Occupational Health and Safety Regulations, 2012
N.L.R. 5/12
Newfoundland and Labrador — Regulations
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NEWFOUNDLAND AND LABRADOR
REGULATION 5/12
Occupational Health and Safety Regulations, 2012
under the
Occupational Health and Safety Act
(O.C. 2012-005)
Amended by:
2018 c8
3/19
43/22
2022 cW-11.1 s168
NEWFOUNDLAND AND LABRADOR
REGULATION 5/12
Occupational Health and Safety Regulations, 2012
under the
Occupational Health and Safety Act
(O.C. 2012-005)
(Filed January 17, 2012)
Under the authority of
section 65 of the Occupational Health and Safety Act,
the Lieutenant-Governor in Council makes the following regulations.
Dated at St. Johns
, January 17, 2012.
Robert Thompson
Clerk of the Executive Council
REGULATIONS
Analysis
Short title
PART I
GENERAL
Interpretation
Application
Responsibility of division
Right to refuse work
Stop work orders
Appeal
PART II
NOTICE REQUIREMENTS
New project
Notifiable occupational diseases
Serious injury
Notification to utilities
PART III
GENERAL DUTIES
Occupational health and safety program
Occupational health and safety policy
General duties of employers
Working alone
Safe working load of equipment
General duties of workers
Safety inspections
Co-ordination of work
Two or more employers
Appointment of qualified co-ordinator
Interpretation
22.1
Risk assessment
Violence prevention
Instruction to workers
24.1
Harassment prevention plan
24.2
Training
PART IV
OCCUPATIONAL HEALTH AND SAFETY COMMITTEES, REPRESENTATIVES AND DESIGNATES
Operations of committees, representatives and designates
PART V
GENERAL HEALTH AND SAFETY REQUIREMENTS
Personal conduct
Travel over and work on ice
Guardrails
Roof work
Openings, pits and tanks
Material storage
Signage
Overcrowding
Slipping hazards
Barriers
Illumination
Compressed air
Emergency plan risk assessment
Emergency procedures
Emergency lighting
Emergency training
PART VI
OCCUPATIONAL HEALTH REQUIREMENTS
Hazardous substances
Health surveillance
Thermal environment
Ventilation
Silica regulation
Silica medical surveillance
Asbestos
Lead exposure control plan
Musculoskeletal injury prevention
MSI: risk control
MSI: education and training
MSI: evaluation
MSI: consultation
Seating or standing work
Lifting and handling
Permitted quantities
Incompatible substances
Storage of hazardous substances
Dispensing
Toilet facilities
Washing facilities
Emergency washing facilities
Work clothing and accommodations
Eating areas
Supply of drinking water
Sanitary and orderly conditions
Noise hazards
Painting, coating and working with plastics/resins
PART VII
PERSONAL PROTECTIVE EQUIPMENT
Definitions
Selection, use and maintenance
Instruction
Personal clothing and accessories
General requirements of safety headgear
Eye and face protection
Prescription safety eyewear
Contact lenses
General requirements of limb and body protection
Leg protection
Foot protection
High visibility apparel
Flame resistant clothing
Respiratory protection program
Respiratory protection
Respiratory protection equipment
Inspection and maintenance of respiratory protection equipment
PART VIII
MACHINERY AND EQUIPMENT
Definitions
Safe machinery and equipment
General requirements
Standards
Guards
Identifying unsafe equipment
Operating controls
Machinery location
Marking of hazards
Piping systems
Restraining devices
Rotating hazards
Flywheels and pulleys
Conveyor standards
Power presses, brake presses and shears
Exception for custom work
Cutting and cooling material containment
Standards for abrasive equipment
Powder actuated tools standards
Powder actuated tool use
Limitations on use of powder actuated tools
Chippers
Chain saws
Automotive lifts and vehicle supports
Pneumatic nailing and stapling tools
Drilling equipment - general requirements
Drilling equipment use
Drilling procedures
Rod handling
Self-propelled drills
Cleaning drilled holes
Abrasive blasting and high pressure washing
definitions
Risk assessment
Work procedures outside a cabinet
Substitution of abrasive blasting materials
Cleanup
Engineering controls
Exhaust ventilation
Restricted work zones
Operating procedures
PART IX
DE-ENERGIZATION AND LOCKOUT
Definitions
General requirement
When lockout required
Lockout procedures
Checking locked out equipment
Worker responsibilities
Removal of locks
Group lockout procedure
Alternative procedures
Where locks not required
Work on energized equipment
PART X
FALL PROTECTION
Definitions
Training requirement
Fall protection systems
General requirements
Fall arrest system
Nets
Debris nets
Travel restraint
Temporary flooring
PART XI
SCAFFOLDS, STAGES AND WORK PLATFORMS
Definition
Portable ladder standards
Job built ladders
Protective coatings
Inspection
Inclination and support
Length
Restrictions on use
Fixed ladders
Special purpose ladders
Definitions
Responsibilities
Standards
Scaffold stability
Guardrails and toeboards
Grounding
Lumber planks
Manufactured planks
Securing planks
Access to scaffolds
Vertical ladders
Erection and dismantling.
