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

Marginal note:Medics

• 33 (1) An employer may designate a person as a medic if that person

  • (a) has experience with helicopter or fixed-wing aircraft evacuation for medical purposes;

  • (b) holds an advanced cardiac life support certificate or basic cardiac life support instructor’s certificate issued by an entity that bases its training on International Liaison Committee on Resuscitation guidelines; and

  • (c) meets one of the following requirements:

    • (i) they hold a licence to practise medicine in Canada and have at least two years’ clinical experience in intensive care or emergency practice,

    • (ii) they hold a registered nursing certificate recognized by a provincial regulatory body and have at least two years’ clinical experience in intensive care or emergency practice, or

    • (iii) they hold an advanced care paramedic certificate or critical care paramedic certificate issued by a college in Canada and have at least three years’ experience as an advanced life support provider.

• Marginal note:Designation in writing

  (2) The designation under subsection (1) must be made in writing.

• Marginal note:No other duties

  (3) The employer must not assign to the medic any other duties that will interfere with the prompt and adequate provision of first aid and medical care.

• Marginal note:Responsibility

  (4) When providing first aid or medical care to an injured or ill person, a medic

  • (a) must not be overruled by anyone other than the physician referred to in paragraph 31(a); and

  • (b) must follow any directions given by the physician referred to in paragraph 31(a).

Marginal note:First aiders

• 34 (1) Every employer must allow any first aider — and any other employee that the first aider needs for assistance — to provide prompt and adequate first aid to an injured or ill person and ensure that they have adequate time to do so, with no loss of pay or benefits.

• Marginal note:Responsibility

  (2) When providing first aid to an injured or ill person, a first aider

  • (a) must not be overruled by anyone other than a physician, a medic or, if they hold a standard first aid certificate, a first aider with an advanced first aid certificate; and

  • (b) must remain in charge of the person’s care until the first aid is complete or the person is under the care of a physician, a medic or, if they hold a standard first aid certificate, a first aider with an advanced first aid certificate.

Marginal note:Treatment records

• 35 (1) Every first aider or medic who provides care to an injured or ill person or from whom treatment is sought must make and sign a record containing the following information:

  • (a) the full name of the injured or ill person;

  • (b) a brief description of the injury or illness — and of the occurrence that gave rise to it, if any — including, as applicable, the date on which and the time and location at which the injury or occurrence occurred or the date on which and the time at which symptoms of the illness were first experienced;

  • (c) a brief description of any treatment provided by the first aider or medic, including the date on which and time at which it was provided; and

  • (d) a brief description of any arrangements made for the treatment or transportation of the injured or ill person.

• Marginal note:Retention

  (2) The employer with control over the workplace at which the record is made must retain it, from the day on which the injury or illness is first documented, for

  • (a) 40 years, in the case of treatment for an occupational disease or exposure to a hazardous substance;

  • (b) 10 years, in the case of treatment for an injury resulting from an incident, other than exposure to a hazardous substance, or for a musculoskeletal injury, as defined in subsection 41(3); and

  • (c) five years, in any other case.

PART 7Employee Well-being

Marginal note:Occupational health and safety program

36 Every occupational health and safety program must set out measures for promoting mental health and healthy lifestyles and must address substance abuse, the effects on mental health of working in a remote location and the management of mental illness.

Marginal note:Impairment

• 37 (1) Impairment, including as a result of fatigue, stress, injury, illness, another physical or psychological condition, alcohol or drugs, is a prescribed risk for the purpose of paragraph 205.02(2)(a) of the Act and every occupational health and safety program must

  • (a) set out the roles and duties of all workplace parties in identifying and preventing the consequences of impairment on the health and safety of employees;

  • (b) identify factors that may contribute to impairment or its causes, such as work and workplace conditions, work scheduling and task type and length;

  • (c) require that the factors referred to in paragraph (b) be regularly monitored at the workplace and taken into account, in conjunction with incident reports, employee complaints, workplace committee reports and records of excess work hours kept under paragraph (e) or subsection 39(3), to identify any potential impairment;

  • (d) require the development, maintenance and implementation of an appropriate work shift design that allows adequate rest periods;

  • (e) require records to be kept of hours worked by an employee beyond their usual shift or rotation; and

  • (f) require that the risk of fatigue be taken into account in developing all workplace procedures.

• Marginal note:Working while impaired

  (2) Every employer must ensure that no employee at a workplace under its control is permitted to work if their ability to do so is impaired in a manner that is likely to be hazardous to their health or safety or that of any other person at the workplace.

• Marginal note:Investigation of incidents

  (3) Impairment must be considered as a potential causal factor in the investigation of all incidents at the workplace.

Marginal note:Fatigue training

38 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

• 39 (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

40 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

• 41 (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

• 42 (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.