18.1 The definitions in this section apply in this Part.

“contaminated environment” means

(a) a point of discharge of effluent from a sewer, a water or sewage treatment plant or an industrial plant;

(b) a site where chemical or biological effluent has accumulated; or

(c) the site of an oil or radioactive spill. (environnement contaminé)

“decompression table” means a table or set of tables that shows a schedule of rates for the safe ascent of a diver from depth in order to minimize the risk of decompression sickness. (table de décompression)

“dive supervisor” means a qualified person who has been designated by the employer to be in charge of a diving operation at the dive site, including the health and safety of its divers. (chef de plongée)

“diver” means a qualified person who performs work under water. (plongeur)

“diver’s flag” means the rectangular red flag set out in Schedule I, each side of which is not less than 50 cm in length, that has a white diagonal stripe extending from the tip of the hoist to the bottom of the flag. (pavillon du plongeur)

“diver’s tender” means a qualified person who attends to a diver for the duration of a dive. (assistant du plongeur)

“hyperbaric chamber” means a pressure vessel and associated equipment designed to subject humans to greater-than-atmospheric pressures. (caisson hyperbare)

“International Code Flag A” means the white and dark blue flag set out in Schedule II, which is not less than 1 m in height. (pavillon A du code international)

“liveboating” means the support of a diving operation from a vessel that is not at anchor, made fast to the shore or a fixed structure, or aground. (plongée avec bateau-soutien)

“no-decompression limit” means the maximum time that can be spent at a depth without requiring a decompression stop. (limite de remontée sans palier)

“surface supply dive” means a diving operation where a diver is supplied with breathing mixtures by a life support umbilical from the surface. (plongée non autonome)

“therapeutic recompression” means the treatment of a diver in a hyperbaric chamber in accordance with generally accepted tables and practices. (recompression thérapeutique)

“type 1 dives” means diving operations

(a) the primary purpose of which is

(i) to conduct scientific, archaeological or other research operations, or

(ii) to gather evidence or information relating to a crime;

(b) that

(i) do not require decompression,

(ii) do not involve diving in the vicinity of underwater pressure differentials,

(iii) are not related to the search, construction, repair or inspection of ships, bridge piers, wharves, dry docks, underwater tunnels, or water control and water intake facilities, and

(iv) do not involve using underwater welding or cutting equipment; and

(c) the depth of which does not exceed 40 m. (plongées de type 1)

“type 2 dives” means diving operations other than type 1 dives. (plongées de type 2)

SOR/98-456, s. 1; SOR/2002-208, s. 39.

18.2 This Part does not apply to diving operations to which the Canada Oil and Gas Diving Regulations, the Nova Scotia Offshore Area Petroleum Diving Regulations or the Newfoundland Offshore Area Petroleum Diving Regulations apply.

SOR/98-456, s. 1.

18.3 (1) Division I applies to type 1 dives and type 2 dives.

(2) Division II applies to type 2 dives.

SOR/98-456, s. 1.

18.4 (1) Every employer shall establish written procedures and requirements that are to be followed and met by employees involved in diving operations and that specify which of those procedures and requirements

(a) apply to each type of dive in which the employees are likely to engage, including the qualifications of the dive team members;

(b) are to be implemented or met to counter any known hazards, including those arising out of contaminated or potentially contaminated environments, low visibility, hazardous water flow conditions and entrapment; and

(c) deal with emergency situations and the evacuation of dive team members.

(2) Every employer shall review the procedures referred to in paragraph (1)(c) at least once a year and, if necessary, revise those procedures.

(3) The procedures and requirements referred to in subsection (1) shall be available to all employees involved in diving operations.

SOR/98-456, s. 1.

18.5 (1) Every employer shall ensure that an employee required to dive has received instruction and training with respect to

(a) the types of dives in which the employee is likely to participate; and

(b) the equipment that the employee is likely to use.

(2) Every employer shall ensure that an employee involved in diving operations demonstrates on an annual basis that the employee is competent to perform the types of dives in which the employee is likely to participate.

(3) Every employer shall ensure that persons who are not employees and who dive with employees demonstrate that they are competent to perform the types of dives in which they will participate.

SOR/98-456, s. 1.