Spacing of components
Bracing of uprights
Cross bracing
Wood scaffolds
Extension of uprights
Laminated uprights
Bearer supports
Pumpjack scaffold
Definitions
Manufacturers specifications
Compatibility
Engineering requirements
Adjustable height bases
Spacing
Couplings
Height restriction
Outriggers
Wheels
Moving restrictions
Surface conditions
Components of tube and coupler scaffold
Cross bracing
Work platforms supported by a crane or hoist
Crane capacity
Eccentric loading
Rigging
Two block prevention
Powered booms and winches
Fall protection - suspended work platforms
Articulating booms prohibited
Travelling restriction
Communications
Definitions -elevating work platforms
Standards
Operating and maintenance manuals
Inspection and maintenance records
Shift inspection
Annual inspection and certification
Fall protection - elevating work platform
Safe access
Rated capacity
Outriggers
Controls
Immobilization of vehicles
Shear hazard
Warning devices
Transporting workers
Lift truck platform
Fall protection - lift truck
Swing stages -
definitions
Rated load
Weight identification
Prior permission
Attachment points
Securing suspension lines
Hook and clamp working load limit
Hook and clamp engagement
Tiebacks
Thrust-out beams
Counterbalance of thrust-out beams
Hook closures
Protection against damage
Fibre rope suspension
Wire rope suspension
Length of suspension ropes
Hoisting devices
Hangers or stirrups
Platform width
Safety factor
Rated load
Guardrails
Toeboards and netting
Equipment inspection
Fall protection - swing stage
Boatswain's chairs
Definitions
Permanent powered platforms
Portable powered platforms
Fall protection - powered platform
Maintenance and operating records
Window cleaning
PART XII
POWERED MOBILE EQUIPMENT
Definitions
Operation and maintenance
Competency and testing operators
Operator's responsibility
Supervisor's responsibility
Warning signal device
Lights
Rear view mirrors
Load handling attachments
Load ratings
Operative protective structures
Rollover protective structures
Rollover protective structure standards
Rollover protective structure certification
Rollover protective structure identification
Effect of rollover protective structure on visibility
Seating and standard requirements
Start of shift inspection
Securing tools and equipment
Unattended equipment
Securing elevated loads
Swinging equipment
Obstructed view
Guy lines
Pedestrian and equipment traffic
Securing loads
Restraint for cylindrical objects
Lift truck loads
Tire installation
Equipment and procedures
PART XIII
TRANSPORTATION OF WORKERS
Application
Seat belts
Securing equipment
Hazardous materials
Passenger compartments
Boarding and leaving
Seating design
PART XIV
CRANES, HOISTS AND OTHER LIFTING EQUIPMENT
Definitions
Cranes, derricks and hoists
Identification
Rated capacity
Rated capacity indication
Boom angle indicator
Boom extension and load radius indicators
Support structure
Manual
Inspection and maintenance
Inspection and maintenance records
Certification
Audible warning
Molten metal
Two-block protection
Sheave guards
Ungrounded supply
Controls
Operator protection
Cab windows
Storage
Fire extinguisher
Operator qualifications
Shift inspection
Load weight
Calibration
Unsafe lift
Swing hazards
Position of equipment
Multiple crane lift
Travelling with a load
Loads over work areas
Unattended loads
Hook position
Signals
Alternative to hand signals
Dedicated radio system
Unhooking loads
Riding hook or load
Induced voltage
Uptravel limit
Electrical conductors
Power shutoff
Direction markings
Manually powered hoists
Cranes on floating supports
Level turntable
Outriggers
Tires
Supporting surface
Travelling with a load
Boom inspection
Tower cranes
Verification before use
Identification
Structural inspection
Structures kept clean
Communication
Wind limitations
PART XV
RIGGING
Definitions
Qualified riggers
Use of rigging
Component identification
Design factors
Natural fibre rope
Wedge socket connections
Open hook restriction
Securing pins
Replacing pins
Securing ropes to drums
Wraps required
Sheaves
Guylines
Spooling tape
Termination efficiencies
Wire rope clips
Restriction on foldback eyes
Slings standards
Inspection before use
Storage
Knots
Sharp edges
Slinging loads
Multiple piece lifts
Below-the-hook lifting devices
Part of lifted load
PART XVI
TRAFFIC CONTROL
Traffic control
Traffic control person
Traffic control signals
PART XVII
CONSTRUCTION, EXCAVATION AND DEMOLITION
Definitions
Temporary floors
Protection from falling materials
Chutes
Chutes and hoists
Glass panels
Temporary support
Supervision
Concrete placing hazards
Inspections
Pre-use inspections
Controls
Emergency shutoff
Agitator guarding
Concrete pump lines
Equipment inspection
Repair certification
Restriction on use
Operator's duties
Hopper signal device
Underground utilities
Structural integrity
Hazardous materials
Disconnecting services
Glass removal
Stabilizing walls
Dismantling buildings
Stairways
PART XVIII
EXCAVATION, UNDERGROUND WORK AND ROCK CRUSHING
Definition
Entrapment danger
Pre-excavation requirements
Excavation or access
Removal of material
Faces and slopes
Excavation safety
Underground workings
Internal combustion engines
Air quality
Rock crushing control measures
Diesel engines underground
Falling ground
PART XIX
GENERAL BLASTING
Definitions
Employer's responsibility
Role of certified blaster
Security and report requirements
Examination
Records
Suspension or seizure of certificate
Custody of certificates
Day box or magazine
Prohibitions
Storage and handling
Transportation
Drilling
Handling in special circumstances
Preparing the blast loading
Safety fuse
Loaded holes
Restrictions
Electrical initiation
Pre-firing
Protection
Firing
Post-firing
Unique blasting operation
Seismic blasting
Misfire
PART XX
FIRE PREVENTION AND CONTROL
Fire protection
Fire and explosion
Trucks loading and unloading
Combustible substances
Combustible gas propellants
Hot work
PART XXI
WELDING, BURNING AND CUTTING OPERATIONS
Gas welding and burning
Compressed gas cylinders
Oxygen
Radiation protection
Burning and welding
Ventilation
Coatings on metals
Receptacles for stubs
Respiratory protection
PART XXII
ACCESS AND EGRESS
Access, egress and movement
Exits and doors
Stairs
PART XXIII
DIVING AND OTHER MARINE OPERATIONS
Definitions
Wharves, platforms, etc.
Ladders and gang planks
Lifesaving equipment
Floating work platforms
Personal flotation devices
Occupational diving operations
Instruction
Slipping and tripping hazards
Galley requirements
PART XXIV
WOODWORKING AND WOOD PRODUCTS MANUFACTURING
Circular saws
Operator protection
Cutting heads
PART XXV
FORESTRY OPERATIONS
Felling
Brush saws
Hauling
PART XXVI
ELECTRICAL OPERATIONS
Definitions
Electrical requirements
Poles and structures
Service rooms
Space around equipment
Testing equipment
Powerline hazards training
Low voltage electrical equipment - disconnection and lockout
Low voltage electrical equipment
Working close to low voltage energized equipment
Low voltage electrical equipment - controls
Grounding portable low voltage electrical equipment
Low voltage electrical equipment - ground fault interrupters
Isolation and lockout
Warning signs
De-energized high voltage systems - isolation and lockout
Person in charge
Switching sequences
Isolating devices
Grounding and blocking
Multiple authorities
Minimum clearance - high voltage equipment and conductors
Assurance in writing
Assurance not practicable
Emergency work
Authorization by owner
Tree pruning etc. - preliminary inspection
Tree pruning etc. in hazardous area
Qualifications
Control systems - general requirements
Programmable control systems
Automatic control systems
Remote control systems
Wireless remote control
PART XXVII
CONFINED SPACE ENTRY
Confined space entry
Corrective precautions
Work procedures
Entry into confined space
Explosives or flammable atmosphere
Rescue from confined space
PART XXVIII
GENERAL MINING REQUIREMENTS
Definitions
Application
Mine design
Scaling procedures
Procedure where flow of gas
Examination of mine
Unventilated or unsafe mine area
Ground control procedures
Ground control log book
Ground control
Rock bolts
Water accumulation in mine workings
Conveyor belts
Emergency stops, warning device and guarding
Conveyors general requirements
Conveyor systems
Motor vehicle braking systems
Braking requirements
Warning to traffic
Wheel chocks
Overload
PART XXIX
UNDERGROUND OPERATIONS
Definitions
Application
Mining method
Mine rescue emergency procedure
Tests and reports of emergency warning system
Tallying
Ambient air quality monitoring program
Record of result of ambient air quality monitoring program
Calibrating monitors and meters
Voice communication
Old or abandoned workings
Underground illumination
Cap lamps
Shaft pillar
Boundary pillar
Procedure when handling material
Steeply inclined raises
Raise climbers
Use of raise climbers
Overspeed safety device
Electrically powered raise climber
Electrical supply to raise climber
Presence on sub-level prohibited
Precautions for chutes
Mucking
Entry prohibited
Plotting of diamond drill holes
