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CANADA LABOUR CODE
On Board Trains Occupational Safety and Health Regulations
REGULATIONS RESPECTING OCCUPATIONAL SAFETY
AND HEALTH OF EMPLOYEES ON TRAINS WHILE IN
OPERATION MADE UNDER PART II OF THE
CANADA LABOUR CODE
Short Title
1. These Regulations may be cited as the On Board Trains Occupational
Safety and Health Regulations.
GENERAL
Interpretation
1.1 In these Regulations,
"Act"
« Loi »
"Act" means Part II of the Canada Labour Code;
"CSA"
« CSA »
"CSA" means the Canadian Standards Association;
"electrical equipment"
« outillage électrique »
"electrical equipment" means equipment for the generation,
distribution or use of electricity;
"first aid"
« premiers soins »
"first aid" means emergency or other treatment or care that
conforms to the recommended practices of the St. John Ambulance, the Canadian Red Cross
Society, the Emergency Care Instruction Services or the Workers' Compensation Board of
British Columbia;
"maintenance of way equipment"
« véhicule d'entretien »
"maintenance of way equipment" means track motor cars and
other rolling stock used for maintaining rails and tracks;
"on-board accommodation"
« logement à bord »
"on-board accommodation" means living, eating or sleeping
quarters provided on rolling stock by an employer for the accommodation of employees;
"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;
"regional safety officer"
« agent régional de sécurité »
"regional safety officer" means, within the meaning of
section 122 of the Act, the person designated as regional safety officer in the Railway
Safety Directorate, Transport Canada, Ottawa, Ontario, K1A 0N5;
"rolling stock"
« matériel roulant »
"rolling stock" means a locomotive, caboose, self-propelled
car, box car, tank car, maintenance of way equipment, snow-plow, flanger and other mobile
equipment designed to move on wheels on rails or tracks;
"toilet room"
« cabinet
de toilette »
"toilet room" means a room that contains a toilet.
Prescription
1.2 These Regulations are prescribed for the purposes of sections 125,
125.1, 125.2 and 126 of the Act.
Application
1.3 These Regulations apply in respect of employees on trains while in
operation and in respect of all persons granted access to such trains by the employer.
Records and Reports
1.4 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 work place to which it
applies.
Inconsistent Provisions
1.5 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 other publication as it read on April 2, 1987.
ELEVATING DEVICES
Interpretation
2.1 In this Part,
"elevating device"
« appareil de levage »
"elevating device" means an escalator,
elevator or other device for moving passengers or freight and that is installed on rolling
stock.
Use and Operation
2.2 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.
2.3 (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 Testing
2.4 Every elevating device and every safety device attached thereto
shall be inspected and tested by a qualified person to determine that it is in a safe
operating condition and is capable of carrying any load that is likely to be imposed on it
(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.
2.5 (1) A record of each inspection and test made in accordance with
section 2.4 shall
(a) be signed by the qualified 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 qualified 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 kept by the
employer for a period of two years after the date on which it is signed in accordance with
paragraph (1)(a).
Repair and Maintenance
2.6 Repair and maintenance of elevating devices and safety devices
attached thereto shall be performed by a qualified person appointed by the employer.
LEVELS OF LIGHTING
General
3.1 (1) The levels of lighting prescribed in this Part shall, where
reasonably practicable, be provided by a lighting system installed by the employer.
(2) Where it is not reasonably practicable to comply with subsection
(1), the employer shall provide portable lanterns that give the prescribed levels of
lighting.
Measurement of Levels of Lighting
3.2 For the purposes of this Part, the level of lighting in an area
shall be measured
(a) where work is performed at a level higher than the floor, at the
level at which the work is performed;
(b) where the source of lighting is at floor level, at the floor level;
and
(c) in any other case, 1 m above the floor.
Minimum Levels of Lighting
3.3 The level of lighting in an area referred to in column I of an item
of Schedule I to this Part shall be not less than the level set out in column II of that
item.
3.4 The level of lighting in an area referred to in column I of an item
of Schedule II to this Part shall be not less than the level set out in column II of that
item.
Emergency Lighting
3.5 (1) Where there is a failure in the lighting system in an area
through which an employee passes in carrying out procedures referred to in paragraph
13.7(2)(a), emergency lighting shall be available in the area for immediate use.
(2) The emergency lighting referred to in subsection (1) shall
(a) where reasonably practicable, operate automatically in the event of
a failure of the lighting system; and
(b) provide a level of lighting of 3 dalx.
SCHEDULE I
(Section 3.3)
Levels Of Lighting In Cabooses, Locomotives
and Maintenance of Way Equipment
Item |
Column I
Area |
Column II
Level in dalx |
1. |
Work surfaces while being used to read or write operating orders, timetables or other operating documents
|
22 |
2. |
Work surfaces of equipment while being repaired or maintained
|
22 |
3. |
Corridors, passageways, toilet rooms and on-board accommodations while
being used by employees
|
3 |
4. |
Areas where meters and gauges are located, other than those that are
self-illuminated
|
3 |
SCHEDULE II
(Section 3.4)
Levels of Lighting Off Rolling Stock
Item |
Column I
Area |
Column II
Level in dalx |
1. |
Areas where employees are engaged in
the
flagging, switching and marshalling
of rolling stock |
5 |
LEVELS OF SOUND
Interpretation
4.1 In this Part, "sound level meter" means an instrument for
measuring levels of sound and impulse sound that meets the standards set out in American
National Standards Institute 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.
(sonomètre)
Levels of Sound
4.2 (1) Subject to subsections (2) and (3) and section 4.3, the level
of sound in a work place shall be less than 87 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 87 dB, no
employee shall be exposed in any 24 hour period
(a) to a level of sound referred to in column I of an item of the
schedule to this Part for a number of hours exceeding the number set out in column II of
that item; or
(b) to a number of different levels of sound referred to in column I of
an item of the schedule to this Part, where the sum of the following quotients exceeds 1:
(i) the number of hours of exposure to each level of sound divided by
(ii) the maximum number of hours of exposure per 24 hour period set out
in column II of that item.
(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
(a) make a report in writing to the regional safety officer setting out
the reasons why the exposure cannot be so maintained; and
(b) provide every employee entering the work place with a hearing
protector that
(i) meets the standards set out in CSA Standard Z94.2-M1984, Hearing
Protectors, the English version of which is dated June, 1984 and the French version of
which is dated February, 1985, and
(ii) reduces the level of sound reaching the employee's ears to less
than 87 dB.
4.3 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
(a) meets the standards set out in CSA Standard Z94.2-M1984, Hearing
Protectors, the English version of which is dated June, 1984 and the French version of
which is dated February, 1985; and
(b) reduces the peak level of impulse sound reaching the employee's
ears to 140 dB or less.
Sound Level Measurement
4.4 The levels of sound referred to in section 4.2 shall be measured by
using the slow exponential-time-averaging characteristic and the A-weighting
characteristic of a sound level meter.
4.5 The level of impulse sound referred to in section 4.3 shall be
measured by using the impulse exponential-time-averaging characteristic of a sound level
meter.
Warning Signs
4.6 Where in rolling stock that is a work place the level of sound is
87 dB or more or where the peak level of impulse sound exceeds 140 dB, the employer shall
post signs in the rolling stock warning persons entering it
(a) that there is a hazardous level of sound or impulse sound in the
rolling stock;
(b) if applicable, of the maximum number of hours of exposure
determined under subsection 4.2(2); and
(c) if applicable, of the requirement to wear a hearing protector.