18.6 (1) Every employer shall ensure that an employee required to dive has been trained in first aid and cardio-pulmonary resuscitation and in the recognition of the symptoms and the management of diving-related injuries.

(2) Where oxygen equipment for therapeutic purposes is provided at the dive site, the employer shall ensure that an employee required to dive or act as a diver’s tender is trained in its use.

SOR/98-456, s. 1.

18.7 (1) Every employer shall ensure that an employee required to dive has

(a) received a medical examination within the last two years; and

(b) been declared fit to dive, or fit to dive with specified restrictions, by the examining physician.

(2) For the purposes of subsection (1), the examining physician shall use as a guideline the factors and tests listed in Appendices A and B of CSA Standard CAN/CSA-Z275.2-92, Occupational Safety Code for Diving Operations, published in English in April 1992 and in French in February 1994, as amended from time to time.

(3) Where the physician examining the employee pursuant to subsection (1) declares the employee fit to dive with specified restrictions, the employer shall not permit the employee to dive otherwise than in accordance with the specified restrictions.

(4) Every employer shall ensure that a diver who has been treated for a pressure-related injury or illness does not dive unless written clearance for further diving is given by a physician.

SOR/98-456, s. 1.

18.8 (1) If a diver considers himself or herself unfit to dive owing to illness, fatigue or any other cause, the diver shall inform the employer of that fact.

(2) An employer who has been notified pursuant to subsection (1) shall not permit the employee to dive.

SOR/98-456, s. 1.

18.9 (1) Every employer shall ensure that, for each dive, the dive team develops a dive plan that identifies the surface and underwater conditions and hazards likely to be encountered, including those arising from contaminated environments and underwater pressure differentials, and that specifies

(a) the duties of each dive team member;

(b) the diving equipment to be used;

(c) the breathing supply requirements, including the reserve supply;

(d) the thermal protection to be used;

(e) the repetitive dive factor;

(f) the no-decompression limit;

(g) the emergency procedures to be followed;

(h) the communication methods to be used;

(i) for a type 1 dive that is a scuba dive, whether there is a need for a diver’s tender;

(j) the circumstances in which the dive must be terminated;

(k) the procedures to be followed to ensure that machinery, equipment or devices that could create a hazard have been locked out; and

(l) whether lifelines must be used.

(2) In the case of a type 1 dive, the dive plan referred to in subsection (1) shall also specify whether there is a need for a standby diver.

(3) In the case of a type 2 dive that requires decompression, the dive plan referred to in subsection (1) shall also specify the decompression schedule to be used.

SOR/98-456, s. 1.

18.10 (1) Subject to subsections (3) and (4) and Division II, every employer shall ensure that a dive team consisting of at least two divers is present at every dive site.

(2) One member of the dive team referred to in subsection (1) shall be designated as the dive supervisor.

(3) A diver’s tender shall be present at any surface supply dive.

(4) A dive boat operator shall be present at any dive carried out from a boat or vessel.

SOR/98-456, s. 1.

18.11 Every employer shall ensure that, for the duration of a surface supply dive, the diver’s tender devotes his or her entire time and attention to the work of a diver’s tender.

SOR/98-456, s. 1.

18.12 Every employer shall ensure that, for the duration of a type 2 dive carried out from a boat or vessel, the dive boat operator devotes his or her entire time and attention to the work as a dive boat operator.

SOR/98-456, s. 1.

18.13 A standby diver shall be present at all times when type 2 dives are in progress.

SOR/98-456, s. 1.

18.14 Where a standby diver is needed pursuant to subsection 18.9(2) or section 18.13, the standby diver shall

(a) be trained and equipped to operate at the depth at which and in the circumstances in which a submerged diver is operating;

(b) be readily available to assist the submerged diver in the event of an emergency; and

(c) not dive or be required to dive except in an emergency.

SOR/98-456, s. 1.

18.15 Every employer shall, for the purposes of paragraph 18.9(1)(g), arrange for

(a) assistance in the event of an emergency;

(b) medical support on a 24-hour-a-day basis and a suitable means of communication between the dive site and that medical support; and

(c) evacuation of a diver to a hyperbaric chamber if necessary.

SOR/98-456, s. 1.

18.16 Every employer shall ensure that, when a diver shows any indication of a pressure-related injury or requires therapeutic recompression,

(a) the necessary first-aid treatment is initiated; and

(b) the medical support referred to in paragraph 18.15(b) is notified immediately.

