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CANADA LABOUR CODEMarine Occupational Safety and Health RegulationsSOR/87-183
REGULATIONS MADE UNDER PART II OF THE Short Title1. These Regulations may be cited as the Marine Occupational Safety and Health Regulations. PART IGENERALInterpretation1.1 In these Regulations, "Act" « Loi » "Act" means Part II of the Canada Labour Code;
"ANSI" « ANSI » "ANSI" means the American National Standards Institute;
"approved organization" « organisme approuvé » "approved organization" means the St. John Ambulance, the Canadian Red Cross Society or the Workers' Compensation Board of British Columbia;
"crew accommodation" « logement de l'équipage » "crew accommodation" means living, eating or sleeping quarters provided by an employer for the accommodation of employees on a ship;
"CSA" « CSA » "CSA" means the Canadian Standards Association;
"electrical equipment" « outillage électrique » "electrical equipment" means equipment for the generation, distribution or use of electricity;
"elevating device" « appareil de levage » "elevating device" means an escalator, elevator or other device for moving passengers or freight;
"first aid certificate" « certificat de secourisme » "first aid certificate" means the certificate issued by or with the authority of an approved organization for successful completion of a first aid course that covers the information set out in the St. John Ambulance publication, First Aid, Safety Oriented, dated 1983;
"marine chemist" « chimiste de la marine » "marine chemist" means a qualified person who
"oxygen deficient atmosphere" « air à faible teneur en oxygène » "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;
"protection equipment" « équipement de protection » "protection equipment" means safety materials, equipment, devices and clothing;
"qualified person" « personne qualifiée » "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;
"register tonnage" « jauge au registre » "register tonnage" means
"sanitary accommodation" « cabinet de toilette » "sanitary accommodation" means a room that contains a water closet or a urinal. Prescription1.2 These Regulations are prescribed for the purposes of sections 125, 125.1, 125.2 and 126 of the Act. Application1.3 These Regulations apply in respect of
Records and Reports1.4 Where an employer is required to keep and maintain a record, report or other document referred to in section 125 or 125.1 of the Act, 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 safety officer and by the safety and health committee or the safety and health representative, if either exists, for the ship to which it applies. Inconsistent Provisions1.5 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 of these Regulations shall prevail to the extent of the inconsistency. 1.6 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 April 2, 1987. PART IITEMPORARY STRUCTURESInterpretation2.1 In this Part, "stage" means a working platform supported from above. (plate-forme suspendue) Application2.2 This Part applies to access ladders, portable ladders, gangways, stages and scaffolds. General2.3 No employee shall use a temporary structure on a ship where it is reasonably practicable to use a permanent structure. 2.5 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. 2.6 No employee shall use a temporary structure unless
2.7 (1) Before a temporary structure is used by an employee, a qualified person shall make a visual inspection of it. (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. Access Ladders and Gangways2.8 (1) Every ship that is secured alongside a wharf or another ship shall be fitted with at least one access ladder or gangway between the ship and the wharf or other ship. (2) Where an access ladder or gangway leads to a location on board a ship that is more than 1 m above the deck, access to the deck shall be provided by means of steps. (3) Where a bulwark ladder is used to provide access to the deck of a ship, it shall be
(4) Every access ladder and gangway shall be
(5) Where an access ladder or gangway is being used by a person to board or disembark from a ship, at least one end of the ladder or gangway shall be fastened securely and, if necessary to minimize movement of the ladder or gangway, an employee, other than an employee engaged in manoeuvring the ship, shall be stationed at the ladder or gangway to assist the person using it. 2.9 (1) A safety net shall be fitted under every part of an access ladder or gangway except where
(2) Every safety net referred to in subsection (1) shall
2.10 Where a platform is provided at the bottom of an access ladder or gangway, the platform shall be flat and horizontal. 2.11 (1) Every Jacob's ladder shall be of sufficient length to reach the intended landing point. (2) The means of attaching a Jacob's ladder to a ship shall be effective and maintained in a safe condition. Scaffolds2.12 (1) The erection, use, dismantling and removal of a scaffold shall be carried out by or under the supervision of a qualified person. (2) Where a scaffold is erected on an uneven surface, it shall be provided with base plates that maintain its stability. (3) Every scaffold shall be capable of supporting at least four times the load that is likely to be imposed on it. (4) Every scaffold shall
(5) Every guardrail shall consist of
(6) Every guardrail shall be designed to withstand a static load of 890 N applied in any direction at any point on the top rail. Stages2.13 (1) The erection, use, dismantling and removal of a stage shall be carried out by or under the supervision of a qualified person. (2) Every stage shall
(3) The supporting structure and the ropes or tackle supporting a stage shall have a safety factor of not less than six. Ladders2.14 (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,
(3) Every ladder, whether portable or permanently secured, shall be positioned in such a manner that it is not necessary for a person to use the underside of the ladder. (4) Where a ladder provides access from one level to another,
(5) No metal or wire-bound portable ladder shall be used where there is a hazard that it may come into contact with any live electrical circuit or electrical 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 step ladder. (7) No non-metallic portable ladder shall be painted. Safety Nets2.15 (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. Housekeeping2.16 Every platform, handrail, 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. 2.17 The working surface of a temporary structure used by an employee shall, where reasonably practicable, be kept free of grease, oil or other slippery substance and of any material or object that may cause an employee to trip. PART IIIELEVATING DEVICESStandards3.1 (1) Every elevating device and every safety device attached thereto shall
(2) For the purposes of subsection (1), the applicable CSA standard for
Use and Operation3.2 No elevating device on a ship shall be used or operated
3.3 (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 Testing3.4 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
3.5 (1) A record of each inspection and test made in accordance with section 3.4 shall
(2) Every record referred to in subsection (1) shall be kept by the employer on the ship in which the elevating device is located for two years after the date on which it is signed in accordance with paragraph (1)(a). Repair and Maintenance3.6 Repair and maintenance of elevating devices or safety devices attached thereto shall be performed by a qualified person appointed by the employer. PART IVLEVELS OF LIGHTINGApplication4.1 This Part does not apply to
Measurement of Average Levels of Lighting4.2 (1) For the purposes of this Part, the average level of lighting in an area shall be determined by making four or more measurements at different places in the area
and dividing the aggregate of the results of the measurements by the number of the measurements. (2) Where the average level of lighting is measured in a dry provision storage room, it shall be measured when the room is empty. Minimum Average Levels of Lighting4.3 The average level of lighting for a type of work or area referred to in column I of an item of the schedule to this Part shall be not less than the average level set out in column II of that item. Emergency Lighting Systems4.4 (1) Every ship shall be equipped with an emergency lighting system that
(2) Subsection (1) does not apply to
Minimum Levels of Lighting4.5 The level of lighting at any place in an area shall be not less than one third of the average level of lighting prescribed by this Part for the area. SCHEDULE(Section 4.3) Average Levels of Lighting on Ships
PART VLEVELS OF SOUNDInterpretation5.1 In this Part,
"sound level meter" « sonomètre » "sound level meter" means an instrument for measuring levels of sound and impulse sound that meets the standards set out in ANSI Standard ANSI SI.4-1983, Specification for Sound Level Meters, dated February 17, 1983 and is referred to in that Standard as type 0, 1 or 2. Application5.2 This Part does not apply to a ship of less than 300 tons register tonnage. Levels of Sound5.3 (1) Subject to subsections (2) and (3) and sections 5.4 and 5.5, the level of sound in a work place shall be less than 85 dB. (2) Subject to subsection (3), where it is not reasonably practicable for an employer to maintain the level of sound in the work place at less than 85 dB, no employee shall be exposed in any 24 hour period
(3) Where it is not reasonably practicable for an employer to maintain the exposure of an employee to a level of sound at or below the levels referred to in subsection (1) or (2), the employer shall
5.4 No employee shall be exposed to a level of sound in crew accommodation that exceeds 75 dB. 5.5 Where the level of impulse sound in a work place exceeds 140 dB, the employer shall provide every employee entering the work place with a hearing protector that
Sound Level Measurement5.6 The levels of sound referred to in sections 5.3 and 5.4 shall be measured by using the slow exponential-time-averaging characteristic and the A-weighting characteristic of a sound level meter. 5.7 The level of impulse sound referred to in section 5.5 shall be measured by using the impulse exponential-time-averaging characteristic of a sound level meter. Warning Signs5.8 In a work place where the level of sound is 85 dB or more or where the peak level of impulse sound exceeds 140 dB, the employer shall post signs warning persons entering the work place
SCHEDULE(Subsection 5.3(2)) Maximum Exposure to Levels of Sound at Work Place
PART VIELECTRICAL SAFETYInterpretation6.1