SCHEDULE
(Subsection 4.2(2))
Maximum Exposure to Levels of Sound at Work Place
ITEM |
COLUMN I
Levels of Sounds in dB |
COLUMN II
Maximum Number of Hours of Exposure per Employee per 24 hour
period |
1. |
87 or more but less than 90 |
8 |
2. |
90 or more but less than 92 |
6 |
3. |
92 or more but less than 95 |
4 |
4. |
95 or more but less than 97 |
3 |
5. |
97 or more but less than 100 |
2 |
6. |
100 or more but less than 102 |
1.5 |
7. |
102 or more but less than 105 |
1 |
8. |
105 or more but less than 110 |
0.5 |
9. |
110 or more but less than 115 |
0.25 |
10. |
115 or more |
0 |
ELECTRICAL SAFETY
Interpretation
5.1 In this Part,
"control device"
« dispositif de commande »
"control device" means a device that will safely disconnect
electrical equipment from its source of energy;
"guarded"
« protégé »
"guarded" means, in respect of electrical equipment,
equipment that is
(a) covered, shielded, enclosed or otherwise protected in a manner that
prevents injury to an employee who touches or goes near the equipment, or
(b) in a place inaccessible to employees.
Safety Procedures
5.2 (1) Where work, other than the work referred to in subsection (2),
is performed on electrical equipment, the employer shall adopt and implement Part VIII of
the Canada Occupational Safety and Health Regulations.
(2) Where an employee is required to throw switches, change light bulbs
or fuses or perform other work that requires no electrical training, the following
procedures apply:
(a) where electrical equipment is live or may become live, no employee
shall work on the equipment unless the employer has instructed the employee in procedures
that are safe for work on live conductors;
(b) subject to paragraph (c), where an employee is working on or near
electrical equipment that is live or may become live, the electrical equipment shall be
guarded; and
(c) where it is not practicable for electrical equipment referred to in
paragraph (b) 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.
Switches and Control Devices
5.3 (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.
SANITATION
Interpretation
6.1 In this Part,
"ARI"
« ARI »
"ARI" means the Air-Conditioning and Refrigeration Institute
of the United States;
"food preparation area"
« aire de préparation des aliments »
"food preparation area" includes an area used for the storage
of food.
General
6.2 (1) Every employer shall maintain each on-board accommodation and
food preparation area used by employees in a clean and sanitary condition.
(2) On-board accommodation and food preparation areas shall be so used
by employees that the accommodation or areas remain as clean and in as sanitary a
condition as is possible.
6.3 All janitorial work 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.
6.4 All on-board accommodation and toilet rooms shall be constructed
and maintained in a manner that prevents adverse health and safety conditions.
6.5 (1) In rolling stock on which there is on-board accommodation, the
food preparation area shall be separated from the sleeping quarters.
(2) In every on-board accommodation,
(a) garbage disposal facilities shall be provided to prevent the
accumulation of garbage; and
(b) potable water, vermin control, heating, ventilation and sanitary
sewage systems shall be provided.
6.6 (1) Each garbage container that is used for solid or liquid waste
in a work place shall
(a) be equipped with a tight-fitting cover;
(b) be so constructed that it can easily be cleaned and maintained in a
sanitary condition; and
(c) be leak-proof.
(2) Each garbage container referred to in subsection (1) shall be
emptied at least once every day that it is used.
6.7 Where vermin have entered any enclosed part of a work place,
on-board accommodation, toilet room or food preparation area, the employer shall
immediately take all steps necessary to eliminate the vermin and prevent the re-entry of
the vermin.
6.8 No person shall use on-board accommodation, a toilet room or a food
preparation area for the purpose of storing equipment unless
(a) a storage closet fitted with a door is provided in the on-board
accommodation, toilet room or food preparation area; or
(b) the equipment is secured in a manner that protects employees from
injury.
6.9 In each on-board accommodation, toilet room and food preparation
area, the temperature, measured 1 m above the floor in the centre of the room or area,
shall, where reasonably practicable, be maintained at a level of not less than 18ºC and
not more than 29ºC.
6.10 (1) In each on-board accommodation, toilet room and food
preparation area, the floors, partitions and walls shall be so constructed that they can
be easily washed and maintained in a sanitary condition.
(2) The floor and lower 150 mm of any walls and partitions that are in
contact with the floor in any food preparation area or toilet room shall be water-tight
and impervious to moisture.
Toilet Rooms
6.11 (1) Where reasonably practicable, every employer shall provide a
toilet room on rolling stock, other than rolling stock designed for transporting freight
and maintenance of way equipment.
(2) Where it is not reasonably practicable to provide a toilet room
pursuant to subsection (1), the employer shall provide a toilet room that is readily
accessible to employees and is
(a) off the rolling stock; or
(b) coupled to the rolling stock.
6.12 Every toilet room shall be fitted on the inside with a locking
device that can be opened from the outside in an emergency.
6.13 (1) Subject to subsection (2), where a toilet room is provided
pursuant to section 6.11 and employees of both sexes are employed at the same work place,
an employer shall provide a separate toilet room for employees of each sex.
(2) An employer may provide only one toilet room for employees of both
sexes if the toilet room is completely enclosed with solid material that is
non-transparent from the outside.
(3) Where separate toilet rooms are provided for employees of each sex,
each toilet room shall be equipped with a door that is clearly marked to indicate the sex
of the employees for whom the room is provided.
6.14 (1) Subject to subsection (2), the toilet provided in a toilet
room shall
(a) in the case of a locomotive, be of the self-contained chemical
flush type; and
(b) in the case of a caboose, be of such a type and construction that
waste is not deposited on the track bed or on any part of the caboose.
(2) Outside flush or dryhopper type toilets that are suitable for
year-round use may be used in a locomotive or caboose if they were installed in that
locomotive or caboose prior to May 1, 1969.
6.15 (1) Subject to subsection (2), every toilet room shall be provided
with
(a) toilet paper on a holder or in a dispenser; and
(b) hand cleaning and drying supplies.
(2) An employer may provide toilet paper and hand cleaning and drying
supplies to each individual employee.
(3) In or adjacent to every toilet room, a non-combustible container
shall be provided for the disposal of hand cleaning and drying supplies.
(4) A covered container or a bag that is impervious to moisture shall
be provided for the disposal of sanitary napkins in each toilet room for the use of female
employees.
6.16 Every employer shall, where reasonably practicable, provide at
each washbasin in a toilet room hot and cold running water.
6.17 Where hot water is provided for personal washing, it shall not
(a) exceed a temperature of 43ºC at the discharge spout; and
(b) be heated by mixing water with steam.
6.18 In every toilet room that contains a washbasin, the employer shall
provide soap or another cleaning agent in a dispenser at the washbasin.
Potable Water
6.19 (1) Subject to subsection (2), every employer shall provide
employees with potable water for drinking, personal washing and food preparation that
meets the standards set out in the publication entitled 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) An employer is not required to provide potable water for personal
washing if waterless hand cleaning supplies are provided.
6.20 Where it is necessary to transport water for drinking, personal
washing or food preparation, only sanitary portable water containers shall be used.
6.21 Where a portable storage container for drinking water is used,
(a) the container shall be securely covered and closed;
(b) the container shall be used only for the purpose of storing potable
water;
(c) the container shall not be stored in a toilet room; and
(d) where the container is not a single-use storage container, water
shall be drawn from it by
(i) a tap,
(ii) a ladle used only for the purpose of drawing water from the
container, or
(iii) any other means that precludes the contamination of the water.
6.22 Except where drinking water is supplied by a drinking fountain or
a single-use portable storage container, sanitary single-use drinking cups shall be
provided.
