Regulations Respecting Safe Working Practices for the Protection of Persons Employed on Ships
2 In these Regulations,
Act means the Canada Shipping Act; (Loi)
Board means the Board of Steamship Inspection established pursuant to section 369 of the Act; (Bureau)
- hot work
hot work means welding, burning, rivetting, drilling, grinding, chipping or any other work where flame is used or sparks are produced; (travail à chaud)
- marine chemist
marine chemist means a person who
(a) has graduated from an educational institution approved by the Board and has completed
(b) has obtained a fellowship in the Chemical Institute of Canada,
and thereafter has had at least three years experience in chemical or engineering work, of which a minimum of 150 working hours has been gained under proper supervision in ship board work involving the testing and inspection of tank vessels and other vessels in the application of gas hazard control standards prescribed by the Board; (chimiste de la marine)
owner includes, in respect of any working area, structure, machinery or equipment, the person who has the general management and control thereof; (propriétaire)
- qualified person
qualified person means,
(a) in respect of work that is required by law to be performed by the holder of a licence, certificate or other authority, a person who is the holder of such licence, certificate or other authority, and
(b) in respect of work that is not required by law to be performed by the holder of a licence, certificate or other authority, a person who, in the opinion of his employer, possesses the knowledge and experience necessary to perform the work safely and competently; (personne compétente)
scaffold means a working platform supported from below; (échafaud)
scaffolding means the structure that supports a scaffold; (échafaudage)
stage means a working platform supported from above; (plate-forme volante)
- working area
working area means
(a) any area in which work is being performed on board a ship,
(b) with respect to persons employed in the maintenance or repair of a ship, any area immediately adjacent to the ship, and
(c) with respect to persons employed in the loading or unloading of a ship, any area on shore that is within the reach of any derrick, crane or other hoisting equipment employed in loading or unloading the ship and the immediate approaches to such an area, but does not include any sheds, warehouses or any part of a wharf forward or aft of the ship’s mooring lines. (lieu de travail)
- 1987, c. 7, s. 84(F)
3 These Regulations apply to and in respect of the employment of persons in any working area associated with any ship in Canada or on any Canadian ship outside Canada.
4 Every employer shall
(a) arrange that work in a working area is carried out in a manner that does not endanger the safety or health of any person employed in the work or in connection therewith;
(b) adopt and carry out reasonable procedures and techniques designed or intended to prevent or reduce the risk of employment injury in the operation or carrying out of the work; and
(c) without limiting the generality of paragraphs (a) and (b), arrange that the safe working practices set out in these Regulations will be complied with.
5 Every owner of any working area, structure, machinery or equipment used in the operation, maintenance or repair of a ship, or in the loading or unloading of a ship, shall ensure that the working area, structure, machinery or equipment is maintained in a safe condition and complies with these Regulations.
6 Every employer or owner shall ensure that a qualified person
(a) is in charge in every working area; and
(b) makes periodic inspections of every working area or structure and every item of machinery or equipment to ascertain that safe working conditions are maintained.
(a) take all reasonable and necessary precautions to ensure his own safety and the safety of his fellow employees; and
(b) at all appropriate times use such devices and wear such articles of clothing or equipment as are intended for his protection and furnished to him by his employer, or required pursuant to these Regulations to be used or worn by him.
(2) Nothing in subsection (1) relieves an employer from any duty imposed upon him by section 4.
(2) No person shall use any structure, machinery or equipment that has been re-assembled after being dismantled, in whole or in part, until it has been examined by a qualified person and found to be in a safe condition.
9 No person shall tamper with, or make ineffective, any safeguard or safety device that is intended to maintain the safe condition of any working area, structure, machinery or equipment.
10 No person shall cause an emergency exit to be obstructed or otherwise made ineffective.
(2) The correction of an unsafe condition or situation referred to in subsection (1) shall be made only by a qualified person.
