COMMERCIAL AND BUSINESS
AVIATION ADVISORY CIRCULAR
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The Aviation Occupational Safety and Health (A-OSH) Program
PURPOSE
The purpose of this Commercial and Business Aviation Advisory Circular (CBAAC) is
to draw your attention to the Transport Canada Aviation Occupational Safety and
Health (A-OSH) Program.
This CBAAC replaces Air Carrier Advisory Circular 0035R dated 1996.01.23.
BACKGROUND
The primary objective of the A-OSH Program is to ensure compliance with
Part II of the Canada Labour Code (the Code), which deals with
occupational safety and health, and its pursuant regulations, the Aviation
Occupational Safety and Health Regulations.
The purpose of Part II of the Code is "to prevent accidents and
injury to health, arising out of, linked with or occurring in the course of
employment" (Canada Labour Code, Part II, section 122.1).
Transport Canada administers, enforces and promotes the Code as it applies to
employees working on board an aircraft while in operation.
Pursuant to paragraph 128.(5)(b) of the Code,
"an aircraft is in operation from the time it first moves under its own
power for the purpose of taking off from any Canadian or foreign place of departure
until it comes to rest at the end of its flight to its first destination in
Canada."
Primary responsibility for the administration and enforcement of Part II of
the Code rests with the Minister of Labour. However, due to the specialized nature of
air, rail and marine transportation, Transport Canada was delegated the responsibility
for the administration and enforcement of the Code and its pursuant regulations on
behalf of the Minister of Labour. This was accomplished through a Memorandum of
Understanding (MOU) with the Department of Human Resources Development Canada-Labour
Program.
Within Transport Canada Headquarters, the A-OSH Division is tasked with
administering and enforcing the Code for Transport Canada Civil Aviation and is
responsible to the Director, Commercial and Business Aviation.
Each Transport Canada regional office has an A-OSH Inspector who was recommended
by the Minister of Transport and designated by the Minister of Labour as a "Safety
Officer" pursuant to Part II of the Code. These A-OSH Inspectors report to
their respective Commercial and Business Aviation managers. Their primary duty is to
monitor compliance with Part II of the Code and with the A-OSH Regulations, and,
when necessary, enforce the Code and the Regulations.
The A-OSH Inspectors respond to complaints, refusals to work and serious accidents.
They will also visit aviation companies for the purpose of conducting inspections,
investigations, audits, awareness seminars and other program promotion activities.
Sections 124 and 125 of the Code describe the general and specific duties of
the employer. In this regard, employers must familiarize themselves with these sections
of the Code and the associated A-OSH Regulations. (These documents are available on
the Internet at the Transport Canada Web site:
http://www.tc.gc.ca/acts-regulations/GENERAL/C/clc/menu.htm). For example,
employers are responsible for investigating, recording and reporting to the
authorities all accidents, occupational diseases and hazardous occurrences. They are
also responsible for posting, in an accessible location, a copy of Part II of
the Code and a copy of their safety and health policy. Furthermore, the Code requires
that employers establish a safety and health committee where there are 20 or more
employees or appoint a safety and health representative, who has been selected by
co-workers, where there are 5 to 19 employees. The safety and health committee
is required to hold meetings at least once a month.
A major goal of Part II of the Code is to promote voluntary compliance from
both employers and employees and facilitate co-operation between them to resolve
work place safety and health problems.
CONCLUSION
For further information on the above, contact the A-OSH Inspector in your region
as found in Appendix A
of this CBAAC.
Should you need to contact an A-OSH Inspector after working hours, in the
event of a refusal to work or a fatality, please refer to
Appendix B
of this CBAAC.
The information contained in Appendix B
has been published in the A.I.P. Canada. Updates to that information will be reflected
in the A.I.P. Canada.
M.R. Preuss
Director
Commercial & Business Aviation
| Commercial & Business Aviation Advisory
Circulars (CBAAC) are intended to provide information and guidance regarding
operational matters. A CBAAC may describe an acceptable, but not the only,
means of demonstrating compliance with existing regulations. CBAACs in and of
themselves do not change, create any additional, authorize changes in, or
permit deviations from regulatory requirements. |
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