"control device" « dispositif de commande » In this Part, "control device" means a device that will safely disconnect electrical equipment from its source of energy. Safety Procedures6.2 (1) All testing or work performed on electrical equipment shall be performed by a qualified person or an employee under the direct supervision of a qualified person. (2) Where there is a possibility that the qualified person or the employee referred to in subsection (1) may receive a hazardous electrical shock during the performance of his testing or work,
6.3 (1) Where electrical equipment is live or may become live, no employee shall work on the equipment unless
(2) Subject to subsection (3), where an employee is working on or near electrical equipment that is live or may become live, the electrical equipment shall be guarded. (3) Where it is not practicable for electrical equipment referred to in subsection (2) to be guarded, the employer shall take measures to protect the employee from injury by insulating the equipment from the employee or the employee from ground. Safety Watcher6.4 (1) Where an employee is working on or near live electrical equipment and, because of the nature of the work or the condition or location of the work place, it is necessary for the safety of the employee that the work be observed by a person not engaged in the work, the employer shall appoint a safety watcher
(2) A safety watcher shall be
(3) For the purposes of subsection (1), an employer may appoint himself as a safety watcher. Coordination of Work6.5 Where an employee is working on or in connection with electrical equipment, that employee and every other person who is so working, including every safety watcher, shall be fully informed by the employer with respect to the safe coordination of their work. Switches and Control Devices6.6 (1) Every control device shall be so designed and located as to permit quick and safe operation at all times. (2) The path of access to every electrical switch, control device or meter shall be free from obstruction. (3) Where an electrical switch or other control device controlling the supply of electrical energy to electrical equipment is operated only by a person authorized to do so by the employer, the switch or control device shall be fitted with a locking device that only the authorized person can activate. (4) Control switches for all electrically operated machinery shall be clearly marked to indicate the switch positions. Defective Electrical Equipment6.7 Defective electrical equipment shall be disconnected from its power source by a means other than the control switch and notices shall be placed on the equipment and at the control switch to indicate that the equipment is defective. Electrical Fuses6.8 (1) Electrical fuses shall be of the correct ampere rating and fault capacity rating for the circuit in which they are installed. (2) No employee shall replace missing or burnt-out fuses unless authorized to do so by a qualified person. Power Supply Cables6.9 (1) Power supply cables for portable electrical equipment shall be placed clear of areas used for vehicles unless the cables are protected by guards. (2) A three wire power supply cable on electrical equipment or appliances shall not be altered or changed for the purpose of using the equipment or appliances on a two wire power supply. Grounded Electrical Equipment6.10 Grounded electrical equipment and appliances shall be used only when connected to a matching grounded electrical outlet receptacle. PART VIISANITATIONInterpretation7.1 In this Part, "ARI" « ARI » "ARI" means the Air-Conditioning and Refrigeration Institute of the United States;
"day ship" « navire de jour » "day ship" means a ship on board which employees are not required to sleep;
"personal service room" « local réservé aux soins personnels » "personal service room" means a change room, sanitary accommodation, shower room, dining area, crew accommodation or a combination thereof. General7.2 (1) Every employer shall maintain each personal service room and galley used by employees in a clean and sanitary condition. (2) Where a ship is at sea, an inspection shall be made once a week of
(3) A record of each inspection made in accordance with subsection (2) shall be kept by the employer on the ship to which it applies for a period of two years after the inspection is made. 7.3 Personal service rooms and food preparation areas shall be so used by employees that the rooms or areas remain as clean and in as sanitary a condition as is possible. 7.4 All cleaning and sweeping that may cause dusty or unsanitary conditions shall be carried out in a manner that will prevent the contamination of the air by dust or other substances injurious to health. 7.5 Each personal service room shall be cleaned at least once every day that it is used. 7.6 Where an interior deck on a ship is normally wet and employees on the ship do not use non-slip waterproof footwear, the deck shall be covered with a dry false floor or platform or treated with a non-slip material or substance. 7.7 Each container that is used for solid or liquid waste in the work place shall
7.8 (1) Each enclosed part of a work place, each personal service room and each galley shall be constructed, equipped and maintained in a manner that will prevent the entrance of vermin. (2) Where vermin have entered any enclosed part of a work place, personal service room or galley, the employer shall immediately take all steps necessary to eliminate the vermin and prevent the re-entry of the vermin. 7.9 No person shall use a personal service room for the purpose of storing equipment unless a closet fitted with a door is provided in that room for that purpose. 7.10 In each personal service room and galley, the temperature, measured one metre above the deck in the centre of the room or galley, shall be maintained at a level of not less than 18ºC and, where reasonably practicable, not more than 29ºC. 7.11 (1) In each personal service room and galley, the decks, partitions and bulkheads shall be so constructed that they can be easily washed and maintained in a sanitary condition. (2) The deck and lower 150 mm of any partition or bulkhead that is in contact with the deck in a galley or sanitary accommodation shall be water-tight and impervious to moisture. Sanitary Accommodation7.12 Every ship, other than a day ship, shall be provided with at least one water closet. 7.13 (1) Where separate sanitary accommodations are provided for employees of each sex, each sanitary accommodation shall be equipped with a door that is self-closing and is clearly marked to indicate the sex of the employees for whom the sanitary accommodation is provided. (2) Where male and female employees use the same sanitary accommodation, the door of the sanitary accommodation shall be fitted with an inside locking device. 7.14 A sanitary accommodation shall be located
7.15 (1) Subject to subsection (2), every sanitary accommodation shall be so designed that
(2) Where a sanitary accommodation is provided as part of private crew accommodation, there may be direct access thereto from the sleeping quarters for which the sanitary accommodation is provided. 7.16 Toilet paper on a holder or in a dispenser shall be provided
7.17 Every water closet on a ship shall have
7.18 In every sanitary accommodation, the employer shall provide
Wash Basins7.19 Every ship shall be equipped with at least one washbasin. 7.20 (1) Subject to subsection (3), every employer shall provide for each sanitary accommodation washbasins supplied through taps with hot and cold water as follows:
(2) Every tap referred to in subsection (1) shall be clearly marked to indicate whether the water supply is hot or cold. (3) On day ships, hot water need not be supplied to washbasins through taps. 7.21 Every washbasin on a ship shall be made of vitreous china, vitreous enamelled iron or other material having a smooth and impervious surface that is not likely to crack, flake or become corroded. 7.22 Where the health of employees working in a work place is likely to be endangered by skin contact with a hazardous substance, the employer shall provide a wash area with washbasins supplied with hot and cold water. Showers7.23 (1) A shower for every 10 employees or portion of that number shall be provided on every ship other than a day ship. (2) Every shower shall be provided with
(3) Where duck-boards are used in showers, they shall not be made of wood. Water7.24 (1) Every employer shall provide employees with potable water for drinking and food preparation that meets the standards set out in the Guidelines for Canadian Drinking Water Quality, 1978, as amended in March 1990, published under the authority of the Minister of National Health and Welfare. (2) Potable water for drinking shall be available at all times for the use of employees. 7.25 (1) Every ship of 300 tons register tonnage or more that is not a day ship shall be capable of providing a supply of water that is available for all washbasins, bathtubs and showers and is sufficient to provide at least 68 L of water for each employee on the ship for each day he spends on the ship. (2) Where a ship is a day ship, the supply of water shall be sufficient to provide at least 22.7 L of water for each employee on the ship for each day the employee spends on the ship. 7.26 Where it is necessary to transport water for drinking, personal washing or food preparation, only sanitary portable water containers shall be used. 7.27 Where a portable storage container for drinking water is used,
7.28 Except where drinking water is supplied by a drinking fountain, sanitary single-use drinking cups shall be provided. 7.29 Any ice that is added to drinking water or used for the contact refrigeration of foodstuffs shall be
7.30 Where drinking water is supplied by a drinking fountain, the fountain shall meet the standards set out in ARI Standard 1010-82, Standard for Drinking-Fountains and Self-Contained, Mechanically-Refrigerated Drinking-Water Coolers, dated 1982. Preparation, Handling, Storage and Serving of Food7.31 (1) Each food handler shall be instructed and trained in food handling practices that prevent the contamination of food. (2) No person who is suffering from a communicable disease shall work as a food handler. 7.32 Where food is served in a work place, the employer shall adopt and implement Section G of the Sanitation Code for Canada's Foodservice Industry, published by the Canadian Restaurant and Foodservices Association and dated September, 1984, other than items 2 and 11 thereof. 7.33 (1) Foods that require refrigeration to prevent them from becoming hazardous to health shall be maintained at a temperature of 4ºC or lower. (2) Foods that require freezing to prevent them from becoming hazardous to health shall be maintained at a temperature of -11ºC or lower. 7.34 All equipment and utensils that come into contact with food shall be
7.35 No person shall eat, prepare or store food in