Escape exits from underground
Refuge station
Building near headframes, shaft house or portal house
Air supply for hoist operator
Fire doors
Boilers, engines and compressors
Reciprocating type air compressors
Noncombustible material to be used
Fire suppression system
Storage of flammable material
Fueling vehicles underground
Fuel transfer or delivery systems
Fuels on surface
Prohibition of transfer of fuel by air
Combustible refuse
Process producing flammable mixture
Hot work in mines
Mine ventilation and auxiliary ventilation systems
Fire protection for ventilating systems
Fans
Booster fan
Auxiliary fans
Brattice or vent tubes
Operating procedure for booster and auxiliary fans
Stopping fan
Ventilation monitoring
Propane installations
Internal combustion engines underground
Replacement engines
Operating vehicles
Underground locomotives
Remote controlled equipment
Clearances for rail haulage
Clearances for mobile equipment
Safety stations
Operation of vehicles on ramps
Boreholes in advance of working face
Dams and bulkheads
Placement of fill material in mine workings
PART XXX
SHAFTS, HOISTS AND CONVEYANCES
Application
Safety standard
Record books
Shaft installations
Shaft inspection
Protection of workers
Staging or equipment suspended in shaft
Use of buckets
Regular examination of safety catches
Chairing devices
Hoisting persons
Shaft conveyances
Content of certificate
Shaft conveyance without cagetender
Operation of conveyance
Riding in bucket
Prohibition of certain sinking buckets
Load in sinking bucket
Work at different elevations
Shaft mucking machine
Application
Test specimen
Examination of mechanical parts
Defects
Machinery record book
PART XXXI
EXPLOSIVES IN MINES
Definitions
Application
Blasting in mines
Storage of explosives in mines
Transporting explosives
Magazine locked
Maintenance of magazines
Grounding
Permit
Log book
Explosives used underground
Manufacturing explosives
Cutting or piercing
Cartridge explosives
Tools
Unwinding detonator leg wires
Sequential firing
Detonator leg wires
Wiring of magazines for explosives and detonators
Bulk explosives vehicle
Electric blasting
Electrical blasting devices
Procedures for hazardous dust explosions
PART XXXII
OPEN CUT WORKINGS IN MINING OPERATIONS
Definitions
Application
Protection of workings, pits and quarries
Protective curbs or berms
Heights of faces and benches
Face of open pit or quarry
Lifelines
Undercutting of face
Working of unconsolidated material
Dumping from vehicle
Ramps
Rotary drilling
Parking of vehicles
Operation of equipment
Light vehicle equipment
Lighting
Clearance lights
Mine road design
Bench and berm widths - quarries and open pits
Water control
Stockpiles
Waste dumps
Reverse when dumping
Dump raised
PART XXXIII
USE OF ELECTRICITY IN MINES
Definitions
Application
Codes and standards
Notices and information
Fire extinguishing devices
Restrictions for hazardous locations
Electrical equipment rooms
Transformers
Switchgear
Trailing and cable repair
Protection of trailing cables
Electrical trailing cable reels
Trailing cable connectors
Quick connect cable couplers
Electrical protection and control devices
Protection of underground cables
Out of service wiring
Supply systems for mobile electrical equipment
Shaft sinking equipment
Lightning protection
Radio controlled equipment
Underground electrical protection
Grounding
Unprotected electrical cable
PART XXXIV
REPEAL AND COMMENCEMENT
CNLR 1145/96 Rep.
NLR 70/09 Rep.
Commencement
Schedule
Short title
These regulations may be cited as the Occupational Health and Safety Regulations, 2012
5/12 s1
PART I
GENERAL
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Interpretation
(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 employment;
(b)
"ACGIH" means the American Conference of Governmental Industrial Hygienists;
(c)
"Act" means the Occupational Health and Safety Act
(d)
"administrative controls"
means the provision, use and scheduling of work activities and resources in the workplace, including planning, organizing, staffing and coordinating, for the purpose of controlling risk;
(e)
"ASHRAE" means the American Society of Heating, Refrigeration and Air Conditioning Engineers;
(f)
"authorized" means, in reference to a person, a qualified person designated by an employer to carry out specific functions;
(g)
"commission" means the Workplace Health, Safety and Compensation Commission continued under the Workplace Health, Safety and Compensation Act, 2022;
(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, alteration, 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, design or alteration of workstations, equipment, materials, production facilities or other aspects of the physical work environment, for the purpose of controlling risk;
(l)
"hazardous health occupation" 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)
"ISO" means the International Organization for Standardization;
(p)
"mine" means mine as defined in the Mining Act
(q)
"occupation" means an employment, business, calling or pursuit but does not include an endeavour that is not included in one of the classes of occupations in the current National Occupational Classification List developed by the Department of Human Resources and Social Development Canada in collaboration with Statistics Canada;
(r)
"occupational disease" means a disease prescribed by regulations under the Workplace Health, Safety and Compensation Act, 2022
and another disease peculiar to or characteristic of a particular industrial process, trade or occupation;
(s)
"occupational health service" means a service established in or near a workplace to maintain and promote the physical and mental well-being of workers and may include personnel, equipment, transportation, supplies and facilities;
(t)
"plant" means buildings, equipment and facilities where a worker or self-employed person is engaged in an occupation;
(u)
"professional engineer" means a person who holds a certificate of registration to engage in the practice of engineering under the Engineers and Geoscientists Act
(v)
"proof test" means a test applied to a product to determine material or manufacturing defects;
(w)
"qualified"
means being knowledgeable of the work, the hazards involved and the means to control the hazards, by reason of education, training, experience or a combination of them;
(x)
"TLV" means the documentation of threshold limit values for chemical substances and physical agents in the work environment published annually or more frequently by the ACGIH; and
(y)
"work platform" means an elevated or suspended temporary work base for workers.
(2) In these regulations, a reference to a code or guideline, unless otherwise stated, includes amendments 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 between a standard established by these regulations or a code or standard adopted by these regulations, the more stringent standard applies.
5/12 s2 ; 2022 cW-11.1 s168
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Application
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.
5/12 s3
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Responsibility of division
The division may approve and distribute educational material, information and statistics required in the administration of the Act.
5/12 s4
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Right to refuse work
(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 committee, 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.
5/12 s5
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Stop work orders
(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 division to the occupational health and safety committee, the worker health and safety representative or the workplace health and safety designate, as appropriate.
(3) A stop work order shall not be cancelled or removed from the workplace until the remedial action has been taken to the satisfaction of an officer.
5/12 s6
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Appeal
(1)An appeal under
section 33 of the Act or an application under
section 51 of the Act to the board shall contain
(
a) the name and address of the person making the appeal or the application;
(
b) the names and addresses of all other parties involved in the appeal or application; and
(
c) a statement of the grounds on which the appeal or application 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 board to be affected by the appeal or application.
(3) The parties referred to in subsection (2) shall, within 14 calendar days of receiving a copy of the appeal or application, file a reply with the board.
5/12 s7
PART II
NOTICE REQUIREMENTS
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New project
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 address 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, provide the minister, upon request, with plans showing the plant buildings and the main disposition of equipment and information relevant to processes and the nature of the substances that may be used.