(3) Notwithstanding subsections (1) and (2), in an emergency any person may take whatever measures are necessary to prevent loss of human life or injury to persons.
12 Where a person is employed in an isolated working area, the employer of that person shall make arrangements to verify at reasonable intervals that the person has not been involved in an accident in that working area.
13 Any person who becomes aware of an accident or an injury to a person in a working area shall immediately report the accident or injury to the person in charge of the working area.
14 No person shall be permitted in any working area whose ability to work is, in the opinion of the person in charge of the area, impaired by alcohol or a drug.
15 No person with a disability shall be assigned to any work of any kind when, owing to the nature or location of the work, the disability is likely to endanger that person or any other person.
Lifting Appliances and other Equipment
16 Any person operating any lifting appliance or powered mobile equipment in a working area shall
(a) be a qualified person;
(b) comply with the traffic laws applicable in the working area; and
(c) comply with every notice and sign applicable to the operation of the appliance or equipment placed in the working area by the owner of the working area or by the employer of the operator of the appliance or equipment.
17 The owner of a lifting appliance shall ensure that a notice is permanently affixed to the appliance showing its safe working load.
18 No person shall be permitted on any part of any lifting appliance or power operated equipment while it is in operation except
(a) where safe accommodation is available thereon for that person; or
(b) where essential for the maintenance or repair of the appliance or equipment and safe access is provided for that person to perform such maintenance or repair.
19 (1) Mobile equipment shall be fitted with guards to protect the operator of the equipment from falling objects or shifting loads, unless the nature of the operation of the equipment makes the fitting of such guards impracticable.
(2) No person shall leave mobile equipment unattended unless the equipment has been properly secured to prevent its movement.
20 The moving parts of the machinery of power operated equipment shall be fitted with guards where such parts constitute a hazard.
21 Every deck of a ship, every wharf and every other elevated working area on which mobile equipment is used shall be fitted with guards that will prevent the equipment from falling over the sides of the working area.
22 (1) Every enclosed working area in which equipment powered by an internal combustion engine is used shall be ventilated to ensure that the carbon monoxide concentration in the atmosphere of the working area does not exceed 50 parts per million.
(2) No person shall operate equipment powered by an internal combustion engine in an enclosed working area unless there is at least one other person in attendance at the entrance to that working area.
(2) Equipment in a hold or an enclosed space of a ship may be refuelled if
(a) only those persons engaged in the refuelling are in the hold or space;
(b) one person in attendance has a suitable fire extinguisher ready for use;
(c) only the minimum quantity of fuel needed to operate each unit is taken into the hold or space at one time;
(d) in the case of liquefied gas, refuelling of the equipment is to be achieved only by the replacement of spent cylinders; and
(e) fuel is not transferred into containers other than the fuel tank.
24 Powered mobile equipment shall be fitted with
(a) an effective audible warning device; and
(b) sufficient lights to maintain safe working conditions when operated in darkness or a dimly lighted working area.
Holds, Tanks and other Compartments
25 (1) When not in use, every hatch or other opening that leads to a hold, tank or other compartment exceeding 1.5 m in depth shall be securely covered or fenced to a height of 900 mm unless the opening is fitted with a coaming of not less than 760 mm in height.
(2) Every opening in a deck or tank top that leads to a hold, tank or other compartment not exceeding 1.5 m in depth shall be covered, fenced or marked in such manner as necessary to prevent loss of life or injury to persons.
- SOR/79-632, s. 1
26 (1) Hatch beams, covers and plugs shall be permanently marked to indicate the deck, hatch and hatch section to which they belong, unless the interchangeability of the beams, covers or plugs makes the application of such markings unnecessary.
(2) Where a hatch beam, cover or plug is marked as required by subsection (1), it shall only be fitted in the deck, hatch and hatch section as indicated by the markings thereon.
(2) Any hatch beam, cover or plug that cannot be securely stowed between decks shall be taken to the upper deck, placed clear of all working areas and securely stowed.