Food Waste and Garbage7.36 (1) No food waste or garbage shall be stored in a galley. (2) Food waste and garbage shall be handled and removed from a galley or dining area in accordance with subsections (3) and (4). (3) Garbage shall be held in leak-proof, non-absorptive, easily-cleaned containers with tight-fitting covers. (4) Dry food waste and garbage shall be removed or incinerated. (5) Food waste and garbage containers shall be kept covered and the food waste and garbage removed as frequently as is necessary to prevent unsanitary conditions. (6) Food waste and garbage containers shall, each time they are emptied, be cleansed and disinfected in an area separate from the galley. Galleys and Dining Areas7.37 Every dining area provided by the employer shall be
7.38 Where no galley is provided on a day ship and any employee is required to eat on board, a hot plate or range, a refrigerator or cooler and dishwashing facilities shall be provided on board. Crew Accommodation7.39 In each crew accommodation,
PART VIIIHAZARDOUS SUBSTANCESInterpretation8.1 In this Part,
"hazard information" « renseignements sur les dangers » "hazard information" means, in respect of a hazardous substance, information on the proper and safe storage, handling and use of the hazardous substance, including information relating to its toxicological properties;
"lower explosive limit" « limite explosive inférieure » means the lower limit of flammability of a chemical agent or a combination of chemical agents at ambient temperature and pressure, expressed
"product identifier" « identificateur du produit » "product identifier" means, in respect of a hazardous substance, the brand name, code name or code number specified by the supplier or employer or the chemical name, common name, generic name or trade name;
"supplier" « fournisseur » "supplier" means a person who is a manufacturer, processor or packager of a hazardous substance or a person who, in the course of business, imports or sells a hazardous substance. Application8.2 This Part does not apply to the transportation or handling of dangerous goods to which the Transportation of Dangerous Goods Act and the regulations made thereunder apply. DIVISION IGENERAL Hazard Investigation 8.3 (1) Where there is a likelihood that the safety or health of an employee in a work place is or may be endangered by exposure to a hazardous substance, the employer shall, without delay,
(2) In the investigation referred to in subsection (1), the following criteria shall be taken into consideration:
8.4 On completion of the investigation referred to in subsection 8.3(1) and after consultation with the safety and health committee or the safety and health representative, if either exists, the marine chemist or other qualified person shall set out in a written report signed by that person
8.5 The report referred to in section 8.4 shall be kept by the employer on the ship to which it applies for two years after the date on which the marine chemist or other qualified person signed the report. Substitution of Substances 8.6 (1) No person shall use a hazardous substance for any purpose in a work place where it is reasonably practicable to substitute therefor a substance that is not a hazardous substance. (2) Where a hazardous substance is to be used for any purpose in a work place and an equivalent substance that is less hazardous is available to be used for that purpose, the equivalent substance shall be substituted for the hazardous substance where reasonably practicable. Ventilation 8.7 Every ventilation system used to control the concentration of an airborne hazardous substance shall be so designed, constructed and installed that
Warnings 8.8 Where reasonably practicable, automated warning and detection systems shall be provided by the employer where the seriousness of any exposure to a hazardous substance so requires. Storage, Handling and Use 8.9 Every hazardous substance stored, handled or used in a work place shall be stored, handled or used in a manner whereby the hazard related to that substance is reduced to a minimum. 8.10 Subject to section 8.13, where a hazardous substance is stored, handled or used in a work place, any hazard resulting from that storage, handling or use shall be confined to as small an area as practicable. 8.11 Every container for a hazardous substance that is used in a work place shall be so designed and constructed that it protects the employees from any safety or health hazard that is created by the hazardous substance. 8.12 The quantity of a hazardous substance used or processed in a work place shall, to the extent that is practicable, be kept to a minimum. 8.13 Where, in a work place, a hazardous substance is capable of combining with another substance to form an ignitable combination and a hazard of ignition of the combination by static electricity exists, the employer shall adopt and implement the standards set out in the United States National Fire Prevention Association Inc. publication NFPA 77-1983, Recommended Practice on Static Electricity, dated 1983. Warning of Hazardous Substances 8.14 Where a hazardous substance is stored, handled or used in a work place, signs shall be posted in conspicuous places warning every person granted access to the work place of the presence of the hazardous substance and of any precautions to be taken to prevent or reduce any hazard of injury to health. Assembly of Pipes 8.17 Every assembly of pipes, pipe fittings, valves, safety devices, pumps, compressors and other fixed equipment that is used for transferring a hazardous substance from one location to another shall be
Employee Education 8.18 (1) Every employer shall, in consultation with the safety and health committee or the safety and health representative, if either exists, develop and implement an employee education program with respect to hazard prevention and control at the work place. (2) The employee education program referred to in subsection (1) shall include
(3) Every employer shall, in consultation with the safety and health committee or the safety and health representative, if either exists, review the employee education program referred to in subsection (1) and, if necessary, revise it
8.20 A written record of the employee education program referred to in subsection 8.18(1) shall be kept by the employer
Medical Examinations 8.21 (1) Where the report referred to in section 8.4 contains a recommendation for a medical examination, the employer may consult a physician regarding that recommendation. (2) Where the employer
the employer shall not permit an employee to work with the hazardous substance in the work place until a physician, acceptable to the employee, has examined the employee and declared the employee fit for work with the hazardous substance. (3) Where an employer consults a physician pursuant to subsection (1), the employer shall keep a copy of the decision of the physician with the report referred to in section 8.4. (4) The cost of a medical examination referred to in subsection (2) shall be borne by the employer. Control of Hazards 8.22 (1) No employee shall be exposed to a concentration of
(2) Where there is a likelihood that the concentration of an airborne chemical agent may exceed the applicable value referred to in paragraph (1)(a) or (b), the air shall be sampled by a qualified person and the concentration of the chemical agent determined by test in accordance with
(3) A record of each test made pursuant to subsection (2) shall be kept by the employer on the ship where the concentration was sampled for two years after the date of the test. (4) A record referred to in subsection (3) shall include
8.23 (1) Subject to subsection (2), the concentration of an airborne chemical agent or combination of airborne chemical agents in a work place shall be less than 50 per cent of the lower explosive limit of the chemical agent or combination of chemical agents. (2) Where a source of ignition may ignite the concentration of an airborne chemical agent or combination of airborne chemical agents in a work place, that concentration shall not exceed 10 per cent of the lower explosive limit of the chemical agent or combination of chemical agents. 8.24 (1) Compressed air shall be used in such a manner that the air is not directed forcibly against any person. (2) Where compressed air is used, its use shall not result in a concentration of a hazardous substance in the atmosphere in excess of the values or levels prescribed in subsection 8.22(1). Explosives 8.25 All blasting using dynamite, blasting caps or other explosives shall be done by a qualified person. DIVISION IIHAZARDOUS SUBSTANCES OTHER THAN CONTROLLED PRODUCTS Identification 8.26 Every container of a hazardous substance, other than a controlled product, that is stored, handled or used on a ship shall be labelled in a manner that discloses clearly
8.27 Where a material safety data sheet pertaining to a hazardous substance, other than a controlled product, that is stored, handled or used on a ship may be obtained from the supplier of the hazardous substance, the employer shall
DIVISION IIICONTROLLED PRODUCTS Interpretation 8.28 In this Division, "bulk shipment" « expédition en vrac » "bulk shipment" means a shipment of a controlled product that is contained, without intermediate containment or intermediate packaging, in
"fugitive emission" « émission fugitive » "fugitive emission" means a controlled product in gas, liquid or solid form that escapes from processing equipment, from control emission equipment or from a product;
"hazardous waste" « résidu dangereux » "hazardous waste" means a controlled product that is intended solely for disposal or is sold for recycling or recovery;
"manufactured article" « article manufacturé » "manufactured article" means any article that is formed to a
specific shape or design during manufacture, the intended use of which when in that form
is dependent in whole or in part on its shape or design, and that, under normal conditions
of use, will not release or otherwise cause a person to be exposed to a controlled
product;
"readily available" « facilement accessible » "readily available" means present in an appropriate place in a physical copy form that can be handled;
"supplier label" « étiquette du fournisseur » "supplier label" means, in respect of a controlled product, a label prepared by a supplier pursuant to the Hazardous Products Act;
"supplier material safety data sheet" « fiche signalétique du fournisseur » "supplier material safety data sheet" means, in respect of a controlled product, a material safety data sheet prepared by a supplier pursuant to the Hazardous Products Act;
"work place label" « étiquette du lieu de travail » "work place label" means, in respect of a controlled product, a label prepared by an employer pursuant to this Division;
"work place material safety data sheet" « fiche signalétique du lieu de travail » "work place material safety data sheet" means, in respect of a controlled product, a material safety data sheet prepared by an employer pursuant to subsection 8.32(1).