5/12 s8
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Notifiable occupational diseases
(1)The occupational diseases for which notification is required under
section 60 of the Act shall be those set out in the Schedule.
(2) Notwithstanding that it is not a disease referred to in the Schedule, an employer shall inform the minister of a disease or illness affecting a worker employed by the emloyer 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.
5/12 s9 ; 43/22 s1
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Serious injury
(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 written notice to the minister advising the minister that an accident has occurred and containing the following information:
(
a) the nature of the accident;
(
b) the time and placed of the accident;
(
c) the name and address of the worker injured in the accident; and
(
d) the name and address of the physician who treated or is treating the worker for the injury.
(3) A fatality shall be reported to the minister immediately by telephone, or by whatever other means of communication that are readily 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 examined to determine
(
a) the extent of an injury suffered in the course of the workers occupation; or
(
b) whether the worker suffers from an occupational disease,
the medical report of the commission may be accepted.
5/12 s10 ; 43/22 s2
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Notification to utilities
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.
5/12 s11
PART III
GENERAL DUTIES
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Occupational health and safety program
(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 employers operations in the province and shall include:
(
a) a statement of the employers commitment to cooperate with the occupational health and safety committee and workers in the workplace in carrying out their collective responsibility for occupational health and safety;
(
b) a statement of the respective responsibilities of the employer, supervisors, the occupational health and safety committee and workers in carrying out their collective responsibility for occupational health and safety;
(
c) procedures to identify the need 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 appropriate 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, policies 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 membership records,
(ii)
procedural rules,
(iii)
access by the committee to management staff with the authority to resolve health and safety issues and to information about the employers operations required under the Act and the regulations, and
(iv)
a plan for training committee members as required under the Act;
(
g) a system for the recognition, evaluation and control of hazards that includes:
(
i) evaluation and monitoring of the workplace to identify potential hazards and the associated risks,
(ii)
procedures and schedules for regular inspections by management and committee members,
(iii)
procedures for the identification, reporting and control or correction of hazards,
(iv)
procedures for the prompt investigation of hazardous occurrences to determine the cause of the occurrence and the actions necessary to prevent a recurrence,
(
v) identification of the circumstances 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 workplace and where appropriate, the monitoring of the work environment to ensure the health and safety of workers and other persons at or near the workplace;
(
i) a system to ensure that persons contracted by the employer or for the employers benefit comply with the program developed 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 procedures to allow access to them by persons entitled to receive them under the Act; and
(
l) provision for monitoring the implementation and effectiveness of the program.
(2) An employer that is required to establish and maintain an occupational health and safety program under
section 36.1 of the Act shall
(
a) implement the occupational health and safety program; and
(
b) review and, where necessary, revise the occupational health and safety program as follows:
(
i) at least every 3 years,
(ii)
where there is a change of circumstances that may affect the health and safety of workers, and
(iii)
where an officer requests a review.
5/12 s12
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Occupational health and safety policy
(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 employers operations in the province, and shall contain a statement of the employers commitment to occupational health and safety that includes:
(
a) a statement of the employers commitment to cooperate with the worker health and safety representative or the workplace health and safety designate and 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 employer, supervisors, the worker health and safety representative or the workplace health and safety designate and other workers in carrying out their collective responsibility for occupational 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.
5/12 s13
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General duties of employers
(1)An employer shall ensure, so far as is reasonably practicable, that all buildings, structures, whether permanent or temporary, excavation, machinery, workstations, places 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 intended.
(2) An employer shall ensure that necessary protective clothing and devices are used for the health and safety of the employers workers.
(3) The employer shall ensure that safe work procedures are followed at all workplaces.
(4) An employer shall ensure, so far as is reasonably practicable, that work procedures promote the safe interaction of workers and their work environment to minimize the potential for injury.
5/12 s14 ; 43/22 s3
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Working alone
(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) identifies a hazard, appropriate controls shall be implemented to eliminate, or where elimination is not practicable, minimize the risk associated with the hazard.
(4) An employer shall develop and implement a written procedure 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 the procedure to
follow in case the worker cannot be contacted, including provisions for emergency response.
(6) A person shall be designated to establish contact with the worker at predetermined intervals and the results shall be recorded by the person.
(7) A procedure referred to in subsection (4) shall be developed in consultation with the worker assigned to work alone or in isolation, the occupational health and safety committee, the worker health and safety representative or designate, whichever applies.
(8) A procedure referred to in subsection (4) shall be reviewed at least annually, or more frequently if there is
(
a) a change in work arrangements that may adversely affect a worker's well-being or safety; or
(
b) a report that procedures are not working effectively.
5/12 s15
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Safe working load of equipment
(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 manufacturers specification or other acceptable warranty 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 necessary by an officer.
5/12 s16
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General duties of workers
(1)A worker shall make proper use of all necessary safeguards, protective clothing, safety devices, lifting devices or aids, and appliances
(
a) designated and provided for the workers protection by the employer; 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 the worker has been instructed.
(3) A worker shall immediately report a hazardous work condition that may come to the workers attention to the employer or supervisor.
5/12 s17 ; 43/22 s4
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Safety inspections
(1)Regular inspections of all buildings, excavations, structures, machinery, equipment, work practices and places of employment shall be made by the employer or the employers 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 delay.
(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 necessary to correct the unsafe condition shall be exposed to the hazard and every possible effort shall be made to control the hazard while the corrective action is taking place.
5/12 s18 ; 43/22 s5
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Co-ordination of work
(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 hazards.
(2) A principal contractor shall ensure work schedules and tasks are organized to provide safe working conditions for workers.
5/12 s19
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Two or more employers
Where a construction project involves the work of 2 or more employers or their workers,
(
a) the principal contractor shall ensure compliance with the regulations where conditions or activities affect the workers of more than one employer; and
(
b) each employer shall notify the principal contractor in advance of an undertaking likely to create a hazard for a worker of another employer.
5/12 s20
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Appointment of qualified co-ordinator
Where, at a work location, the 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 principal 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.
5/12 s21
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Interpretation
(1)In sections 23 and 24, "violence" means the attempted or actual exercise of physical force to cause injury to a worker and includes threatening statements or behaviour which gives a worker reason to believe that the worker is at risk of injury.
(2) In this
section and
section 24.1, "workplace harassment" means inappropriate vexatious conduct or comment by a person to a worker that the person knew or ought to have known would cause the worker to be humiliated, offended or intimidated.
(3) In sections 24.1 and 24.2, "harassment prevention plan" means a plan developed, implemented and maintained by an employer in accordance with
section 24.1.
(4) A reasonable action taken by an employer or supervisor relating to the management and direction of workers or the workplace is not workplace harassment.
5/12 s22 ; 3/19 s1 ; 43/22 s6
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Risk assessment
22.1
(1) An employer shall conduct a risk assessment which shall include consideration of
(
a) previous experience in the workplace;
(
b) occupational experience in similar workplaces;
(
c) the location and circumstances in which work may take place;
(
d) workplace characteristics including demographics, culture and the presence of new workers; and
(
e) issues raised by the occupational health and safety committee, the worker health and safety representative or the workplace health and safety designate.
