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

Regulations are current to 2022-11-16 and last amended on 2022-01-01. Previous Versions

PART 27Hazardous Energy (continued)

Marginal note:Approach boundaries

  •  (1) Every employer must ensure that no person at a workplace under its control is closer to an exposed energized electrical conductor or circuit part than

    • (a) the applicable restricted approach boundary, unless they are a person referred to in paragraph 144(1)(m); or

    • (b) the applicable limited approach boundary, unless they are a person referred to in paragraph 144(1)(m) or are accompanied by such a person.

  • Marginal note:No closer than necessary

    (2) In any case, no person may be closer to an exposed energized electrical conductor or circuit part than is necessary to carry out their work.

  • Marginal note:Work within limited approach boundary

    (3) If a person must work closer to an exposed energized electrical conductor or circuit part than the applicable limited approach boundary but does not require access to the conductor or part, or if a person working outside that boundary is at risk of inadvertently moving within it, the employer must ensure that

    • (a) temporary barriers that do not touch the equipment to which the conductor or circuit part belong are installed to prevent access to the conductor or part; and

    • (b) the work is constantly observed by an electrical safety watcher designated by the employer.

  • Marginal note:Work within restricted approach boundary

    (4) If a person must work closer to an exposed energized electrical conductor or circuit part than the applicable restricted approach boundary, or if a person working outside that boundary is at risk of inadvertently moving within it, the employer must ensure that any tools and equipment that the person uses that could make contact with the electrical conductor or circuit part are insulated.

  • Marginal note:Arc flash boundary

    (5) Every employer must ensure that, if a person at a workplace under its control must work within an arc flash boundary identified under paragraph 142(j),

    • (a) that person has received training in the recognition and mitigation of arc flash hazards;

    • (b) that person wears arc-rated personal protective equipment that is selected having regard to the information set out on the label referred to in paragraph 144(1)(l); and

    • (c) the work is constantly observed by an electrical safety watcher designated by the employer.

  • Marginal note:Electrical safety watcher

    (6) Every employer must ensure that any electrical safety watcher whom it designates for the purpose of paragraph (3)(b) or (5)(c)

    • (a) is knowledgeable of the hazards associated with the work;

    • (b) is trained in methods of release and rescue and has the equipment necessary for carrying them out, including all personal protective equipment necessary for their own health and safety;

    • (c) has first aid qualifications at least equivalent to a standard first aid certificate;

    • (d) is knowledgeable in the procedures to be followed to obtain medical and other emergency assistance and is provided with a means of summoning that assistance without delay;

    • (e) has the authority to immediately stop any part of the work that they consider dangerous;

    • (f) warns the persons carrying out the work of the hazards associated with it;

    • (g) remains in the area in which the work is being carried out for its duration;

    • (h) ensures that all safety precautions and procedures are complied with; and

    • (i) is free of any other duties that might interfere with their duties as a watcher.

PART 28Compressed Gas

Marginal note:Hose lines

 Every employer must ensure that all hose lines for conveying flammable gas or oxygen from supply piping or compressed gas cylinders to torches at a workplace under its control have threads that conform to Compressed Gas Association standard CGA V-1, Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections.

Marginal note:Compressed gas cylinders

  •  (1) Every employer must ensure that all compressed gas cylinders at a workplace under its control, and all equipment used with them, including regulators, automatic reducing valves, gauges and hose lines are compatible for use with one another, as indicated in the manufacturers’ specifications.

  • Marginal note:Use with different gas

    (2) The employer must ensure that no equipment referred to in subsection (1) that is provided for use with a compressed gas cylinder containing a particular gas or group of gases is used at a workplace under its control with a compressed gas cylinder containing a different gas, unless that use is approved by the persons who supplied the compressed gas cylinder and the equipment.

  • Marginal note:Cylinder connections and valves

    (3) The employer must ensure, with respect to every compressed gas cylinder at a workplace under its control, that

    • (a) the cylinder’s connections to piping, regulators and other components are kept sufficiently tight to prevent leakage; and

    • (b) the cylinder’s valves are kept closed at all times unless

      • (i) gas is flowing from the cylinder,

      • (ii) the gas in the cylinder is maintaining pressure in a supply line, or

      • (iii) the cylinder is on standby during and between operations using gas and is not left unattended.