Application 8.29 (1) This Division does not apply in respect of any
(2) This Division, other than section 8.42, does not apply in respect of hazardous waste. Material Safety Data Sheets and Labels in 8.30 Subject to section 8.41, every employer shall adopt and implement the provisions of sections 8.26 and 8.27 in respect of a controlled product and may, in so doing, replace the name of the substance with the product identifier, where the controlled product is a controlled product that
Supplier Material Safety Data Sheets 8.31 (1) Where a controlled product, other than a controlled product referred to in paragraph 8.30(c), is received by an employer on a ship, the employer shall, at the time the controlled product is received, obtain from the supplier of the controlled product a supplier material safety data sheet, unless the employer has in his possession a supplier material safety data sheet that
(2) Where there is a controlled product on a ship and the supplier material safety data sheet pertaining to the controlled product is three years old, the employer shall, where possible, obtain from the supplier an up-to-date supplier material safety data sheet. (3) Where it is not practicable for an employer to obtain an up-to-date supplier material safety data sheet referred to in subsection (2), the employer shall update the hazard information on the most recent supplier material safety data sheet that the employer has received on the basis of the ingredients disclosed in that supplier material safety data sheet. (4) Where a controlled product is received in a work place that is a laboratory on a ship, the employer is excepted from the requirements of subsection (1) if the controlled product
Work Place Material Safety Data Sheets 8.32 (1) Subject to section 8.41, where an employer produces on a ship a controlled product, other than a fugitive emission, the employer shall prepare a work place material safety data sheet in respect of the controlled product that discloses the information required to be disclosed by
(2) Subject to section 8.41, where an employer receives a supplier material safety data sheet, the employer may prepare a work place material safety data sheet to be used on a ship in place of the supplier material safety data sheet if
(3) The employer shall update the work place material safety data sheet referred to in subsection (1) or (2)
(4) Where the information required to be disclosed by this section is not available to the employer or not applicable to the controlled product, the employer shall replace the information by the words "not available" or "not applicable", as the case may be, in the English version and the words "pas disponible" or "sans objet", as the case may be, in the French version of the material safety data sheet. Availability of Material Safety Data Sheets 8.33 (1) Subject to subsection (2), every employer, other than an employer referred to in subsection 8.31(4), shall keep readily available for examination on a ship on which an employee may handle or be exposed to a controlled product a copy in English and in French of
(2) In place of keeping a material safety data sheet in the manner required by subsection (1), an employer may make a computerized version of the material safety data sheet available in English and in French for examination by employees and by the safety and health committee or the safety and health representative, if either exists, by means of a computer terminal if the employer
Labels 8.34 (1) Subject to sections 8.36 to 8.38, each controlled product, other than a controlled product referred to in paragraph 8.30(c), on a ship that is intended for use on the ship and each container in which such a controlled product is contained on a ship shall, if the controlled product or the container was received from a supplier, have applied to it a supplier label. (2) Subject to sections 8.36 to 8.38 and 8.41, where a controlled product, other than a controlled product referred to in paragraph 8.30(c), is received from a supplier and an employer places the controlled product on a ship in a container, other than the container in which it was received from the supplier, the employer shall apply to the container a supplier label or a work place label that discloses the information referred to in paragraphs 8.40(a) to (c). 8.35 (1) Subject to sections 8.36 to 8.38, where an employer produces on a ship a controlled product, other than a fugitive emission, and the controlled product is not in a container, the employer shall disclose the following information on a work place label applied to the controlled product or on a sign posted in a conspicuous place in the work place:
(2) Subject to sections 8.36 to 8.38, where an employer produces on a ship a controlled product, other than a fugitive emission, and places the controlled product in a container, the employer shall apply a work place label to the container that discloses the information referred to in paragraphs (1)(a) to (c). (3) Subject to sections 8.40 and 8.41, no person shall remove, deface, modify or alter the supplier label applied to
Portable Containers 8.36 Where an employer stores a controlled product on a ship in a container that has applied to it a supplier label or a work place label, a portable container filled from that container does not have to be labelled in accordance with section 8.34 if
Special Cases 8.37 An employer shall, in a conspicuous place near a controlled product, post a sign in respect of the controlled product that discloses the product identifier if the controlled product is
Laboratories 8.38 The label of the container of a controlled product in a laboratory on a ship shall disclose
Signs 8.39 The information disclosed on a sign referred to in subsection 8.35(1), section 8.37 or paragraph 8.42(b) shall be of such a size that it is clearly legible to the employees in the work place. Replacing Labels 8.40 Where, on a ship, a label applied to a controlled product or a container of a controlled product becomes illegible or is removed from the controlled product or the container, the employer shall replace the label with a work place label that discloses the following information:
Exemptions from Disclosure 8.41 (1) Subject to subsection (2), where an employer has filed a claim for exemption from the requirement to disclose information on a material safety data sheet or on a label pursuant to subsection 11(2) of the Hazardous Materials Information Review Act, the employer shall disclose, in place of the information that the employer is exempt from disclosing,
(2) Where a claim for exemption referred to in subsection (1) is in respect of the chemical name, common name, generic name, trade name or brand name of a controlled product, the employer shall, on the material safety data sheet or label of the controlled product, replace that information with a code name or code number specified by the employer as the product identifier for that controlled product. Hazardous Waste 8.42 Where a controlled product on a ship is hazardous waste, the employer shall clearly identify it as hazardous waste by
Information Required in a Medical Emergency 8.43 For the purposes of subsection 125.2(1) of the Act, a medical professional is a registered nurse registered or licensed under the laws of a province. PART IXCONFINED SPACESInterpretation9.1 In this Part, "confined space" « espace clos » "confined space" means a storage tank, ballast tank, pump room, coffer dam or other enclosure, other than a hold, not designed or intended for human occupancy, except for the purpose of performing work,
"hot work" « travail à chaud » "hot work" means welding, burning, rivetting, drilling, grinding, chipping or any other work where flame is used or sparks are produced;
"locked out" « verrouillé » "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. General9.2 (1) Where a person is about to enter a confined space on a ship, the employer shall appoint a marine chemist or other qualified person to verify by tests that
(2) The marine chemist or other qualified person referred to in subsection (1) shall, in a written report signed by him,
identify which of the procedures are to be followed;
(3) The employer shall provide to each person granted access to the confined space the protection equipment referred to in subsection (2). (4) The written report referred to in subsection (2) and any procedures identified therein shall be explained to an employee who is about to enter into the confined space, other than the marine chemist or other qualified person referred to in subsection (1), and the employee shall acknowledge, by signing a dated copy of the report, that he has read the report and that the report and the procedures were explained to him. (5) The employee referred to in subsection (4) shall be instructed and trained in
(6) Every employee who enters into, exits from or occupies the confined space shall
9.3 Where conditions in the confined space or the nature of the work to be performed in the confined space are such that subparagraph 9.2(1)(a)(i) or paragraph 9.2(1)(b), (c) or (e) cannot be complied with, the following procedures shall apply:
9.4 Before a confined space is sealed, the person in charge of the area surrounding the confined space shall ascertain that no person is inside the confined space. Hot Work Operations9.5 (1) Hot work shall not be performed in a confined space where an explosive or flammable hazardous substance may be present, unless a marine chemist or other qualified person has determined that the work can be safely performed therein. (2) Where hot work is to be performed in a confined space,
Ventilation Equipment9.6 (1) Where a hazardous substance may be produced by hot work in a confined space,