(2) Where an employer obtains personal information in the course of conducting a risk assessment under this section, the employer shall keep the personal information confidential and shall not disclose
the personal information except for the purpose of an investigation or where required by law.
3/19 s1
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Violence prevention
(1)Where a risk of injury to workers from violence is identified by an assessment performed under
section 22.1, the employer shall
(
a) establish procedures, policies and work environment arrangements to eliminate the risk to workers from violence; and
(
b) where elimination of the risk to workers is not possible, establish procedures, policies and work environment arrangements to minimize the risk to workers.
(2) Where an employer becomes aware, or ought reasonably to be aware, that family violence that would likely expose a worker to physical injury may occur in the workplace, the employer shall take every precaution reasonable in the circumstances for the protection of the worker.
(3) In this section, "family violence" has the same meaning as in
section 3 of the Family Violence Protection Act
3/19 s1
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Instruction to workers
(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.
5/12 s24
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Harassment prevention plan
24.1
(1)An employer shall develop, implement and maintain a written harassment prevention plan in consultation with the occupational health and safety committee, the worker health and safety representative or the workplace health and safety designate.
(2) A harassment prevention plan shall
(
a) include a statement that every worker is entitled to employment free from workplace harassment;
(
b) include a statement that the employer is committed to eliminating, where possible, or otherwise, minimizing the hazard of workplace harassment;
(
c) include a statement of the worker's obligation to take reasonable care to
(
i) not engage in bullying or workplace harassment,
(ii)
report observations or experiences of bullying and workplace harassment, and
(iii)
comply with the harassment prevention plan;
(
d) include a statement of a supervisor's obligation to ensure the health and safety of workers, including the supervisor's obligation to apply and comply with the harassment prevention plan;
(
e) set out the procedures for workers to report instances of harassment to an employer or supervisor or where the employer or supervisor is the alleged harasser, the procedures to report harassment to an external third party;
(
f) set out the procedures to be followed after a complaint of workplace harassment is received and the manner in which a complaint is investigated;
(
g) include a statement that any information obtained relating to workplace harassment, including personal information, will not be disclosed unless it is necessary for the purpose of an investigation, corrective action relating to the complaint or where required by law;
(
h) set out the procedures regarding notification of results of investigations and any actions to be taken as a result of an investigation;
(
i) include a statement that the harassment prevention plan is not intended to discourage a worker from exercising the workers rights under the Human Rights Act, 2010
, the Criminal Code
(Canada) or any other law of the province or of Canada; and
(
j) include a statement that the employer shall protect workers from retaliation and provide support to workers when workplace harassment occurs.
(3) The harassment prevention plan shall be
(
a) accessible to all workers in the workplace; and
(
b) reviewed as necessary but at least annually.
(4) An employer shall investigate complaints of workplace harassment.
(5) An officer may, where the officer considers it necessary, order that an impartial third party investigate a complaint of workplace harassment.
(6) Any expenses relating to an investigation referred to in subsection (5) shall be the responsibility of the employer.
3/19 s2 ; 43/22 s7
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Training
24.2
(1)An employer shall participate in training relating to harassment prevention.
(2) An employer shall provide training to employees regarding harassment prevention and the harassment prevention plan.
3/19 s2
PART IV
OCCUPATIONAL HEALTH AND
SAFETY COMMITTEES, REPRESENTATIVES AND
DESIGNATES
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Operations of committees, representatives and designates
(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 meetings 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.
(5) A quorum of the committee shall consist of one-half of its membership, provided that both employer and worker members are equally represented.
(6) Where an agreement cannot be reached between co-chairpersons on convening a meeting 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 particularly complex or large numbers of workers are involved.
(8) A representative of the employer and
(
a) the workers of an occupational health and safety committee;
(
b) the worker health and safety representative; or
(
c) the workplace health and safety 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.
5/12 s25
PART V
GENERAL HEALTH AND
SAFETY REQUIREMENTS
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Personal conduct
(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 the employers, supervisors or workers ability to perform work responsibilities is impaired by intoxicating substances or another cause that endangers the health or safety of the employer, supervisor or worker or that of other workers.
(3) A person shall not engage in horseplay, scuffling, unnecessary running or jumping, practical jokes or other similar activity or behaviour 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.
5/12 s26 ; 43/22 s8
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Travel over and work on ice
(1)Where a worker is to travel over or work on ice and the water beneath the ice is more than one metre deep at any point, the employer of the worker shall ensure the 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.
5/12 s27
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Guardrails
(1)Guardrails shall be installed where an open-sided floor, working platform, runway, walkway or balcony is over 1.22 metres above the existing floor or ground level.
(2) Detour guardrails shall be installed where a stairway ends in direct proximity to dangerous traffic or other hazards.
(3) An employer shall ensure that a guardrail is secured so that it cannot move in any direction if it is struck or if a point on it comes in contact with a worker, materials or equipment.
(4) Guardrails shall be installed on walkways over open tanks containing harmful substances or over open tanks 1.22 metres or more in depth.
(5) Walkways and platforms installed over machinery and work areas shall be equipped with toe boards 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 intermediate rail located midway between the top rail and the working surface.
5/12 s28
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Roof work
(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 circumstances 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 circumstances 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 continuously 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 following shall be implemented:
(
a) roof brackets,
(
b) a fully decked scaffold with toeboards installed continuously along the length of the eave, and
(
c) a fall arrest system in accordance with paragraph 141
(d).
(5) Where work is done from or on a roof that has a slope equal to or greater than 9/12, under circumstances described in paragraph 141
(a), (
b) or (c), roof brackets with planks and a fall arrest system shall be used in accordance with these regulations.
(6) Crawl boards and ladders used for roof work shall be securely fastened over the ridge of the roof or be otherwise effectively anchored.
(7) An eavestrough shall not be used to support a crawl board or ladder on a roof.
5/12 s29
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Openings, pits and tanks
(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 standard 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 accessible to a worker shall be securely covered and identified.
(3) Where a vehicle service pit is used so frequently that compliance 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.
5/12 s30
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Material storage
(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 containers shall be stabilized where necessary by interlocking, strapping or other effective means of restraint.
(3) A worker shall not enter or remain in a place where there is a danger of entrapment or engulfment unless
(
a) safe access and a safe work area is provided by catwalks, walkways, barriers or other means; or
(
b) measures are taken, where practicable, to control the risk of entrapment or engulfment and, where the risk is not eliminated, 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.
5/12 s31
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Signage
Signs posted in a workplace for the purpose of providing information about health and safety shall conform with the requirement of a standard acceptable to the minister.
5/12 s32
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Overcrowding
An employer shall, to the extent 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.
5/12 s33
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Slipping hazards
(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-combustible 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 standing places are provided and kept clean.
5/12 s34
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Barriers
Where a worker may be exposed to flying fragments or particles, the worker shall be protected by an appropriate barrier or wear appropriate personal protection equipment.
5/12 s35 ; 43/22 s9
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Illumination
(1)An employer shall provide sufficient and suitable lighting, whether natural or artificial, in every part of a workplace while a worker is present and the illumination shall comply with the standards set by the American National Standards Institute - Illuminating Engineering Society, or other standards acceptable to the minister.
