or passenger compartment of a vehicle. 60. Where a flammable liquid is disp ensed or transferred inside a flammable liquids storage room, (

a) the storage room shall be mech anically ventilated at a rate of at least 18 m3/hr a square metre of floor area (1 cfm/sq ft), but not less than 250 m3/hr (150 cfm); (

b) exhaust air shall be discharged to the outdoors, and makeup air provided; (

c) makeup air duct passing through a fire separation shall be equipped with an approved fire damper; and (

d) doors shall be self-closing. 61.

(1) An employer shall provide, maintain and keep clean suffi- cient and suitable toilet facilities for workers and shall make effective provision for lighting and heating the toilet facilities. Incompatible sub- stances Storage of hazard- ous substances Dispensing Toilet facilities

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 52 August 7, 2009

(2) Sufficient and suitable toilet facilities referred to in subsec- tion (1) include the following: (

a) one suitable toilet to be provided for up to 10 workers and one additional toilet for every 20 workers or fraction of those likely to be present; (

b) additional toilets to be provided where toilet facilities are likely to be used by persons in addition to workers; (

c) where both males and females are employed, separate toilets shall be provided and suitably identified for workers of each sex; (

d) where a toilet is designated for males, the employer may replace not more than two thirds of the toilets with urinals; (

e) where more than 100 males work or are likely to work on a shift and sufficient urinal accommodations are provided, the requirements of paragraph (

a) may be reduced at the discre- tion of an officer; (

f) a toilet that is under cover and positioned and partitioned off to secure privacy shall have a proper door and fastenings; (

g) doors and partitions shall extend at all parts from not more than 30.48 centimetres and not less than 1.83 metres above floor level; (

h) a supply of toilet tissue shall be maintained in a toilet stall at all times and easily cleanable covered receptacles shall be provided for waste materials; and (

i) the toilets shall be convenie ntly accessible to the workers at all times during work. 62.

(1) An employer shall provide an d maintain for the use of work- ers (

a) adequate and suitable facilities for personal washing; and (

b) a supply of clean hot and cold or warm water, soap and clean towels or other suitable means of cleaning or drying. Washing facilities

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 53 August 7, 2009

(2) Where there is a high risk of contamination of workers by hazardous substances, infectious or of fensive materials as a part of the regular work processes at a place of employment, an employer shall (

a) where reasonably practicable, provide and maintain suitable, adequate and clean facilities for changing and showering; and (

b) allow sufficient time during normal working hours for a worker to use those facilities without loss of pay or other benefits. 63. An employer shall ensure that (

a) appropriate emergency washing facilities are provided in a work area where a worker's eyes or skin may be exposed to harmful or corrosive materials or other materials which may burn or irritate; (

b) only a potable water supply is used in a plumbed emergency eyewash facility and that only potable water or an isotonic saline flushing solution is used in a portable (non-plumbed) eyewash unit; (

c) access to emergency eyewash and shower facilities is not blocked by material or equipment; and (

d) selection of emergency washing facilities is based upon an assessment of the risks present in the workplace. 64.

(1) An employer shall provide and maintain, for the use of workers, clean, adequate, appropri ately located and suitable accommo- dations for street clothing not worn during working hours and where it is necessary to protect the street clothing from becoming wet, dirty or contaminated by work clothing, separate accommodation shall be pro- vided.

(2) Where a worker's work clothing or skin is likely to be con- taminated by hazardous substances, an employer shall (

a) provide protective clothing and head cover appropriate to the work and hazard; Emergency washing facilities Work clothing and accommodations

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 54 August 7, 2009 (

b) provide a suitably located changing area; and (

c) ensure that the clothing and head cover are handled and cleaned or disposed of in a ma nner that prevents worker ex- posure to hazardous substances. 65. Where a substance used in the wo rk or a work process is likely to contaminate a worker's person, cl othing or food, an employer, con- tractor or owner shall ensure that a clean eating area, separate from the worksite, is available and close to washing facilities. 66.