(2) Where an airborne hazardous substance or oxygen in the atmosphere in a confined space is maintained at the value, level or percentage referred to in subsection 9.2(1) by the use of ventilation equipment, no person shall be granted access to the confined space unless
(3) The employee referred to in subparagraph (2)(a)(ii) shall activate an alarm in the event of faulty operation of the ventilation equipment. Reports and Procedures9.7 The written report referred to in subsection 9.2(2) shall be kept by the employer on the ship on which the confined space is located for two years after the date on which the marine chemist or other qualified person signs the report. 9.8 Where the employer establishes procedures or emergency procedures referred to in paragraph 9.2(2)(b) or (e), he shall keep a copy of them on the ship to which they refer. PART XSAFETY MATERIALS, EQUIPMENT, DEVICES AND CLOTHINGGeneral10.1 Where
every person granted access to the work place who is exposed to that hazard shall use the protection equipment prescribed by this Part. 10.2 All protection equipment
10.3 All protection equipment provided by the employer shall
Protective Headwear10.4 Where there is a hazard of head injury in a work place, the employer shall provide protective headwear that meets the standards set out in CSA Standard Z94.1-M1977, Industrial Protective Headwear, the English version of which is dated April, 1977, as amended to September, 1982 and the French version of which is dated April, 1980, as amended to September, 1982. Protective Footwear10.5 (1) Where there is a hazard of a foot injury or electric shock through footwear in a work place, protective footwear that meets the standards set out in CSA Standard Z195-M1984, Protective Footwear, the English version of which is dated March, 1984 and the French version of which is dated December, 1984, shall be used. (2) Where there is a hazard of slipping in a work place, non-slip footwear shall be used. Eye and Face Protection10.6 Where there is a hazard of injury to the eyes, face, ears or front of the neck of an employee in a work place, the employer shall provide eye or face protectors that meet the standards set out in CSA Standard Z94.3-M1982, Industrial Eye and Face Protectors, the English version of which is dated May, 1982 and the French version of which is dated February, 1983. Respiratory Protection10.7 (1) Where there is a hazard of an airborne hazardous substance or an oxygen deficient atmosphere in a work place, the employer shall provide
(2) A respiratory protective device or breathing apparatus referred to in subsection (1) shall be selected, fitted, cared for, used and maintained in accordance with the standards set out in CSA Standard Z94.4-M1982, Selection, Care and Use of Respirators, the English version of which is dated May, 1982, as amended to September, 1984 and the French version of which is dated March, 1983, as amended to September, 1984, excluding clauses 6.1.5, 10.3.3.1.2 and 10.3.3.4.2(c). (3) Where air is provided for the purpose of a respiratory protective device or breathing apparatus referred to in subsection (1),
(4) Where a steel or aluminum self-contained breathing apparatus cylinder has a dent deeper than 1.5 mm and less than 50 mm in major diameter or shows evidence of deep isolated pitting, cracks or splits, the cylinder shall be removed from service until it has been shown to be safe for use by means of a hydrostatic test at a pressure equal to one and one-half times the maximum allowable working pressure. Skin Protection10.8 Where there is a hazard of injury or disease to or through the skin of a person in a work place, the employer shall provide to any person granted access to the work place
Fall-Protection Systems10.9 (1) Where a person, other than an employee who is installing or removing a fall-protection system in accordance with the instructions referred to in subsection (5), works from
the employer shall provide a fall-protection system. (2) The components of a fall-protection system shall meet the following standards:
(3) The anchor of a fall-protection system shall be capable of withstanding a force of 17.8 kN. (4) A fall-protection system that is used to arrest the fall of a person shall prevent that person
(5) Every employee required to install or remove a fall-protection system in a work place shall be instructed and trained by the employer in the procedures to be followed for the installation or removal of the system. Loose Clothing10.10 Loose-fitting clothing, long hair, dangling accessories, jewellery or other similar items that are likely to be hazardous to the safety or health of an employee in a work place shall not be worn unless they are so tied, covered or otherwise secured as to prevent the hazard. Protection Against Moving Vehicles10.11 Where an employee is regularly exposed to contact with moving vehicles during work, the employee shall wear a vest or other clothing worn by signallers. Records10.12 (1) A record of all self-contained breathing apparatus provided by the employer shall be kept by him on the ship on which the breathing apparatus is located for two years after it ceases to be used. (2) The record referred to in subsection (1) shall contain
Instructions and Training10.13 (1) Every person granted access to a work place who uses protection equipment shall be instructed by the employer in the use of the equipment. (2) Every employee who uses protection equipment shall be instructed and trained in the use, operation and maintenance of the equipment. (3) The instructions referred to in subsections (1) and (2) shall be
Defective Protection Equipment10.14 Where an employee finds any defect in protection equipment that may render it unsafe for use, he shall report the defect to his employer as soon as possible. 10.15 An employer shall mark or tag as unsafe and remove from service any protection equipment used by his employees that has a defect that may render it unsafe for use. PART XITOOLS AND MACHINERYInterpretation11.1 In this Part, "explosive actuated fastening tool" « pistolet de scellement à cartouches explosives » "explosive actuated fastening tool" means a tool that, by means of an explosive force, propels or discharges a fastener for the purpose of impinging it on, affixing it to or causing it to penetrate another object or material;
"fire hazard area" « endroit présentant un risque d'incendie » "fire hazard area" means an area that contains or is likely to contain an explosive or flammable concentration of a hazardous substance. Design, Construction, Operation and Use of Tools11.2 The exterior surface of any tool used by an employee in a fire hazard area shall be made of non-sparking material. 11.3 All portable electric tools used by employees shall meet the standards set out in CSA Standard CAN/CSA-C22.2 No. 71.1-M89, Portable Electric Tools, the English version of which is dated September 1989 and the French version of which is dated February 1991. 11.4 (1) Subject to subsection (2), all portable electric tools used by employees shall be grounded. (2) Subsection (1) does not apply to tools that
11.5 All portable electric tools used by employees in a fire hazard area shall be marked as appropriate for use or designed for use in such a fire hazard area. 11.6 Where an air hose is connected to a portable air-powered tool used by an employee, a restraining device shall be attached
11.7 (1) All explosive actuated fastening tools used by employees shall meet the standards set out in CSA Standard Z166-1975, Explosive Actuated Fastening Tools, dated June, 1975. (2) No employee shall operate an explosive actuated fastening tool unless authorized to do so by his employer. (3) Every employee who operates an explosive actuated fastening tool shall operate it in accordance with the CSA Standard referred to in subsection (1). 11.8 All chain saws used by employees shall meet the standards set out in CSA Standard CAN3-Z62.1-M85, Chain Saws, dated February, 1985. Defective Tools and Machines11.9 Where an employee finds any defect in a tool or machine that may render it unsafe for use, he shall report the defect to his employer as soon as possible. 11.10 An employer shall mark or tag as unsafe and remove from service any tool or machine used by his employees that has a defect that may render it unsafe for use. Instructions and Training11.11 Every employee shall be instructed and trained by a qualified person appointed by his employer in the safe and proper inspection, maintenance and use of all tools and machinery that he is required to use. 11.12 (1) Every employer shall maintain a manual of operating instructions for each type of portable electric tool, portable air-powered tool, explosive actuated fastening tool and machine used by his employees. (2) A manual referred to in subsection (1) shall be kept by the employer readily available for examination by an employee who is required to use the tool or machine to which the manual applies. General Requirements for Machine Guards11.13 (1) Every machine that has exposed moving, rotating, electrically charged or hot parts or that processes, transports or handles material that constitutes a hazard to an employee shall be equipped with a machine guard that
