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Canada–Newfoundland and Labrador Offshore Area Occupational Health and Safety Regulations (SOR/2021-247)

Regulations are current to 2022-08-08 and last amended on 2022-01-01. Previous Versions

Canada–Newfoundland and Labrador Offshore Area Occupational Health and Safety Regulations

SOR/2021-247

CANADA–NEWFOUNDLAND AND LABRADOR ATLANTIC ACCORD IMPLEMENTATION ACT

Registration 2021-12-13

Canada–Newfoundland and Labrador Offshore Area Occupational Health and Safety Regulations

P.C. 2021-1005 2021-12-09

Whereas, pursuant to subsection 205.125(1)Footnote a of the Canada–Newfoundland and Labrador Atlantic Accord Implementation ActFootnote b, a copy of the proposed Canada–Newfoundland and Labrador Offshore Area Occupational Health and Safety Regulations, substantially in the annexed form, was published in the Canada Gazette, Part I, on July 24, 2021 and a reasonable opportunity was given to interested persons to make representations to the Minister of Natural Resources with respect to the proposed Regulations;

Whereas, pursuant to subsection 7(2)Footnote c of that Act, the Minister of Natural Resources consulted the minister of the government of Newfoundland and Labrador who is responsible for occupational health and safety with respect to the proposed Regulations and that minister approved the making of the Regulations;

And whereas, pursuant to subsection 7(1)Footnote d of that Act, the Minister of Natural Resources consulted the Provincial Minister for Newfoundland and Labrador with respect to Part 33 of the proposed Regulations and that minister approved the making of that Part;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, the Minister of Labour and the Minister of Transport, pursuant to paragraphs 149(1)(f)Footnote e and 205.001(3)(a)Footnote a and section 205.124Footnote a of the Canada–Newfoundland and Labrador Atlantic Accord Implementation ActFootnote b, makes the annexed Canada–Newfoundland and Labrador Offshore Area Occupational Health and Safety Regulations.

PART 1General

Marginal note:Definitions

  •  (1) The following definitions apply in these Regulations.

    accommodations area

    accommodations area means the area of a marine installation or structure that contains the sleeping quarters, dining areas, food preparation areas, general recreation areas, office areas and medical rooms, and includes all washrooms in that area. (aire d’habitation)

    Act

    Act means the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act. (Loi)

    advanced first aid certificate

    advanced first aid certificate means a certificate evidencing the holder’s successful completion of a training program whose curriculum conforms to the curriculum for advanced first aid set out in CSA Group standard Z1210, First aid training for the workplace – Curriculum and quality management for training agencies, or, in the case of marine crew on a vessel, whose curriculum conforms to Chapter 4 of Department of Transport publication TP 13008, Training Standards for Marine First Aid and Marine Medical Care. (certificat en secourisme avancé)

    ANSI

    ANSI means the American National Standards Institute. (ANSI)

    ASME

    ASME means the American Society of Mechanical Engineers. (ASME)

    biological exposure index

    biological exposure index means the biological exposure index established for a substance or agent by the American Conference of Governmental Industrial Hygienists in its publication TLVs and BEIs: Based on the Documentation of the Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices. (indice biologique d’exposition)

    competent person

    competent person means a person who, in respect of a task,

    • (a) has the knowledge, training and experience necessary to do the task in a manner that protects the health and safety of all persons at the workplace; and

    • (b) has knowledge of the provisions of the Act, these Regulations and the occupational health and safety program that apply to the task and of the potential or actual danger that the task poses to the health or safety of persons. (personne compétente)

    confined space

    confined space means an enclosed or partially enclosed space that

    • (a) is not designed or intended for human occupancy except on a temporary basis for the purpose of performing a specific task;

    • (b) is or may become hazardous to a person in it, including by reason of its design, construction, location or atmosphere or the materials or substances it contains, without regard to any protection that may be afforded to the person through the use of personal protective equipment or additional ventilation; and

    • (c) has restricted means of access and egress, or an internal configuration, that could make first aid, evacuation, rescue or other emergency response services difficult to provide. (espace clos)

    de-energized

    de-energized, in respect of any equipment, machine, device or system, or any component of one of those things, means that it is disconnected from all energy sources and void of any residual or stored energy. (hors tension)

    dive project

    dive project means any work or activity for which an authorization to dive has been issued. (projet de plongée)

    electrical equipment

    electrical equipment means equipment that uses electricity or that is used for the generation or distribution of electricity. (équipement électrique)

    energized

    energized, in respect of an electrical conductor, a circuit part or electrical equipment, means that it is a source of voltage or is electrically connected to a source of voltage. (Version anglaise seulement)

    energy

    energy includes electrical, mechanical, hydraulic, pneumatic, chemical, radiant, thermal and gravitational energy. (énergie)

    energy-isolating device

    energy-isolating device means a device that physically prevents the transmission or release of energy or a substance that is a source of energy, including