28 Any person who is between decks shall stand clear of an overhead opening when a hatch beam, cover or plug is being removed or replaced at the hatch.
29 A tarpaulin or similar hatch covering shall not be spread over a hatch opening unless all hatch beams, covers and plugs for the hatch are securely fitted in place.
(2) Subsection (1) does not apply
(a) where a compartment referred to in subsection (1) has not contained a substance that vaporizes to produce a hazardous or dangerous gas and the compartment has been ventilated to the satisfaction of a qualified person, or
(b) where the compartment has contained a substance that vaporizes to produce a hazardous or dangerous gas and the compartment has been gas freed and has, subsequently, been tested
(i) by a marine chemist, or
(ii) where a marine chemist is not available, by a qualified person, trained in the use of gas testing equipment, who has at least three years experience of which a minimum of 150 working hours has been gained under proper supervision in the testing and inspection of tanks,
and found safe for persons to enter and for the work to be performed therein.
(3) A certificate or statement shall be completed for every compartment that has been ventilated or tested as required by subsection (2), and such certificate or statement shall
(a) be available for the information of any person entering the compartment;
(c) be signed by the person responsible for the ventilation or testing of the compartment.
(4) Where a compartment has been ventilated or gas freed as required by subsection (2), effective ventilation shall be continued in order to maintain the safe condition for the period that persons are to be inside the compartment.
- 1987, c. 7, s. 84(F)
(2) Every person who is in attendance at an entrance to a compartment referred to in subsection (1) shall, except where an emergency occurs with respect to the person inside the compartment, remain in attendance until the person inside leaves the compartment.
32 Before a hold, tank or other compartment is sealed, the person in charge of the working area shall ascertain that no person is inside the compartment.
Fire Prevention and Protection
(2) No person shall take spark-producing materials into a hold, tank or other compartment that contains flammable gas, vapour or dust.
34 Whenever hot work is to be performed in a working area
(a) a qualified person shall be assigned to patrol the working area and adjoining areas and maintain therein a fire protection watch for the duration of the work and for a period of 30 minutes thereafter; and
(b) sufficient fire extinguishers shall be provided in the working area and adjoining areas.
35 Oxygen shall not be used
(a) for ventilation purposes;
(b) as a pressure testing medium;
(c) to blow out pipelines;
(d) to operate pneumatic equipment;
(e) to start internal combustion engines; or
(f) to clean working areas, equipment or other articles.
36 Every galley range and the exhaust hood and duct thereof shall be kept free from accumulated grease and other waste deposits.
(2) When space heaters are fitted on board a ship, they shall be safely located and securely fastened in place.
38 When a ship’s fire pumps are inoperative and the ship is in dry dock or moored alongside a wharf,
(a) sufficient fire hydrants and hoses shall be available, adjacent to the ship, for use in extinguishing a fire on board the ship; or
(b) a water supply, sufficient to fight a fire on board the ship, shall be connected to the ship’s fire main.
(2) Tools and fittings for use with fire hydrants and hoses or with sprinkler and smothering systems shall be located alongside the fire extinguishing equipment and secured by means of light chains or suitable fixtures.
(2) When a fire extinguisher is removed from a ship for service or overhaul, an equivalent means of fire protection shall be provided for the area from which the extinguisher was taken.
(3) This section does not apply in respect of a ship that is laid up when fire extinguishers have been emptied or removed and alternative arrangements have been made for fire protection.
41 No person shall overhaul or repair a smothering gas system unless the gas bottles thereof have been disconnected or otherwise rendered inoperative.
Hot Work Operations
(a) where inflammable gas, vapour or dust may be present in the atmosphere, unless the area has been freed of gas, tested by a marine chemist and found to be safe for that work to be performed therein;
(b) where an explosive or inflammable substance may be present in the working area, unless a qualified person has ensured that adequate protection exists to permit that work to be safely performed therein; and
(c) where the area is a tank that has previously contained petroleum or petroleum products, until the tank is found to be safe for the work to be performed therein by a qualified person who has had at least three years experience of which a minimum of 150 working hours has been gained under proper supervision in the testing and inspection of such tanks.
