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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 7Employee Well-being (continued)

Marginal note:Fatigue training

 The instruction and training that every employer must provide to its employees includes instruction and training on the factors that contribute to fatigue, procedures for identifying and reporting fatigue and the role and duties of employees in managing fatigue.

Marginal note:Rest periods

  •  (1) Every employer must ensure that no employee works at a workplace under its control unless they have been provided with a period of at least 11 consecutive hours of rest in the previous 24 hours.

  • Marginal note:Exception

    (2) An employer may, in extenuating circumstances, allow an employee to work without having had that rest period if the employer has assessed the risk associated with the employee working the extra hours and determined, in consultation with the employee, that the work can be carried out without increased risk to their health or safety.

  • Marginal note:Documentation

    (3) If an employer allows an employee to work without having had that rest period, the employer must ensure that a description of the work, the name of the employee, the hours worked, the reason for the exception and the result of the risk assessment referred to in subsection (2) are recorded.

  • Marginal note:Non-application in emergency

    (4) Subsection (1) does not apply in the event of an emergency at the workplace that may be hazardous to the health or safety of employees.

  • Marginal note:Alternative

    (5) Despite subsections (1) and (2), the employer with control over a workplace for which an authorization has been issued for a period of less than six months may alternatively comply, in respect of the marine crew, with the daily hours of work and minimum rest requirements outlined in the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978.

Marginal note:Thermal stress

 Thermal stress is a prescribed risk for the purpose of paragraph 205.02(2)(a) of the Act and every employer must ensure, in respect of all persons at each workplace under its control who may be exposed to heat or cold, that

  • (a) their exposure is kept below the applicable threshold limit value or action limit established 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, as the case may be;

  • (b) they are informed of the risk and advised of measures to be taken to minimize their exposure to it;

  • (c) they are regularly monitored for signs of thermal stress;

  • (d) they are provided with clothing and equipment that offers protection against thermal stress;

  • (e) screens or shelters are provided to protect them against the elements, if applicable;

  • (f) measures are taken to acclimatize them to temperatures at the workplace;

  • (g) hot or cold beverages, as the case may be, are made available to them; and

  • (h) work schedules, including rest periods, are established having regard to thermal stress.

Marginal note:Musculoskeletal injury

  •  (1) Musculoskeletal injury is a prescribed risk for the purpose of paragraph 205.02(2)(a) of the Act and the procedures referred to in that paragraph must include an assessment, in consultation with the following persons, of the extent to which that risk is associated with each type of work carried out at the workplace:

    • (a) a representative sample of employees who are required to carry out that type of work; and

    • (b) employees who have signs or symptoms of musculoskeletal injury.

  • Marginal note:Hazard control measures

    (2) The employer must ensure that interim hazard control measures are implemented without delay after the risks of musculoskeletal injury are assessed and permanent measures, determined with regard to the parameters established 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, are implemented as soon as practicable.

  • Marginal note:Definition of musculoskeletal injury

    (3) In this section, musculoskeletal injury means an injury to or disorder of the muscles, tendons, ligaments, joints, nerves, blood vessels or related soft tissue, including a sprain, strain or inflammation.

Marginal note:Workplace violence and harassment

  •  (1) Workplace violence and harassment is a prescribed risk for the purpose of paragraph 205.02(2)(a) of the Act and every employer must develop and post at a place accessible to all employees a policy setting out the employer’s commitment to

    • (a) provide a safe, healthy and violence and harassment-free workplace;

    • (b) dedicate sufficient attention, resources and time to address factors that contribute to workplace violence and harassment;

    • (c) communicate to its employees information in its possession about the factors referred to in paragraph (b); and

    • (d) assist employees who have been exposed to workplace violence and harassment.

  • Marginal note:Occupational health and safety program

    (2) Every occupational health and safety program must

    • (a) require that the assessment of the risk of violence and harassment at the workplace take into account the nature of the work carried out at the workplace, the conditions under which that work is carried out and previous experiences at the workplace and other similar workplaces; and

    • (b) include procedures for

      • (i) summoning immediate assistance in response to violence that poses an immediate risk of physical injury,

      • (ii) reporting incidents of workplace violence and harassment to the employer or a supervisor, and

      • (iii) investigating and addressing reports of workplace violence and harassment.

