Canada Occupational Health and Safety Regulations

SOR/86-304

CANADA LABOUR CODE

Canada Occupational Health and Safety Regulations

CANADA OCCUPATIONAL HEALTH AND SAFETY REGULATIONS

[SOR/94-263, s. 1; SOR/2002-208, s. 1]

PART I

1.1 [Repealed, SOR/2002-208, s. 2]

Interpretation

1.2 In these Regulations,

"Act" means Part II of the Canada Labour Code; (Loi)

"ANSI" means the American National Standards Institute; (ANSI)

"approved organization" means an organization that is approved by the Minister under section 16.12 for the teaching of first aid; (organisme agréé)

"basic first aid certificate" means the certificate issued by an approved organization for successful completion of a one day first aid course; (certificat de secourisme élémentaire)

"change room" means a room that is used by employees to change from their street clothes to their work clothes and from their work clothes to their street clothes, and includes a locker room; (vestiaire)

"CSA" means the Canadian Standards Association; (ACNOR)

"dangerous substance" [Repealed, SOR/88-68, s. 1]

"elevating device" means an escalator, elevator or other device for moving passengers or freight; (appareil élévateur)

"fire hazard area" means an area that contains or is likely to contain explosive or flammable concentrations of hazardous substances; (endroit présentant un risque d'incendie)

"first aid room" means a room that complies with the requirements of section 16.10; (salle de premiers soins)

"high voltage" means a voltage of 751 volts or more between any two conductors or between a conductor and ground; (haute tension)

"locked out" means, in respect of any equipment, machine or device, that the equipment, machine or device has been rendered inoperative and cannot be operated or energized without the consent of the person who rendered it inoperative; (verrouillé)

"lower explosive limit" means the lower limit of flammability of a chemical agent or a combination of chemical agents at ambient temperature and pressure, expressed

(a) for a gas or vapour, as a percentage in air by volume, and

(b) for dust, as the weight of dust per volume of air; (limite explosive inférieure)

"medical practitioner" [Repealed, SOR/88-68, s. 1]

"Minister" means the Minister of Labour; (ministre)

"National Building Code" means the National Building Code of Canada, 1995, issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, dated 1995, as amended from time to time; (Code canadien du bâtiment)

"National Fire Code" means the National Fire Code of Canada 1995, issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, dated 1995, as amended from time to time; (Code national de prévention des incendies du Canada)

"oxygen deficient atmosphere" means an atmosphere in which there is less than 18 per cent by volume of oxygen at a pressure of one atmosphere or in which the partial pressure of oxygen is less than 135 mm Hg; (air à faible teneur en oxygène)

"personal service room" means a change room, toilet room, shower room, lunch room, living space, sleeping quarters or a combination thereof; (local réservé aux soins personnels)

"protection equipment" means safety materials, equipment, devices and clothing; (équipement de protection)

"qualified person" means, in respect of a specified duty, a person who, because of his knowledge, training and experience, is qualified to perform that duty safely and properly; (personne qualifiée)

"regional office" means, in respect of a work place, the regional office of the Department of Labour for the administrative region of that Department in which the work place is situated; (bureau régional)

"toilet room" means a room that contains a toilet or a urinal, but does not include an outdoor privy. (lieux d'aisances) SOR/88-68, ss. 1, 14; SOR/88-632, s. 1(F); SOR/94-33, s. 1; SOR/94-263, s. 3; SOR/96-294, s. 1; SOR/2000-328, s. 1; SOR/2000-374, s. 1; SOR/2002-208, s. 43(F).

Prescription

1.3 These Regulations are prescribed for the purposes of sections 125, 125.1, 125.2 and 126 of the Act. SOR/88-68, s. 2; SOR/94-263, s. 4.

Application

1.4 These Regulations do not apply in respect of employees employed

(a) on trains while in operation;

(b) on aircraft while in operation;

(c) on ships;

(d) subject to Part II of the Oil and Gas Occupational Safety and Health Regulations, on or in connection with exploration or drilling for or the production, conservation, processing or transportation of oil or gas in Canada lands, as defined in the Canada Petroleum Resources Act; or

(e) on or in connection with a work or undertaking that is excluded from the application of the Act by an order made pursuant to section 123.1 of the Act. SOR/87-623, s. 1; SOR/94-263, s. 5.

Records and Reports

1.5 If an employer is required by section 125 or 125.1 of the Act to keep and maintain a record, report or other document, the employer shall keep and maintain the record, report or other document in such a manner that it is readily available for examination by a health and safety officer and by the work place committee or the health and safety representative for the work place to which it applies. SOR/88-68, s. 3; SOR/94-263, s. 6; SOR/2002-208, s. 3.

Inconsistent Provisions

1.6 In the event of an inconsistency between any standard incorporated by reference in these Regulations and any other provision of these Regulations, that other provision shall prevail to the extent of the inconsistency.

1.7 Notwithstanding any provision in any standard incorporated by reference in these Regulations, a reference to another publication in that standard is a reference to the publication as it read on March 31, 1986.

Alternate Media

1.8 (1) In this section,

"alternate media" means any method of communication that permits an employee with a special need to receive any information, instruction or training required by these Regulations to be provided, including braille, large print, audio tape, computer disc, sign language and verbal communications; (média substitut)

"highly visible" means marked with brightly coloured paint, painted with a reflective coating or marked by other means so as to be readily apparent; (très visible)

"special need" means a condition that impairs an employee's ability to receive any information, instruction or training that is required by these Regulations to be provided. (besoins spéciaux)

(2) Subject to subsection (5), where an employer or other person is required by these Regulations to give, provide or make available any information, instruction or training to an employee and the employee has a special need, the employer or other person shall give, provide or make available the information, instruction or training to the employee by means of an alternate medium.

(3) Where information, including warnings, is required by these Regulations to be provided by means of a sign or marking, the alternate medium shall be visible or audible to an employee with a special need.

(4) Where a warning is required to be given by a means other than a sign or marking, the warning shall be given to an employee with a special need in a manner that effectively warns the employee of the nature of the danger.

(5) Where an employer or other person is required by these Regulations to give, provide or make available any information by means of labels, defect tags or lockout tags, the employer or other person need not provide the information by means of an alternate medium on the labels, defect tags or lockout tags. SOR/96-525, s. 1.