(2) An artificial light source or reflective surface shall be positioned, screened or provided with a shade to prevent glare or discomfort or the formation of shadows that cause eyestrain or a risk of accident 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 measures 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.
5/12 s36
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Compressed air
Compressed air shall not be used to clean clothes, machinery, work benches or floors.
5/12 s37
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Emergency plan risk assessment
(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 entrapment;
(
c) work with hazardous substances;
(
d) underground work;
(
e) work in close proximity to power lines;
(
f) work on or over water; and
(
g) workplaces where there are persons who require physical assistance to be moved.
(4) Where a workplace is a low risk workplace in the opinion of an employer, the employer shall post information about escape routes and conduct emergency drills the employer considers appropriate.
5/12 s38 ; 43/22 s10
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Emergency procedures
(1)An emergency exit route shall be provided from a work area in which the malfunctioning of equipment or a work process could create an immediate danger to a worker and the regular means of exit could become dangerous or unusable.
(2) An emergency exit route shall be designed and marked to provide quick and unimpeded exit.
(3) At least once a year an emergency drill shall be held to ensure awareness and effectiveness of the emergency exit routes and procedure, and a record of the drill shall be kept for a period of 5 years.
5/12 s39
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Emergency lighting
(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.
5/12 s40
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Emergency training
(1)A worker shall be given adequate instruction in the fire prevention and emergency evacuation procedures applicable to the workplace.
(2) A worker assigned to firefighting duties in a workplace shall be given adequate training by a qualified instructor in fire suppression methods, fire prevention, emergency procedures, organization and chain of command, firefighting crew safety and communications applicable to the workplace in accordance with National Fire Protection Association standards.
(3) Retraining for firefighting duties shall be provided periodically, but not less than once a year.
5/12 s41 ; 43/22 s11
PART VI
OCCUPATIONAL HEALTH REQUIREMENTS
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Hazardous substances
(1)An employer shall monitor the use or presence of substances at the workplace that may be hazardous to the health and safety of workers.
(2) In accordance with subsection (1), an employer shall implement a chemical and biological control program commensurate with the associated risks.
(3) In accordance with subsection (1), an employer shall eliminate hazardous substances from the workplace and where this is not practicable substitute a less hazardous substance.
(4) Where hazardous substances exist, an employer shall employ 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 reason of toxicity, flammability or reactivity creates a risk to the health or safety of workers is controlled in accordance with the Safety 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 that its use or presence is not injurious to the health of workers.
(7) An employer shall ensure that
(
a) atmospheric contamination of the workplace by hazardous substances is kept as low as is reasonably practicable;
(
b) a worker is informed of the nature and degree of health effects of the hazardous substances to which the worker is exposed;
(
c) exposure of a worker to hazardous 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 exposure 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 adjusted accordingly as outlined in the ACGIH "Threshold Limit Values (TLVs)" Manual.
(9) Adjustment of TLVs, as required, shall be done in consultation with the occupational health and safety committee, the worker health and safety representative or the workplace health and safety designate, as appropriate.
(10) Where a worker is exposed to a substance which is designated as a reproductive toxin or a sensitizer, an employer shall develop policy and procedures appropriate to the risk, which may include protective reassignment.
(11) Where workers may be exposed to contact with chemicals harmful to the skin, facilities shall be available for the worker to effectively cleanse the contaminated body areas, including, where corrosive chemicals are involved, emergency water baths, showers, jump tanks, eyewash facilities or other effective means of treatment.
(12) The policy and procedures required by subsection (10) shall include
(
a) informing workers about the reproductive toxin and identifying 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 eliminate 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.
5/12 s42 ; 2019 c8 s20
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Health surveillance
(1)In accordance with subsection 42
(2), an employer shall assess the need for and extent of health surveillance of the employers 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 shall be in accordance with the following guidelines
(
a) the International Code of Ethics for Occupational Health Professionals; and
(
b) the International Labour Organizations Technical and Ethical Guidelines for Health Surveillance.
(3) In addition, to subsections (1) and (2), the minister may
(
a) designate a workplace or class of workplaces as requiring an occupational health surveillance program; or
(
b) make requirements for modifications to an occupational health surveillance program.
(4) An employer shall ensure that an occupational health surveillance 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 accommodation from that workplace or hazard, the minister may require the employer to provide without loss of pay to the worker temporary alternative work for the time period required.
(8) An employer shall keep records of a health surveillance program 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 the employees 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 alternate arrangements that are in accordance with the guidelines of the College
of Physicians
and Surgeons of Newfoundland and Labrador
regarding the retention and storage of medical records.
5/12 s43 ; 43/22 s12
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Thermal environment
(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 monitoring equipment in a workplace where the thermal environment is likely to pose a hazard to a worker.
(3) Under unusually hot or cold working conditions an employer shall make further provision for the health and safety and reasonable thermal comfort of a worker, which may include:
(
a) regular monitoring, posting of warning devices and additional first aid measures;
(
b) provision of special equipment and clothing;
(
c) provision of screens 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 temperature source shall be identified at the source and positioned or shielded to prevent contact by a worker, 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 appropriate personal protective equipment.
5/12 s44
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Ventilation
(1)An employer shall ensure that
(
a) there is appropriate circulation 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 offensive to a worker, an employer shall provide, maintain and ensure the proper use of a ventilation system sufficient to protect the worker against inhalation of impurities and to prevent impurities accumulating in the work space.
(3) Where practicable, local exhaust ventilation shall be installed and maintained near to the point of origin of an impurity to prevent it entering the air of the workplace 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 workplace.
(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 combustion 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 exhaust 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 components.
(8) Where a worker is or may be exposed to an exhaust gas component in concentrations exceeding the applicable exposure limits, exhaust gas scrubbers, catalytic converters, or other engineering controls shall be installed.
(9) An employer, contractor or owner shall ensure that
(
a) the mechanical ventilation system
(
i) including humidification equipment, is constructed and maintained to minimize the growth and dissemination of micro-organisms, insects and mites through the ventilation system, and
(ii)
where reasonably practicable, is readily accessible for cleaning and inspection;
(
b) a qualified person inspects and maintains all parts of a mechanical ventilation system, cleans all louvers and replaces or adequately cleans all filters at a frequency that is sufficient 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, representative 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 ventilation system are taken at suitable intervals to ensure compliance with the minimum air volume requirements in accordance 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 mechanical systems designed to control all potential ignition sources and meet the requirements of the Canadian Electrical Code.
5/12 s45
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Silica regulation
(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 composed substantially of uncombined silica (Silicon Dioxide S i
O 2
(g)
"silica flour" means the ground material produced by the milling of siliceous rocks or other siliceous substances, including 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 material to a surface of a pattern or of a mould to facilitate the separation of the pattern from a mould or the separation of parts of the mould.
(2) The provisions of this
section apply wherever workers are employed in a silica process, including
(
a) sandblasting;
(
b) the cleaning of castings;
(
c) the blasting, fettling, grinding or dressing of a surface containing 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, crushing, 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 inspected at least once in every 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 practicable to isolate the worker from the air containing silica dust, and for all cleaning and maintenance work, the employer shall provide for the use of each worker who may be exposed to silica dust
(
a) approved respiratory protective equipment; and
(
b) protective clothing, including 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 clothing.