6.23 Any ice that is added to drinking water or used for the contact
refrigeration of foodstuffs shall be
(a) made from potable water; and
(b) stored and handled in a manner that prevents contamination.
6.24 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 Food
6.25 (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.
6.26 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, dated September, 1984, other than
items 2 and 11 thereof.
6.27 (1) Foods that require refrigeration to prevent them from becoming
hazardous to health shall be maintained at a temperature of 4ºC or lower.
(2) Where foods stored by the employer for consumption by employees
require freezing to prevent them from becoming hazardous to health, the foods shall be
maintained at a temperature of -11ºC or lower.
6.28 All equipment and utensils that come into contact with food shall
be
(a) designed to be easily cleaned;
(b) smooth, free from cracks, crevices, pitting or unnecessary
indentations; and
(c) cleaned to maintain their surfaces in a sanitary condition.
6.29 No person shall eat, prepare or store food
(a) in a place where a hazardous substance may contaminate food, dishes
or utensils;
(b) in a toilet room; or
(c) in any other place where food is likely to be contaminated.
Food Waste and Garbage
6.30 (1) No food waste or garbage shall be stored in a food preparation
area.
(2) Food waste and garbage shall be held in leak-proof, non-absorptive,
easily-cleaned containers with tight-fitting covers in a separate enclosed area or
container until removed for disposal.
Ventilation
6.31 (1) Subject to subsection (2), where reasonably practicable, the
exhaust system for on-board accommodation, a toilet room or a food preparation area
(a) shall be of a mechanical type; and
(b) shall not be connected with any other exhaust or air supply system.
(2) The exhaust system for on-board accommodation, a toilet room or a
food preparation area may be connected to the exhaust duct of another room at the exhaust
fan inlet if it is connected in such a manner that an exchange of air between those rooms
or areas cannot occur.
Clothing Storage
6.32 Clothing storage facilities shall be provided by the employer for
the storage of overcoats and other clothes not worn by employees while they are working.
Sleeping Quarters
6.33 In any on-board accommodation provided as sleeping quarters, each
employee shall be provided with
(a) a separate bed or bunk that is not part of a unit that is more than
double-tiered and is so constructed that it can be easily cleaned and disinfected;
(b) a mattress, pillow, blanket and bed cover that are kept in a clean
and sanitary condition; and
(c) at least once a week, clean laundered sheets and a pillow case.
HAZARDOUS SUBSTANCES
Interpretation
7.1 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 »
"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;
"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;
"readily available"
« facilement accessible »
"readily available" means present in an appropriate place in
a physical copy form that can be handled;
"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.
Application
7.2 Sections 7.3 to 7.5, 7.24, 7.25, 7.28 to 7.32 and 7.34 to 7.38 do
not apply to the transportation or handling of dangerous goods to which the Transportation
of Dangerous Goods Act and regulations made thereunder apply.
DIVISION I
GENERAL
Hazard Investigation
7.3 (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,
(a) appoint a qualified person to carry out an investigation; and
(b) notify the safety and health committee or the safety and health
representative, if either exists, of the proposed investigation and of the name of the
qualified person appointed to carry out that investigation.
(2) In the investigation referred to in subsection (1), the following
criteria shall be taken into consideration:
(a) the chemical, biological and physical properties of the hazardous
substance;
(b) the routes of exposure to the hazardous substance;
(c) the effects on safety and health of exposure to the hazardous
substance;
(d) the state, concentration and quantity of the hazardous substance
handled;
(e) the manner in which the hazardous substance is handled;
(f) the control methods used to eliminate or reduce exposure to the
hazardous substance;
(g) the value, level or percentage of the hazardous substance to which
an employee is likely to be exposed; and
(h) whether the value, level or percentage referred to in paragraph (g)
is likely to
(i) exceed that prescribed in section 7.20 or 7.21 or Part IV, or
(ii) be less than that prescribed in Part III.
7.4 On completion of the investigation referred to in subsection 7.3(1)
and after consultation with the safety and health committee or the safety and health
representative, if either exists, the qualified person shall set out in a written report
signed by the person
(a) the person's observations respecting the criteria considered in
accordance with subsection 7.3(2); and
(b) the person's recommendations respecting the manner of compliance
with sections 7.6 to 7.23.
7.5 The report referred to in section 7.4 shall be kept by the employer
for a period of two years after the date on which the qualified person signed the report.
Substitution of Substances
7.6 (1) No person shall use a hazardous substance for any purpose in a
work place where it is reasonably practicable to substitute for it 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
7.7 Every ventilation system used to control the concentration of an
airborne hazardous substance shall be so designed, constructed and installed that
(a) where the airborne hazardous substance is a chemical agent, the
concentration of the airborne hazardous substance does not exceed the values and
percentages referred to in sections 7.20 and 7.21; and
(b) where the airborne hazardous substance is not a chemical agent, the
concentration of the airborne hazardous substance is not hazardous to the safety or health
of employees.
Storage, Handling and Use
7.8 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.
7.9 Subject to subsection 7.11, 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.
7.10 The quantity of a hazardous substance used or processed in a work
place shall, to the extent that is practicable, be limited to the quantity required for
use or processing in the work place in one work day.
7.11 Where 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 in a work place, 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.
Assembly of Pipes
7.15 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
(a) labelled to identify the hazardous substance transferred therein;
(b) fitted with valves and other control and safety devices to ensure
its safe operation; and
(c) adequate for its intended purpose having regard to the
corrosiveness, pressure, temperature and other properties of the hazardous substance
transferred therein.
Employee Education
7.16 (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
(a) the instruction of each employee who handles or is exposed to or is
likely to handle or be exposed to a hazardous substance with respect to
(i) the product identifier of the hazardous substance,
(ii) all hazard information disclosed by the supplier of the hazardous
substance or by the employer on a material safety data sheet or label,
(iii) all hazard information of which the employer is aware or ought
reasonably to be aware,
(iv) the observations referred to in paragraph 7.4(a),
(v) the information disclosed on the material safety data sheet
referred to in section 7.25 and the purpose and significance of that information, and
(vi) in respect of controlled products in the work place, the
information required to be disclosed on a material safety data sheet and on a label by
Division III and the purposes and significance of that information;
(b) the instruction and training of each employee who operates,
maintains or repairs an assembly of pipes referred to in section 7.15 with respect to
(i) every valve and other control and safety device connected to the
assembly of pipes, and
(ii) the procedures to follow for the proper and safe use of the
assembly of pipes; and
(c) the instruction and training of each employee referred to in
paragraphs (a) and (b) with respect to
(i) the procedures to follow to implement the provisions of sections
7.8, 7.9 and 7.11, and
(ii) the procedures to follow for the safe storage, handling, use and
disposal of hazardous substances, including procedures to be followed in an emergency
involving a hazardous substance.
(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
(a) at least once a year;
(b) whenever there is a change in conditions in respect of the
hazardous substances in the work place; and
(c) whenever new hazard information in respect of a hazardous substance
in the work place becomes available to the employer.
7.18 (1) A written record of the employee education program referred to
in subsection 7.16(1) shall be kept by the employer:
(a) readily available for examination by the employee; and
(b) for two years after the employee ceases
(i) to handle or be exposed to the hazardous substance or to be likely
to handle or be exposed to the hazardous substance,
(ii) to operate, maintain or repair the assembly of pipes.
(2) The record referred to in subsection (1) shall include the name of
the employee who was instructed and trained and the date of the instruction and training.