    • (a) a manually operated electrical circuit breaker;

    • (b) a disconnect switch;

    • (c) a manually operated switch by means of which the conductors of a circuit can be disconnected from all ungrounded supply conductors;

    • (d) a valve; or

    • (e) a blind, blank or blocking seal. (dispositif d’isolation des sources d’énergie)

    environmental conditions

    environmental conditions means meteorological, oceanographical and other natural conditions, including ice conditions, that may affect operations at a workplace. (conditions environnementales)

    first aider

    first aider means a person who holds a valid standard first aid certificate or advanced first aid certificate or who meets the requirements referred to in subsection 33(1) but is not a medic. (secouriste)

    hazard information

    hazard information, in respect of a hazardous substance, means information respecting the health and physical hazards posed by the substance and respecting its proper and safe storage, handling, use and disposal. (renseignements sur les risques)

    hazardous product

    hazardous product has the same meaning as in section 2 of the Hazardous Products Act. (produit dangereux)

    high-pressure washing

    high-pressure washing means the use of water or another liquid delivered from a pump at a pressure exceeding 10 MPa, with or without the addition of solid particles, to remove unwanted matter from a surface. (lavage sous haute pression)

    hot work

    hot work means any work or activity, other than the use of explosives, that involves the use of or is likely to produce fire, sparks or another source of ignition. (travail à chaud)

    IMO Resolution MSC.81(70)

    IMO Resolution MSC.81(70) means the annex to International Maritime Organization Resolution MSC.81(70), Revised Recommendation on Testing of Life-Saving Appliances. (résolution MSC.81(70) de l’OMI)

    lockout

    lockout means the securing, in accordance with the procedures referred to in paragraph 142(b), of a lockout device on an energy-isolating device that is being used to isolate the energy source of a piece of equipment, machine, device or system. (cadenassage)

    lockout device

    lockout device means a device that prevents the manipulation or removal of an energy-isolating device. (dispositif de cadenassage)

    LSA Code

    LSA Code means the annex to International Maritime Organization Resolution MSC.48(66), International Life-Saving Appliance (LSA) Code. (recueil LSA)

    materials handling equipment

    materials handling equipment means equipment, other than an elevator or personnel lift, that is used to transport, lift, move or position things or persons and includes gear and devices used in conjunction with other equipment in carrying out those functions. (équipement de manutention)

    medic

    medic means a person designated under subsection 33(1). (technicien médical)

    mobile equipment

    mobile equipment means wheeled or tracked materials handling equipment that is engine- or motor-powered, together with any attached or towed equipment. (équipement mobile)

    occupational health and safety program

    occupational health and safety program means the occupational health and safety program referred to in section 205.02 of the Act. (programme de santé et de sécurité au travail)

    piping system

    piping system means an assembly of pipes, pipe fittings, valves or other control or safety devices, pumps, compressors and other fixed equipment. (réseau de canalisations)

    professional engineer

    professional engineer means a competent person who is registered or licensed to engage in the practice of engineering under the laws of the province in which they practise. (ingénieur)

    rated capacity

    rated capacity means the maximum load that equipment can handle or support safely, including, if applicable, in a given operational position or configuration, without regard to environmental conditions. (capacité nominale)

    safety data sheet

    safety data sheet has the same meaning as in section 2 of the Hazardous Products Act. (fiche de données de sécurité)

    specialized dive physician

    specialized dive physician means a physician who is licensed to practise medicine in Canada and

    • (a) meets the competencies of a Level 3 Physician set out in CSA Group standard Z275.4, Competency standard for diving, hyperbaric chamber, and remotely operated vehicle operations; or