PART II
PERMANENT STRUCTURES

Interpretation

2.1 The definitions in this section apply in this Part.

"ASHRAE" means the American Society of Heating, Refrigerating and Air-Conditioning Engineers. (ASHRAE)

"building" means a structure that is used or intended for supporting or sheltering any use or occupancy, and includes a grain-handling facility, a tower, an antenna and an antenna-supporting structure. (bâtiment)

"floor hole" means an opening in a floor or platform that measures less than 300 mm but more than 50 mm in its smallest dimension. (trou dans le plancher)

"floor opening" means an opening in a floor, platform, pavement or yard that measures 300 mm or more in its smallest dimension. (ouverture dans le plancher)

"grain-handling facility" means a structure that is constructed, installed or established to handle, store or process grain or grain products, and includes an elevator as defined in section 2 of the Canada Grain Act. (installation de manutention des grains)

"HVAC system" means a heating, ventilating and air conditioning system that is installed in a building, and includes all of its equipment and components. (système CVCA)

"wall opening" means an opening in a wall or partition that measures at least 750 mm in height and 300 mm in width. (ouverture dans un mur) SOR/94-263, s. 7; SOR/2000-374, s. 2.

DIVISION I
BUILDINGS

Standards

2.2 (1) The design and construction of every building, the construction of which begins on or after the day of the coming into force of this subsection, shall meet the requirements of the National Building Code.

(2) Every building, the construction of which begins before the day of the coming into force of this subsection, shall, to the extent reasonably practicable, meet the requirements of the National Building Code.

(3) The renovation of any building or part of a building shall, to the extent reasonably practicable, meet the requirements of the National Building Code.

(4) When it is not reasonably practicable for an employer to comply with the requirements of subsection (3), the employer shall, before the proposed renovations start, notify the work place committee or the health and safety representative. SOR/88-632, s. 2(F); SOR/96-525, s. 2; SOR/2000-374, s. 2; SOR/2002-208, s. 4.

Doors

2.3 (1) Every double-action swinging door that is located in an exit, entrance or passageway used for two-way pedestrian traffic or traffic involving wheelchairs or other similar devices shall be designed and fitted in a manner that will allow persons who are approaching from one side of the door to be aware of persons who are on the other side of it.

(2) The area of every passageway into which a door or gate extends when open, other than the door of a closet or other small unoccupied storage room, shall be marked, in consultation with the work place committee or the health and safety representative in a manner that clearly indicates the area of hazard created by the opening of the door or gate.

(3) Where a door or gate that is to remain open extends into a passageway for a distance that will reduce the effective width of the passageway to a width less than that required by the National Building Code,

(a) an attendant shall be posted near the open door or gate; or

(b) a highly visible barricade shall be placed across the passageway before the door or gate is opened to prevent persons from using the passageway while the door or gate is open. SOR/88-632, s. 3(F); SOR/2000-374, s. 2; SOR/2002-208, s. 5.

Clearances

2.4 A window awning or canopy or any part of a building that projects over an exterior passageway shall be installed or constructed in a manner that allows a clearance of not less than 2.2 m between the passageway surface and the lowest projection of the awning or canopy or projecting part of the building. SOR/96-525, s. 3; SOR/2000-374, s. 2.

Floor and Wall Openings

2.5 (1) Where an employee has access to a wall opening from which there is a drop of more than 1.2 m or to a floor opening, highly visible guardrails shall be fitted around the wall opening or floor opening or it shall be covered with material capable of supporting all loads that may be brought to bear on it.

(2) The material shall be securely fastened to and supported by structural members.

(3) Subsection (1) does not apply to vehicle maintenance pits or to the loading and unloading areas of truck, railroad or marine docks the edges of which are marked in a highly visible manner.

(4) Where a pit is used for the maintenance of vehicles, including railway rolling stock, the hazard it represents shall be clearly identified and its perimeter shall be delineated by highly visible markings. SOR/88-632, s. 4(F); SOR/96-525, s. 4; SOR/2000-374, s. 2.

Open-top Bins, Hoppers, Vats and Pits

2.6 (1) Where an employee has access to an open-top bin, hopper, vat, pit or other open-top enclosure from a point directly above the enclosure, the enclosure shall be

(a) covered with a grating, screen or other covering that will prevent the employee from falling into the enclosure; or

(b) provided with a walkway that is not less than 500 mm wide and is fitted with highly visible guardrails.

(2) The grating, screen, covering or walkway shall be designed, constructed and maintained so that it will support a load that is not less than the greater of

(a) the maximum load that may be brought to bear on it, and

(b) a live load of 6 kPa.

(3) Where an employee is working above an open-top bin, hopper, vat, pit or other open-top enclosure that is not covered with a grating, screen or other covering, the inside wall of the enclosure shall be fitted with a fixed ladder, except where the operations carried on in the enclosure make such a fitting impracticable.

(4) Every enclosure referred to in subsection (1) whose walls extend less than 1.1 m above an adjacent floor or platform used by employees shall be

(a) covered with a grating, screen or other covering;

(b) fitted with a highly visible guardrail; or

(c) guarded by a person in order to prevent employees from falling into the enclosure. SOR/2000-374, s. 2.

Ladders, Stairways and Ramps

2.7 Where an employee is required to move from one level to another that is more than 450 mm higher or lower than the first level, the employer shall install a fixed ladder, stairway or ramp between the levels. SOR/96-525, s. 5; SOR/2000-374, s. 2.

2.8 Where one end of a stairway is so close to a traffic route used by vehicles, to a machine or to any other hazard as to be hazardous to the safety of an employee using the stairway, the employer shall, at that end of the stairway,

(a) post a sign to warn employees of the hazard; and

(b) where practicable, install a highly visible barricade that will protect employees using the stairway from the hazard. SOR/96-525, s. 6; SOR/2000-374, s. 2.

2.9 (1) A fixed ladder installed after the day of the coming into force of this section shall be designed, constructed and installed in accordance with the requirements of ANSI Standard A14.3-1984 entitled American National Standard for Ladders -- Fixed -- Safety Requirements, as amended from time to time, other than section 7 of that Standard.

(2) A fixed ladder that is installed before the day of the coming into force of this section shall, where reasonably practicable, meet the requirements referred to in subsection (1).

(3) No employee shall carry tools or materials while climbing a fixed ladder unless the tools or materials are carried in a safe manner.

(4) A fixed ladder shall be highly visible or its presence otherwise brought to the attention of any employee in the area. SOR/2000-374, s. 2.

2.10 (1) Every grain-handling facility that has a manlift or ladder that provides access to a floor or roof over a grain bin or silo shall, in addition to its primary exit, have a secondary exit from the floor or roof that consists of an exterior fixed ladder constructed in accordance with the requirements referred to in subsection 2.9(1).

(2) A fixed ladder that is installed in a grain-handling facility before the day of the coming into force of this section shall, where reasonably practicable, meet the requirements referred to in subsection 2.9(1).