Medical Examinations
7.19 (1) Where the report referred to in section 7.4 contains a
recommendation for a medical examination, the employer may consult a physician regarding
that recommendation.
(2) Where the employer
(a) consults a physician pursuant to subsection (1) and the physician
confirms the recommendation for a medical examination, or
(b) does not consult a physician pursuant to subsection (1),
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 7.4.
(4) The cost of a medical examination referred to in subsection (2)
shall be borne by the employer.
Control of Hazards
7.20 (1) No employee shall be exposed to a concentration of
(a) an airborne chemical agent in excess of the value for that chemical
agent adopted by the American Conference of Governmental Industrial Hygienists in its
publication entitled Threshold Limit Values and Biological Exposure Indices for 1986-1987;
or
(b) an airborne hazardous substance, other than a chemical agent, that
is hazardous to the safety or health of the employee.
(2) Where there is a possibility that an employee may be exposed to a
concentration of an airborne chemical agent in excess of the value referred to in
paragraph (1)(a), the air shall be sampled by a qualified person and the concentration of
the chemical agent determined by a test in accordance with
(a) the standards set out by the American Conference of Governmental
Industrial Hygienists in its publication entitled Manual of Analytical Methods Recommended
for Sampling and Analysis of Atmospheric Contaminants, dated 1958;
(b) the standards set out by the United States National Institute for
Occupational Safety and Health in the NIOSH Manual of Analytical Methods, third edition,
volumes 1 and 2, dated February, 1984; or
(c) a method set out in the United States Federal Register, volume 40,
number 33, dated February 18, 1975, as amended by volume 41, number 53, dated March 17,
1976.
(3) A record of each test made pursuant to subsection (2) shall be kept
by the employer for three years after the date of the test.
(4) A record referred to in subsection (3) shall include
(a) the date, time and location of the test;
(b) the chemical agent for which the test was made;
(c) the sampling and testing method used;
(d) the result obtained; and
(e) the name and occupation of the qualified person who made the test.
7.21 (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.
Explosive Signalling Devices
7.22 No person, other than a qualified person, shall handle or use an
explosive signalling device.
Radiation Emitting Devices
7.23 (1) Where a radar device or a telecommunications transmitter
capable of producing and emitting energy in excess of 5 W is used in a work place, the
employer shall make a report in writing to the Radiation Protection Bureau of the
Department of National Health and Welfare, setting out a description of the device or the
transmitter.
(2) Where a radiofrequency device or a microwave device in the
frequency range 10 MHz-300 GHz is used in a work place, the employer shall adopt and
implement Safety Code-6, recommended safety procedures for the installation and use of
radiofrequency and microwave devices in the frequency range 10 MHz-300 GHz, dated
February, 1979, of the Radiation Protection Bureau of the Department of National Health
and Welfare.
DIVISION II
HAZARDOUS SUBSTANCES OTHER THAN
CONTROLLED PRODUCTS
Identification
7.24 Every container of a hazardous substance, other than a controlled
product, that is stored, handled or used in the work place shall be labelled in a manner
that discloses clearly
(a) the name of the substance; and
(b) the hazardous properties of the substance.
7.25 Where a material safety data sheet pertaining to a hazardous
substance, other than a controlled product, that is stored, handled or used in a work
place may be obtained from the supplier of the hazardous substance, the employer shall
(a) obtain a copy of the material safety data sheet; and
(b) keep a copy of the material safety data sheet readily available in
the work place for examination by employees.
DIVISION III
CONTROLLED PRODUCTS
Interpretation
7.26 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
(a) a tank with a water capacity of more than 454 L,
(b) a freight container or a portable tank, or
(c) a road vehicle or a railway vehicle;
"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;
"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 7.30(1).
Application
7.27 (1) This Division does not apply in respect of any
(a) wood or product made of wood;
(b) tobacco or product made of tobacco; or
(c) manufactured article.
(2) This Division, other than section 7.38, does not apply in respect
of hazardous waste.
Material Safety Data Sheets And Labels
In Respect Of Certain Controlled Products
7.28 (1) Subject to subsection (2) and section 7.37, every employer
shall adopt and implement the provisions of sections 7.24 and 7.25 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
(a) is present in the work place;
(b) was received from a supplier; and
(c) is one of the following:
(i) an explosive within the meaning of the Explosives Act,
(ii) a cosmetic, device, drug or food within the meaning of the Food
and Drugs Act,
(iii) a control product within the meaning of the Pest Control Products
Act,
(iv) a prescribed substance within the meaning of the Atomic Energy
Control Act, and
(v) a product, material or substance included in Part II of Schedule I
to the Hazardous Products Act that is packaged as a consumer product.
(2) All radioactive materials used in a work place shall be packaged,
when not in use, in accordance with the requirements of the Transport Packaging of
Radioactive Materials Regulations.
Supplier Material Safety Data Sheets
7.29 (1) Where a controlled product, other than a controlled product
referred to in paragraph 7.28(1)(c), is received by an employer, the employer shall, at
the time the controlled product is received in the work place, 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
(a) is for a controlled product that has the same product identifier;
(b) discloses information that is current at the time that the
controlled product is received; and
(c) was prepared and dated not more than three years before the date
that the controlled product is received.
(2) Where there is a controlled product in a work place 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 possible 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
he has received on the basis of the ingredients disclosed in that supplier material safety
data sheet.
Work Place Material Safety Data Sheet
7.30 (1) Subject to section 7.37, where an employer receives a supplier
material safety data sheet, the employer may prepare a work place material safety data
sheet to be used in the work place in place of the supplier material safety data sheet if
(a) the work place material safety data sheet discloses at least the
information disclosed on the supplier material safety data sheet;
(b) the information disclosed on the work place material safety data
sheet does not disclaim or contradict the information disclosed on the supplier material
safety data sheet;
(c) the supplier material safety data sheet is available for
examination by employees in the work place; and
(d) the work place material safety data sheet discloses that the
supplier material safety data sheet is available in the work place.
(2) The employer shall update the work place material safety data sheet
referred to in subsection (1)
(a) as soon as is practicable in the circumstances but not later than
90 days after new hazard information becomes available to the employer; and
(b) at least once every three years.
(3) 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 Sheet
7.31 Every employer shall keep readily available for examination in any
work place in which an employee may handle or be exposed to a controlled product a copy in
English and in French of
(a) in the case of an employer who is an employer referred to in
subsection 7.30(1), the work place material safety data sheet; and
(b) in any other case, the supplier material safety data sheet.
Labels
7.32 (1) Subject to sections 7.33 and 7.34, each controlled product,
other than a controlled product referred to in paragraph 7.28(1)(c), in a work place that
is intended for use in the work place and each container in which such a controlled
product is contained in a work place shall, if the controlled product or the container was
received from a supplier, have applied to it a supplier label.
(2) Subject to sections 7.33, 7.34 and 7.37, where a controlled
product, other than a controlled product referred to in paragraph 7.28(1)(c), is received
from a supplier and an employer places the controlled product in the work place 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 following information:
(a) the product identifier;
(b) hazard information in respect of the controlled product; and
(c) a statement indicating that a material safety data sheet for the
controlled product is available in the work place.
(3) Subject to sections 7.36 and 7.37, no person shall remove, deface,
modify or alter the supplier label applied to
(a) a controlled product that is in the work place; or
(b) a container of a controlled product that is in the work place.
Portable Containers
7.33 Where an employer stores a controlled product in the work place 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 7.32 if
(a) the controlled product is required for immediate use; or
(b) the following conditions apply in respect of the controlled
product:
(i) it is under the control of and used exclusively by the employee who
filled the portable container,
(ii) it is used only during the work shift in which the portable
container was filled, and
(iii) it is clearly identified by a work place label applied to the
portable container that discloses the product identifier.