(2) To the extent that is reasonably practicable, a machine guard referred to in subsection (1) shall not be removable. (3) A machine guard shall be so constructed, installed and maintained that it meets the requirements of subsection (1). Use, Operation, Repair and Maintenance of Machine Guards11.14 Machine guards shall be operated, maintained and repaired by a qualified person. 11.15 (1) Subject to subsection (2), where a machine guard is installed on a machine, no person shall use or operate the machine unless the machine guard is in its proper position. (2) A machine may be operated when the machine guard is not in its proper position in order to permit the removal of an injured person from the machine. 11.16 (1) Subject to subsection (2), where it is necessary to remove a machine guard from a machine in order to perform repair or maintenance work on the machine, no person shall perform the repair or maintenance work unless the machine has been rendered inoperative. (2) Where it is not reasonably practicable to render a machine referred to in subsection (1) inoperative in order to perform repair or maintenance work on the machine, the work may be performed if the person performing the work is a qualified person or performs the work under the direct supervision of a qualified person. Abrasive Wheels11.17 Abrasive wheels shall be
in accordance with sections 4 to 6 of CSA Standard B173.5-1979, Safety Requirements for the Use, Care and Protection of Abrasive Wheels, dated February, 1979. 11.18 A bench grinder shall be equipped with a work rest or other device that
Woodworking Machinery11.19 Woodworking machinery shall be guarded in accordance with clause 3.3 of CSA Standard Z114-M1977, Safety Code for the Woodworking Industry, dated March, 1977. PART XIIMATERIAL HANDLING AND STORAGEInterpretation12.1 In this Part, "materials handling equipment" « appareil de manutention des matériaux » "materials handling equipment" means equipment used to transport, lift, move or position materials, goods or things and includes mobile equipment but does not include an elevating device;
"National Fire Code" « Code national de prévention des incendies » "National Fire Code" means the National Fire Code of Canada, 1985, issued by the Associate Committee on the National Fire Code, National Research Council of Canada, dated 1985;
"safe working load" « charge de travail admissible » "safe working load" means, with respect to materials handling equipment, the maximum load that the materials handling equipment is designed and constructed to handle or support safely;
"signaller" « signaleur » "signaller" means a person instructed by an employer to direct, by means of visual or auditory signals, the safe movement and operation of materials handling equipment. Application12.2 This Part does not apply to or in respect of the use and operation of tackle in the loading or unloading of ships. DIVISION IDESIGN AND CONSTRUCTION General 12.3 (1) Materials handling equipment shall, to the extent that is reasonably practicable, be so designed and constructed that, if there is a failure of any part of the materials handling equipment, it will not result in loss of control of the materials handling equipment or create a hazardous condition. (2) All glass in doors, windows and other parts of materials haNdling equipment shall be of a type designed not to shatter into sharp or dangerous pieces on impact. Protection from Falling Objects 12.4 (1) Where materials handling equipment is used in circumstances where the operator of the equipment may be struck by a falling object or shifting load, the employer shall equip the materials handling equipment with a protective structure of such a design, construction and strength that it will, under all foreseeable conditions, prevent the penetration of the object or load into the area occupied by the operator. (2) A protective structure referred to in subsection (1) shall be
12.5 Where, during the loading or unloading of materials handling equipment, the load will pass over the operator's position, the operator shall not occupy the materials handling equipment unless it is equipped with a protective structure referred to in section 12.4. Protection from Overturning 12.6 (1) Where mobile equipment is used in circumstances in which it may turn over, it shall be fitted with a rollover protection device that meets the standards set out in CSA Standard B352-M1980, Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial and Mining Machines, the English version of which is dated September 1980 and the French version of which is dated April 1991. (2) Guards shall be installed on the deck of every ship and on every other elevated working area on which mobile equipment is used to prevent the equipment from falling over the sides of the deck or area. Fuel Tanks 12.7 Where a fuel tank, compressed gas cylinder or similar container contains a hazardous substance and is mounted on materials handling equipment, it shall be
Protection from Elements 12.8 (1) Materials handling equipment that is regularly used outdoors shall be fitted with a roof or other structure that will protect the operator from exposure to any weather condition that is likely to be hazardous to his safety or health. (2) Where heat produced by materials handling equipment raises the temperature in the operator's compartment or position to 27ºC or more, the compartment or position shall be protected from the heat by an insulated barrier. Controls 12.9 The arrangement and design of dial displays and the controls and general layout and design of the operator's compartment or position on all materials handling equipment shall not hinder or prevent the operator from operating the materials handling equipment. Fire Extinguishers 12.10 (1) Mobile equipment that is used or operated for transporting or handling combustible or flammable substances shall be equipped with a dry chemical fire extinguisher. (2) The fire extinguisher referred to in subsection (1) shall
Means of Entering and Exiting 12.11 All materials handling equipment shall be provided with a step, handhold or other means of entering into and exiting from the compartment or position of the operator and any other place on the equipment that an employee enters in order to service the equipment. Lighting 12.12 Where mobile equipment is used or operated by an employee in a work place at night or at any time when the level of lighting within the work place is less than 1 dalx, the mobile equipment shall be
Control Systems 12.13 All mobile equipment shall be fitted with braking, steering and other control systems that
Warnings 12.14 Mobile equipment shall be fitted with a horn or similar audible warning device having a distinctive sound that can be clearly heard above the noise of the equipment and any surrounding noise. Seat Belts 12.15 Where mobile equipment is used under conditions where a seat belt or shoulder strap type restraining device is likely to contribute to the safety of the operator or passengers, the mobile equipment shall be fitted with such a belt or device. Rear View Mirror 12.16 Where mobile equipment cannot be operated safely in reverse unless it is equipped with an outside rear view mirror, the mobile equipment shall be so equipped. Electric Materials Handling Equipment 12.17 Any materials handling equipment that is electrically powered shall be so designed and constructed that the operator and all other employees are protected from electrical shock or injury by means of protective guards, screens or panels secured by bolts, screws or other equally reliable fasteners. Automatic Materials Handling Equipment 12.18 Where materials handling equipment that is controlled or operated by a remote or automatic system may make physical contact with an employee, it shall be prevented from doing so by the provision of an emergency stop system or barricades. Conveyors 12.19 The design, construction, installation, operation and maintenance of each conveyor, cableway or other similar materials handling equipment shall meet the standards set out in ANSI Standard ANSI/ASME B20.1-1984, Safety Standard for Conveyors and Related Equipment, dated May 31, 1984. DIVISION IIMAINTENANCE, OPERATION AND USE Inspection, Testing and Maintenance 12.20 (1) Before materials handling equipment is operated for the first time in a work place, the employer shall set out in writing instructions for the inspection, testing and maintenance of that materials handling equipment. (2) The instructions referred to in subsection (1) shall specify the nature and frequency of inspections, tests and maintenance. 12.21 (1) The inspection, testing and maintenance of all materials handling equipment shall be performed by a qualified person. (2) The qualified person referred to in subsection (1) shall
(3) The report referred to in paragraph (2)(b) shall
(4) The employer shall keep on every ship on which the materials handling equipment is located a copy of
Operator Training 12.22 (1) Every operator of materials handling equipment shall be instructed and trained by the employer in the procedures to be followed for
(2) Every employer shall keep a record of any instruction or training referred to in subsection (1) given to an operator of materials handling equipment for as long as the operator remains in his employ. Operation 12.23 No employer shall require an employee to operate materials handling equipment unless the employee is capable of operating the equipment safety. 12.24 (1) No person shall operate materials handling equipment unless
(2) No materials handling equipment shall be used on a ramp with a slope greater than the maximum slope recommended by the manufacturer of the equipment. (3) No person shall leave mobile equipment unattended unless the equipment has been properly secured to prevent it from moving. 12.25 (1) Every employer shall establish a code of signals for the purposes of paragraph 12.24(1)(b) and shall