(3) A fixed ladder that is installed adjacent to a manlift and that is intended for emergency exit from the manlift shall meet the requirements of section 5.1.9 of CSA Standard B 311-M1979, entitled Safety Code for Manlifts, the English version of which is dated October 1979 and the French version of which is dated July 1984. SOR/96-525, s. 7; SOR/2000-374, s. 2.

Docks, Ramps and Dock Plates

2.11 (1) Every loading and unloading dock and ramp shall be

(a) of sufficient strength to support the maximum load that may be brought to bear on it;

(b) free of surface irregularities that may interfere with the safe operation of mobile equipment; and

(c) fitted around its sides that are not used for loading or unloading with side rails, curbs or rolled edges of sufficient height and strength to prevent mobile equipment from running over the edge.

(2) Cross-traffic on dock levellers shall be limited to the portion of the dock leveller where there is no danger of tipping the materials handling equipment.

(3) Every portable ramp and every dock plate shall be

(a) clearly marked or tagged to indicate the maximum safe load that it is capable of supporting; and

(b) installed so that it cannot slide, move or otherwise be displaced under the load that may be brought to bear on it. SOR/2000-374, s. 2.

Guardrails

2.12 (1) Every guardrail shall be highly visible and consist of

(a) a horizontal top rail not less than 900 mm but not more than 1 100 mm above the base of the guardrail;

(b) a horizontal intermediate rail spaced midway between the top rail and the base; and

(c) supporting posts spaced not more than 3 m apart at their centres.

(2) Every guardrail shall be designed to withstand a static load of 890 N applied in any direction at any point on the top rail. SOR/94-263, s. 8(F); SOR/2000-374, s. 2.

Toe Boards

2.13 Where there is a hazard that tools or other objects may fall onto a person from a platform or other raised area, or through a floor opening or floor hole,

(a) a toe board that extends from the floor of the platform or other raised area to a height of not less than 125 mm shall be installed; or

(b) if the tools or other objects are piled to such a height that a toe board would not prevent the tools or other objects from falling, a solid or mesh panel shall be installed from the floor to a height of not less than 450 mm. SOR/2000-374, s. 2.

Housekeeping and Maintenance

2.14 (1) Every exterior stairway, walkway, ramp and passageway that may be used by employees shall be kept free of accumulations of ice and snow or other slipping or tripping hazards.

(2) All dust, dirt, waste and scrap material in every work place in a building shall be removed as often as is necessary to protect the health and safety of employees and shall be disposed of in such a manner that the health and safety of employees is not endangered.

(3) Every travelled surface in a work place shall be

(a) slip resistant; and

(b) kept free of splinters, holes, loose boards and tiles and similar defects. SOR/2000-374, s. 2; SOR/2002-208, s. 6.

2.15 Where a floor in a work place is normally wet and employees in the work place do not use non-slip waterproof footwear, the floor shall be covered with a dry false floor or platform or treated with a non-slip material or substance. SOR/88-632, s. 5(F); SOR/96-525, s. 8; SOR/2000-374, s. 2.

2.16 (1) The cleaning of a window on any level above the ground floor level of a building the construction of which begins on or after the day of the coming into force of this subsection shall be done in accordance with the requirements of CSA Standard CAN/CSA-Z91-M90, entitled Safety Code for Window Cleaning Operations, as amended from time to time.

(2) To the extent reasonably practicable, the cleaning of a window on any level above the ground floor level of a building the construction of which began before the day of the coming into force of this subsection shall be done in accordance with the requirements referred to in subsection (1).

(3) Subsections (4) to (8) apply to buildings whose owners are employers as defined in subsection 122(1) of the Act.

(4) The employer shall, in respect of buildings the construction of which begins on or after the day of the coming into force of this subsection, ensure that a qualified person inspects the anchor points and permanently installed suspended platforms used for window cleaning and that they meet the requirements referred to in subsection (1).

(5) The employer shall, in respect of buildings the construction of which began before the day of the coming into force of this subsection, ensure that a qualified person inspects the anchor points and permanently installed suspended platforms used for window cleaning and that they meet the requirements of CSA Standard Z91-M1980, entitled Safety Code for Window Cleaning Operations, the English version of which is dated May 1980 and the French version of which is dated November 1983.

(6) The inspection of anchor points and permanently installed suspended platforms shall be done

(a) before they are used for the first time;

(b) as often as necessary, but at least as often as recommended by their manufacturer;

(c) whenever they are reported as being defective; and

(d) in every case, at least once a year.

(7) Immediately on completion of an inspection, the qualified person shall, in a written, signed and dated report, inform the employer of any defects or hazardous conditions detected in the anchor points or permanently installed suspended platforms.

(8) The employer shall

(a) ensure that any reported defect in the anchor points or permanently installed suspended platforms is repaired before they are used;

(b) ensure that any maintenance and repairs are performed in accordance with the manufacturer's recommendations;

(c) keep, for a period of two years, a record of any inspection and maintenance, including the date the inspection or maintenance was carried out and the name of the person who did it; and

(d) keep, for as long as the anchor points and permanently installed suspended platforms are used, a record of the modifications or repairs made to them, including the day the work was done and the name of the person who did it. SOR/2000-374, s. 2.

Temporary Heating

2.17 (1) Subject to subsection (2), where a high-capacity portable open-flame heating device is used in an enclosed work place, the heating device shall

(a) be located, protected and used so that there is no hazard of igniting tarpaulins, wood or other combustible materials near the heating device;

(b) be used only when there is ventilation provided;

(c) be located so as to be protected from accidental contact, damage or overturning; and

(d) not restrict a means of exit.

(2) Where the heating device does not provide complete combustion of the fuel used in connection with it, it shall be equipped with an exhaust system that discharges the products of combustion outside the enclosed work place. SOR/2000-374, s. 2.

DIVISION II
TOWERS, ANTENNAS AND ANTENNA-SUPPORTING STRUCTURES

2.18 (1) No employee shall climb a tower, an antenna or an antenna-supporting structure unless

(a) the employer has authorized the employee to do so;

(b) the employee has been trained and instructed in a safe method of climbing; and

(c) the employer has provided a fall-protection system in accordance with section 12.10.

(2) No employee shall climb or work on a tower, an antenna or an antenna-supporting structure

(a) when weather conditions are likely to be hazardous to the health or safety of the employee, except when the work is required to remove a hazard or to rescue an employee; or

(b) if the physical condition of the tower, antenna or antenna-supporting structure is likely to be hazardous to the health or safety of the employee. SOR/2000-374, s. 2; SOR/2002-208, s. 41.

2.19 Where reasonably practicable, the design and construction of every tower, antenna and antenna-supporting structure the construction of which begins on or after the day of the coming into force of this section shall meet the requirements of CSA Standard CAN/CSA-S37-94, entitled Antennas, Towers, and Antenna-Supporting Structures, as amended from time to time. SOR/2000-374, s. 2.