Special Cases
7.34 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
(a) in a bulk shipment that is not placed in a container at the work
place; or
(b) not in a container and stored in bulk.
Signs
7.35 The information disclosed on a sign referred to in section 7.34 or
paragraph 7.38(b) shall be of such a size that it is clearly legible to the employees in
the work place.
Replacing Labels
7.36 Where, in a work place, 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:
(a) the product identifier;
(b) hazard information in respect of the controlled product; and
(c) a statement indicating that a material safety data sheet for the
controlled product is available in the work place.
Exemptions from Disclosure
7.37 (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,
(a) where there is no final disposition of the proceedings in relation
to the claim, the date that the claim for exemption was filed and the registry number
assigned to the claim under the Hazardous Materials Information Review Act; and
(b) where the final disposition of the proceedings in relation to the
claim is that the claim is valid, a statement that an exemption has been granted and the
date on which the exemption was granted.
(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
7.38 Where a controlled product in the work place is hazardous waste,
the employer shall clearly identify it as hazardous waste by
(a) applying a label to the hazardous waste or its container; or
(b) posting a sign in a conspicuous place near the hazardous waste or
its container.
Information Required in a Medical Emergency
7.39 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.
SAFETY MATERIALS, EQUIPMENT, DEVICES
AND CLOTHING
Interpretation
8.1 In this Part,
"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)
"protection equipment" means safety materials, equipment,
devices and clothing. (équipement de protection)
General
8.2 Where
(a) it is not reasonably practicable to eliminate a safety or health
hazard in a work place or to control it within safe limits, and
(b) the use of protection equipment may prevent or reduce injury from
that hazard,
every person granted access to the work place who is exposed to that
hazard shall use the protection equipment prescribed by this Part.
8.3 All protection equipment
(a) shall be designed to protect the person from the hazard for which
it is provided; and
(b) shall not in itself create a hazard.
8.4 All protection equipment provided by the employer shall
(a) be maintained, inspected and tested by a qualified person; and
(b) where necessary to prevent a health hazard, be maintained in a
clean and sanitary condition by a qualified person.
Protective Headwear
8.5 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 Footwear
8.6 (1) Where there is a hazard of a foot injury or electric shock
through footwear in a work place, protective footwear that meets the standard 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 Protection
8.7 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 the employee with
an eye or face protector that meets the standards set out in the CSA Standard CAN/CSA
Z94.3-M88, Industrial Eye and Face Protectors, the English version of which is dated July
1988 and the French version of which is dated April 1990.
Respiratory Protection
8.8 (1) Where there is a hazard of an airborne hazardous substance or
an oxygen deficient atmosphere in a work place, the employer shall provide a respiratory
protective device that is listed in the NIOSH Certified Equipment List as of October 1,
1984, dated February, 1985, published by the United States National Institute for
Occupational Safety and Health.
(2) A respiratory protective device 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 referred to in subsection (1),
(a) the air shall meet the standards set out in clauses 5.5.2 to 5.5.11
of CSA Standard CAN3-Z180.1-M85, Compressed Breathing Air and Systems, the English version
of which is dated December 1985 and the French version of which is dated November 1987;
and
(b) the system that supplies air shall be constructed, tested, operated
and maintained in accordance with the CSA Standard referred to in paragraph (a).
8.9 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 Protection
8.10 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 every person granted access
to the work place with
(a) a shield or screen;
(b) a cream to protect the skin; or
(c) an appropriate body covering.
Loose Clothing
8.11 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.
Records
8.12 (1) A record of all protection equipment provided by the employer
shall be kept by him for a period of two years after the equipment ceases to be used.
(2) The record referred to in subsection (1) shall contain
(a) a description of the equipment and the date of its acquisition by
the employer;
(b) the date and result of each inspection and test of the equipment;
(c) the date and nature of any maintenance work performed on the
equipment since its acquisition by the employer; and
(d) the name of the person who performed the inspection, test or
maintenance of the equipment.
Instructions and Training
8.13 (1) Every person granted access to the 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 subsection (2) shall be
(a) set out in writing; and
(b) kept by the employer readily available for examination by every
person granted access to the work place.
Defective Protection Equipment
8.14 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.
8.15 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.
HAND TOOLS AND MATERIALS HANDLING
Interpretation
9.1 In this Part, "hand tool" means a tool designed to be
held in the hand and operated by manual power. (outil à main)
Hand Tools
9.2 Where an employee finds any defect in a hand tool that may render
it unsafe for use, he shall report the defect to his employer as soon as possible.
9.3 An employer shall mark or tag as unsafe and remove from service any
hand tool used by his employees that has a defect that may render it unsafe for use.
Manual Handling of Materials
9.4 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.
9.5 Where an employee is required to manually lift or carry loads in
excess of 10 kg, the employee shall be instructed and trained by the employer
(a) in a safe method of lifting and carrying the loads; and
(b) in a work procedure appropriate to the conditions of the work place
and the employee's physical condition.
9.6 Where an employee is required to manually lift or carry loads in
excess of 45.kg, the instructions given to the employee in accordance with section 9.5
shall be
(a) set out in writing;
(b) readily available to the employee to whom they apply; and
(c) kept by the employer for two years after the instructions cease to
apply.
9.7 Where a hand cart is provided for use in a work place, it shall be
(a) capable of carrying the intended load without tipping; and
(b) where the hand cart is used for serving food or beverages, fitted
with a braking mechanism to prevent uncontrolled movement of the hand cart.
ROLLING STOCK
DIVISION I
DESIGN AND CONSTRUCTION
General
10.1 Rolling stock shall, to the extent that is reasonably practicable,
be so designed and constructed that a failure of any part of the rolling stock will not
result in loss of control of the rolling stock or create a hazardous condition.
Fuel Tanks
10.2 Where a fuel tank, compressed gas cylinder or similar container
contains a hazardous substance and is mounted on rolling stock, it shall be
(a) so located or protected that under all conditions it is not
hazardous to the safety or health of an employee who is required to operate or ride on the
rolling stock; and
(b) connected to fuel overflow and vent pipes that are so located that
fuel spills and vapors cannot
(i) be ignited by hot exhaust pipes or other hot or sparkling parts, or
(ii) be hazardous to the safety or health of an employee who is
required to operate or ride on the rolling stock.
Protection from Elements
10.3 (1) All rolling stock shall be fitted with a roof or other
structure that protects the operator from exposure to any weather condition that is likely
to be hazardous to his safety or health.
(2) Where heat produced by self-propelled rolling stock is capable of
raising the temperature in the operator's compartment or position to 29ºC or higher, the
compartment or position shall be protected from the heat by an insulated barrier.
Vibration
10.4 All self-propelled rolling stock shall be so designed and
constructed that the operator will not be injured or his control of the rolling stock
impaired by any vibration, jolting or uneven movement of the rolling stock.
Controls
10.5 The arrangement and design of dial displays and the controls and
general layout and design of the operator's compartment or position on all self-propelled
rolling stock shall not hinder or prevent the operator from operating the rolling stock.
Control Systems
10.6 All self-propelled rolling stock shall be fitted with braking and
other control systems that
(a) are capable of safely controlling and stopping the movement of the
rolling stock or any accessory equipment that is on or part of the rolling stock; and
(b) respond reliably and quickly to moderate effort on the part of the
operator.