    • (b) possesses a diploma in hyperbaric medicine with a focus on diving medicine from the Royal College of Physicians and Surgeons of Canada and has completed training in saturation diving medicine that is recognized by that College. (médecin de plongée spécialisé)

    standard first aid certificate

    standard first aid certificate means a certificate evidencing the holder’s successful completion of a training program whose curriculum conforms to the curriculum for intermediate first aid set out in CSA Group standard Z1210, First aid training for the workplace – Curriculum and quality management for training agencies or, in the case of marine crew on a vessel, whose curriculum conforms to Chapter 3 of Department of Transport publication TP 13008, Training Standards for Marine First Aid and Marine Medical Care. (certificat en secourisme général)

    threshold limit value

    threshold limit value means the threshold limit value established for a substance or agent by the American Conference of Governmental Industrial Hygienists in its publication TLVs and BEIs: Based on the Documentation of the Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices. (valeur limite d’exposition)

    work area

    work area means the specific area in which an employee carries out their tasks. (espace de travail)

    work permit

    work permit means a permit referred to in section 53. (permis de travail)

  • Marginal note:Definitions under Part III.1 of Act

    (2) The following definitions apply for the purposes of Part III.1 of the Act.

    diving operation

    diving operation means any work or activity related to a dive — including any work or activity involving a diver or carried out by a person assisting a diver — that takes place from the start of pressurization or descent to the end of depressurization or ascent. (opération de plongée)

    incident

    incident means an event that resulted in any of the following occurrences or in which any of the following occurrences was narrowly avoided:

    • (a) death;

    • (b) serious injury within the meaning of subsection 205.017(5) of the Act;

    • (c) missing person;

    • (d) fire or explosion;

    • (e) collision;

    • (f) exposure to a hazardous substance in excess of the threshold limit value or biological exposure index for that substance;

    • (g) impairment of any structure, facility, equipment or system critical to the safety of persons; or

    • (h) implementation of emergency response procedures. (événement)

Marginal note:Incorporation by reference

  •  (1) In these Regulations, any incorporation by reference of a document is an incorporation by reference of that document as amended from time to time.

  • Marginal note:Bilingual documents

    (2) Despite subsection (1), if a document that is incorporated by reference is available in both official languages, any amendment to it is incorporated only when the amended version is available in both official languages.

Marginal note:Inconsistency or conflict

  •  (1) In the event of any inconsistency or conflict among provisions of these Regulations, including those that incorporate documents by reference, the provision that imposes the most stringent requirement applies.

  • Marginal note:Other regulations

    (2) In the event of any inconsistency between an obligation imposed by these Regulations and an obligation in respect of occupational health and safety that is imposed by the Newfoundland Offshore Petroleum Installations Regulations or the Newfoundland Offshore Petroleum Drilling and Production Regulations, these Regulations prevail, regardless of whether the obligations are imposed on the same person.

PART 2Occupational Health and Safety Management and Oversight

Marginal note:Occupational health and safety policy

 The occupational health and safety policy referred to in section 205.011 of the Act must contain

  • (a) the commitment of the operator to cooperate with any committee or coordinator, as the case may be, with regard to health and safety; and

  • (b) an overview of the duties of all persons under Part III.1 of the Act.

Marginal note:Occupational health and safety management system

  •  (1) The occupational health and safety management system referred to in section 205.015 of the Act must set out procedures for

    • (a) setting goals for the improvement of workplace health and safety, identifying specific targets against which the attainment of those goals is to be measured and reviewing those goals and targets at least annually;

    • (b) ensuring that employees

      • (i) are competent persons in respect of all tasks to be carried out by them,

      • (ii) are kept aware of activities and occurrences that may have an impact on their health or safety at the workplace, and

      • (iii) are supervised to ensure that they perform their duties safely;

    • (c) ensuring that the most recent versions of all documents associated with the system are readily available to all persons at the workplace;

    • (d) collecting, managing and analyzing data with respect to occupational health and safety, including hazards, occupational disease, accidents, incidents and other hazardous occurrences, and identifying trends in that data; and

    • (e) keeping training and competency records in respect of employees, including workplace committee members.

  • Marginal note:Auditing

    (2) The audit referred to in paragraph 205.015(2)(g) of the Act must be carried out at as soon as practicable after each of the following occurrences and, in any event, at least once every three years:

    • (a) any change of circumstances that may affect the health and safety of persons at the workplace;

    • (b) the provision by a health and safety officer to the operator of a report under subsection 205.074(1) of the Act indicating non-compliance with Part III.1 of the Act; and

    • (c) the making by a health and safety officer of an order under section 205.092 or 205.093 of the Act in relation to the workplace.

  • Marginal note:Improvements

    (3) The operator must implement any improvements identified during the audit referred to in paragraph 205.015(2)(g) of the Act as soon as practicable.

 
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