DIVISION III
HVAC SYSTEMS

Application

2.20 (1) Sections 2.21 to 2.24 apply to buildings whose owner or principal tenant is an employer as defined in subsection 122(1) of the Act.

(2) Despite subsection (1), where the employer is not the principal tenant in the building but occupies a portion of the building in which there is an HVAC system over which the employer has control, sections 2.21 to 2.24 apply to that portion of the building. SOR/2000-374, s. 2.

Standards

2.21 Subject to section 2.22, every HVAC system installed on or after the day of the coming into force of this section shall meet the design requirements of ASHRAE Standard 62-1989, entitled Ventilation for Acceptable Indoor Air Quality, as amended from time to time. SOR/2000-374, s. 2.

2.22 To the extent reasonably practicable, the relevant portion of an HVAC system shall be modified to meet the design requirements referred to in section 2.21 if

(a) the level of occupancy in a building or portion of a building exceeds the level for which the HVAC system was designed; or

(b) the use of a building or portion of a building differs from the use for which the HVAC system was designed. SOR/2000-374, s. 2.

Records

2.23 (1) For HVAC systems installed on or after the day of the coming into force of this section, the employer shall keep a record of the information required by section A-2.3.5.2 of Appendix A of the National Building Code and make the record readily available.

(2) In addition to the record required by subsection (1), the employer shall keep and make readily available a record of the normal hours of occupancy and the types of activities of the occupants of the building.

(3) In the case of HVAC systems to which subsection (1) does not apply, the employer shall keep and make readily available all records required by subsections (1) and (2) that are reasonably practicable to keep. SOR/2000-374, s. 2.

Operation, Inspection, Testing, Cleaning and Maintenance

2.24 (1) Every employer shall appoint a qualified person to set out, in writing, instructions for the operation, inspection, testing, cleaning and maintenance of an HVAC system and the calibration of probes or sensors on which the system relies.

(2) The instructions shall

(a) take into account CSA Guideline Z204-94, entitled Guideline for Managing Air Quality in Office Buildings, dated June 1994;

(b) where they exist on the day that this section comes into force, be readily available;

(c) where they do not exist on the day that this section comes into force, be developed and made readily available as soon as possible and, in any event, no later than five years after that day;

(d) for buildings the construction of which is completed on or after the day of the coming into force of this section, be readily available as soon as possible and, in any event, no later than five years after the day of the coming into force of this section;

(e) specify the manner of operation of the HVAC system;

(f) specify the nature and frequency of inspections, testing, cleaning and maintenance; and

(g) be reviewed by a qualified person and amended

(i) when modifications to the HVAC system are carried out in accordance with section 2.22,

(ii) when the standard referred to in section 2.21 is amended,

(iii) when the an investigation carried out in accordance with section 2.27 has identified that a health or safety hazard exists, or

(iv) at least every five years.

(3) Despite paragraph (2)(c), if an investigation referred to in section 2.27 identifies that a health or safety hazard exists, the instructions shall be developed and made readily available without delay.

(4) The employer shall appoint a qualified person or persons to implement the instructions and make a report, in writing, of each inspection, testing, cleaning and maintenance operation.

(5) The report shall be kept readily available by the employer for a period of at least five years and shall

(a) specify the date and type of work performed, and the identity of the person who performed it;

(b) identify the components of the HVAC system or portion of an HVAC system involved; and

(c) record test results, any deficiencies observed and the actions taken to correct them. SOR/2000-374, s. 2; SOR/2002-208, s. 39.

2.25 An employer shall ensure that the qualified person or persons referred to in subsection 2.24(4) are instructed and trained in the specific procedures to be followed in the operation, inspection, testing, cleaning and maintenance of the HVAC system and the calibration of probes or sensors on which the system relies. SOR/2000-374, s. 2.

2.26 An employer shall post, in a place readily accessible to every employee, the telephone number of a contact person to whom health or safety concerns regarding the indoor air quality in the work place can be directed. SOR/2000-374, s. 2; SOR/2002-208, s. 42.

Investigations

2.27 (1) Every employer shall develop, or appoint a qualified person to develop, a procedure for investigating situations in which the health or safety of an employee in the work place is or may be endangered by the air quality.

(2) The procedure shall include the following steps:

(a) a review of the nature and number of health or safety complaints;

(b) a visual inspection of the work place;

(c) the inspection of the HVAC system for cleanliness, operation and performance;

(d) a review of the maintenance schedule for the HVAC system;

(e) the assessment of building use as compared to the use for which it was designed;

(f) the assessment of actual level of occupancy as compared to the level for which the building was designed;

(g) the determination of potential sources of contaminants;

(h) the determination of levels of carbon dioxide, carbon monoxide, temperature, humidity and air motion, where necessary;

(i) the specification, where necessary, of tests to be conducted to determine levels of formaldehyde, particulates, airborne fungi and volatile organic compounds; and

(j) the identification of the standards or guidelines to be used in evaluating test results.

(3) In developing the procedure, the employer or the qualified person appointed by the employer shall take into account the Department of Health publication 93-EHD-166, entitled Indoor Air Quality in Office Buildings: A Technical Guide.

(4) Where the health or safety of an employee in a work place is or may be endangered by the air quality, the employer shall, without delay, appoint a qualified person to carry out an investigation in accordance with the procedure developed pursuant to subsection (1).

(5) The investigation shall be carried out in consultation with the work place committee or the health and safety representative.

(6) To the extent reasonably practicable, the employer shall, in consultation with the work place committee or the health and safety representative, remove or control any health or safety hazard that is identified in the course of the investigation.

(7) Every employer shall keep the records of every indoor air quality complaint and investigation for at least five years. SOR/2000-374, s. 2; SOR/2002-208, ss. 7, 40, 42.

PART III
TEMPORARY STRUCTURES AND EXCAVATIONS

Application

3.1 This Part applies to portable ladders, temporary ramps and stairs, temporary elevated work bases used by employees and temporary elevated platforms used for materials.

General

3.2 No employee shall use a temporary structure where it is reasonably practicable to use a permanent structure. SOR/94-263, s. 9(F).

3.3 No employee shall work on a temporary structure in rain, snow, hail or an electrical or wind storm that is likely to be hazardous to the health or safety of the employee, except if the work is required to remove a hazard or to rescue an employee. SOR/2002-208, s. 8.

3.4 Tools, equipment and materials used on a temporary structure shall be arranged or secured in such a manner that they cannot be knocked off the structure accidentally. SOR/88-632, s. 6(F).

3.5 No employee shall use a temporary structure unless

(a) he has authority from his employer to use it; and

(b) he has been trained and instructed in its safe and proper use.