Electric Rolling Stock
10.7 Self-propelled rolling stock 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 Rolling Stock
10.8 Where rolling stock 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.
10.9 Where self-propelled rolling stock is used for transporting
passengers or a locomotive is operated in an area occupied by employees, the rolling stock
or locomotive shall be fitted with a horn or other audible warning device that emits
distinctive sound that can be heard clearly above the noise of that rolling stock or
locomotive and any ambient noise.
DIVISION II
MAINTENANCE, OPERATION AND USE
Inspection, Testing and Maintenance
10.10 (1) Before a class of rolling stock 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 class of rolling stock.
(2) The instructions referred to in subsection (1) shall specify the
nature and frequency of inspections, tests and maintenance.
10.11 (1) Every inspection, test and maintenance of rolling stock shall
be performed by a qualified person.
(2) The qualified person referred to in subsection (1) shall
(a) comply with the instructions referred to in subsection 1010 (1);
and
(b) make and sign a report of each inspection, test or maintenance work
performed by him.
(3) The report referred to in paragraph (2)(b) shall
(a) include the date of the inspection, test or maintenance work
performed by the qualified person;
(b) identify the rolling stock that was inspected, tested or
maintained; and
(c) set out the safety observations of the qualified person inspecting,
testing or maintaining the rolling stock.
(4) The employer shall keep a copy of the instructions referred to in
subsection 10.10(1) for as long as the rolling stock is in use.
(5) The employer shall keep a copy of the report referred to in
paragraph (2)(b) for one year after the report is signed.
Operator Instruction and Training
10.12 (1) Every operator of self-propelled rolling stock shall be
instructed and trained by the employer in the procedures to be followed for
(a) the safe and proper use of the rolling stock; and
(b) the fuelling of the rolling stock, where applicable.
(2) Every employer shall keep a record of any instruction and training
referred to in subsection (1) for as long as the operator remains in his employ.
Operation
10.13 No employer shall require an employee to operate self-propelled
rolling stock unless the employee is capable of operating the rolling stock safely.
Repairs
10.14 Any repair, modification or replacement of a part of any rolling
stock shall not decrease the safety of the rolling stock or part.
Transporting and Positioning of Employees
10.15 Rolling stock shall not be used for transporting or positioning
an employee unless the rolling stock is designed for that purpose.
Employee Seating
10.16 Where seating is provided for employees on rolling stock, it
shall be securely installed and, where reasonably practicable, upholstered with a material
that breathes.
Housekeeping
10.17 The floor and the cab and other occupied parts of rolling stock
shall, in so far as is reasonably practicable, be kept free of any grease, oil, ice,
materials, tools or equipment that may cause an employee to slip or trip.
Fuelling
10.18 Where rolling stock is fuelled in a work place, the fuelling
shall be done in accordance with the instructions given by the employer pursuant to
paragraph 10.12(1)(b) in a place where the vapours from the fuel are readily dissipated.
Tools
10.19 Where tools, tool boxes or spare parts are carried on rolling
stock, they shall be securely stored.
DIVISION III
STORAGE OF MATERIALS
10.20 (1) All materials, goods and things shall be stored and placed in
rolling stock in such a manner that the maximum safe load-carrying capacity of the floor
of the rolling stock or other supporting structures is not exceeded.
(2) No materials, goods or things shall be stored or placed in rolling
stock in a manner that may
(a) reduce the distribution of light;
(b) obstruct or encroach on corridors or exits;
(c) impede the safe operation of the rolling stock;
(d) obstruct the ready access to or the use and operation of fire
protection equipment;
(e) interfere with the operation of fixed fire protection equipment; or
(f) be hazardous to the safety or health of any employee.
DIVISION IV
GENERAL REQUIREMENTS FOR MACHINE GUARDS
10.21 (1) Every machine on rolling stock 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
(a) prevents the employee or any part of his body from coming into
contact with the parts or material;
(b) prevents access by the employee to the area of exposure to the
hazard during the operation of the machine; or
(c) makes the machine inoperative if the employee or any part of his
clothing is in or near a part of the machine that is likely to cause injury.
(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).
10.22 (1) Subject to subsection (2), where a machine guard is installed
on a machine on rolling stock, 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 repair of the machine or the removal of an injured
person from the machine.
HAZARDOUS OCCURRENCE INVESTIGATION,
RECORDING AND REPORTING
Interpretation
11.1 In this Part,
"minor injury"
« blessure légère »
"minor injury" means an employment injury or an occupational
disease for which medical treatment is provided and excludes a disabling injury.
''disabling injury"
« blessure invalidante »
"disabling injury" means an employment injury or an occupational
disease that
(a) prevents an employee from reporting for work or from effectively performing all the
duties connected with the employee's regular work on any day subsequent to the day on
which the injury or disease occurred, whether or not that subsequent day is a working day
for that employee,
(b) results in the loss by an employee of a body member or part of one
or in the complete loss of the usefulness of a body member or part of one, or
(c) results in the permanent impairment of a body function of an
employee;
Report by Employee
11.2 Where an employee becomes aware of an accident or other occurrence
arising in the course of or in connection with his work that causes injury to him or to
any other person, he shall without delay report the accident or other occurrence to his
employer, orally or in writing.
11.3 Where an employer is aware of an accident, occupational disease or
other hazardous occurrence affecting any of the employees in the course of employment, the
employer shall without delay
(a) take necessary measures to prevent a recurrence of the hazardous
occurrence;
(b) appoint a qualified person to carry out an investigation of the
hazardous occurrence; and
(c) notify the safety and health committee or the safety and health
representative, if either exists, of the occurrence and of the name of the qualified
person appointed to investigate it.
Emergency Report
11.4 The employer shall report the date, time, location and nature of
any accident, occupational disease or other hazardous occurrence referred to in section
11.3 by telephone or telex to the regional safety officer as soon as possible but not
later than 24 hours after becoming aware of the occurrence, where the hazardous occurrence
results in
(a) the death of an employee;
(b) a disabling injury to two or more employees;
(c) an explosion; or
(d) damage to a boiler or pressure vessel that results in fire or the
rupture of the boiler or pressure vessel.
Records
11.5 The employer shall, within 72 hours after a hazardous occurrence
referred to in paragraph 11.4(d), record in writing
(a) a description of the hazardous occurrence and the date, time and
location of the occurrence;
(b) the causes of the hazardous occurrence; and
(c) the corrective action that was taken, if any.
Minor Injury Record
11.6 (1) Every employer shall keep a record of each minor injury of
which he is aware that affects his employees in the course of employment.
(2) A record made pursuant to subsection (1) shall contain
(a) the date, time and location of the occurrence that resulted in the
minor injury;
(b) the name of the employee affected;
(c) a brief description of the minor injury; and
(d) the causes of the minor injury.
Written Report
11.7 (1) The employer shall, without delay, send a report in writing to
the safety and health committee or the safety and health representative, if either exists,
where an investigation referred to in paragraph 11.3(b) discloses that the hazardous
occurrence resulted in
(a) the death of an employee,
(b) a disabling injury to an employee;,
(c) the loss of consciousness of an employee,
(d) the implementation of rescue, revival or other similar emergency
procedures; or
(e) a fire or an explosion,
(2) A copy of the report made in accordance with subsection (1) shall,
within 14 days after the hazardous occurrence, be submitted by the employer to the
regional safety officer.
(3) The report referred to in subsection (1) shall be in the form set
out in Schedule I to this Part and contain the information required by the form.
(4) Where there is a hazardous occurrence that results in injury to an
employee, other than a hazardous occurrence referred to in subsection (1), a written
report made in the form set out in Schedule II to this Part and containing the information
required by that form shall, within 14 days after the hazardous occurrence, be submitted
by the employer to the regional safety officer.