(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 that 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 the workers employment is likely to be engaged in a silica process shall be warned by the employer of the danger to the workers health of inhaling silica dust and that the risk of injury is made greater by smoking.
(11) Persons under the age of 18 shall not be employed in a silica process nor in cleaning or maintenance work likely to involve exposure to silica dust except work that is a recognized 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 enclosure;
(
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 the officer may prescribe; and
(
d) sandblasting is not done underground,
and sandblasting shall not be undertaken nor performed by an employer, 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 immediately incidental to that and the cleaning and repairing of the enclosure 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 maintained to prevent the escape of dust;
(
b) provided with an efficient dust extraction system, which is kept in continuous operation whenever the blasting enclosure is in use whether or not blasting is actually taking place, and a blasting chamber is in operation when a worker is inside the chamber;
(
c) specially inspected by a competent person once in every week in which it is used for blasting, and the enclosure, the apparatus connected with it and the ventilating plant associated with it is thoroughly examined and tested by a competent person once every month, and all results of required inspection, examinations and tests are recorded and all defects remedied without avoidable delay; and
(
d) provided with efficient apparatus for separating where practicable 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, protective blasters' helmets supplied with clean 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 assisting 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 apparatus 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 substance may be substituted; and
(
c) is not used in the manufacture of scouring powder or abrasive soaps or as an abrasive in a process.
(19) The examining physician shall record in the log the date and nature of the certificate the examining physician issues to each worker the examining physician has medically examined.
5/12 s46 ; 43/22 s13
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Silica medical surveillance
(1)An employer shall establish and maintain a system for the surveillance of the health of 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 the employee 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 companys silica control program, to require silica health surveillance as prescribed in the general health surveillance section.
(3) An employer shall not regularly 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
(
e) a medical history and physical examination emphasizing the respiratory system.
(6) A periodic health assessment shall comply with the following requirements:
(
a) the frequency of chest x-rays shall be in accordance with the silica health surveillance document;
(
b) the medical examination emphasizing 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 repeated annually unless prescribed otherwise by the physician.
(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 necessary explanation of these results;
(
b) the employer is notified of the general outcome of a workers 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 employees exposure to silica and implement 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.
5/12 s47 ; 43/22 s14
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Asbestos
(1)When work or manufacturing processes cause or are likely to cause workers to be exposed to asbestos, or dusts containing asbestos, means shall be provided to control 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 concentrations shall be controlled by adequate local exhaust ventilation with discharged air passed through an effective filter or other effective means.
(4) Where work is being done with asbestos containing materials, dust concentrations shall be controlled through adequate local exhaust ventilation with discharged air passed through an effective filter or other effective means.
5/12 s48
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Lead exposure control plan
(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 workers 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 individuals;
(
b) methods of hazard identification, assessment and control;
(
c) worker education and training;
(
d) safe work practices as required;
(
e) descriptions of personal and work site hygiene practices and decontamination practices;
(
f) processes of health monitoring, including biological testing;
(
g) methods of documentation and record keeping; and
(
h) procedures for maintenance of the plan, including annual reviews and updating.
(3) A worker shall follow the exposure 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 testing for lead is regularly conducted to confirm 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 health surveillance guidance document as prescribed by the minister.
(6) An employer shall ensure that a worker who has been exposed to lead is informed of the health surveillance requirements.
5/12 s49
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Musculoskeletal injury prevention
(1)For the purpose of this
section and sections 51
to 54
, "musculoskeletal 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 aggravated by work.
(2) An employer shall
(
a) recognize factors in the workplace that may expose workers to a risk of musculoskeletal injury; and
(
b) evaluate the risk to workers presented by the factors that have been recognized under paragraph (a).
5/12 s50
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MSI
: risk control
(1)An employer shall eliminate, or where elimination is not practicable, minimize the risk of musculoskeletal injury to a worker through the implementation of a control measure that may include one or more of the following:
(
a) providing, positioning and maintaining equipment that is designed and constructed to reduce or eliminate the risk of musculoskeletal injury;
(
b) developing and implementing safe work procedures to eliminate or reduce the risk of musculoskeletal injury;
(
c) implementing work schedules that incorporate rest and recovery periods, changes to workload or other arrangements for alternating work; and
(
d) providing personal protective equipment in accordance with
Part VII
(2) Personal protective equipment may only be used as a substitute for engineering or administrative controls where it is used in circumstances 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.
5/12 s51
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MSI
: education and training
An employer shall ensure that a worker who is or may be exposed 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 procedures, mechanical aids and personal protective equipment.
5/12 s52
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MSI
: evaluation
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 measures, where reasonably practicable.
5/12 s53
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MSI
: consultation
(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, consult 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.
5/12 s54
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Seating or standing work
(1) Where a worker in the course of work has a reasonable opportunity to sit without detriment to the work, an employer shall provide and maintain suitable seating for the worker's use to enable the worker 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 work, an employer or contractor shall provide an antifatigue mat, footrest or other suitable device to provide relief.
5/12 s55 ; 43/22 s15
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Lifting and handling
(1)An employer or contractor shall ensure, where reasonably practicable, that suitable equipment is provided and used for the handling 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 workers, or to otherwise minimize the manual handling required.
5/12 s56
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Permitted quantities
(1)The amount of a hazardous substance in a work area shall not exceed the quantity reasonably needed for work in progress, normally 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.
5/12 s57
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Incompatible substances
Substances which are incompatible shall not be stored in a manner that would allow them to mix in the event of container leakage, breakage or other similar circumstance.
5/12 s58
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Storage of hazardous substances
(1)A hazardous substance shall be stored in a designated area, in a manner which ensures that it can not readily fall, become dislodged, suffer damage, or be exposed to conditions of extreme temperature.
(2) A designated storage area for a hazardous substance shall be
(
a) designed and constructed to provide for the safe containment of the contents;
(
b) clearly identified by signs, 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.
5/12 s59
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Dispensing
Where a flammable liquid is dispensed or transferred inside a flammable liquids storage room,
(
a) the storage room shall be mechanically 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.
5/12 s60
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Toilet facilities
(1)An employer shall provide, maintain and keep clean sufficient and suitable toilet facilities for workers and shall make effective provision for lighting and heating the toilet facilities.
(2) Sufficient and suitable toilet facilities referred to in subsection (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 discretion 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 conveniently accessible to the workers at all times during work.
5/12 s61
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Washing facilities
(1)An employer shall provide and maintain for the use of workers
(
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.
(2) Where there is a high risk of contamination of workers by hazardous substances, infectious or offensive 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.
5/12 s62
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Emergency washing facilities
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.
5/12 s63
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Work clothing and accommodations
(1)An employer shall provide and maintain, for the use of workers, clean, adequate, appropriately located and suitable accommodations 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 provided.