An employer shall provide and maintain at suitable points con- veniently accessible to all workers, an adequate supply of wholesome drinking water from a public main or other source approved by the ap- propriate health authority. 67. An employer shall ensure that the workplace is sanitary and kept as clean as is reasonably practicable and that (

a) accumulated dirt and refuse is removed daily by a suitable method from floors, working surfaces, stairways and pas- sages; (

b) floors are cleaned at least once a week by washing, vacuum cleaning or other effective and suitable means; (

c) interior walls and partitions, ceilings, passages and staircases are kept in a reasonable state of repair and suitably finished and maintained; and (

d) floors, platforms, stairs and walkways used by workers are kept in a state of good repair and free of hazards. 68.

(1) When a worker is required to work in an area in which noise levels exceed the criteria for permissi ble noise exposure established by the ACGIH Noise Threshold Limit Values (TLVs) (

a) the employer shall first take appropriate action to implement control measures to reduce noise to acceptable levels; and (

b) where it is not practicable to reduce the noise to acceptable levels or to isolate workers from the noise, the workers shall wear personal protective equipment in accordance with CSA Eating areas Supply of drinking water Sanitary and orderly conditions Noise hazards

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 55 August 7, 2009 Z94.2 "Hearing Protection De vices - Performances, Selec- tion, Care and Use".

(2) Where conditions referred to in subsection (1) exist, an em- ployer shall establish and maintain a hearing conservation program.

(3) A hearing conservation program established under subsec- tion (2) shall comply with the following minimum requirements: (

a) a noise survey of the wor kplace to identify high noise areas shall be performed in accord ance with CSA Z107.56 "Pro- cedures for the Measurement of Occupational Noise Expo- sure"; (

b) hearing tests for every worker exposed to noise levels in excess of permissible levels to be conducted on an annual basis or where recommended by an audiologist or occupa- tional physician; (

c) a hearing test, within 3 months of commencement of em- ployment, for each new worker who is exposed to noise in excess of the permissible levels; and (

d) mandatory training and education for all workers in the health hazards of noise and the fitting, maintenance, care and use of hearing protection.

(4) A hearing conservation program shall be documented and those records shall be kept by the employer or the employer designate while the worker remains employed by the employer.

(5) An employer shall post and ma intain signs at entrances to or on the periphery of areas where persons are exposed to high noise lev- els in excess of the threshold limit.

(6) A sign referred to in subsect ion (5) shall clearly state that a noise hazard exists and shall describe the personal protective equipment that is required.

(7) Upon termination of empl oyment, a worker may request from the employer a record of noise exposure during the term of em- ployment.

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 56 August 7, 2009 69.

(1) This

section applies to a workplace in which there is spray- ing or the use of paint or a similar coating, fibre-reinforced resin, ther- moplastic material, an expandable resin form or other similar materials.

(2) Spraying a flammable or other hazardous product is prohib- ited within a general work area unless effective controls have been in- stalled to control the fire, explosion and toxicity hazards.

(3) Where practicable, a coating shall not be applied to a mate- rial that is about to be welded.

(4) A work area or enclosure where hazardous materials are handled or used shall be posted with suitable signs or placards warning workers of the hazards within the identified restricted access area and stating the precautions for entry into the area.

(5) Where practicable, a ventilated spray booth or other enclo- sure designed to control worker exposure shall be used during (

a) an operation or process which involves spraying paint or resin; (

b) lay-up or moulding of reinforced plastic; or (

c) an application of a paint, coating or insulation containing a sensitizer including an isocyante compound, or similar op- erations using toxic materials.

(6) The air velocity through a horizontal flow spray booth, a vertical flow, down-draft or other enclosure required by subsection (5) shall be as prescribed by a standard acceptable to the minister.

(7) In outdoor applications of materials or processes listed in subsection (5), an air velocity acros s the work area of at least 50 fpm shall be assured, by mechanical means where necessary, to carry va- pours and aerosols away from the breathing zone of a worker.

(8) A ventilation system subject to heavy concentrations of over-spray from the operation shall have an arrester filter which is maintained in good operating condition and replaced when the pressure drop across the filter exceeds the design criteria. Painting, coating and working with plastics/resins

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 57 August 7, 2009

(9) A worker who is or may be exposed to an airborne contami- nant generated by a spray operation involving a sensitizing agent shall be provided with and shall wear air-supplied respiratory protection.