  • Marginal note:Training

    (3) The training that every employer must provide to each of its employees includes training on the factors that contribute to workplace violence and harassment.

  • Marginal note:Definition of workplace violence and harassment

    (4) In this section, workplace violence and harassment means any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee.

Marginal note:Disruptive behaviour

 Every employer must instruct all employees at each workplace under its control to refrain from engaging in disruptive behaviour at the workplace that may be hazardous to themselves or any other person.

PART 8Personal Protective Equipment

Marginal note:Employee obligations

  •  (1) The personal protective equipment that every employee must use or wear for the purpose of paragraph 205.027(b) of the Act includes, in respect of any hazard to which they are exposed, all personal protective equipment that the employer or operator provides to them for the purpose of preventing or reducing injury from that hazard.

  • Marginal note:Compatibility with clothing

    (2) Every employee must ensure that any clothing worn by them does not interfere with the proper functioning of any personal protective equipment used or worn by them.

Marginal note:Requirements

 Every employer must ensure that all personal protective equipment that it provides to its employees, or to other individuals at a workplace under its control,

  • (a) is designed to effectively protect the user or wearer from the hazard for which it is provided;

  • (b) is selected having regard to any other hazards in the work area in which it is intended to be used or worn;

  • (c) does not create a hazard when used or worn for the purpose for which it is provided;

  • (d) is compatible with all other personal protective equipment that the employer provides to be used or worn at the same time, so that one item of equipment does not make another item ineffective; and

  • (e) is maintained in good working order and in a clean and sanitary condition.

Marginal note:Prescribed equipment

 The personal protective equipment that every employer must provide to its employees and other individuals at a workplace under its control includes

  • (a) if the workplace is a marine installation or structure,

    • (i) emergency escape breathing devices that conform to the International Maritime Organization’s International Code for Fire Safety Systems and that, if they are to be used for escape from an atmosphere that is immediately dangerous to life and health,

      • (A) have a rated service time in excess of the anticipated time needed to reach the nearest temporary safe refuge or muster station, and

      • (B) if they are multifunctional self-contained breathing apparatuses or airline respirators, have an auxiliary self-contained air supply with a rated service time in excess of the anticipated time needed to allow for escape by way of the planned escape route and, in any event, of not less than 15 minutes, or

    • (ii) respirators for the purpose of escape that are selected in accordance with CSA Group Standard Z94.4, Selection, use, and care of respirators;

  • (b) if the workplace is a marine installation or structure, immersion suits that

    • (i) conform to

      • (A) Chapter II of the LSA Code and IMO Resolution MSC.81(70), with the provisions of that Resolution being read as mandatory, or

      • (B) Underwriters Laboratories standard ANSI/CAN/UL 15027-2, Standard for Immersion Suits – Part 2: Abandonment Suits, Requirements Including Safety, and

    • (ii) are appropriate for all expected environmental conditions in the vicinity of the workplace, all situations that may require emergency evacuation and the time it would take for rescue operations to reach the area and complete a rescue;

  • (c) if the workplace is a workboat, an anti-exposure suit for each employee or individual that

    • (i) conforms to Chapter II of the LSA Code and IMO Resolution MSC.81(70), with the provisions of that Resolution being read as mandatory, and

    • (ii) is appropriate for all expected environmental conditions in the vicinity of the workplace;

  • (d) if the employee or individual is in the vicinity of moving equipment or loads, personal protective clothing that conforms to CSA Group standard Z96, High-visibility safety apparel, other than the provisions of that standard that pertain to marking, and that is selected in accordance with that standard’s annex on selection, which is to be read as mandatory;

  • (e) if the employee or individual may be exposed to a risk of head injury, protective headwear that conforms to CSA Group standard Z94.1, Industrial protective headwear — Performance, selection, care, and use, other than the provisions of that standard that pertain to marking;

