Canada–Newfoundland and Labrador Offshore Area Occupational Health and Safety Regulations (SOR/2021-247)
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Regulations are current to 2023-03-20 and last amended on 2022-01-01. Previous Versions
PART 18Equipment, Machines and Devices (continued)
92 (1) Every employer must ensure that no equipment or machine at a workplace under its control is fuelled, and no fuel is transferred between containers,
(a) in the following locations:
(i) a place where the vapours from the fuel are not readily dissipated, or
(ii) the hold of a vessel or any other enclosed space at the workplace; or
(b) in the following circumstances:
(i) subject to subparagraph (ii), while there is any source of ignition in the vicinity that presents a risk of fire or explosion, or
(ii) in the case of equipment, while the equipment’s engine is running, unless it is designed to be fuelled in that manner.
(2) Despite subparagraph (1)(a)(ii), equipment may be fuelled in the hold of a vessel or another enclosed space if
(a) an employee who has a suitable fire extinguisher ready for use is in the hold or space;
(b) no one other than the employee referred to in paragraph (a) and those employees engaged in the fuelling are in the hold or space;
(c) the fuelling is carried out by transferring fuel directly into the equipment’s fuel tank or, in the case of liquefied gas, by replacing spent cylinders;
(d) no more fuel than is necessary to fill the equipment’s fuel tank — or, in the case of liquefied gas, no more than the number of cylinders in need of replacement — is taken into the hold or space; and
(e) atmospheric gas levels in the hold or space are continuously monitored.
(3) Every employer must develop procedures to be followed respecting the fuelling of equipment to protect the health and safety of employees.
PART 19Elevators and Personnel Lifts
93 (1) Every employer must ensure that each elevator at a workplace under its control is designed, maintained, tested, inspected and used in accordance with ASME standard A17.1/CSA Group standard B44, Safety code for elevators and escalators, and that each personnel lift at a workplace under its control is designed, installed, maintained, tested, inspected and used in accordance with CSA Group standard CAN/CSA-B311, Safety Code for Manlifts.
Marginal note:Inspection and testing
(2) The employer must ensure that every elevator and personnel lift is inspected and tested
(a) before the elevator or personnel lift is placed in or returned to service;
(b) after any alteration to the elevator or personnel lift; and
(c) at least once a year.
Marginal note:Inspection validity
(3) An inspection ceases to be valid one year after the day on which it is carried out.
(4) The employer must ensure that the person who inspects an elevator or personnel lift includes in the record referred to in paragraph 87(1)(f) the date on which the inspection ceases to be valid.
Marginal note:Elevator documentation
94 Every employer must ensure that a document is posted in each elevator at a workplace under its control that identifies the elevator and its location, indicates its capacity and sets out the date on which its most recent inspection ceases to be valid.
PART 20Ladders, Stairs and Ramps
95 This Part applies in respect of a workplace that is a marine installation or structure.
Marginal note:Ship’s ladder
96 For the purposes of this Part, any reference to stairs includes a permanently installed structure, commonly known as a ship’s ladder, that has a steep pitch, rigid treads supported by rigid side rails and a handrail on each side.
Marginal note:Requirement to install
97 If an employee in the course of routine work is required to move between levels that are more than 45 cm apart, the employer with control over the workplace must ensure that a fixed ladder, fixed stairs or a fixed ramp is installed between the levels.
Marginal note:Stairs, ramps and fixed ladders
98 (1) Every employer must ensure that all stairs, ramps and fixed ladders that are installed at each workplace under its control, as well as all cages, landings and platforms used with the fixed ladders, are designed and maintained to support any load that is likely to be imposed on them and to safely accommodate all persons who are likely to use them and all equipment that is likely to pass over them.
Marginal note:Hazard protection
(2) If stairs, a ramp or a fixed ladder end in direct proximity to anything that would pose a risk of injury to a person were they to inadvertently come into contact with it, the employer must ensure that a barricade is installed to protect persons using the stairs, ramp or ladder from that hazard.
Marginal note:Temporary stairs
99 Every employer must ensure that all temporary stairs installed at a workplace under its control are securely fastened in place and have
(a) uniform steps in the same flight;
(b) a slope of not more than 1.2 to 1; and
(c) a hand rail not less than 90 cm and not more than 1.1 m above the stair level
(i) on at least one side, and on every open side, if the stairs are not more than 1.12 m wide, or
(ii) on both sides, if the stairs are more than 1.12 m wide.
100 Every employer must ensure that every ramp installed at a workplace under its control is
(a) securely fastened in place;
(b) braced if necessary to ensure its stability; and
(c) equipped with cleats or surfaced in a manner that provides a safe footing for users.
Marginal note:Fixed ladders
101 (1) Every employer must ensure that any fixed ladder installed at a workplace under its control, other than one installed as part of a scaffold,
(a) is installed with its underside angled not less than 75 degrees and not more than 90 degrees from the ground;
(b) is securely held in place at the top and bottom and at intervals of not more than 3 m;
(c) has rungs that are at least 15 cm from the wall, at uniformly spaced intervals of not more than 30 cm, and do not impede any employee from safely exiting the ladder onto a platform or landing;
(d) has side rails that extend not less than 90 cm above each landing or platform;
(e) is not coated with material that may hide flaws affecting its integrity;
(f) if it is more than 6 m in length, is fitted, if feasible, with a protective cage for the portion of its length that is more than 2.5 m above its bottom; and
(g) if it is more than 9 m in length, is equipped with landings or platforms, at intervals of no more than 6 m, that are
(i) at least 0.36 m2 in area, and
(ii) fitted at their outer edges with a guard-rail and toe board.