(2) Where a marine chemist finds the atmosphere in a working area to be safe as described in paragraph (1)(a) or where a qualified person has ensured that adequate protection exists in a working area as described in paragraph (1)(b), he shall complete and sign a certificate or statement to that effect.
(3) The certificate or statement referred to in subsection (2) shall
(a) be available for the information of any person entering the working area; and
- 1987, c. 7, s. 84(F)
43 When harmful fumes, gas or vapour are liable to be produced by hot work and to affect an enclosed working area,
(a) the working area shall be well ventilated; or
(b) any person in the working area shall wear a breathing apparatus.
44 Cables of electric welding equipment, and cylinders and pipes of gas welding or burning equipment, shall be placed clear of areas used for vehicles unless adequate protection for the cables, cylinders and pipes is provided.
45 Gas cylinders of welding and burning equipment shall be placed securely in an upright position when in use.
46 When equipment used for hot work is left unattended, the person in charge of the working area shall ensure that the equipment is in a safe condition.
Scaffolding, Scaffolds and Stages
47 Scaffolding, scaffolds and stages shall be constructed by qualified persons.
48 Scaffolding shall be placed on firm footings and where it is built on an uneven surface, substantial base plates shall be fitted to the scaffolding to maintain its stability.
(a) be made with planks that
(b) have no significant openings between adjoining planks;
(c) have a width of not less than 500 mm;
(d) have a flat and horizontal working surface; and
(e) be fitted with guard rails at a height of 900 mm above the scaffold except on the side thereof where the work to be performed would be hindered by the guard rails.
(2) A safe means of access, secured to prevent its accidental movement, shall be provided to and from the working level of every scaffold.
(3) A scaffold may be constructed of materials other than wood if the strength and safety features of the scaffold when so constructed are not less than those of a wooden scaffold.
- SOR/79-632, s. 2
50 Subject to section 51, every stage shall be made with planks that are, in the opinion of a qualified person having regard to the distance between the plank supports, of sufficient strength to carry the load the stage is intended to support.
(a) be made with planks that are not less than 50 mm thick by 250 mm wide;
(b) be not more than 3.6 m in length where the stage is made of planks not more than 50 mm thick;
(c) have a flat and horizontal working surface;
(d) be fitted with guard lines, where the stage is to be used at a height greater than 3 m; and
(e) be fitted with effective means for holding the stage away from the working area.
(2) Where a stage is more than one plank in width,
(a) the planks shall be of the same thickness;
(b) there shall be no significant openings between adjoining planks; and
(c) the planks shall be secured together on the underside with cleats not less than 25 mm thick and 150 mm wide that are securely nailed to the planks and spaced at intervals of not more than 1.2 m.
(3) Stage supports shall be placed not less than 150 mm and not more than 300 mm from the plank ends.
- SOR/79-632, s. 3
52 The supports and ropes or tackle carrying a stage shall have a factor of safety of not less than six.
53 Every person who is required to work on a stage at a height greater than 3 m shall wear a safety belt fitted with a safety line that is rigged to a life line so as to limit the free fall of a person from the stage to not more than 1.2 m.
- SOR/79-632, s. 4
Ladders and Gangways
54 (1) Every access ladder or gangway between a ship and the shore or between one ship and another ship shall provide a safe means of access between the ship and shore or between the ships, as the case may be.
(2) Every ship that is in dry dock or moored alongside a wharf or other ship shall be fitted with at least one access ladder or gangway that, in the opinion of a qualified person, complies with subsection (1).
(3) Where an access ladder or gangway leads to a location on board a ship at a height of more than 1 m above the deck, safe access to the deck shall be provided by means of a series of steps or some similar structure.