3.6 (1) Prior to a work shift, a qualified person shall make a visual safety inspection of every temporary structure to be used during that shift.

(2) Where an inspection made in accordance with subsection (1) reveals a defect or condition that adversely affects the structural integrity of a temporary structure, no employee shall use the temporary structure until the defect or condition is remedied. SOR/2002-208, s. 9(F).

Barricades

3.7 Where a person or a vehicle may come into contact with a temporary structure, a person shall be positioned at the base of the temporary structure or a highly visible barricade shall be installed around it to prevent any such contact. SOR/96-525, s. 9.

Guardrails and Toe Boards

3.8 (1) Guardrails and toe boards shall be installed at every open edge of a platform of a temporary structure.

(2) The guardrails and toe boards referred to in subsection (1) shall meet the standards set out in sections 2.12 and 2.13. SOR/2000-374, s. 3.

Temporary Stairs, Ramps and Platforms

3.9 (1) Subject to subsection 3.10(3), temporary stairs, ramps and platforms shall be designed, constructed and maintained to support any load that is likely to be imposed on them and to allow safe passage of persons and equipment on them.

(2) Temporary stairs shall have

(a) uniform steps in the same flight;

(b) a slope not exceeding 1.2 in 1; and

(c) a hand-rail that is not less than 900 mm and not more than 1 100 mm above the stair level on open sides including landings.

(3) Temporary ramps and platforms shall be

(a) securely fastened in place;

(b) braced if necessary to ensure their stability; and

(c) provided with cleats or surfaced in a manner that provides a safe footing for employees.

(4) A temporary ramp shall be so constructed that its slope does not exceed

(a) where the temporary ramp is installed in the stairwell of a building not exceeding two storeys in height, 1 in 1, if cross cleats are provided at regular intervals not exceeding 300 mm; and

(b) in any other case, 1 in 3.

Scaffolds

3.10 (1) The erection, use, dismantling or removal of a scaffold shall be carried out by or under the supervision of a qualified person.

(2) The footings and supports of every scaffold shall be capable of carrying, without dangerous settling, all loads that are likely to be imposed on them.

(3) Every scaffold shall be capable of supporting at least four times the load that is likely to be imposed on it.

(4) The platform of every scaffold shall be at least 480 mm wide and securely fastened in place.

Portable Ladders

3.11 (1) Commercially manufactured portable ladders shall meet the standards set out in CSA Standard CAN3-Z11-M81, Portable Ladders, the English version of which is dated September, 1981, as amended to March, 1983 and the French version of which is dated August, 1982, as amended to June, 1983.

(2) Subject to subsection (3), every portable ladder shall, while being used,

(a) be placed on a firm footing; and

(b) be secured in such a manner that it cannot be dislodged accidentally from its position.

(3) Where, because of the nature of the location or of the work being done, a portable ladder cannot be securely fastened in place, it shall, while being used, be sloped so that the base of the ladder is not less than one-quarter and not more than one-third of the length of the ladder from a point directly below the top of the ladder and at the same level as the base.

(4) Every portable ladder that provides access from one level to another shall extend at least three rungs above the higher level.

(5) Metal or wire-bound portable ladders shall not be used where there is a hazard that they may come into contact with any live electrical circuit or equipment.

(6) No employee shall work from any of the three top rungs of any single or extension portable ladder or from either of the two top steps of any portable step ladder. SOR/88-632, s. 7(F).

Excavation

3.12 (1) Before the commencement of work on a tunnel, excavation or trench, the employer shall mark the location of all underground pipes, cables and conduits in the area where the work is to be done.

(2) Where an excavation or trench constitutes a hazard to employees, a highly visible barricade shall be installed around it.

(3) In a tunnel or in an excavation or trench that is more than 1.4 m deep and whose sides are sloped at an angle of 45° or more to the horizontal

(a) the walls of the tunnel, excavation or trench, and

(b) the roof of the tunnel

shall be supported by shoring and bracing that is installed as the tunnel, excavation or trench is being excavated.

(4) Subsection (3) does not apply in respect of a trench where the employer provides a system of shoring composed of steel plates and bracing, welded or bolted together, that can support the walls of the trench from the ground level to the trench bottom and can be moved along as work progresses.

(5) The installation and removal of the shoring and bracing referred to in subsection (3) shall be performed or supervised by a qualified person.

(6) Tools, machinery, timber, excavated materials or other objects shall not be placed within 1 m from the edge of an excavation or trench. SOR/96-525, s. 10.

Safety Nets

3.13 (1) Where there is a hazard that tools, equipment or materials may fall onto or from a temporary structure, the employer shall provide a protective structure or a safety net to protect from injury any employee on or below the temporary structure.

(2) The design, construction and installation of a safety net referred to in subsection (1) shall meet the standards set out in ANSI Standard ANSI A10.11-1979, American National Standard for Safety Nets Used During Construction, Repair and Demolition Operations, dated August 7, 1979.

Housekeeping

3.14 Every platform, hand-rail, guardrail and work area on a temporary structure used by an employee shall be kept free of accumulations of ice and snow while the temporary structure is in use.

3.15 The floor of a temporary structure used by an employee shall be kept free of grease, oil or other slippery substance and of any material or object that may cause an employee to trip.

PART IV
ELEVATING DEVICES

Application

4.1 This Part does not apply to elevating devices used in the underground workings of mines.

Standards

4.2 (1) Every elevating device and every safety device attached thereto shall

(a) meet the standards set out in the applicable CSA standard referred to in subsection (2) in so far as is reasonably practicable; and

(b) be used, operated and maintained in accordance with the standards set out in the applicable CSA standard referred to in subsection (2).

(2) For the purposes of subsection (1), the applicable CSA standard for

(a) elevators, dumbwaiters, escalators and moving walks is CSA Standard CAN3-B44-M85, Safety Code for Elevators, other than clause 9.1.4 thereof, the English version of which is dated November 1985 and the French version of which is dated March 1986;

(b) manlifts is CSA Standard B311-M1979, Safety Code for Manlifts, the English version of which is dated October, 1979 and the French version of which is dated July, 1984 and Supplement No. 1-1984 to B311-M1979, the English version of which is dated June, 1984 and the French version of which is dated August, 1984; and

(c) elevating devices for the handicapped is CSA Standard CAN3-B355-M81, Safety Code for Elevating Devices for the Handicapped, the English version of which is dated April, 1981 and the French version of which is dated December, 1981. SOR/88-632, s. 8; SOR/94-263, s. 10.

Use and Operation

4.3 No elevating device shall be used or operated with a load in excess of the load that it was designed and installed to move safely.

4.4 (1) Subject to subsection (3), no elevating device shall be used or placed in service while any safety device attached thereto is inoperative.