SOR/98-456, s. 1.

18.17 Diving operations, repetitive dives and the treatment of divers shall be carried out in accordance with generally accepted decompression tables and procedures.

SOR/98-456, s. 1.

18.18 Every employer shall ensure that the following flags are conspicuously displayed at or in close proximity to the dive site whenever diving operations are conducted in areas of marine traffic:

(a) the International Code Flag A, hoisted from any vessel, boat or platform used in support of a dive in such a manner as to ensure all-round visibility of the dive site; and

(b) one or more diver’s flags from a white buoy which may be equipped with

(i) a light, in which case the light shall be yellow and flashing, and

(ii) reflecting material, in which case the reflecting material shall be yellow.

SOR/98-456, s. 1.

18.19 Every diving operation shall be conducted under the supervision of a dive supervisor.

SOR/98-456, s. 1.

18.20 The primary duties of the dive supervisor shall include

(a) ensuring that every member of the dive team is familiar with the dive plan;

(b) ensuring that every member of the dive team understands the member’s duties, including the emergency procedures to be followed;

(c) ensuring, before each dive, that all necessary equipment is available and in good operating condition; and

(d) supervising the entire diving operation.

SOR/98-456, s. 1.

18.21 Immediately before each dive, the dive supervisor shall review the nature of any hazards at the dive site and ensure that all divers are fully aware of the hazards likely to be encountered in the diving operation.

SOR/98-456, s. 1.

18.22 Every employer shall, for the purposes of paragraph 18.9(1)(h), ensure that all means of communication used at the dive site are

(a) appropriate for the operation; and

(b) understood by all members of the dive team.

SOR/98-456, s. 1.

18.23 (1) Every employer shall ensure that a reserve breathing supply sufficient to allow the safe termination of a dive is immediately available to the diver.

(2) Where required by the dive plan, the reserve breathing supply referred to in subsection (1) shall be carried by the diver.

SOR/98-456, s. 1.

18.24 Every employer shall ensure that air compressors and filter systems are tested annually and produce breathing mixtures that meet the requirements of clause 3.8 of CSA Standard CAN/CSA-Z275.2-92, Occupational Safety Code for Diving Operations, published in English in April 1992 and in French in February 1994, as amended from time to time.

SOR/98-456, s. 1.

18.25 Where a dive plan requires that oxygen for therapeutic purposes be available, the employer shall supply

(a) demand-type oxygen therapy equipment; and

(b) an adequate quantity of oxygen.

SOR/98-456, s. 1.

18.26 (1) Every employer shall ensure that all diving equipment used by employees is

(a) designed for its intended use and maintained in a condition that ensures its continuing operation for the purpose and at the depth for which it was designed; and

(b) inspected, tested, maintained and calibrated by a qualified person at intervals recommended by the manufacturer and whenever the equipment is thought to be defective.

(2) Every employer shall ensure that diving equipment used by persons who are not employees and who are granted access to the work place is in a condition that ensures its operation for the purpose and at the depth for which it was designed.

SOR/98-456, s. 1.

18.27 (1) Immediately before each dive, every diver shall check that all the equipment the diver requires is present, properly fastened in place and functioning.

(2) Before beginning a descent, every diver shall conduct the check specified in subsection (1) again in the water.

SOR/98-456, s. 1.

18.28 (1) Every employer shall ensure that whenever diving operations are carried out from a diving station located more than 2 m above the water, the divers are transported through the air-water interface by a cage, basket or platform.

(2) Every employer shall ensure that a stationary platform from which a diver works, or any cage, basket or platform on or in which a diver is lowered to or raised from an underwater work place, and any associated hoisting devices and tackle,

(a) are used for the purpose for which they were designed; and

(b) do not in themselves create a hazard.

(3) Any cage, basket or platform and any associated equipment referred to in subsection (2) shall be dedicated to the diving operations until the dive is completed.

SOR/98-456, s. 1.

18.29 Floating equipment used in diving operations, including a vessel that is anchored or moored, shall not be moved or relocated while a diver is in the water unless the dive supervisor agrees to the move or relocation.

SOR/98-456, s. 1.