(10) Only a qualified person authorized by the employer may operate (

a) an airless spray unit of the type which atomizes paint and fluid at pressure; (

b) a spray paint powered by compressed air in excess of 10 psi; or (

c) a chopper spray gun unit.

(11) An airless spray gun shall have (

a) a means to electrically bond the gun to the paint reservoir and pump; (

b) a guard that protects agains t trigger activation where the gun is dropped; and (

c) a trigger function configured to require two distinct opera- tions by the user to activate the release of paint or fluid through the nozzle, or a safety device which prevents the nozzle tip from coming into contact with the worker.

(12) Emissions from operations involved in heating plastics to temperatures which may release thermal decomposition products shall be removed from the workplace by local exhaust ventilation when there is a risk of harm to a worker from exposure to these emissions.

(13) A resin foam installation process performed indoors shall be controlled or contained so that an unprotected worker is not exposed to emissions by using an enclosure or portable local exhaust ventilation or by scheduling arrangements.

(14) A resin foam installation process performed outdoors and relying on natural ventilation shall be completed in an area restricted to authorized personnel wearing adequate personal protective equipment.

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 58 August 7, 2009

(15) Safe work procedures shall be developed for lead paint re- moval operations, including provisions for warning unauthorized per- sons, worker training, containment, ventilation, work practices, per- sonal protective equipment worker de contamination and safe means of disposal.

PART VII PERSONAL PROTECTIVE EQUIPMENT 70. In this Part (a) "fit check" means a negative or positive pressure check of a respirator's fit, performed in accordance with the respirator manufacturer's instructions; (b) "fit test" means a quantitative or qualitative fit test per- formed in accordance with pr ocedures in CSA Standard CAN/CSA-Z94.4 "Selection, Use, and Care of Respirators"; and (c) "flame resistant", in refere nce to clothing, means made of a material that, due to its inherent properties or as a result of treatment by a flame retardant, slows, terminates or prevents flaming combustion. 71. Personal protective equipment shall (

a) be selected and used in accordance with recognized stan- dards and provide effective protection; (

b) not in itself create a hazard to the wearer; (

c) be compatible so that one item of personal protective equip- ment does not make another item ineffective; and (

d) be maintained in good working order and in sanitary condi- tion. 72. An employer shall ensure that a worker who wears personal protective equipment is adequately instructed in the correct use, limita- tions and assigned maintenance duties for the equipment to be used.

Definitions Selection, use and maintenance Instruction

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 59 August 7, 2009 73.

(1) The personal clothing of a worker shall be of a type and in a condition which does not expose the worker to an unnecessary or avoidable hazard.

(2) Where there is a danger of contact with moving parts of ma- chinery or with electrically energi zed equipment, or where the work process presents similar hazards (

a) the clothing of a worker shall fit closely about the body; (

b) dangling neckwear, bracelets, wristwatches, rings or similar articles shall not be worn, ex cept for medical alert bracelets which may be worn with transparent bands that hold the bracelets snugly to the skin; and (

c) cranial and facial hair shall be confined or worn at a length which shall prevent it from being snagged or caught in the work process. 74.

(1) Safety headgear shall be wo rn by a worker where there is a danger of head injury from falling, flying or thrown objects, or other harmful contacts.

(2) Safety headgear shall meet the requirements of CSA Stan- dard CAN/CSA-Z94.1 "Industrial Prot ective Headwear" or, in the case of emergency response personnel, the applicable National Fire Protec- tion Association Standard. 75. Where a worker handles or is exposed to materials or conditions that are likely to injure or irritate the eye or face, an employer shall ensure that he or she wears proper ly fitting face and eye protection ap- propriate to the conditions of the workplace and in accordance with the requirements of CSA Standard CAN/CSA Z94.3 "Industrial Eye and Face Protectors". 76.

(1) Prescription safety eyewear shall meet the requirements of CSA Standard CAN/CSA Z94.3 "Industrial Eye and Face Protectors".