(4) Where a bulwark ladder is used to provide the safe access to the deck of a ship required by subsection (3), it shall be firmly secured to the bulwark so as to prevent its shifting, slipping or pivoting and shall be equipped with two handhold stanchions
(a) each not less than 40 mm in diameter;
(b) each extending not less than 1.2 m above the top of the bulwark;
(c) fitted at the point of boarding or leaving the ship not less than 0.7 m and not more than 0.8 m apart; and
(d) firmly secured to the ship’s structure at or near the base of the ladder and at a higher point.
- SOR/78-480, s. 1
- SOR/79-632, s. 5
(2) When an access ladder is being used by a person to board or disembark from a ship, at least one end of the ladder shall be fastened securely and, if necessary to ensure safety, a person, other than a person engaged in manoeuvring the ship, shall be stationed at the ladder to assist the person using it.
(2) Safety nets shall
- SOR/79-632, s. 6
57 Where a platform is provided at the bottom of an access ladder or gangway, the platform shall be flat and horizontal.
58 Every Jacob’s ladder shall be of sufficient length to reach the intended landing point and the means of attachment thereof to the ship shall be effective and maintained in a safe and good condition.
59 Every portable ladder shall be maintained in a safe and good condition and shall be secured to prevent its shifting and slipping when in use.
60 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.
61 No person other than a qualified person shall work on the installation, maintenance and repair of electrical equipment.
62 The person in charge of a working area in which work is being performed on electrical equipment that is isolated from its power supply shall, where the power supply could be accidentally reconnected to the electrical equipment, ensure that
(a) locking devices are fitted to the circuit breakers or control switches for the isolated electrical equipment;
(b) a person is in attendance at the position where the electrical equipment is isolated;
(c) effective warning notices are placed at the position where the electrical equipment is isolated; or
(d) when fuses are removed to isolate electrical equipment, the fuses are kept in the possession of a qualified person.
63 No person shall work on an electrical circuit that has not been isolated from the power supply unless he is protected by a rubber mat, rubber boots, rubber gloves or insulated tools or any combination thereof.
64 Defective electrical equipment shall be disconnected from its power supply 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.
(2) No person shall replace missing or burnt-out fuses without the permission of a qualified person.
66 Control switches for all electrically operated machinery shall clearly indicate the “ON” and “OFF” switch positions.
67 Where necessary, electrical equipment shall be grounded and all electrical connections shall be properly insulated or covered to protect persons from electrical shock.
(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.
69 Power supply cables for portable electrical equipment shall be placed clear of areas used for vehicles unless adequate protection for the cables is provided.
70 Electrical appliances and tools shall be constructed and used in accordance with the Canadian Standards Association specifications or with any other specifications acceptable to the Board.
Personal Protective Equipment
71 The personal protective equipment referred to in sections 72 to 74 shall comply with the Canadian Standards Association specifications for that equipment or, where a higher standard is required by a provincial authority having jurisdiction over the use of that equipment, the higher standard required by that authority.
72 Every person employed in an area where there is danger of injury to the feet from falling or moving objects shall wear safety shoes or boots, which shall be made available by his employer.
73 Every person employed in an area where there is danger of injury to the head from falling or moving objects shall wear a safety hat or helmet fitted with a chin strap.
74 Every person shall wear a buoyancy aid that is not dependent upon manual control to produce its buoyancy when
75 Except as provided in section 74, every person shall wear a life jacket
(a) when crossing between a ship and the shore during the berthing or docking of the ship; and
(b) when crossing between one ship and another ship, where one or both of the ships are not moored.
76 Every person who is required to work on unmanned barges shall have two strips of reflective tape, each of which is not less than 19 mm wide by 230 mm long, attached to both front and back of his exterior jacket or coat when darkness or a dimly lighted condition exists in the working area.
- SOR/79-632, s. 7
(2) A person employed in rivetting, drilling, grinding or chipping operations shall wear eye protection designed to protect his eyes from flying particles.
