(This preamble is for information purposes and does not form part of the formal directive)
Thirteen standards have been simplified and amalgamated to form this directive, which contains enhancements of and
additions to the Canada Labour Code (CLC), Part II [http://laws.justice.gc.ca/cgi-bin/notice.pl?redirect=/en/L-2/16951.html],
or particularities to the Public Service not covered by the CLC. The document has been divided in sections
mirroring the organizational structure of the Canada Occupational Health and Safety Regulations (COSHR) [http://laws.justice.gc.ca/en/L-2/SOR-86-304/index.html].
For a full understanding of overall responsibilities, the directiveshould be read in concert with the Regulations. The
corresponding references to the Regulations have been inserted in brackets for your convenience. In addition, the
parties should note that, depending on the activity, the Marine Occupational Safety & Health (MOSH) Regulations [http://laws.justice.gc.ca/en/L-2/SOR-87-183/index.html],
the Aviation Occupational Safety & Health (AOSH) Regulations [http://laws.justice.gc.ca/en/L-2/SOR-87-183/index.html]
and the Safety & Health Committee & Representatives (SHCR) Regulations [http://laws.justice.gc.ca/en/L-2/SOR-86-305/index.html]may
apply.
There are also hyperlinks to Web sites, which will give the reader additional information on technical subjects.
That information, however, does not form part of this directive. Also, some provisions contained in the directive are
stronger than the minimum standards set under the Canada Labour Code, Part II.
Finally, this directive also aims at complementing the occupational health and safety programs found in the federal
public service.Like the legislation, it should be considered as a minimum standard to be exceeded by an effective
occupational health and safety program.
This directive is deemed to be part of collective agreements between the parties to the National Joint Council
(NJC) and employees are to be afforded ready access to this directive.
In cases of alleged misinterpretation or misapplication arising out of this directive, the grievance procedure, for
all represented employees within the meaning of the Public Service Labour Relations Act, will be in accordance with
section 14 (Resolution of Grievances) of the National Joint Council By-Laws[http://www.njc-cnm.gc.ca/doc.php?lang=e&SubjectID=28
]. For unrepresented employees, the departmental grievance procedure applies.
This directive is effective on January 1, 2006, unless otherwise specified.
This directive incorporates the minimum requirements of the Canada Labour Code, Part II and applicable regulations
issued pursuant to that legislation, and applies to:
- all departments and other portions of the Public Service of Canada listed in Schedules I and IV of the
Financial Administration Act, and
- any employer listed in Schedule V of the Financial Administration Act, who is a member of the National Council
and who has opted to follow this Directive.
"appropriate standard" (norme appropriée) means a standard or standards, as amended from time to time,
which provides the highest level of safety. If more than one standard meets this criterion, the standard or standards
shall be selected using the following order of precedence:
- standard prescribed by the Canada Labour Code, Part II, and applicable regulations;
- standard prescribed by provincial occupational health and safety legislation;
- standard recognized by the Standards Council of Canada or by the International Organisation for
Standardization (ISO);
- standard developed by a government organization with regard to a subject area within their jurisdiction (eg:
Health Canada, Transport Canada, Environment Canada);
- standard developed by an association recognized by a majority of qualified practitioners in the field to which
the standard is addressed (eg American Society of Heating, Refrigerating and Air-Conditioning Engineers
"ASHRAE");
- standard universally accepted by a majority of qualified practitioners.
"person in charge" (personne responsable) means a qualified person appointed by management to ensure the
safe and proper conduct of an operation or of the work of employees;
"qualified person" (personne qualifiée) means a person who because of knowledge, training and experience
is licensed or otherwise qualified to perform a specified task;
"work place committee" (comité local) means the work place health and safety committee or the health and
safety representative, as applicable.
Where there is a dispute regarding the term "qualified person", the following procedure shall be
implemented:
- The employee shall raise the matter directly with the person in charge.
- The person in charge shall review the employee's qualifications and decide upon the employee's status as a
qualified person.
- If the employee is dissatisfied with the decision, the matter shall be referred to the work place health and
safety committee.
- The work place health and safety committee shall review the matter and make recommendations to the person in
charge.
- If the work place health and safety committee does not consider itself competent to deal with the case, it
shall recommend an acceptable third party to the person in charge.
- The person in charge shall, pursuant to (d) or (e), take the recommendations into consideration, render a final
management decision and undertake the appropriate action.
If the employee does not agree with the final decision which has been rendered, a grievance may be initiated
pursuant to the NJC redress procedure.
This part of the directive enhances and/or supplements Part II (Permanent Structures) [http://laws.justice.gc.ca/en/L-2/SOR-86-304/31290.html#rid-31341]
and Part XVII (Safe Occupancy of the Work Place) [http://laws.justice.gc.ca/en/L-2/SOR-86-304/32388.html#rid-32409]
of the Canada Occupational Health and Safety Regulations and should be read in that context.
2.1.1 The requirements specified in the most current version of the National Fire Code of Canada [http://www.nationalcodes.ca/nfc/index_e.shtml],
shall be applied at every work place occupied by employees.