  • (f) if the employee or individual may be exposed to a risk of injury to the eyes, face, ears or front of the neck, eye or face protectors that conform to CSA Group standard Z94.3, Eye and face protectors, other than the provisions of that standard that pertain to marking, and that are compatible with any corrective lenses worn by the employee or individual;

  • (g) if the employee or individual may be exposed to a risk of foot injury or electric shock through footwear, protective footwear that conforms to

    • (i) CSA Group standard Z195, Protective footwear, other than the provisions of that standard that pertain to marking,

    • (ii) ASTM International standard F2413, Standard Specification for Performance Requirements for Protective (Safety) Toe Cap Footwear, other than the provisions of that standard that pertain to marking, or

    • (iii) International Organization for Standardization standard ISO 20345, Personal protective equipment — Safety footwear, other than the provisions of that standard that pertain to marking;

  • (h) if the employee or individual may be exposed to noise levels exceeding the threshold limit value for sound, other than while diving, personal protective equipment that conforms to and is selected and maintained in accordance with CSA Group standard Z94.2, Hearing protection devices - Performance, selection, care, and use;

  • (i) if the employee or individual may be exposed to a hazard from a type of gas that can be monitored with a personal gas monitoring device, a device of that type that is explosion-proof and has been calibrated in accordance with the manufacturer’s instructions;

  • (j) if the employee or individual may be exposed to fire or radiated heat from fire, personal protective clothing that conforms to the design and performance requirements set out in Canadian General Standards Board standard CAN/CGSB 155.20, Workwear for protection against hydrocarbon flash fire and optionally steam and hot fluids, or in Chapter 7 of National Fire Protection Association standard NFPA 2112, Standard on Flame-Resistant Clothing for Protection of Industrial Personnel Against Short-Duration Thermal Exposures from Fire;

  • (k) if the employee or individual may be exposed to respiratory hazards, respiratory protective equipment that is

    • (i) selected and maintained in accordance with CSA Group standard Z94.4, Selection, use, and care of respirators, and

    • (ii) in the case of a pressure-demand self-contained breathing apparatus that is to be used in atmospheres that are immediately dangerous to life and health, equipped with an audible alarm that sounds when the air supply has diminished to 33% of its capacity;

  • (l) if the employee or individual may be exposed to a risk of injury to or through the skin, an effective shield, screen, cream, lotion or body covering; and

  • (m) if the employee or individual is exposed to a risk of falling into the water,

    • (i) a life jacket that is appropriate for all expected environmental conditions and conforms to Chapter II of the LSA Code and IMO Resolution MSC.81(70), with the provisions of that Resolution being read as mandatory,

    • (ii) a personal flotation device that is appropriate for all expected environmental conditions and

      • (A) has been approved by the Minister of Transport, the Canadian Coast Guard or the United States Coast Guard,

      • (B) is appropriate for the weight of the person who will wear it,

      • (C) has sufficient buoyancy to keep the person’s head afloat, and

      • (D) is capable of being inflated manually, regardless of whether it is also equipped with automated inflation technology, or

    • (iii) a fall-arrest system as described in paragraph 109(1)(d).

Marginal note:Respiratory protective equipment

  •  (1) Every employer must ensure that any respiratory protective equipment that they provide to employees or other individuals at a workplace under its control is used in accordance with CSA Group standard Z94.4, Selection, use, and care of respirators.

  • Marginal note:Air supply

    (2) The employer must ensure that any respiratory protective equipment that supplies air is used only if

    • (a) that air conforms to either CSA Group standard Z180.1, Compressed breathing air and systems or European Committee for Standardization (CEN) standard EN 12021, Respiratory equipment — Compressed gases for breathing apparatus; and

    • (b) the system that supplies the air is tested, operated and maintained in accordance with CSA Group standard Z180.1, Compressed breathing air and systems.

Marginal note:Personal gas monitoring device

 Every employer must ensure that each personal gas monitoring device used at a workplace under its control is bump tested before each use.

 
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