(2) Bifocal and trifocal glass lenses shall not be used where there is a danger of impact unless th e lenses are worn behind impact- rated goggles or other eye protection acceptable to the minister. Personal clothing and accessories General require- ments of safety headgear Eye and face pro- tection Prescription safety eyewear

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 60 August 7, 2009

(3) Where the use of polycarbonat e or plastic prescription lenses is impracticable due to the conditions of the workplace and there is no danger of impact, a worker may use prescription lenses made of treated safety glass meeting the requirements of ANSI Standard Z87.1 "Prac- tice for Occupational and Educational Eye and Face Protections". 77. Adequate precautions shall be taken where a hazardous sub- stance or condition may adversely af fect a worker wearing contact lenses. 78.

Where there is a danger of inju ry, contamination or infection to a worker's skin, hands, feet or body , the worker shall wear properly fitting protective equipment appropriate to the work being done and the hazards involved. 79. A worker operating a chain saw shall wear a leg protective de- vice with a label permanently affixed to the outer surface of the device indicating the standard it meets. 80.

(1) A worker’s footwear shall be of a design, construction, and material appropriate to the protection required.

(2) To determine the appropriate protection under subsection (1) the following factors shall be considered: (

a) slipping; (

b) uneven terrain; (

c) abrasion; (

d) ankle protection; (

e) foot support; (

f) crushing potential; (

g) temperature extremes; (

h) corrosive substances; (

i) puncture hazards; Contact lenses General require- ments of limb and body protection Leg protection Foot protection

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 61 August 7, 2009 (

j) electrical shock; and (

k) another recognizable hazard.

(3) Where a determination has b een made that safety protective footwear is required to have toe protection, metatarsal protection, punc- ture resistant soles, dielectric protection or a combination of these, the footwear shall meet the requirements of CSA Standard CAN/CSA- Z195, Protective Footwear. 81. A worker whose duties are regularly performed in areas and under circumstances where he or she is exposed to the danger of mov- ing vehicles or heavy equipment shall wear distinguishing apparel con- taining highly visible material suitable for daytime or night time use, as appropriate. 82.

(1) Where a worker may be expose d to a flash fire or electrical equipment flashover, an employer sh all ensure that the worker wears flame resistant outerwear and uses other protective equipment appro- priate to the hazard.

(2) A worker shall ensure that clothing worn beneath flame re- sistant outerwear and against the skin is made of flame resistant fabrics or natural fibers that do not melt when exposed to heat. 83. Where required, an employer shall establish, implement and maintain, and revise where necessary, a written respiratory protection program in accordance with CSA Sta ndard Z94.4 "Sel ection, Use and Care of Respirators". 84.

(1) When a worker is or may be exposed to an oxygen deficient atmosphere or harmful concentrations of air contaminants, atmospheric contamination shall be prevented to the extent practicable by accepted engineering controls and when engineering or other controls are not practicable, appropriate respiratory protection equipment shall be used in accordance with this section.

(2) Respiratory protection equipment shall be provided by an employer when the equipment is nece ssary to protect the health of a worker.

(3) An employer shall ensure that compressed air, compressed oxygen, liquid air and liquid oxygen used for respiration comply with High visibility apparel Flame resistant clothing Respiratory protec- tion program Respiratory protec- tion

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 62 August 7, 2009 the specifications of CSA Code Z 180.1 Compressed Breathing Air and Systems.

(4) An employer shall ensure that compressed oxygen is not used in atmosphere-supplying respiratory equipment that has previ- ously used compressed air.

(5) Access points shall display signs warning that respiratory protection equipment is required and naming the contaminant or hazard involved.

(6) An employer shall ensure that sufficient workers who are trained in rescue procedures are immediately available whenever work- ers are working in areas where an oxygen deficient atmosphere or haz- ardous contaminants may be present.

(7) A rescue worker referred to in subsection (6) shall have im- mediate access to appropriate breathi ng apparatus or other aids neces- sary to effect a rescue. 85.

(1) An employer shall select an d provide appropriate respiratory protection equipment based on the respiratory hazard to which a worker is exposed and workplace and user f actors that affect the performance and reliability of the equipment.

(2) The equipment referred to in subsection (1) shall be certified by the National Institution of Occupational Safety and Health and used in compliance with the conditions of its certification.