18.30 The employer shall ensure that, when a floating platform, vessel or boat is used in support of the dive, it remains on site at all times while a diver is in the water.

SOR/98-456, s. 1.

18.31 (1) Every employer shall ensure that, where a dive plan requires the use of a lifeline to tether a diver, the lifeline

(a) is free of knots and splices, other than knots and splices necessary to attach the lifeline to the diver and the dive site;

(b) has a breaking strength of not less than 1400 kg;

(c) is secured to the diver so as to prevent loss of contact with the diver; and

(d) is secured at the surface to a safe point of anchorage.

(2) A lifeline shall always be used in dives taking place under ice.

(3) Every employer shall ensure that a lifeline is tended at all times by a diver’s tender.

SOR/98-456, s. 1.

18.32 Every submersible pressure gauge and every depth gauge shall be inspected by a qualified person

(a) before being used for the first time;

(b) thereafter at intervals not exceeding 12 months; and

(c) whenever the gauge is thought to be defective.

SOR/98-456, s. 1.

18.33 (1) Where an employee finds a defect in any diving equipment, including pressure gauges and depth gauges, that may render it unsafe for use, the employee shall immediately report the defect to the employer.

(2) An employer shall mark or tag as unsafe and remove from service any diving equipment, including pressure gauges and depth gauges, that may be used by employees where a defect may render it unsafe for use.

SOR/98-456, s. 1.

18.34 A dive shall be terminated in accordance with the dive plan referred to in subsection 18.9(1) or when

(a) a dive team member requests termination;

(b) a diver loses contact with or fails to respond correctly to a communication from a diving partner;

(c) a diver loses contact with or fails to respond correctly to a communication from the diver’s tender;

(d) a diver’s primary breathing supply fails; or

(e) a diver becomes aware of any sign of a malfunction of equipment or any sign or symptom of diver distress.

SOR/98-456, s. 1.

18.35 Every employer shall ensure that, on completion of a dive, a diver remains under observation for a period of time sufficient to ensure the health and safety of the diver.

SOR/98-456, s. 1; SOR/2002-208, s. 41.

18.36 (1) An employer shall not allow a diver to fly at an altitude greater than 300 m above the altitude of the dive site unless the following period of time has elapsed:

(a) 12 hours following a no-decompression dive;

(b) 24 hours following a decompression dive; or

(c) such time as is specified by a physician who treated the diver for a pressure-related injury.

(2) Subsection (1) does not apply to an emergency air evacuation.

(3) In the event of an emergency air evacuation, provision shall be made to furnish the diver with oxygen, and the flight altitude and in-flight conditions shall be those recommended by the attending physician or dive supervisor.

SOR/98-456, s. 1.

18.37 (1) Every diver shall report to the employer any occurrence that has caused a diving-related injury to the diver.

(2) The employer shall investigate the occurrence reported pursuant to subsection (1) and keep a written record of its findings.

SOR/98-456, s. 1.

18.38 (1) Every employer shall ensure that a dive record is kept and maintained for every diver.

(2) The record referred to in subsection (1) shall contain, for each dive,

(a) the date of the dive;

(b) the dive location;

(c) the name of the diver;

(d) the name of the standby diver, if any;

(e) the name of the diver’s tender, if any;

(f) the signature of the diver and the dive supervisor; and

(g) the breathing mixture used, if other than air.

(3) The record referred to in subsection (1) shall also contain, for each type 1 dive,

(a) the total elapsed time, measured in minutes, from the time the diver leaves the surface to the time the diver begins final ascent, rounded to the next whole minute;

(b) the maximum depth reached; and

(c) any unusual incident or condition, including emergency decompression time.

(4) The record referred to in subsection (1) shall also contain, for each type 2 dive,

(a) the type of diving equipment used;

(b) the time the diver leaves the surface;

(c) the maximum depth reached;

(d) the time the diver begins final ascent;

(e) the time the diver reaches the surface;

(f) the decompression schedule used, if any; and

(g) any unusual incident or condition.

(5) The employer shall keep the record referred to in subsection (1) for a period of 12 months after the date of the dive.

SOR/98-456, s. 1.