(2) Subject to subsection (3), no safety device attached to an elevating device shall be altered, interfered with or rendered inoperative.

(3) Subsections (1) and (2) do not apply to an elevating device or a safety device that is being inspected, tested, repaired or maintained by a qualified person.

Inspection and Testing

4.5 Every elevating device and every safety device attached thereto shall be inspected and tested by a qualified person to determine that the prescribed standards are met

(a) before the elevating device and the safety device attached thereto are placed in service;

(b) after an alteration to the elevating device or a safety device attached thereto; and

(c) once every 12 months.

4.6 (1) A record of each inspection and test made in accordance with section 4.5 shall

(a) be signed by the person who made the inspection and test;

(b) include the date of the inspection and test and the identification and location of the elevating device and safety device that were inspected and tested; and

(c) set out the observations of the person inspecting and testing the elevating device and safety device on the safety of the devices.

(2) Every record referred to in subsection (1) shall be made by the employer and kept by him in the work place in which the elevating device is located for a period of two years after the date on which it is signed in accordance with paragraph (1)(a).

Repair and Maintenance

4.7 Repair and maintenance of elevating devices or safety devices attached thereto shall be performed by a qualified person appointed by the employer.

PART V
BOILERS AND PRESSURE VESSELS

Interpretation

5.1 The definitions in this section apply in this Part.

"Boiler Code" means CSA Standard B51-97, Boiler, Pressure Vessel, and Pressure Piping Code, the English version of which is dated September 1997 and was amended in February 1998 and the French version of which is dated September 1998. (Code des chaudières)

"high pressure boiler" means a boiler in which steam, gas or vapour is generated at more than one atmosphere of pressure or a boiler containing liquid that has a working pressure exceeding 1,100 kPa or an operating temperature exceeding 121°C. (chaudière à haute pression)

"inspector" means a person recognized under the laws of any province or by the National Board of Boiler and Pressure Vessel Inspectors as qualified to inspect boilers, pressure vessels and pressure piping systems. (inspecteur)

"low working pressure hot water boiler" means a hot water boiler that has a pressure not exceeding 1,100 kPa and an operating temperature not exceeding 121°C. (chaudière à eau chaude basse pression)

"low pressure organic fluid boiler" means a boiler that contains an organic fluid, that has an operating temperature not exceeding 343°C and that has no valves or other obstructions to prevent circulation of the organic fluid between the boiler and an expansion tank that is fully vented to the atmosphere. (chaudière à basse pression contenant un hydrocarbure)

"low pressure steam boiler" means a boiler that operates at a vapour pressure not exceeding of one atmosphere of pressure. (chaudière à vapeur basse pression)

"maximum allowable working pressure" means the maximum working pressure that is specified by the manufacturer in the plans and specifications accepted and registered by the provincial authorities and that is set out in the record referred to in section 5.18. (pression de fonctionnement maximale autorisée)

"maximum temperature" means the maximum temperature that is specified by the manufacturer in the plans and specifications accepted and registered by the provincial authorities and that is set out in the record referred to in section 5.18. (température maximale)

"NDT technician" means a person who performs nondestructive testing and who is certified to carry out such testing. (technicien END)

"pipeline" has the same meaning as in section 2 of the National Energy Board Act, but does not include boilers. (pipeline)

"pressure piping system" means an assembly of pipes, pipe fittings, valves, safety devices, pumps, compressors and other fixed equipment that contains a gas, vapour or liquid and is connected to a boiler or pressure vessel. (réseau de canalisations sous pression)

"unfired boiler" means a boiler in which steam or other vapour is generated by a source of heat other than combustion and includes an electric boiler. (chaudière sans combustion)

"waste heat boiler" means an indirect-fired boiler that utilizes waste gases produced by the primary process to generate steam. (chaudière à récupération de chaleur) SOR/88-632, s. 9; SOR/2001-284, s. 1.

Application

5.2 This Part does not apply to

(a) a heating boiler that has a wetted heating surface of 3 m² or less;

(b) a pressure vessel that has a capacity of 40 L or less;

(c) a pressure vessel that is installed for use at a pressure of one atmosphere of pressure or less;

(d) a pressure vessel that has an internal diameter of 152 mm or less;

(e) a pressure vessel that has an internal diameter of 610 mm or less and that is used to store hot water;

(f) a pressure vessel that has an internal diameter of 610 mm or less connected to a water pumping system and that contains compressed air which serves as a cushion;

(g) a hydropneumatic tank that has an internal diameter of 610 mm or less;

(h) an interprovincial or international pipeline; or

(i) a refrigeration plant that has a capacity of 18 kW or less. SOR/2001-284, s. 1.

Fabrication and Installation Standards

5.3 Every boiler, pressure vessel and pressure piping system used in a work place shall, to the extent reasonably practicable, meet the standards relating to design, construction, testing, stamping, nameplates, fabrication inspection and installation set out in clauses 4.15 to 4.18 and 5.1 to 9.1 of Part 1 of the Boiler Code. SOR/94-263, s. 11; SOR/2001-284, s. 1.

5.4 (1) Every boiler and pressure vessel shall have at least one safety valve or other equivalent fitting to maintain pressure at or below the maximum allowable working pressure of the boiler or pressure vessel.

(2) When two or more boilers or pressure vessels are connected and are used at a common operating pressure, they shall each be fitted with at least one safety valve or other equivalent fitting to maintain pressure at or below the maximum allowable working pressure of the boiler or pressure vessel that has the lowest maximum allowable working pressure. SOR/2001-284, s. 1.

Use, Operation, Repair, Alteration and Maintenance

5.5 (1) An employer shall ensure that a qualified person, charged with the operation of a boiler, is in attendance and readily available at all times while the boiler is in operation and other employees are normally present in the same building as a boiler.

(2) The attendance referred to in subsection (1) is not required if

(a) the boiler is equipped with a fail-safe device and an automated warning device that will ensure the safe operation of the boiler and its shutdown if required, and that are installed in such a manner that they

(i) cannot be rendered inoperative, and

(ii) can be tested under operating conditions; and

(b) the boiler is rated below 2,000 kW in the case of a high pressure boiler, and below 3,000 kW in the case of a low pressure boiler, which includes a low pressure hot water boiler, a low pressure organic fluid boiler and a low pressure steam boiler.

(3) When a boiler is shut down by a device referred to in paragraph (2)(a), the boiler shall not be restarted unless it has been examined by a qualified person and the cause of the shutdown rectified. SOR/88-632, s. 10(F); SOR/2001-284, s. 1.

5.6 Every boiler, pressure vessel and pressure piping system in use at a work place shall be operated, maintained and repaired only by a qualified person. SOR/2001-284, s. 1.