2.1.2 Matters respecting office accommodation, particularly where occupancy of a new or renovated office
accommodation is planned, shall be the subject of consultation between management and employees or employee
representatives.
2.2.1 To the extent practicable, the environmental conditions to be maintained in office buildings shall conform to
the requirements specified in the appropriate standard.
2.2.2 In office accommodation, air (dry bulb) temperatures during working hours should be maintained within the 20oC
- 26oC range, which is the ideal temperature operating range. Temperatures between 17oC and 20oC
and above 26oC can be uncomfortable, and occupancy should not exceed 3 hours daily or 120 hours annually in
each of these extremes. Temperatures above 26oC are deemed to be uncomfortable when the humidex reading
(Appendix A) at a given temperature equals 40 or less. Temperatures shall be measured at desk-top level in those
spaces within work stations which would be occupied by employees while they are carrying out the major part of their
normal duties.
- With regard to the uncomfortable range of temperatures described above, it is the responsibility of the deputy
head, or the designated representative, to take appropriate action to ensure that environmental conditions do not
subject employees to undue stress or discomfort. Corrective measures which shall be considered include, among others,
increased frequency of rest periods and temporary relocation of employees to work stations outside the affected area.
- An unsatisfactory condition is deemed to exist when the Humidex reading exceeds 40 (Appendix A), or when the
air temperature (dry bulb) falls below 17oC. In these cases, operations shall be stopped and employees
released from the workplace if relocation is not practicable. If instrumentation capable of accurately measuring
humidex is not practically available within one hour of a complaint being made, a temperature of 29oC or
above shall be considered unsatisfactory.
2.2.3 For the purposes of paragraph 2.2.2, conditions shall not be intentionally maintained within the marginal
zones of 17oC to 20oC and 26oC to 29oC. Such conditions should result only
from occurrences over which departments have no direct control, such as weather extremes or equipment failures.
2.3.1 Steam and hot water pipes, heaters and any other hot surfaces having surface temperatures which could injure
any person through bodily contact, shall be guarded or covered in such a manner as to prevent such direct contact.
Where asbestos lagging is used for insulation purposes, the requirements contained in the appropriate standard, shall
be followed.
2.4.1 Each glass door, and every other transparent part of a building that could be mistaken for a passageway,
shall be appropriately marked with conspicuous warning signs or symbols indicating the presence of the glass or
transparent material.
2.5.1 Where, due to the temporary removal of any cover, an opening is created into which persons may fall, barriers
shall be securely placed around such openings to protect and warn persons of the hazard.
2.6.1 Every ramp, walkway, platform or safety landing shall be fitted with railings and guards as recommended in
the appropriate standard.
2.6.2 Subject to paragraph 2.6.4, a fixed ladder that is more than 6 m in length shall be fixed with a cage,
starting at 2 m above the base level of the ladder, in such a manner that it will catch an employee who loses his
or her grip and falls backward or sideways off the ladder.
2.6.3 Subject to paragraph 2.6.5, a fixed ladder that is more than 9 m in length shall have, at intervals of
not more than 6 m, a landing or platform that:
- is at least 0.36 sq. m. in area; and
- is fitted with a guardrail at its outer edges.
2.6.4 A fixed ladder, cage, landing or platform referred to in paragraphs 2.6.2 and 2.6.3 shall be designed and
constructed to withstand all loads that may be imposed on it.
2.6.5 Paragraphs 2.6.2 and 2.6.3 do not apply to a fixed ladder that is used with a fall protection system referred
to in the Canada Occupational Health and Safety Regulations, Part XII (Safety Materials, Equipment, Devices and
Clothing) [http://laws.justice.gc.ca/en/L-2/SOR-86-304/31919.html#rid-32039],
issued pursuant to the Canada Labour Code, Part II.
2.6.6 A fixed ladder shall be:
- vertical;
- securely held in place at the top and bottom and at intermediate points not more than 3 m apart; and
- fitted with:
- rungs that are at least 15 cm from the wall and spaced at intervals not exceeding 30 cm, and
- side rails that extend not less than 90 cm above the landing or platform.
2.6.7 Every ramp shall have the minimum slope that is reasonable for the purpose for which it is used. In no case
shall the gradient exceed:
- the safe gradient recommended by the manufacturer of mobile equipment used on the ramp; or
- such lesser gradient that is safe, having regard to the mechanical condition of mobile equipment used on the
ramp, the weight of the loads transported, and the condition of the ramp surface.
2.7.1 Nothing shall be left or stored in any passageway or travelled area in a manner that may endanger the health
and safety of persons or the safe operation of vehicles moving through that passageway or area.
2.7.2 Where necessary, protection shall be provided from dangerous accumulations of ice which may fall from
overhead structures.
2.7.3 Electrical power vaults, switch and generator rooms or enclosures, and other similarly dangerous areas shall
be kept locked or otherwise made inaccessible except to authorized persons who are qualified to safely enter or
perform work in such areas.
2.7.4 Every building shall be kept in such a state of repair and maintenance so as not to endanger the health and
safety of any employee.
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