18.39 (1) Every employer shall keep a dated dive record for each diver that shall include

(a) the year in which the dive occurs;

(b) the maximum depth reached;

(c) the total elapsed time, measured in minutes, from the time the diver leaves the surface to the time the diver begins final ascent, rounded to the next whole minute;

(d) the breathing mixture used, if other than air;

(e) any unusual incident or condition;

(f) any occurrence reported pursuant to subsection 18.37(1); and

(g) a copy of any record referred to in subsection 18.37(2).

(2) The employer shall annually supply the record referred to in subsection (1) to the diver and keep a copy for a period of five years after the date on which the diver ceases to be employed by the employer.

SOR/98-456, s. 1.

18.40 Every employer shall keep a record of all diver instruction and training received and all competency demonstrations given pursuant to section 18.5, for as long as the employee is employed by the employer as a diver.

SOR/98-456, s. 1.

18.41 Every employer shall maintain a record of each air quality test performed pursuant to section 18.24 for a period of five years after the date on which the test was made.

SOR/98-456, s. 1.

18.42 Every employer shall maintain a record of each equipment inspection, test, maintenance and calibration performed pursuant to paragraph 18.26(1)(b) for a period of five years after the date on which the inspection, test, maintenance or calibration was performed.

SOR/98-456, s. 1.

18.43 Underwater approaches to water control and intake facilities where underwater pressure differentials may be encountered shall be made in accordance with sections 18.44 to 18.46.

SOR/98-456, s. 1.

18.44 Every employer shall ensure that a diver working near a facility referred to in section 18.43 wears a lifeline tended from a position outside the approach area.

SOR/98-456, s. 1.

18.45 Every employer shall ensure that any diver required to approach an underwater intake pipe, tunnel or duct is provided with the means to differentiate the intake from any other similar intake in the dive area.

SOR/98-456, s. 1.

18.46 (1) Subject to subsection (2), every employer shall ensure that

(a) a diver is not allowed to approach any underwater intake or structure where underwater pressure differentials may be encountered until the flow of water is stopped or controlled; and

(b) the flow of water is not re-established until the diver leaves the water or until the dive supervisor has determined that the diver is clear of the approach area referred to in paragraph (a).

(2) Where the flow of water referred to in subsection (1) cannot be stopped, the employer shall assess the safety of a diver approaching the intake by determining flow patterns using reliable indicators, direct measurements or calculations.

SOR/98-456, s. 1.

18.47 No employer shall permit a diver to approach a work place that may be hazardous because of the operation of machinery or equipment, unless the machinery or equipment is secured against inadvertent movement and made inoperable for the duration of the dive.

SOR/98-456, s. 1.

18.48 Where there is a likelihood that a diver may be entrapped, the employer shall ensure that

(a) a two-way voice communication system between the diver and the diver’s tender is provided; and

(b) a second dive team, equipped to rescue a diver in the event of an emergency, is present at the dive site.

SOR/98-456, s. 1.

18.49 (1) The initiation of underwater explosive charges at a dive site shall be under the direct control of the dive supervisor.

(2) A two-way voice communication system shall be provided when explosives are being used at a dive site, unless the voice communication system itself would pose a hazard.

SOR/98-456, s. 1.

18.50 Every employer shall ensure that a hyperbaric chamber meeting the requirements of CSA Standard CAN/CSA Z275.1-93, Hyperbaric Facilities, published in English in December 1993 and in French in January 1995, as amended from time to time, for Class A (double-lock type) hyperbaric chambers, is available and in operable condition whenever

(a) a decompression dive is occurring; or

(b) the depth of a dive is to exceed 40 m.

SOR/98-456, s. 1.

18.51 Every employer shall ensure that a hyperbaric chamber is operated by a qualified person.

SOR/98-456, s. 1.

18.52 (1) Every employer shall ensure that a second source of power capable of supplying sufficient power to operate all essential diving equipment is available in the event of failure of the primary power source.

(2) Every employer shall ensure that the second source of power referred to in subsection (1) is capable of

(a) being rapidly brought on line; and

(b) operating all equipment essential to the diving operation.

SOR/98-456, s. 1.

18.53 Sections 18.54 to 18.62 apply to surface supply type 2 dives.

SOR/98-456, s. 1.

18.54 Where the planned depth of a dive does not exceed 40 m, there shall be at least three persons present at the dive site, of whom

(a) at least two are divers, one of whom is a standby diver; and

(b) at least one is a diver’s tender.