(2) Where a worker's work clothing or skin is likely to be contaminated by hazardous substances, an employer shall
(
a) provide protective clothing and head cover appropriate to the work and hazard;
(
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 manner that prevents worker exposure to hazardous substances.
5/12 s64
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Eating areas
Where a substance used in the work or a work process is likely to contaminate a worker's person, clothing or food, an employer, contractor or owner shall ensure that a clean eating area, separate from the worksite, is available and close to washing facilities.
5/12 s65
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Supply of drinking water
An employer shall provide and maintain at suitable points conveniently accessible to all workers, an adequate supply of wholesome drinking water from a public main or other source approved by the appropriate health authority.
5/12 s66
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Sanitary and orderly conditions
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 passages;
(
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.
5/12 s67
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Noise hazards
(1)When a worker is required to work in an area in which noise levels exceed the criteria for permissible 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
Z94.2 "Hearing Protection Devices - Performances, Selection, Care and Use".
(2) Where conditions referred to in subsection (1) exist, an employer shall establish and maintain a hearing conservation program.
(3) A hearing conservation program established under subsection (2) shall comply with the following minimum requirements:
(
a) a noise survey of the workplace to identify high noise areas shall be performed in accordance with CSA
Z107.56 "Procedures for the Measurement of Occupational Noise Exposure";
(
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 occupational physician;
(
c) a hearing test, within 3 months of commencement of employment, 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 maintain signs at entrances to or on the periphery of areas where persons are exposed to high noise levels in excess of the threshold limit.
(6) A sign referred to in subsection (5) shall clearly state that a noise hazard exists and shall describe the personal protective equipment that is required.
(7) Upon termination of employment, a worker may request from the employer a record of noise exposure during the term of employment.
5/12 s68
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Painting, coating and working with plastics/resins
(1)This
section applies to a workplace in which there is spraying or the use of paint or a similar coating, fibre-reinforced resin, thermoplastic material, an expandable resin form or other similar materials.
(2) Spraying a flammable or other hazardous product is prohibited within a general work area unless effective controls have been installed to control the fire, explosion and toxicity hazards.
(3) Where practicable, a coating shall not be applied to a material 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 enclosure 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 operations 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 across the work area of at least 50 fpm shall be assured, by mechanical means where necessary, to carry vapours 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.
(9) A worker who is or may be exposed to an airborne contaminant 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 against trigger activation where the gun is dropped; and
(
c) a trigger function configured to require two distinct operations 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.
(15) Safe work procedures shall be developed for lead paint removal operations, including provisions for warning unauthorized persons, worker training, containment, ventilation, work practices, personal protective equipment worker decontamination and safe means of disposal.
5/12 s69
PART VII
PERSONAL PROTECTIVE EQUIPMENT
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Definitions
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 performed in accordance with procedures in CSA
Standard CAN/ CSA
-Z94.4 "Selection, Use, and Care of Respirators"; and
(c)
"flame resistant", in reference 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.
5/12 s70
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Selection, use and maintenance
Personal protective equipment shall
(
a) be selected and used in accordance with recognized standards and provide effective protection;
(
b) not in itself create a hazard to the wearer;
(
c) be compatible so that one item of personal protective equipment does not make another item ineffective; and
(
d) be maintained in good working order and in sanitary condition.
5/12 s71
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Instruction
An employer shall ensure that a worker who wears personal protective equipment is adequately instructed in the correct use, limitations and assigned maintenance duties for the equipment to be used.
5/12 s72
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Personal clothing and accessories
(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 machinery or with electrically energized 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, except 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.
5/12 s73
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General requirements of safety headgear
(1)Safety headgear shall be worn 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
Standard CAN/ CSA
-Z94.1 "Industrial Protective Headwear" or, in the case of emergency response personnel, the applicable National Fire Protection Association Standard.
5/12 s74
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Eye and face protection
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 the worker wears properly fitting face and eye protection appropriate to the conditions of the workplace and in accordance with the requirements of CSA
Standard CAN/ CSA
Z94.3 "Industrial Eye and Face Protectors".
5/12 s75 ; 43/22 s16
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Prescription safety eyewear
(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 the lenses are worn behind impact-rated goggles or other eye protection acceptable to the minister.
(3) Where the use of polycarbonate 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 "Practice for Occupational and Educational Eye and Face Protections".
5/12 s76
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Contact lenses
Adequate precautions shall be taken where a hazardous substance or condition may adversely affect a worker wearing contact lenses.
5/12 s77
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General requirements of limb and body protection
Where there is a danger of injury, 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.
5/12 s78
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Leg protection
A worker operating a chain saw shall wear a leg protective device with a label permanently affixed to the outer surface of the device indicating the standard it meets.
5/12 s79
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Foot protection
(1)A workers 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;
(
j) electrical shock; and
(
k) another recognizable hazard.
(3) Where a determination has been made that safety protective footwear is required to have toe protection, metatarsal protection, puncture resistant soles, dielectric protection or a combination of these, the footwear shall meet the requirements of CSA
Standard CAN/ CSA
-Z195, Protective Footwear.
5/12 s80
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High visibility apparel
A worker whose duties are regularly performed in areas and under circumstances where the worker is exposed to the danger of moving vehicles or heavy equipment shall wear distinguishing apparel containing highly visible material suitable for daytime or night time use, as appropriate.
5/12 s81 ; 43/22 s17
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Flame resistant clothing
(1)Where a worker may be exposed to a flash fire or electrical equipment flashover, an employer shall ensure that the worker wears flame resistant outerwear and uses other protective equipment appropriate to the hazard.
(2) A worker shall ensure that clothing worn beneath flame resistant outerwear and against the skin is made of flame resistant fabrics or natural fibers that do not melt when exposed to heat.
5/12 s82
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Respiratory protection program
Where required, an employer shall establish, implement and maintain, and revise where necessary, a written respiratory protection program in accordance with CSA
Standard Z94.4 "Selection, Use and Care of Respirators".
5/12 s83
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Respiratory protection
(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 necessary 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 the specifications of CSA
Code Z180.1 Compressed Breathing Air and Systems.
(4) An employer shall ensure that compressed oxygen is not used in atmosphere-supplying respiratory equipment that has previously 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 workers are working in areas where an oxygen deficient atmosphere or hazardous contaminants may be present.
(7) A rescue worker referred to in subsection (6) shall have immediate access to appropriate breathing apparatus or other aids necessary to effect a rescue.
5/12 s84
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Respiratory protection equipment
(1)An employer shall select and provide appropriate respiratory protection equipment based on the respiratory hazard to which a worker is exposed and workplace and user factors 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 hazards in the workplace, and the evaluation shall include an employee's potential exposure to respiratory hazards 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 shall 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 that is likely to prevent effective sealing of the facepiece to the facial skin; or
(
b) a condition that interferes with the face to facepiece seal or valve function.
(6) Where an employee wears corrective 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.
5/12 s85
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Inspection and maintenance of respiratory protection equipment
(1)Respiratory protection equipment that is issued for the exclusive use of an employee shall be cleaned and disinfected as often as necessary to maintain it in a sanitary condition.
(2) Respiratory protection equipment 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 equipment is inspected as follows:
(
a) equipment used in routine situations is inspected before