5.7 All repairs and welding of boilers, pressure vessels and pressure piping systems shall be carried out in accordance with the standards referred to in clauses 6.1, 7.1 and 8.1 of Part I of the Boiler Code. SOR/2001-284, s. 1.

5.8 No person shall alter, interfere with or render inoperative any fitting attached to a boiler or pressure vessel except for the purpose of adjusting or testing the fitting. SOR/2001-284, s. 1.

5.9 (1) The factor of safety of a high pressure lap-seam riveted boiler, shall be increased by at least 0.1 each year after 20 years of use.

(2) If the boiler is relocated at any time, it shall not be operated at a pressure that is more than one atmosphere of pressure. SOR/2001-284, s. 1.

Inspections

5.10 (1) No person shall use a boiler, pressure vessel or pressure piping system unless it has been inspected by an inspector in accordance with subsection (2) and it has been certified by the inspector as safe for its intended use as stated in the declaration referred to in subparagraph 5.18(2)(b)(v).

(2) The inspector shall

(a) inspect every boiler, pressure vessel and pressure piping system

(i) after it is installed and before it is used for the first time,

(ii) after any welding, alteration or repair is carried out on it, and

(iii) in accordance with section 5.11, 5.12 or 5.16; and

(b) make a record of each inspection in accordance with section 5.18.

(3) A person who operates, repairs or maintains a boiler, pressure vessel or pressure piping system or any part of it may not inspect the boiler, pressure vessel or pressure piping system for the purposes of subsection (2). SOR/2001-284, s. 1.

5.11 (1) Every high pressure boiler and every low pressure steam boiler in use at a work place shall be inspected

(a) externally, at least once each year; and

(b) internally, at least once every two years.

(2) Every low pressure hot water boiler and every unfired boiler in use at a work place shall be inspected

(a) externally, at least once every two years; and

(b) internally, at least once every four years.

(3) Every low pressure organic fluid boiler in use at a work place shall be inspected

(a) externally, at least once every two years; and

(b) internally, at least once every three years.

(4) Every waste heat boiler in use at a work place shall be inspected

(a) externally, at least once every year; and

(b) internally,

(i) at least once every two years, or

(ii) where ultrasonic thickness measurements are performed annually by an NDT technician, at least once every three years.

(5) Pressure vessels, other than buried pressure vessels, that have a corrosion rate exceeding 0.1 mm of metal loss per year shall be inspected

(a) externally, at least once every year; and

(b) internally,

(i) at least once every two years, or

(ii) if ultrasonic thickness measurements are performed annually by an NDT technician on representative sections of the pressure vessel, at least once every three years.

(6) Pressure vessels, other than buried pressure vessels, that have a corrosion not exceeding 0.1 mm of metal loss per year shall be inspected

(a) externally, at least once every year; and

(b) internally,

(i) at least once every four years, or

(ii) if ultrasonic thickness measurements are performed annually by an NDT technician on representative sections of the pressure vessel, at least once every six years.

(7) Air receivers shall be inspected

(a) externally, at least once every year; and

(b) internally, at least once every five years.

(8) If the known corrosion rate of a pressure vessel is zero, internal inspection is not necessary provided that complete external inspections, including nondestructive thickness measurements performed by an NDT technician, are made at least once every two years on the pressure vessel and the following conditions are met:

(a) the non-corrosive nature of the service conditions, including the effect of trace components, has been established by at least five continuous years of comparable service experience with the fluid being handled;

(b) the periodic external inspection indicates that the condition of the pressure vessel does not warrant any further investigation;

(c) the operating temperature and pressure of the pressure vessel does not exceed the lower limits for the creep rupture range of the vessel metal; and

(d) the pressure vessel is protected against inadvertent contamination, and there is no evidence of contamination.

(9) If a pressure vessel is used to store anhydrous ammonia, the internal inspection frequency referred to in paragraph (5)(b) may be replaced by an internal inspection conducted at least once every five years if, at the same time, a hydrostatic test at a pressure equal to one and one-half times the maximum allowable working pressure is conducted. SOR/2001-284, s. 1.

5.12 Every boiler, pressure vessel and pressure piping system in use at a work place shall be inspected by an inspector more frequently than it is provided for in section 5.11, if it is necessary to ensure that the boiler, pressure vessel or pressure piping system is safe for its intended use. SOR/88-632, s. 11; SOR/94-263, s. 12; SOR/2001-284, s. 1.

5.13 For the purposes of subsections 5.11(5), (6) and (8), the corrosion rate shall be determined from actual metal loss during the last appropriate inspection period specified in the subsections. SOR/88-632, s. 12(F); SOR/2001-284, s. 1.

5.14 Stationary or portable air receivers used in the railway industry, instead of being inspected in accordance with subsection 5.11(7) and a record completed in accordance with section 5.18, may be inspected and tested and a record filed in accordance with TC-0-010, Rules for the Installation, Inspection and Testing of Air Reservoirs (Other Than on Motive Power Equipment) made by the Railway Association of Canada and approved by the Minister of Transport on December 5, 1994. SOR/88-632, s. 13(F); SOR/2001-284, s. 1.

5.15 If a pressure vessel that contains materials hazardous to human health or the environment is to be emptied before being inspected, it shall be emptied and inspected in a manner that does not pose a risk to human health or the environment. SOR/2001-284, s. 1.

Buried Pressure Vessels

5.16 (1) The installation of a buried pressure vessel shall meet the requirements set out in Appendix A to Part I of the Boiler Code.

(2) Notice of the proposed backfilling shall be given to a health and safety officer at the regional office or district office before backfilling is done over a pressure vessel.

(3) If test plates are used as an indication of corrosion of a buried pressure vessel, the test plates and, subject to subsection (4), the pressure vessel shall be completely uncovered and inspected by an inspector at least once every three years.

(4) If, on an inspection referred to in subsection (3), the test plates show no corrosion, the buried pressure vessel may be completely uncovered and inspected at intervals exceeding three years if the employer, immediately after the inspection, notifies in writing a regional health and safety officer at the regional office or district office of the condition of the test plates and of the proposed inspection schedule for the pressure vessel.

(5) Every buried pressure vessel shall be completely uncovered and inspected at least once every 15 years. SOR/88-632, s. 15(F); SOR/2001-284, s. 1.

Records and Reports

5.17 The employer shall keep and maintain a record of every boiler, pressure vessel and pressure piping system to which this Part applies and that is under the employer's control. SOR/88-632, s. 16(F); SOR/2001-284, s. 1.

5.18 (1) A report of each inspection carried out under sections 5.10 to 5.16 shall be completed by the inspector who carried out the inspection.