SOR/98-456, s. 1.

18.55 The diver’s tender or the standby diver of a diving operation, the depth of which does not exceed 40 m, shall be designated as the dive supervisor.

SOR/98-456, s. 1.

18.56 Where the planned depth of a dive exceeds 40 m, there shall be at least four persons at the dive site, of whom

(a) at least two are divers, one of whom is a standby diver;

(b) one is the dive supervisor; and

(c) one is the diver’s tender.

SOR/98-456, s. 1.

18.57 Every employer shall ensure that, except in an emergency, each surface supply diver in the water has a separate diver’s tender.

SOR/98-456, s. 1.

18.58 (1) The voice communication system provided between a diver and the surface shall

(a) allow the diver’s breathing to be heard at the surface; and

(b) include a recording system where the maximum depth of the dive is greater than 55 m.

(2) An emergency signal system must be in effect during a diving operation to supplement the primary communication system.

SOR/98-456, s. 1.

18.59 A reserve breathing supply appropriate for the dive shall be carried by each diver.

SOR/98-456, s. 1.

18.60 Every employer shall ensure that nonreturn valves are

(a) fitted to all diving helmets and surface supply diving masks; and

(b) checked daily before the commencement of diving operations in accordance with the manufacturer’s recommendations.

SOR/98-456, s. 1.

18.61 Every employer shall ensure that every life support umbilical incorporates a lifeline rigged to prevent stress on the air line.

SOR/98-456, s. 1.

18.62 Every employer shall ensure that, in a liveboating operation,

(a) a method that will prevent the lifeline or life support umbilical from becoming entangled in the propellers is used;

(b) the diver’s tender is a qualified person for the type of tending used; and

(c) the vessel operator is a qualified person.

SOR/98-456, s. 1.

18.63 Sections 18.64 to 18.67 apply to type 2 dives in the course of which divers use scuba.

SOR/98-456, s. 1.

18.64 In a diving operation where the diver is tethered to the surface by a lifeline or float, there shall be at least three persons present at the dive site, of whom

(a) one is a standby diver; and

(b) one is a diver’s tender.

SOR/98-456, s. 1.

18.65 In a diving operation where the diver is not tethered to the surface by a lifeline or float, there shall be a through-water, two-way voice communication system between the divers and between the divers and the surface, and at least four persons present at the dive site, of whom

(a) three are divers, one of whom is a standby diver; and

(b) one is a diver’s tender.

SOR/98-456, s. 1.

18.66 One of the employees on the surface shall be designated as the dive supervisor of the scuba diving operation.

SOR/98-456, s. 1.

18.67 (1) Subject to subsection (2), dives shall be limited to a depth not exceeding 40 m.

(2) A diver may dive to a depth greater than 40 m for the purpose of saving a life provided that, where conditions permit, the diver is

(a) secured by a lifeline; and

(b) tended by a diver’s tender.

SOR/98-456, s. 1.

GRAPHIC IS NOT DISPLAYED, SEE SOR/98-456, S. 1

 SOR/98-456, s. 1

GRAPHIC IS NOT DISPLAYED, SEE SOR/98-456, S. 1

 SOR/98-456, s. 1

19.1 (1) The employer shall, in consultation with and with the participation of the policy committee, or, if there is no policy committee, the work place committee or the health and safety representative, develop, implement and monitor a program for the prevention of hazards in the work place that is appropriate to the size of the work place and the nature of the hazards and that includes the following components:

(a) an implementation plan;

(b) a hazard identification and assessment methodology;

(c) hazard identification and assessment;

(d) preventive measures;

(e) employee education; and

(f) a program evaluation.

(2) Subsection (1) applies in respect of every work place controlled by the employer and, in respect of every work activity carried out by an employee in a work place that is not controlled by the employer, to the extent that the employer controls the activity.

SOR/2005-401, s. 2.

19.2 The employer shall

(a) develop an implementation plan that specifies the time frame for each phase of the development and implementation of the prevention program;

(b) monitor the progress of the implementation of the preventive measures; and

(c) review the time frame of the implementation plan regularly and, as necessary, revise it.

SOR/2005-401, s. 2.