Annual Report
11.8 (1) Every employer shall, not later than March 1 in each year,
submit at the regional safety officer a written report setting out the number of
accidents, occupational diseases and other hazardous occurrences of which the employer is
aware affecting any of the employer's employees in the course of employment during the
12-month period ending December 31 in the preceding year.
(2) The report referred to in subsection (1) shall be in the form set
out in Schedule III to this Part and contain the information required by the form.
Retention of Reports and Records
11.9 (1) Subject to subsection (2), every employer shall keep a copy of
(a) the reports referred to in sections 11.7 and 11.8 for two years
after the date on which they were submitted to the regional safety officer; and
(b) the record referred to in section 11.6 for two years after the
hazardous occurrence to which it refers.
(2) Every record referred to in section 11.5 shall be kept by the
employer for 10 years after the occurrence.
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Guide to the completion of the Employer's
Annual Hazardous Occurrence Report
General Notes
1. This Report must be submitted not later than March 1 of each year
for the 12 month period ending December 31 of the preceding year even if no hazardous
occurrence has occurred.
2. A copy of this Report must be kept by the employer for two years
following its submission.
Completing the Report
1. Please type or print all your information.
2. If your employer's name or Canadian head office address set out on
this form is incorrect please correct.
3. If your report covers any subsidiaries, list them and their location
on a separate piece of paper attached to the report.
4. Explanation of the column headings.
Address of Work Place
Enter the address of each of your work places.
If you have more than five work places in any one province and you
employ less than 15 employees at each work place, you may group these work places together
under a single address in this column. Each address must then be followed by the total
number of work places in the grouping.
Example: If you have 10 work places in a province with less than 15
persons in each work place
Employer Name
123 Name of Street
City, Province (10)
Postal Code
Number of Disabling Injuries
Enter the total number of disabling injuries that have occurred in each
work place (or group of work places) during the year. If there were none, enter 0.
"disabling injury" means an employment injury or an
occupational disease that
(a) prevents an employee from reporting for work or from effectively
performing all the duties connected with the employee's regular work on any day subsequent
to the day on which the injury or disease occurred, whether or not that subsequent day is
a working day for that employee,
(b) results in a loss by an employee of a body member or part thereof
or in a complete loss of its usefulness of a body member or part thereof, or
(c) results in the permanent impairment of a body function of an
employee.
Number of Deaths
Enter the total number of deaths resulting from hazardous occurrences
that have occurred in each work place (or group of work places) during the year. If there
were none, enter 0.
Number of Minor Injuries
Enter the total number of minor injuries that have occurred in each
work place (or group of work places) during the year. If there were none, enter 0.
"minor injury" means an employment injury or occupational
disease for which first aid or medical treatment is provided and excludes a disabling
injury.
Number of Other Hazardous Occurrences
Enter the total number of other hazardous occurrences that have
occurred in each work place (or group of work places) during the year. If there were none,
enter 0.
Total Number of Employees
Enter the total numbers of employees, including office and casual
employees, you have at each work place (or group of work places). In the case of casual or
part-time employees estimate the equivalent number of full time employees,. for example,
100 employees employed full time equals 100 and 10 employees employed half time equals 5.
Total for period 105.
Number of Office Employees
Enter the total number of employees who are classified as office
employees (clerks, stenographers, accountants, etc.) in each work place (or group of work
places).
Total Number of Hours Worked
Enter the approximate total number of hours worked, including any
overtime, by all employees at each work place (or group of work places).
FIRST AID
Interpretation
12.1 In this Part,
"isolated work place"
« lieu de travail isolé »
"isolated work place" means a work place that is more than
two hours' travel time from a hospital or medical facility under normal travel conditions
using the fastest available means of transportation;
"medical facility"
« installation médicale »
"medical facility" means a medical clinic or the office of a
physician.
General
12.2 (1) Every employer shall establish written instructions that
provide for the prompt rendering of first aid to an employee for an injury, an
occupational disease or an illness.
(2) A copy of the instructions referred to in subsection (1) shall be
kept by the employer readily available for examination by employees.
12.3 For every work place at which two or more employees are working,
at least one of the employees shall be
(a) instructed and trained in providing artificial respiration,
controlling a hemorrhage and rendering such other life-saving first aid as may be required
by the nature of the work done at the work place; and
(b) readily available and accessible to provide first aid to employees
during working hours.
First Aid Supplies and Equipment
12.4 (1) For every work place, the employer shall provide and maintain
the first aid supplies and equipment set out in the schedule to this Part.
(2) First aid supplies and equipment shall be
(a) located at or near the work place;
(b) available and accessible during all working hours;
(c) inspected regularly and maintained in a clean, dry and serviceable
condition; and
(d) clearly identified by a conspicuous sign.
Emergency Transportation
12.5 (1) Where, as a result of an injury or occupational disease
occurring in the course of his employment, an employee requires emergency transportation
to a hospital, medical facility or the employee's residence, the employer shall provide
the employee with a suitable means of transportation thereto and first aid during the
transportation.
(2) Where an employee is employed at an isolated work place, effective
communication shall be maintained by the employer between the isolated work place and a
location at which emergency transportation is available.
Records
12.6 (1) Where first aid is rendered in accordance with this Part, the
employee who rendered the first aid shall
(a) enter in a first aid record the following information:
(i) the date and time of the reporting of the injury, occupational
disease or illness,
(ii) the full name of the injured or ill employee,
(iii) the date, time and location of the occurrence of the injury,
occupational disease or illness,
(iv) a brief description of the injury, occupational disease or
illness,
(v) a brief description of the first aid rendered, and
(vi) a brief description of arrangements made for the treatment or
transportation of the injured or ill employee; and
(b) sign the first aid record beneath the information entered in
accordance with paragraph (a).
(2) The employer shall keep a first aid record containing information
entered in accordance with subsection (1) for two years after the date of that entry.
SCHEDULE
(Subsection 12.4(1))
First Aid Supplies and Equipment
Item |
Column I
Supplies and Equipment |
Column II
Quantity |
1. |
Antiseptic -- wound solution, 60 ml or antiseptics swabs
(10 pack) |
1 |
2. |
Applicator -- disposable (10 pack) (not needed if
antiseptic swabs used) |
1 |
3. |
Bag -- disposable, emesis |
1 |
4. |
Bandage -- adhesive strips (12 pack) |
1 |
5. |
Bandage -- gauze 2.5 cm x 4.5 m (not needed if ties
attached to dressing) |
2 |
6. |
Bandage -- triangular -- 100 cm folded and 2 pins |
2 |
7. |
Blanket -- emergency pocket size or conventional type |
1 |
8. |
Record -- First Aid (section 12.6) |
1 |
9. |
Container -- first aid supplies |
1 |
10. |
Dressing -- compress, sterile 7.5 cm x 7.5 cm approx. |
4 |
11. |
Dressing -- compress, sterile 7.5 cm x 12 cm approx. |
2 |
12. |
Manual -- First Aid, English -- current edition |
1 |
13. |
Manual -- First Aid, French -- current edition |
1 |
14. |
Pad with shield or tape for eye |
1 |
15. |
Pencil |
1 |
16. |
Pins -- safety, 1 card |
1 |
17. |
Scissors |
1 |
18. |
Stretcher |
1 |
19. |
Tape -- adhesive, surgical 2.5 cm x 4.6 m (not needed if
ties attached to dressing) |
1 |
20. |
Tweezers |
1 |
SAFE OCCUPANCY OF THE WORK PLACE
Interpretation
13.1 In this Part, "ULC List" means the Underwriters'
Laboratories of Canada publication List of Equipment and Materials, volume 1, dated July,
1985 and the supplement thereto dated July, 1986. (liste ULC)
Fire Extinguishers
13.2 (1) Every employer shall equip his rolling stock, other than
rolling stock that is used for transporting freight, with at least one portable fire
extinguisher.