(3) An employer shall identify and evaluate the respiratory haz- ards in the workplace, and the eval uation shall include an employee's potential exposure to respiratory h azards and an identification of the contaminant's chemical composition and physical state.

(4) Where an employer cannot identify the exposure referred to in subsection (3), the employer sh all take immediate precautions to protect a worker from immediate danger.

(5) An employer shall not permit a respirator with a tight-fitting facepiece to be worn by an employee who has (

a) hair on the face or scalp th at is likely to prevent effective sealing of the facepiece to the facial skin; or Respiratory protec- tion equipment

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 63 August 7, 2009 (

b) a condition that interferes wi th the face to facepiece seal or valve function.

(6) Where an employee wears co rrective glasses or goggles or other personal protective equipment, the employer shall ensure that the equipment is worn in a manner that does not interfere with the seal of the facepiece to the face of the user.

(7) Where a tight-fitting respirator is used by an employee, an employer shall ensure that the employee performs a user seal check before each use. 86.

(1) Respiratory protection equipm ent that is issued for the ex- clusive use of an employee shall be cleaned and disinfected as often as necessary to maintain it in a sanitary condition.

(2) Respiratory protection equipmen t that is issued for the use of more than one employee shall be cleaned and disinfected before being worn by different individuals.

(3) An employer shall ensure that respiratory protection equip- ment is inspected as follows: (

a) equipment used in routine situations is inspected before each use and after cleaning; (

b) equipment maintained for use in emergency situations is inspected at least once monthly and according to the manu- facturer’s recommendations, and is checked for proper func- tion before and after each use; and (

c) emergency escape only equipment is inspected before being carried into the workplace for use.

(4) Where an inspection conducted under subsection (3) reveals damage, the equipment shall be discarded.

PART VIII MACHINERY AND EQUIPMENT 87. In this

Part Inspection and maintenance of respiratory protec- tion equipment

Definitions

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 64 August 7, 2009 (a) "guard" means a type of safeguard consisting of a physical barrier which prevents a worker from reaching over, under, around or through the barrier to a moving part or point of operation; (b) "point of operation" means the danger area in a machine where a

part is being formed or work is being done; (c) "power transmission part" means a moving part of a machine that transfers power from a power source to a point of opera- tion; (d) "safeguard" means the use of a guard, a safety device, a shield, an awareness barrier, warning signs, or other appro- priate means, either singly or in combination, to provide ef- fective protection to workers from hazards; (e) "safety device" means a type of safeguard consisting of an arrangement of operating controls, an active or passive physical restraint, an interlock, or a presence sensing device which ensures that a worker cannot access or be in a hazard- ous area while a machine is operating; and (f) "shield" means a type of safeguard consisting of a physical cover or barrier which restricts but does not prevent access to a hazardous moving part or a point of operation. 88.

(1) An employer shall ensure that each tool, machine and piece of equipment in the workplace is (

a) capable of safely performing the functions for which it is used; and (

b) selected, used and op erated in accordance with (

i) the manufacturer's recommendations and instructions, where available, (ii) safe work practices, and (iii) the requirements of these regulations. Safe machinery and equipment

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(2) Except as otherwise provided in these regulations, the instal- lation, inspection, testing, repair, maintenance or modification of a tool, machine or piece of equipment shall be carried out (

a) in accordance with the manufact urer's instructions or a stan- dard acceptable to the minister; or (

b) as specified by a professional engineer.

(3) Where equipment or a structur e is dismantled in whole or in part and subsequently reassembled, it shall not be used until completely checked and found to be safe for operation or occupancy. 89. Except as otherwise provided in these regulations, an employer shall ensure that machinery and equi pment is fitted with adequate safe- guards that (

a) protect an em ployee from contact with hazardous power transmission parts; (

b) ensure that an employee cannot access a haza rdous point of operation; and (

c) safely contain material ej ected by the work process that could be hazardous to an employee. 90.

(1) The application, design, construction and use of safeguards, including an opening in a guard and the reach distance to a hazardous part, shall meet the requirements of CSA Standard Z432 "Safeguarding of Machinery".

(2) A safeguard shall be capable of effectively performing its intended function. 91.