(2) No signaller shall perform duties other than signalling while any materials handling equipment under his direction is in motion. (3) Where it is not practicable for a signaller to use visual signals, a telephone, radio or other signalling device shall be provided by the employer for the use of the signaller. Repairs 12.26 (1) Subject to subsection (2), any repair, modification or replacement of a part of any materials handling equipment shall not decrease the safety of the materials handling equipment or part. (2) If a part of less strength or quality than the original part is used in the repair, modification or replacement of a part of any materials handling equipment, the use of the materials handling equipment shall be restricted by the employer to such loading and use as will ensure the retention of the original safety of the equipment or part. Transporting and Positioning Employees 12.27 (1) Materials handling equipment shall not be used for transporting an employee uinless the equipment is specifically designed for that purpose. (2) Materials handling equipment shall not be used for positioning an employee unless the equipment is equipped with a platform, bucket or basket designed for that purpose. Loading, Unloading and Maintenance While in Motion 12.28 No materials, goods or things shall be picked up from or placed on any mobile equipment while the equipment is in motion unless the equipment is specifically designed for that purpose. 12.29 Except in the case of an emergency, no employee shall get on or off any mobile equipment while it is in motion. 12.30 (1) Subject to subsection (2), no repair, maintenance or cleaning work shall be performed on any materials handling equipment while the materials handling equipment is being operated. (2) Fixed parts of materials handling equipment may be repaired, maintained or cleaned while the materials handling equipment is being operated if they are so isolated or protected that the operation of the materials handling equipment does not affect the safety of the employee performing the repair, maintenance or cleaning work. Positioning the Load 12.31 Where mobile equipment is travelling with a raised or suspended load on a ship, the operator of the equipment shall ensure that the load is carried as close to the deck as the situation permits and in no case shall the load be carried at a point above the centre of gravity of the loaded mobile equipment. Tools 12.32 Where tools, tool boxes or spare parts are carried on materials handling equipment, they shall be securely stored. Housekeeping 12.33 The floor, cab and other occupied parts of materials handling equipment shall be kept free of any grease, oil, materials, tools or equipment that may create a hazard to an employee. Parking 12.34 No mobile equipment shall be parked in a passageway, doorway or other place where it may interfere with the safe movement of persons, materials, goods or things. Materials Handling Area 12.35 (1) In this section, "materials handling area" means an area within which
may create a hazard to any person. (2) The main approaches to any materials handling area shall be posted with warning signs or shall be under the control of a signaller while operations are in progress. (3) No person shall enter a materials handling area while operations are in progress unless that person
(4) If any person other than a person referred to in subsection (3) enters a materials handling area while operations are in progress, the employer shall cause the operations in that area to be immediately discontinued and not resumed until that person has left the area. Dumping 12.36 Where mobile equipment designed for dumping is used to discharge a load at the edge of a sudden drop in level that may cause the mobile equipment to tip,
to prevent the mobile equipment from falling over the edge. Enclosed Working Areas 12.37 Every enclosed working area in which materials handling equipment powered by an internal combustion engine is used shall be ventilated in such a manner that the carbon monoxide concentration in the atmosphere of the working area does not exceed 50 parts per million. Fuelling 12.38 (1) Where materials handling equipment is fuelled on a ship, the fuelling shall be done in accordance with the instructions given by the employer pursuant to section 12.22 in a place where the vapours from the fuel are readily dissipated. (2) Subject to subsection (3), no employee shall fuel materials handling equipment
(3) Materials handling equipment may be fuelled in the hold or an enclosed space of a ship if
Safe Working Loads 12.39 (1) No materials handling equipment shall be used or operated with a load that is in excess of its safe working load. (2) The safe working load of materials handling equipment shall be clearly marked on the equipment or on a label securely attached to a permanent part of the equipment in a position where the mark or label can be easily read by the operator of the equipment. Clearances 12.40 On any route that is regularly travelled by mobile equipment, the overhead and side clearances shall be adequate to permit the mobile equipment and its load to be manoeuvred safely by an operator. 12.41 No materials handling equipment shall be operated in an area in which it may contact an electrical cable, pipeline or other overhead hazard known to the employer, unless the operator has been
DIVISION IIIMANUAL HANDLING OF MATERIALS 12.42 Where, because of the weight, size, shape, toxicity or other characteristic of materials, goods or things, the manual handling of the materials, goods or things may be hazardous to the safety or health of an employee, the employer shall issue instructions that the materials, goods or things shall, where reasonably practicable, not be handled manually. 12.43 Where an employee is required to manually lift or carry a load in excess of 10 kg, the employee shall be instructed and trained by the employer
DIVISION IVSTORAGE OF MATERIALS 12.44 (1) All materials, goods and things shall be stored and placed in such a manner that the maximum safe load-carrying capacity of the deck or other supporting structures is not exceeded. (2) No materials, goods or things shall be stored or placed in a manner that may
PART XIIIFIRST AIDInterpretation13.1 In this Part,
"detached work place" « lieu de travail séparé » "detached work place" means a work place away from a ship where employees normally employed on the ship are engaged in work related to the operation of the ship;
"first aid room" « salle de premiers soins » "first aid room" means a room used exclusively for first aid or medical purposes;
"first aid station" « poste de secours » "first aid station" means a place, other than a first aid room, at which first aid supplies or equipment are stored;
"health unit" « service de santé » "health unit" means a consultation and treatment facility that is in the charge of a person who is a registered nurse under the laws of any province;
"medical facility" « installation médicale » "medical facility" means a medical clinic or the office of a physician. General13.2 (1) Every employer shall establish written instructions that provide for the prompt rendering of first aid to an employee for any injury, occupational disease or illness. (2) A copy of the instructions referred to in subsection (1) shall be kept by the employer readily available for examination by employees. (3) Where an employee sustains an injury or becomes aware that he has an occupational disease or illness, he shall, where possible, report immediately for first aid to a person who holds a first aid certificate. 13.3 (1) The employer shall provide on every ship
(2) Subsection (1) does not apply in respect of shore-based employees for whom there is provided on shore a first aid room, a health unit or a medical facility. First Aid Stations13.4 (1) At least one first aid station shall be provided on every ship. (2) Every first aid station shall be
Posting of Information13.5 (1) Subject to subsection (2), an employer shall post and keep posted in a conspicuous place accessible to every employee on a ship
(2) At a detached work place, the information referred to in subsection (1) shall be provided and retained with the first aid kit referred to in section 13.6. First Aid Supplies and Equipment13.6 (1) The employer shall provide and maintain for a work place set out in column I of an item of Schedule I to this Part the type of first aid kit set out in column II of that item. (2) A type of first aid kit referred to in subsection (1) shall contain the supplies and equipment listed in Schedule II to this Part in the applicable quantities set out in that schedule. 13.7 (1) Subject to subsection (2), where a hazard of skin or eye injury from a hazardous substance exists in a work place, shower facilities to wash the skin and eye wash facilities to irrigate the eyes shall be provided for immediate use by employees. (2) Where it is not practicable to comply with subsection (1), portable equipment that may be used in place of the facilities referred to in subsection (1) shall be provided. Transportation13.8 Before assigning employees to a detached work place, the employer shall provide for that work place
Records13.9 (1) Where an injured or ill employee reports for first aid to a person in accordance with subsection 13.2(3) or where a person who holds a first aid certificate renders first aid to an employee, the person shall
(2) The employer shall keep a first aid record referred to in subsection (1) for two years after the date of entry of information therein. SCHEDULE I(Section 13.6(1)) Requirements for First Aid Kits
SCHEDULE II(Subsection 13.6(2)) First Aid Supplies and Equipment
PART XIV Interpretation
14.1 The definitions in this section apply in this Part.
"disabling injury" « blessure invalidante » "disabling injury" means an employment injury or an occupational disease that
"minor injury" « blessure légère » "minor injury" means an employment injury or an occupational disease for which first aid or medical treatment is provided, other than a disabling injury.