(2) A portable fire extinguisher referred to in subsection (1) shall be
(a) in the case of a locomotive, a multi-purpose dry chemical portable
fire extinguisher that has a capacity of not less than 5 kg or a portable fire
extinguisher that has an equivalent classification as listed in the ULC List;
(b) in the case of a caboose, a multi-purpose dry chemical portable
fire extinguisher that has a capacity of not less than 1 kg or a portable fire
extinguisher that has an equivalent classification as listed in the ULC List;
(c) in the case of rolling stock used to transport employees, a
portable fire extinguisher with a classification of not less than 1-B, C or 1-A rating as
listed in the ULC List; and
(d) in the case of maintenance of way equipment used to transport or
handle combustible or flammable substances, a portable fire extinguisher that has a
classification of not less than 5-B rating as listed in the ULC List.
13.3 A portable fire extinguisher referred to in section 13.2 shall
(a) be installed, inspected, used, maintained and tested in accordance
with the standards set out in the National Fire Protection Association Standard, Standard
for Portable Fire Extinguishers, NFPA 10-1984, dated 1984;
(b) be of a type that has been examined, tested and classified by the
Underwriters' Laboratories of Canada;
(c) bear the label of the Underwriters' Laboratories of Canada;
(d) be placed in a convenient and accessible location, readily
available for use.
13.4 Instructions for the operation of a portable fire extinguishers
referred to in section 13.2 shall be posted in a conspicuous place in close proximity to
the fire extinguisher.
13.5 Fire extinguishers shall be maintained and repaired by a qualified
person.
13.6 A record of each inspection carried out in accordance with
paragraph 13.3(a) shall be
(a) dated and signed by the person who made the inspection; and
(b) kept by the employer for two years after the inspection is made.
Emergency Procedures
13.7 (1) Every employer shall, after consultation with the safety and
health committee or the safety and health representative, if either exists, prepare
emergency procedures to be implemented
(a) if any person commits or threatens to commit an act that is likely
to be hazardous to the safety and health of the employer or any of his employees;
(b) where there is a possibility of an accumulation, spill or leak of a
hazardous substance in a work place controlled by the employer, in the event of such an
accumulation, spill or leak;
(c) in the event of an accident involving a train; and
(d) in the event of the failure of the lighting system of a train.
(2) The emergency procedures referred to in subsection (1) shall
contain
(a) a full description of the procedures to be followed, including the
duties of his employees; and
(b) the location of the emergency equipment provided by the employer.
Moving and Coupling
13.8 Where there is an accumulation, spill or leak of a hazardous
substance from rolling stock, no person other than a qualified person shall move the
rolling stock or couple any other rolling stock to it.
Instructions and Training
13.9 Every employee shall be instructed and trained in
(a) the procedures to be followed by him in the event of an emergency;
and
(b) the location, use and operation of fire extinguishers and emergency
equipment provided by the employer.
Established by
SOR/87-184 26 March, 1987 pursuant to sections 82 and 83 and subsection
106(2) of the Canada Labour Code, effective April 2, 1987.
amended by
SOR/88-200 24 March, 1988 pursuant to sections 82, 82.1, 82.2 and 83
and subsection 106(2) of the Canada Labour Code, effective October 31, 1988
The definitions "dangerous substance" and "medical
practitioner" in section 1.1 are revoked; section 1.2; the heading preceding section
1.4 and section 1.4; section 7.1; section 7.2 and by adding headings immediately after;
the heading preceding section 7.12 and sections 7.12 to 7.14 are revoked; paragraph
7.15(a); the heading preceding section 7.16 and sections 7.16 and 7.17; section 7.18(1)
preceding subparagraph (b)(ii); section 7.19; section 7.23 by adding Divisions II to IV;
the definition "medical facility" in section 12.1 and the words "dangerous
substance" are replaced by "hazardous substance".
SOR/95-105 21 February, 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
"Commission" in section 1.1; the definition "ACNOR" in section 1.1 of
the French version is revoked; the definition "ACT" in section 1.1; the
reference to "(ACNOR)" at the end of the definition CSA in section 1.1; section
1.1 by adding the definition "regional safety officer"; section 1.1 of the
French version by adding the definition "CSA" sections 1.2 to 1.4; section 2.1;
subsection 3.1(1) of the French version; paragraph 4.2(3)(a); subparagraph 4.2(3)(b)(i) of
the French version; subsection 5.2(1) of the French version; paragraph 5.2(2)(c) of the
French version; subsection 6.2(2); section 6.4 of the French version; paragraph 6.5(2)(b);
section 6.9 of the French version; subsection 6.10(2) of the French version; subsection
6.11(1) of the French version; subsection 6.15(3) of the French version; subsection
6.15(4); section 6.16 of the French version; subsection 6.19(1); subsection 6.31(1) of the
French version preceding paragraph (a); section 7.1 of the French version by adding the
definition "facilement accessible"; subsection 7.3(1) of the French version
preceding paragraph (a); paragraph 7.3(1)(b); paragraphs 7.3(2)(b) and (c); section 7.4;
section 7.6; section 7.7 of the French version preceding paragraph (a); paragraph 7.7(a);
paragraph 7.7(b)of the French version; subsection 7.16(1); paragraph 7.16(2)(b) of the
French version preceding subparagraph (i); subsection 7.16(3); paragraph 7.18(1)(a) of the
French version; paragraph 7.20(1)(b) of the French version; paragraph 7.20(2)(c) of the
French version; section 7.31 of the French version preceding paragraph (a); paragraph
7.32(2)(c); section 7.36 of the French version preceding paragraph (a); subsection 7.37(2)
of the French version; section 7.39; Division IV of Part VII is revoked; section 8.2 of
the French version preceding paragraph (b); section 8.7; subsection 8.8(2) of the French
version; paragraph 8.8(3)(a); section 8.9; section 8.10 preceding paragraph (a);
subsection 8.13(3) of the French version preceding paragraph (a); section 9.4 of the
French version; section 10.1 of the French version; paragraph 10.2(a) of the French
version; section 10.9; paragraph 10.11(2)(a) of the French version; subsection 10.11(4);
section 10.16 of the French version; section 10.17; subsection 10.21(2) of the French
version; the definition "blessure entraînant une invalidité" in section 11.1
of the French version is revoked; the definition "minor injury" in section 11.1;
the definition "disabling injury" in section 11.1; section 11.1 of the French
version by adding the definition "blessure invalidante"; section 11.3; section
11.4 preceding paragraph (c); subsections 11.7(1) and (2); subsection 11.7(4); subsection
11.8(1); paragraph 11.9(1)(a); paragraph 11.9(1)(b) of the French version; Schedules I to
III to Part XI; Part XI of the French version the expression "situation
hasardeuse" is replaced by "situation comportant des risques"; subsection
12.2(2) of the French version; paragraph 12.3(b) of the French version; subsection 12.5(1)
of the French version; subsection 12.5(2); the heading of Part XIII of the French version;
subsection 13.2(2) of the French version preceding paragraph (a); subsection 13.7(1)
preceding paragraph (a); and the expression "ACNOR" in the French version is
replaced by the expression "CSA".
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