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Maritime Occupational Health and Safety Regulations (SOR/2010-120)

Regulations are current to 2025-05-27 and last amended on 2025-03-26. Previous Versions

PART 21Hazardous Occurrence Recording and Reporting (continued)

Investigation

 If an employer becomes aware of an accident, occupational illness or other hazardous occurrence affecting any of their employees in the course of employment, the employer must, without delay,

  • (a) appoint a qualified person to conduct an investigation of the hazardous occurrence;

  • (b) notify the work place committee or the health and safety representative, as the case may be, of the hazardous occurrence and of the name of the person appointed to investigate it; and

  • (c) take necessary measures to prevent a recurrence of the hazardous occurrence.

Immediate Report to Head of Compliance and Enforcement

[
  • SOR/2014-148, s. 32
  • SOR/2021-118, s. 11
]

 The employer must report to the Head of Compliance and Enforcement the date, time, location and nature of any accident, occupational illness or other hazardous occurrence that has one of the following results, as soon as feasible but not later than 24 hours after becoming aware of that result:

  • (a) the death of an employee;

  • (b) a missing employee;

  • (c) a disabling injury to two or more employees;

  • (d) an employee’s loss of consciousness as a result of an electric shock, a toxic atmosphere or an oxygen deficient atmosphere;

  • (e) an employee’s loss of a body member or a part of one or the complete loss of the usefulness of a body member or a part of one;

  • (f) the permanent impairment of an employee’s body function;

  • (g) a fire or an explosion;

  • (h) damage to a boiler or pressure vessel that results in fire or the rupture of the boiler or pressure vessel; or

  • (i) damage to a persons transfer apparatus that renders it unserviceable, or a free fall of a persons transfer apparatus.

  • (j) [Repealed, SOR/2020-130, s. 52]

Minor Injury Record

  •  (1) Every employer must keep a record of each minor injury of which the employer is aware that is sustained by an employee in the course of employment.

  • (2) The record must 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;

    • (d) the causes of the minor injury; and

    • (e) a description of the first aid or medical treatment given to the employee, if applicable.

Written Report

  •  (1) If the investigation referred to in section 276 discloses that a hazardous occurrence resulted in any of the following circumstances, the employer must, without delay after receiving the results of the investigation, make a report in writing that meets the requirements of subsections (1.1) and (1.2):

    • (a) the death of an employee;

    • (b) a missing employee;

    • (c) a disabling injury to an employee; or

    • (d) an employee’s loss of consciousness as a result of electric shock or exposure to a toxic or oxygen-deficient atmosphere.

  • (1.1) The report must contain the results of the investigation and the following information:

    • (a) the circumstance referred to in subsection (1) that was disclosed by the investigation;

    • (b) the employer’s name, mailing address, telephone number and business number, as defined in subsection 248(1) of the Income Tax Act;

    • (c) the date, time and site of the hazardous occurrence;

    • (d) the weather conditions at the time of the hazardous occurrence, if weather was a contributing factor in the occurrence;

    • (e) the names of any witnesses to the hazardous occurrence;

    • (f) the name of the employee’s supervisor at the time of the hazardous occurrence;

    • (g) the name of the vessel and its official number or ID Number;

    • (h) a description of the hazardous occurrence;

    • (i) a description of the property damage resulting from the hazardous occurrence, if any, and the estimated cost of repair;

    • (j) for each injured or ill employee,

      • (i) their name, age and gender,

      • (ii) their occupation and the number of years of experience they have in that occupation,

      • (iii) a description of their injury or illness,

      • (iv) the direct cause of their injury or illness, and

      • (v) a description of the training in accident prevention that they received in relation to their duties before the hazardous occurrence;

    • (k) the direct causes of the hazardous occurrence;

    • (l) a description of each measure taken or to be taken by the employer in accordance with paragraph 276(c) and the date of its implementation or, if measures are not to be taken, the reasons why measures are not necessary;

    • (m) a description of any other measure taken or to be taken by the employer for the purpose of preventing the recurrence of the hazardous occurrence;

    • (n) the name, title, telephone number and email address of

      • (i) the person appointed to investigate the hazardous occurrence, and

      • (ii) the work place committee member or health and safety representative who participated in the investigation of the hazardous occurrence; and

    • (o) the comments, if any, of the person referred to in subparagraph (n)(ii) in relation to the hazardous occurrence, the investigation, the corrective measures or the related facts.

  • (1.2) The report must be signed and dated by the person appointed to investigate the hazardous occurrence and the work place committee member or health and safety representative who participated in the investigation of the hazardous occurrence.

  • (2) The employer must submit a copy of the report

    • (a) within 30 days after the date of the hazardous occurrence, to the Head of Compliance and Enforcement and to the Canadian Transportation Accident Investigation and Safety Board; and

    • (b) without delay, to the work place committee or health and safety representative, as the case may be.

Annual Report

  •  (1) Every employer must, not later than March 1 in each year, submit to the Minister a written report that meets the requirements of subsections (1.1) and (2) regarding the accidents, occupational illnesses and other hazardous occurrences of which the employer is aware affecting any employee in the course of employment during the 12-month period ending on December 31 of the preceding year.

  • (1.1) The report must be signed and dated by the person who prepared it on behalf of the employer.

  • (2) The report must contain the following information:

    • (a) the year for which the report is submitted;

    • (b) the employer’s name, mailing address, telephone number and business number, as defined in subsection 248(1) of the Income Tax Act;

    • (c) for each of the employer’s work places,

      • (i) its address,

      • (ii) the number of employees and the total number of hours that they worked,

      • (iii) the number of office employees,

      • (iv) the number, respectively, of minor injuries, disabling injuries and deaths, and

      • (v) the number of hazardous occurrences other than those referred to in subparagraph (iv); and

    • (d) the name, job title, telephone number and email address of the person who prepared the report on behalf of the employer.

    • (e) [Repealed, SOR/2025-79, s. 32]

    • (f) [Repealed, SOR/2025-79, s. 32]

    • (g) [Repealed, SOR/2025-79, s. 32]

    • (h) [Repealed, SOR/2025-79, s. 32]

    • (i) [Repealed, SOR/2025-79, s. 32]

    • (j) [Repealed, SOR/2025-79, s. 32]

    • (k) [Repealed, SOR/2025-79, s. 32]

    • (l) [Repealed, SOR/2025-79, s. 32]

    • (m) [Repealed, SOR/2025-79, s. 32]

Retention of Reports and Records

 Every employer must keep a copy of each report and record referred to in this Part for a period of 10 years after the day on which they are made.

PART 22Repeal and Coming into Force

Repeal

 [Repeal]

Coming into force

 These Regulations come into force on the day on which they are registered.

 

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