Employee Report 14.2 If an employee becomes aware of an accident or other occurrence arising in the course of or in connection with their work that has caused or is likely to cause injury to that employee or to any other person, the employee shall, without delay, report the accident or other occurrence to the employer.
Investigation
14.3 If an employer becomes aware of an accident, occupational disease or other hazardous occurrence affecting any of their employees in the course of employment, the employer shall, without delay,
Immediate Report to Safety Officer 14.4 The employer shall report to a safety officer employed with the Marine Safety Branch of the Department of Transport the date, time, location and nature of any accident, occupational disease or other hazardous occurrence referred to in section 14.3 that has one of the following results, as soon as possible but not later than 24 hours after becoming aware of that result:
Minor Injury Record
14.5 (1) Every employer shall keep a record of each minor injury of which the employer is aware that affects an employee in the course of employment. (2) The record shall contain
Written Report
14.6 (1) If the investigation referred to in section 14.3 discloses that a hazardous occurrence resulted in the death of an employee, a missing employee, a disabling injury to an employee or the loss of consciousness by an employee as a result of electric shock or a toxic or oxygen-deficient atmosphere, the employer shall prepare a report in writing including the following information:
(2) The employer shall submit a copy of the report
Annual Report 14.7 (1) Every employer shall, not later than March 1 in each year, submit to the Minister a written report that sets out the number of accidents, occupational diseases and other hazardous occurrences of which the employer is aware that have affected any employee in the course of employment during the 12-month period ending on December 31 of the preceding year. (2) The report referred to in subsection (1) shall be in the form set out in the schedule to this Part and shall contain the information required by that form. Retention of Reports and Records
14.8 Every employer shall keep a copy of each report and record referred to in this Part for a period of 10 years after they are made.
Schedule (Subsection 14.7 (2)) MARINE OCCUPATIONAL SAFETY AND HEALTH REGULATIONS EMPLOYER'S ANNUAL HAZARDOUS OCCURRENCE
Established bySOR/87-183 26 March, 1987 pursuant to sections 82 and 83, subsection 106(1) and paragraph 106(3)(a) of the Canada Labour Code. amended by SOR/88-198 24 March, 1988 pursuant to sections 82, 82.1, 82.2 and 83, subsection 106(1) and paragraph 106(3)(a) of the Canada Labour Code, effective October 31, 1988 The definition "dangerous substance" in section 1.1 is revoked; section 1.2; the heading preceding section 1.4 and section 1.4; the definition "medical practitioner" in section 8.1 is revoked; section 8.1 by adding the definitions "hazard information", "product identifier" and "supplier"; section 8.2 and by adding headings immediately after; the heading preceding section 8.14; sections 8.15 and 8.16 are revoked; paragraph 8.17(a); the heading preceding section 8.18 and sections 8.18 and 8.19; section 8.20 preceding paragraph (a); paragraph 8.20(b) preceding subparagraph (ii); section 8.21; section 8.25 by adding Divisions II to IV; the definition "medical facility" in section 13.1; the definition "medical practitioner" in section 13.1 is revoked; and the words "dangerous substance" are replaced by "hazardous substance". SOR/95-74 31 January, 1995 pursuant to sections 125, 125.1, 125.2 and 126, subsections 157(1) and (1.1) and paragraph 157(3)(a) of the Canada Labour Code The long title; section 1 of the French version; the definition "ACNOR" in section 1.1 of the French version; the definition "ACT" in section 1.1; the reference to ("ACNOR") in section 1.1; paragraph (b) of the definition "jauge au registre", section 1.1 of the French version; section 1.1 of the French version by adding the definition "CSA"; section 1.2; paragraph 1.3(b) of the French version; section 1.4; section 2.3 of the French version; section 2.4 is revoked; section 2.5 of the French version; subparagraph 2.8(3)(b)(ii) of the French version; subsection 2.8(5); subsection 2.9(1) of the French version; paragraph 2.9(2)(a) of the French version; subsection 2.11(2) of the French version; subsection 2.12(1); subsection 2.12(3) of the French version; paragraph 2.12(5)(b) of the French version; subsection 2.13(1); paragraph 2.14(4)(b) of the French version; section 2.16 of the French version; section 2.17 of the French version; paragraph 3.1(1)(a); paragraphs 3.1(2)(a) and (b); subsection 3.3(3) of the French version; subsection 3.4(1) of the French version preceding paragraph a); paragraph 3.4(1)(b) of the French version; section 4.3 of the French version; subsection 6.3(3) of the French version; subsection 6.4(1) of the French version preceding paragraph (b); section 6.5; subsection 6.6(2) of the French version; subsection 7.2(1) of the French version; section 7.10 of the French version; subsection 7.11(1) of the French version; subsection 7.11(2); paragraph 7.15(1)(c) of the French version; subsection 7.20(3); subsection 7.24(1); subsection 7.25(2); section 7.27 of the French version preceding paragraph (d); subsection 7.36(3) of the French version; subsection 8.3(1) of the French version preceding paragraph (a); paragraph 8.3(1)(b); paragraphs 8.3(2)(b) and (c); section 8.4; section 8.6; section 8.7 of the French version; paragraph 8.7(a); paragraph 8.7(b) of the French version; section 8.8 of the French version; section 8.11; subsection 8.18(1); paragraph 8.18(2)(b) preceding subparagraph (i) of the French version; subsection 8.18(3); paragraph 8.20(a) of the French version; paragraph 8.22(1)(c) of the French versionparagraph 8.22(2)(c) of the French version; paragraph 8.29(a) of the French version; section 8.30 of the French version preceding paragraph (a); subsection 8.31(3); subsection 8.32(1) of the French version preceding paragraph (a); paragraph 8.32(1)(a); subsection 8.33(1) preceding paragraph (a); subsection 8.33(2) preceding paragraph (a); paragraphs 8.33(2)(b) and (c); the heading before section 8.34; subsection 8.34(2); subsection 8.41(2) of the French version; section 8.43; Division IV of Part VIII is revoked;the definition "espace clos" in section 9.1 of the French version preceding paragraph (a); paragraph 9.2(1)(a); paragraph 9.2(1)(b) of the French version; paragraph 9.2(2)(a) of the French version; section 9.3 preceding paragraph (a); paragraph 9.3(d); paragraph 9.6(1)(b); subsection 9.6(2) preceding paragraph (a); subparagraph 9.6(2)(a)(i) of the French version; paragraph 10.1(a) of the French version; paragraph 10.7(3)(a); subsection 10.7(4); section 10.8 preceding paragraph (a); paragraph 10.8(b); paragraph 10.9(1)(c); section 10.11; subsection 10.13(3) preceding paragraph (a); paragraph 10.13(3)(b) of the French version; section 11.3; section 11.6 of the French version; subsection 11.7(3) of the French version; subsection 11.12(2) of the French version; subsection 11.13(2) of the French version; subsection 11.16(2) of the French version; subsection 12.3(1) of the French version; paragraph 12.4(2)(a) of the French version; subsection 12.6(1); paragraph 12.7(a) of the French version; paragraph 12.10(2)(c) of the French version; section 12.17 of the French version; section 12.19 of the French version; subsection 12.21(1); subsection 12.21(4); paragraph 12.25(1)(b) of the French version; subsection 12.25(3) of the French version; section 12.31 of the French version; subsection 12.38(1) of the French version; section 12.42 of the French version; subsection 12.44(1) of the French version; subsection 12.44(2) of the French version preceding paragraph (a); the definition "lieu de travail séparé" in section 13.1 of the French version; subsections 13.2(1) and (2) of the French version; paragraph 13.3(1)(a) of the French version; paragraph 13.4(2)(b) of the French version; subsection 13.7(2) of the French version; Item 1 of schedule II to Part XIII of the French version; and, the expression "ACNOR" is substituted for the expression "CSA" in the French version. SOR/2000-388 19 October, 2000 pursuant to sections 125, 126, and 157, of the Canada Labour Code, into force on 19 October, 2000. Amended by adding Part XIV after Schedule II to Part XIII. |
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