(1) A fixed guard shall not be modified to be readily removable without the use of tools.

(2) A guard shall be designed, where practicable, to allow lubri- cation and routine maintenance without the removal of the guard. 92. An unsafe tool, machine or piece of equipment shall be removed from service and identified in a manner that ensures that it is not inad- vertently returned to service until it has been made safe for use. General require- ments Standards Guards Identifying unsafe equipment

Occupational Health and Safety Regulations, 2009 70/09 Extraordinary Gazette 66 August 7, 2009 93.

(1) Powered equipment other than portable powered tools or mobile equipment shall have (

a) starting and stopping contro ls located within easy reach of the operator; (

b) controls and switches clearly identified to indicate the func- tions that they serve; (

c) controls positioned, designed or shielded to prevent inadver- tent activation; (

d) where two-hand controls are installed, controls designed to require concurrent use of both hands to operate the equip- ment, and to require both controls to be released before an- other machine cycle can be initiated; and (

e) control systems meeting the requirements of these regula- tions.

(2) Portable powered tools and mobile equipment shall have operating controls that conform to an appropriate standard acceptable to the minister. 94. A machine shall be located or sa feguarded so that operation of the machine does not endanger a work er using a normal passage route about the workplace or operating an adjacent machine. 95. A physical hazard shall be identified and marked in a manner that clearly identifies th e hazard to an affected worker in accordance with a standard acceptable to the minister: 96.

A piping system containing substances shall be clearly identi- fied in a manner known to an aff ected worker and the identification markings on a piping system shall be maintained in a legible condition. 97. Effective means of restraint shall be used (

a) on a connection of a hose or a pipe where inadvertent dis- connection could be dangerous to a worker; (

b) where unplanned movement of an object or component could endanger a worker; or Operating controls Machinery location Marking of hazards Piping systems Restraining devices

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c) to secure an object from falling and endangering a worker. 98. Where a worker may be exposed to contact with rotating parts, such as friction drive, shafts, c ouplings and collars, set screws and bolts, keys and keyways, and projecting shaft ends, the parts shall be guarded. 99. A pit for a flywheel or pulley shall have curbs or toeboards around the upper edge of the pit. 100.

(1) Except as otherwise provided in these regulations, a con- veyor shall meet the requirements of ANSI Standard ANSI/ASME B20.1-1993 "Safety Standards for Conveyors and Related Equipment".

(2) A conveyor shall have guards or sideboards to prevent mate- rial from falling from the conveyor into areas occupied by workers where the falling material creates a risk of injury.

(3) A conveyor shall have an emergency stopping system except where worker access to the conveyor is prevented by guarding.

(4) Where a conveyor emergency stopping system uses a pull wire, the system shall activate by a pu ll of the wire in any direction, or by a slack cable condition.

(5) A conveyor emergency stopping system shall be designed and installed so that after an emergency stop manual resetting is re- quired before the conveyor can be restarted.

(6) A conveyor shall not be restarted after an emergency stop until inspection has determined it can be operated safely. 101. Point of operation safeguarding, and the design, construction and reliability of the operating contro ls of a power press, brake press, ironworker or shear shall meet the requirements of the following appli- cable standard: (

a) CSA Standard CAN/CSA-Z142 "Code for Power Press: Health, Safety, and Guarding Requirements"; (

b) ANSI Standard B11.4-1993 "American National Standard for Machine Tools -- Shears -- Safety Requirements for Con- struction, Care, and Use"; or Rotating hazards Flywheels and pulleys Conveyor standards Power presses, brake presses and shears

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c) ANSI Standard B11.5-1988 (R1994) "American National Standard for Machine Tools -- Ironworkers -- Safety Re- quirements for Construction, Care, and Use". 102. The safeguarding for the point of operation of a brake press may be removed upon application to and approval by the minister where custom or different bends are being done with each cycle of the ma- chine, provided that safe work pr ocedures are followed, and safeguard- ing is replaced upon completion of the custom work. 103. Cutting or cooling fluids, metal chips and turnings from ma- chine tool work shall be contained. 104. An abrasive wheel shall be guarded, used and maintained to meet the requirements of ANSI Standard B7.1-