(2) Every report referred to in subsection (1)

(a) shall be signed by the inspector who carried out the inspection; and

(b) shall include

(i) the date of the inspection,

(ii) the identification and location of the boiler, pressure vessel or pressure piping system that was inspected,

(iii) the maximum allowable working pressure and the maximum temperature at which the boiler or pressure vessel may be operated,

(iv) a declaration as to whether the boiler, pressure vessel or pressure piping system meets the standards prescribed by this Part,

(v) a declaration as to whether the boiler, pressure vessel or pressure piping system is safe for its intended use,

(vi) a list of any defects or deficiencies the inspector has observed in the condition or operating and maintenance practices of the boiler, pressure vessel or pressure piping system, and

(vii) any other observation that the inspector considers relevant to the safety of employees.

(3) The employer shall keep readily available every record of inspection for the last two inspection periods and on the request of the work place committee or the health and safety representative, shall provide the work place committee or the health and safety representative with a copy. SOR/2001-284, s. 1.

PART VI
LIGHTING

Interpretation

6.1 (1) In this Part,

"aerodrome apron" means that part of a land aerodrome intended to accommodate the loading and unloading of passengers and cargo and the refuelling, servicing, maintenance and parking of aircraft; (aire de trafic)

"aircraft stand" means that part of an aerodrome apron intended to be used for the parking of aircraft for the purpose of loading or unloading passengers and providing ground services; (poste de stationnement)

"primary grain elevator" means a grain elevator the principal use of which is the receiving of grain directly from producers for storage or forwarding; (installation primaire)

"task position" means a position at which a visual task is performed; (poste de travail)

"VDT" means a visual display terminal. (TEV)

(2) For the purposes of this Part, 1 lx is equal to .0929 fc. SOR/89-515, s. 1.

Application

6.2 This Part does not apply in respect of lighting in any underground portion of a coal mine. SOR/89-515, s. 1.

Measurement of Average Levels of Lighting

6.3 For the purposes of sections 6.4 to 6.10, the average level of lighting at a task position or in an area shall be determined

(a) by making four measurements at different places representative of the level of lighting at the task position or, in an area, representative of the level of lighting 1 m above the floor of the area; and

(b) by dividing the aggregate of the results of those measurements by four. SOR/89-515, s. 1.

Lighting--Office Areas

6.4 The average level of lighting at a task position or in an area set out in Column I of an item of Schedule I, other than a task position or area referred to in section 6.7 or 6.9, shall not be less than the level set out in Column II of that item. SOR/89-515, s. 1.

Lighting--Industrial Areas

6.5 The average level of lighting in an area set out in Column I of an item of Schedule II, other than an area referred to in section 6.7 or 6.9, shall not be less than the level set out in Column II of that item. SOR/89-515, s. 1.

Lighting--General Areas

6.6 The average level of lighting in an area set out in Column I of an item of Schedule III, other than an area referred to in section 6.7 or 6.9, shall not be less than the level set out in Column II of that item. SOR/89-515, s. 1.

Lighting--VDT

6.7 (1) The average level of lighting at a task position or in an area set out in Column I of an item of Schedule IV shall not be more than the level set out in Column II of that item.

(2) Reflection glare on a VDT screen shall be reduced to the point where an employee at a task position is able to

(a) read every portion of any text displayed on the screen; and

(b) see every portion of the visual display on the screen.

(3) Where VDT work requires the reading of a document, supplementary lighting shall be provided where necessary to give a level of lighting of at least 500 lx on the document. SOR/89-515, s. 1.

Lighting--Aerodrome Aprons and Aircraft Stands

6.8 (1) Subject to subsection (2), the average level of lighting at a task position on an aerodrome apron shall not be less than 10 lx.

(2) The average level of lighting at a task position on an aircraft stand shall not be less than 20 lx. SOR/89-515, s. 1.

Lighting--Artefactual Exhibits and Archival Materials

6.9 The average level of lighting in an area in which artefactual exhibits or archival materials are handled or stored shall not be less than 50 lx. SOR/89-515, s. 1.

Emergency Lighting

6.10 (1) Emergency lighting shall be provided to illuminate the following areas within buildings:

(a) exits and corridors;

(b) principal routes providing access to exits in open floor areas; and

(c) floor areas where employees normally congregate.

(2) Except in the case of a primary grain elevator in which hand-held lamps are used for emergency lighting, all emergency lighting provided in accordance with subsection (1) shall

(a) operate automatically in the event that the regular power supply to the building is interrupted;

(b) provide an average level of lighting of not less than 10 lx; and

(c) be independent of the regular power source.

(3) Where a generator is used as a power source for emergency lighting, the inspection, testing and maintenance of the generator shall be in accordance with the requirements referred to in section 6.7 of the National Fire Code, as amended from time to time.

(4) Where a central storage battery system is used as a power source for emergency lighting or where emergency lighting is provided by a self-contained emergency lighting unit, the battery system or the unit shall be tested

(a) monthly by hand; and

(b) annually under simulated power failure or electrical fault conditions.

(5) Where a battery, other than a hermetically sealed battery, is tested in accordance with paragraph (4)(a), the electrolyte level of the battery shall be checked and, if necessary, adjusted to the proper level.

(6) Where a self-contained emergency lighting unit is tested in accordance with paragraph (4)(b), all lamps forming part of the unit shall be operated for the time period set out in Sentence 3.2.7.3(2) of the National Building Code, as amended from time to time, that is applicable to the class of buildings to which the building in which the unit is installed belongs.

(7) Every employer shall make a record of the results of each test performed in accordance with subsection (3) or (4) and keep the record for two years after the test. SOR/89-515, s. 1.

Minimum Levels of Lighting

6.11 (1) Subject to subsections (2) to (4), the level of lighting at any place at a task position or in an area that may be measured for the purposes of section 6.3 shall not be less than one third of the level of lighting prescribed by this Part for that task position or area.

(2) The level of lighting at any place at a task position or in an area set out in Column I of item 8 or 9 of Schedule III or Column I of item 1 of Schedule IV that may be measured for the purposes of section 6.3 shall not be less than one tenth of the level of lighting prescribed by this Part for that task position or area.

(3) The level of lighting at any place at a task position referred to in section 6.8 that may be measured for the purposes of section 6.3 shall not be less than one quarter of the level of lighting prescribed by this Part for that task position.

(4) In a building the construction of which is commenced after October 31, 1990, the level of emergency lighting at any place in an area referred to in subsection 6.10(1) that may be measured for the purposes of section 6.3 shall not be less than 0.25 lx. SOR/89-515, s. 1.

SCHEDULE I
(s. 6.4)
LEVELS OF LIGHTING IN OFFICE AREAS

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SOR/89-515, s. 1.