(3) Every person exposed to a threat of danger to his eyes from flying grit, chips or excessive heat or light shall wear suitable eye protection.
78 Every employer shall provide the appropriate protective clothing and respiratory equipment to an employee required to work with a substance or in an atmosphere that may adversely affect the employee’s health.
79 Every person who is required to work at a height greater than 3 m, on a mast or at the edge of any other structure that is not provided with guard rails, shall wear a safety belt fitted with a safety line that is rigged so as to limit the free fall of a person to not more than 1.2 m.
- SOR/79-632, s. 8
(2) Where a safety line or life line is subject to chafing, it shall be made of wire rope or wire core fibre rope.
- SOR/79-632, s. 9
(2) The qualified person referred to in paragraph (1)(a) shall ensure that
(a) locking devices are fitted to the boiler isolating valves;
(b) a person is in attendance at the position where the boiler is isolated;
(c) effective warning notices are placed at the position where the boiler is isolated; or
(d) blank flanges are fitted between the boiler and every other steaming boiler.
(3) Every person who is in attendance at a manhole opening of a boiler shall, except where an emergency occurs with respect to the person inside the boiler, remain in attendance until the person inside leaves the boiler.
(4) No person shall enter the furnace side of any boiler that contains
- SOR/79-632, s. 10
82 Before a pressure vessel is sealed, the person in charge of the working area in which the pressure vessel is located shall ascertain that no person is inside the pressure vessel.
83 When manhole covers are to be removed from a boiler, the uppermost manhole cover shall be removed first.
84 (1) Subject to subsection (2), no person, other than a person appointed by an authority acceptable to the Board, shall alter or deal with a safety or relief valve of a boiler or other pressure vessel.
(2) A qualified person may
General Requirements and Working Practices
85 Every person in charge of a working area that is in darkness or in which a dimly lighted condition exists shall ensure that portable lights are provided to any person required to enter that working area.
86 Every person on board a towed ship for the purpose of handling the mooring lines of that ship shall maintain visible or audible contact with the operator of the towing ship either directly or with the assistance of other persons.
(2) A person may ascend to the top of any rail car that is being carried on a barge and proceed along the top of that rail car for the purpose of placing or attending to navigation lights.
88 No person shall, while a ship is underway, go over the side of the ship to carry out routine maintenance thereof.
89 No person shall go between a ship’s side and a dock facing or between one ship and another ship, unless there is an adequate fender secured to the ship’s side or the dock facing, or to the side of one of the ships, as the case may be.
a weight that is likely to jeopardize the health or safety of any person.
(2) No person shall handle, except by mechanical means, any material or object, the shape, size, toxicity or other characteristic of which is likely to jeopardize his health or safety.
91 The Minister of Transport may designate as an inspector any person in the public service of Canada who, in his opinion, is qualified to be so designated.
92 (1) An inspector may at any reasonable time go on board any ship, visit any working area, or examine any structure, machinery or equipment, in or in respect of which he has reason to believe that any provision of these Regulations has been contravened.
(a) the owner of any working area, structure, machinery or equipment,
(b) any person employed in the operation, maintenance or repair of a ship, or in the loading or unloading of a ship, or
(c) an officer of an organization that represents the owner or a person described in paragraph (b),
complains that a contravention of these Regulations has taken place, an inspector shall investigate the circumstances giving rise to the complaint.
(3) Every complaint described in subsection (2), shall, where required by an inspector, be made in writing and signed by the person making the complaint.
(4) Where an investigation is made pursuant to this section, any person in possession of any records relating to a ship or any working area, structure, machinery or equipment, shall, when requested to do so by an inspector, produce such records and furnish a true copy thereof.
(5) No person shall obstruct or hinder an inspector in the exercise of his powers or the carrying out of his duties under these Regulations.
(6) Any person, when requested to do so by an inspector, shall give the inspector all reasonable assistance in his power to enable the inspector to carry out his duties under this section and shall furnish the inspector with such information as he may reasonably require.
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