Marginal note:Portable compressed gas cylinders

  •  (1) Every employer must ensure that all portable compressed gas cylinders at a workplace under its control

    • (a) are not

      • (i) rolled on their sides,

      • (ii) subjected to rough handling, or

      • (iii) moved using a lifting magnet or sling;

    • (b) are protected from

      • (i) exposure to corrosive materials or corrosion-aiding substances,

      • (ii) exposure to excessive heat or fire, and

      • (iii) falling and impact;

    • (c) if they are not equipped with appropriate lifting mechanisms, are lifted only while held by a suitable cradle, platform or other device;

    • (d) are transported in a manner that will prevent damage to them and their components, including by

      • (i) being fastened securely in an upright position, unless designed for transport in another orientation, and

      • (ii) having in place a protective cap or other means of preventing damage to their valves; and

    • (e) are stored

      • (i) securely in place, using securing devices capable of withstanding a fire,

      • (ii) in a well-ventilated storage area where the cylinders are not exposed to temperature extremes, in accordance with the specifications of the cylinder manufacturer and the person who supplied the gas,

      • (iii) with the cylinders grouped by type of gas and the groups arranged having regard to the gases they contain,

      • (iv) with full and empty cylinders separated,

      • (v) at a safe distance from all operations that produce flames, sparks or molten metal or that would result in excessive heating of the cylinder, and

      • (vi) with all protective devices with which they are equipped in place.

  • Marginal note:Signage

    (2) The employer must ensure that signs are posted in a conspicuous place in each storage area in which portable compressed gas cylinders are stored, indicating the names of the gases stored.

PART 29Abrasive Blasting and High-Pressure Washing

Marginal note:Employer obligations

  •  (1) The risks associated with abrasive blasting, high-pressure washing or any similar operation are prescribed risks for the purpose of paragraph 205.02(2)(a) of the Act and every employer must, if such an operation is carried out at a workplace under its control, ensure that

    • (a) every enclosure and other work area in which the operation is carried out is identified by warning signs or similar means;

    • (b) only employees who are necessary for the operation are permitted in the enclosure or other work area in which the operation is carried out; and

    • (c) every enclosure is provided with exhaust ventilation and makeup air to reduce the exposure of persons inside the enclosure, if applicable, to air contaminants and prevent the uncontrolled release of air contaminants from the enclosure.

  • Marginal note:Definition of enclosure

    (2) For the purpose of subsection (1), enclosure means a temporarily or permanently contained work area in which abrasive blasting, high-pressure washing or any similar operation is carried out, and includes an unoccupied contained work area in which such an operation is carried out by a person located outside that area.

PART 30Explosives

Marginal note:Definition of activity involving an explosive

 In this Part, activity involving an explosive includes the storage, handling, transportation, preparation or use of an explosive.

Marginal note:Occupational health and safety program

 The risks associated with the carrying out of activities involving an explosive are prescribed risks for the purpose of paragraph 205.02(2)(a) of the Act and the occupational health and safety program in respect of a workplace at which those activities may be carried out must

  • (a) address the designation of areas in which those activities may be carried out;

  • (b) set out procedures respecting

    • (i) the loading and recovery of explosives, including measures to be taken prior to loading and recovery to address stray electrical energy and radiofrequency,

    • (ii) the secure storage of explosives, including their protection from heat, impact and electrical charge,

    • (iii) the selection and use of appropriate tools, including non-sparking tools,

    • (iv) the management of misfires, and

    • (v) the disposal of waste explosive materials; and

  • (c) address the possible effects of weather conditions on the activities.

Marginal note:Work permit

 A work permit is required for any activity involving an explosive that is carried out at a workplace.

Marginal note:Employer obligations

  •  (1) Every employer must ensure, with respect to each workplace under its control, that

    • (a) only competent persons designated by the employer are involved in any activity involving an explosive or have access to explosives;

    • (b) only persons who are directly involved in the activity are permitted in the area in which it is carried out;

    • (c) the quantity of explosives stored at the workplace is kept to a minimum and does not, in any event, exceed 75 kg unless otherwise authorized by the Chief Safety Officer;

    • (d) detonators are not stored with any other explosive other than a detonator of the same type;

    • (e) containers in which explosives are stored are

      • (i) constructed to safely contain the explosives during all potential emergencies, or

      • (ii) constructed and located in a manner that allows them to be safely jettisoned in an emergency; and

    • (f) a competent person maintains and keeps in a readily accessible location a register of all explosives stored, removed from storage, used, misfired, destroyed or transferred outside the workplace, setting out

      • (i) the competent person’s name,

      • (ii) the name of the person who stored, removed, used, destroyed or transferred the explosive,

      • (iii) the date of the storage, removal, use, destruction or transfer,

      • (iv) the type and amount of explosive stored, removed, used, misfired, destroyed or transferred, and

      • (v) particulars of the explosive’s use, intended use, destruction or transfer.

  • Marginal note:Retention of register

    (2) The employer must retain the register referred to in paragraph (1)(f) for at least two years after the last day on which information is recorded in it.