19.3 (1) The employer shall develop a hazard identification and assessment methodology taking into account the following documents and information:

(a) any hazardous occurrence investigation reports;

(b) first aid records and minor injury records;

(c) work place health protection programs;

(d) any results of work place inspections;

(e) any employee reports made under paragraph 126(1)(g) or (h) of the Act or under section 15.3;

(f) any government or employer reports, studies and tests concerning the health and safety of employees;

(g) any reports made under the Safety and Health Committees and Representatives Regulations;

(h) the record of hazardous substances; and

(i) any other relevant information.

(2) The hazard identification and assessment methodology shall include

(a) the steps and time frame for identifying and assessing the hazards;

(b) the keeping of a record of the hazards; and

(c) a time frame for reviewing and, if necessary, revising the methodology.

SOR/2005-401, s. 2.

19.4 The employer shall identify and assess the hazards in the work place in accordance with the methodology developed under section 19.3 taking into account

(a) the nature of the hazard;

(b) the employees’ level of exposure to the hazard;

(c) the frequency and duration of employees’ exposure to the hazard;

(d) the effects, real or apprehended, of the exposure on the health and safety of employees;

(e) the preventive measures in place to address the hazard;

(f) any employee reports made under paragraph 126(1)(g) or (h) of the Act or under section 15.3; and

(g) any other relevant information.

SOR/2005-401, s. 2.

19.5 (1) The employer shall, in order to address identified and assessed hazards, take preventive measures to address the assessed hazard in the following order of priority:

(a) the elimination of the hazard;

(b) the reduction of the hazard, including isolating it;

(c) the provision of personal protective equipment, clothing, devices or materials; and

(d) administrative procedures.

(2) As part of the preventive measures, the employer shall develop and implement a preventive maintenance program in order to avoid failures that could result in a hazard to employees.

(3) The employer shall ensure that any preventive measure shall not in itself create a hazard and shall take into account the effects on the work place.

(4) The preventive measures shall include steps to address newly identified hazards in an expeditious manner.

SOR/2005-401, s. 2.

19.6 (1) The employer shall provide health and safety education to each employee which shall include the following:

(a) the hazard prevention program implemented in accordance with this Part to prevent hazards applicable to the employee, including the hazard identification and assessment methodology and the preventive measures taken by the employer;

(b) the nature of the work place and the hazards associated with it;

(c) the employee’s duty to report under paragraphs 126(1)(g) and (h) of the Act and under section 15.3; and

(d) an overview of the Act and these Regulations.

(2) The employer shall provide education to an employee

(a) whenever new hazard information in respect of a hazard in the work place becomes available to the employer; and

(b) shortly before the employee is assigned a new activity or exposed to a new hazard.

(3) The employer shall review the employee education program, and, if necessary, revise it

(a) at least every three years;

(b) whenever there is a change in conditions in respect of the hazards; and

(c) whenever new hazard information in respect of a hazard in the work place becomes available to the employer.

(4) Each time education is provided to an employee, the employee shall acknowledge in writing that they received it, and the employer shall acknowledge in writing that they provided it.

(5) The employer shall keep, in paper or computerized form, records of the education provided to each employee, which shall be kept for a period of two years after the employee ceases to be exposed to a hazard.

SOR/2005-401, s. 2.

19.7 (1) The employer shall evaluate the effectiveness of the hazard prevention program and, if necessary, revise it

(a) at least every three years;

(b) whenever there is a change in conditions in respect of the hazards; and

(c) whenever new hazard information in respect of a hazard in the work place becomes available to the employer.

(2) The evaluation of the effectiveness of the prevention program shall be based on the following documents and information:

(a) conditions related to the work place and the activities of the employees;

(b) any work place inspection reports;

(c) any hazardous occurrence investigation reports;

(d) any safety audits;

(e) first aid records and any injury statistics;

(f) any observations of the policy and work place committees, or the health and safety representative, on the effectiveness of the prevention program; and

(g) any other relevant information.

SOR/2005-401, s. 2.

19.8 (1) If a program evaluation has been conducted under section 19.7, the employer shall prepare a program evaluation report and submit a copy of it to the Minister as part of the employer’s annual hazardous occurrence report referred to in subsection 15.10(1).

(2) The employer shall keep readily available every program evaluation report for six years after the date of the report.

SOR/2005-401, s. 2.