PART 31Hazardous Substances

Marginal note:Definitions

 The following definitions apply in this Part.

fugitive emission

fugitive emission means a hazardous product in any form that escapes into the workplace from processing equipment, emission control equipment or a product. (émission fugitive)

hazardous waste

hazardous waste means a hazardous product that is intended to be recycled, recovered or disposed of. (résidu dangereux)

product identifier

product identifier, in respect of a hazardous substance, including a hazardous product, means its brand name, chemical name, common name, generic name or trade name. (identificateur de produit)

Marginal note:Occupational health and safety program

  •  (1) Exposure to hazardous substances is a prescribed risk for the purpose of paragraph 205.02(2)(a) of the Act and the associated control measures set out in the occupational health and safety program must be commensurate to the risks associated with each hazardous substance present at the workplace.

  • Marginal note:Contents

    (2) Every occupational health and safety program must set out procedures for

    • (a) managing the introduction of new hazardous substances into the workplace;

    • (b) identifying and substituting, to the extent feasible, non-hazardous or less hazardous substances for more hazardous substances used at the workplace;

    • (c) ensuring that all safety data sheets and other documents containing hazard information with respect to hazardous substances at the workplace are kept up to date;

    • (d) developing and implementing any medical monitoring program that may be required under paragraph 156(1)(c);

    • (e) identifying and implementing means, potentially including protective reassignment, of eliminating all workplace exposure to a respiratory sensitizer or skin sensitizer, as those terms are defined in section 8.4 of the Hazardous Products Regulations, for any employee who is or is likely to be sensitized to that substance;

    • (f) informing employees of the hazards posed by any substance that is a germ cell mutagen, as defined in section 8.5 of the Hazardous Products Regulations, or toxic to reproduction, as defined in section 8.7 of those Regulations, to which they may be exposed at the workplace; and

    • (g) determining levels of safe exposure to the substances referred to in paragraph (f) for persons who are pregnant or breastfeeding or intend to conceive a child and identifying and implementing means, potentially including protective reassignment, of ensuring that those levels are not exceeded in respect of any employee who has advised the employer that they are such a person.

Marginal note:Investigation and assessment

  •  (1) The employer must, for the purpose of investigating and assessing potential exposure to hazardous substances under paragraph 205.022(f) of the Act, before the work that gives rise to the potential exposure begins,

    • (a) obtain from a competent person designated by it, in consultation with the workplace committee or coordinator, as the case may be, a signed written report that

      • (i) addresses the following factors in respect of each hazardous substance to which employees may be exposed:

        • (A) the substance’s chemical, biological and physical properties,

        • (B) the routes of exposure to the substance,

        • (C) the acute and chronic effects on health of exposure to the substance,

        • (D) the manner in which the substance is produced, stored, used, handled and disposed of at the workplace,

        • (E) the control methods used to eliminate or reduce the employees’ exposure to the substance, and

        • (F) the quantity, concentration or level of substance to which the employees may be exposed, including, in the case of an airborne chemical agent, whether that concentration is likely to exceed 50% of the threshold limit value for that agent referred to in paragraph 157(1)(a), and

      • (ii) sets out the competent person’s recommendations regarding compliance with the provisions of the Act and these Regulations respecting hazardous substances, including recommendations in respect of sampling, testing and medical examinations of employees;

    • (b) if the report referred to in paragraph (a) recommends the medical examination of employees,

      • (i) obtain from a physician with specialized knowledge of the hazardous substance to which the employees may be exposed a written opinion, to be retained with the report, as to whether the medical examination is necessary, and

      • (ii) if it is confirmed that the examination is necessary, obtain the results of a medical examination of each employee, carried out by a physician acceptable to that employee and at the employer’s expense, indicating whether the employee is fit to be exposed to the substance and, if so, any restrictions that ought to be imposed on their exposure; and

    • (c) assess whether and to what extent medical monitoring of employees is necessary and, if the employer determines that it is necessary — or if requested by the Board under paragraph 205.066(1)(f) of the Act — implement a program for the medical monitoring of the employees.

  • Marginal note:Combined effect

    (2) If two or more hazardous substances have a similar toxicological effect on the same target organ or system, their combined effect must be considered for the purpose of the investigation and assessment, using the additive mixture formula set out in the American Conference of Governmental Industrial Hygienists publication TLVs and BEIs: Based on the Documentation of the Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices.

  • Marginal note:Testing methodology

    (3) If it is likely that the concentration of an airborne chemical agent referred to in clause (1)(a)(i)(F) exceeds the threshold limit value for that agent referred to in paragraph 157(1)(a), the concentration must be determined using a test that conforms to the United States National Institute for Occupational Safety and Health’s NIOSH Manual of Analytical Methods, if such a test exists for that agent.

 
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