(2) While ascending or descending a fixed ladder at a workplace, every employee must
(a) face the ladder;
(b) maintain a three-point contact with the ladder; and
(c) carry any tools, equipment or materials in a pouch or holster or in another secure manner.
(3) An employee must not use a metal or wire-bound fixed ladder if there is a risk of it coming into contact with an energized electrical conductor or circuit part or with energized electrical equipment.
Marginal note:Portable ladders
102 (1) Every employer must ensure that any portable ladder used at a workplace under its control
(a) conforms to CSA Group standard Z11, Portable ladders;
(b) has a minimum load rating of 113.4 kg;
(c) if used, other than as part of a scaffold system, on a marine installation or structure that is used for the drilling for or production of petroleum products, is made of a non-combustible material; and
(d) is not coated with material that may hide flaws affecting its integrity.
(2) An employee who uses a portable ladder at a workplace must do so in accordance with CSA Group standard Z11, Portable ladders, and must ensure that, while the ladder is in use,
(a) it is placed on a firm and stable footing and positioned so that it is not necessary to use the underside;
(b) it is secured in such a manner that it cannot be dislodged accidentally from its position; and
(c) unless it is a self-supporting ladder, the upper portion of its side rails rests on a bearing surface capable of safely withstanding the load imposed on it.
(3) An employee must not
(a) position a portable ladder in an elevator shaft or hoistway when that space is being used for hoisting;
(b) position a portable ladder near moving equipment that is under a load;
(c) use a portable ladder in a manner that may compromise its stability or the stability of any person on it; or
(d) use a metal or wire-bound portable ladder if there is a risk of it coming into contact with an energized electrical conductor or circuit part or with energized electrical equipment.
PART 21Scaffolding and Platforms
Marginal note:Definition of elevating work platform
103 In this Part, elevating work platform means a type of integral chassis aerial platform that has an adjustable position platform that is supported from ground level by an articulating or telescoping boom or by a vertically oriented, telescoping or elevating mast.
Marginal note:Use — general
104 (1) Every employer must ensure that no employee uses a scaffold, suspended work platform or elevating work platform at a workplace under the employer’s control unless
(a) the employer has authorized its use;
(b) the employee has been trained and instructed in its safe and proper use; and
(c) it has been inspected and certified by a competent person as being fit for the use to which the employee intends to put it.
Marginal note:Hazardous conditions
(2) The employer must ensure that no employee uses a scaffold, suspended work platform or elevating work platform in environmental conditions that are likely to increase the risk to the health or safety of the employee unless its use in those conditions is necessary to remove a hazard or rescue a person.
Marginal note:Prevention of contact
105 The employer must ensure that, if there is a risk of a person or equipment coming into contact with a scaffold, suspended work platform or elevating work platform in a manner that would pose a hazard, a barricade is installed or, if that is not feasible, another means of preventing the contact is provided.
106 (1) Every employer must ensure, with respect to any scaffold used at a workplace under its control, that
(a) its configuration at the workplace is designed by a competent person;
(b) it is erected, used, inspected, dismantled and stored in accordance with CSA Group standard CAN/CSA-Z797, Code of practice for access scaffold;
(c) if used to support a temporary floor or subjected to loads that could cause it to overturn, it is erected and used in accordance with written instructions approved by a professional engineer;
(d) either it is capable of supporting at least four times the load that is likely to be imposed on it or it has been approved by a professional engineer and consists of components that have been manufactured in accordance with a quality management system;
(e) its footings and supports are capable of supporting all static and dynamic loads that are likely to be imposed on them;
(f) to the extent feasible, it uses only manufactured platforms;
(g) its platforms or planks are adequately secured and installed in a manner that avoids gaps and overlapping;
(h) all of its wooden components are treated with a transparent fire retardant coating and are stored and maintained so that their integrity and fire retardant properties are preserved;
(i) all of its components are compatible with each other;
(j) if it is a continuous run scaffold or a double-pole tube and coupler scaffold, it has internal horizontal cross-bracing installed in the bay immediately adjacent to and at the level of a building tie, unless equivalent bracing is achieved using manufactured scaffold planks secured by end hooks to provide a fully decked work platform at that level; and
(k) any vertical ladder more than 9 m in length that is used with it has a landing or platform at least every 6 m.
Marginal note:Ladder jack scaffold
(2) Every employer must ensure that no ladder jack scaffold is used at a workplace under its control.
Marginal note:Elevating work platforms
107 Every employer must ensure, with respect to any elevating work platform at a workplace under its control, that
(a) its rated capacity is marked on it in a location that is clearly visible to any person using it;
(b) it is equipped with controls of a continuous pressure type that return to the neutral or stop position when released;
(c) it is equipped with an emergency stop device that is red in colour and located within easy reach of the person operating it;
(d) if its lifting mechanism creates a shear hazard to employees, that mechanism is adequately guarded or identified with signs, decals or similar markings warning of the hazard; and
(e) if it is self-propelled or mobile, it is used only with the approval of the Chief Safety Officer.
PART 22Fall Protection and Rope Access
Marginal note:Risk of falling
108 The risk of a person falling from any of the following locations is a prescribed risk for the purpose of paragraph 205.02(2)(a) of the Act:
(a) 3 m or more above the nearest safe surface or above water;
(b) any distance above a surface or thing that could cause injury or illness to the person; or
(c) a portable ladder, if
(i) there are high wind or wave conditions,
(ii) the person is performing a task that does not permit them to maintain their centre of gravity between the ladder’s side rails,
(iii) the person is performing a task that is not a light duty task, or
(iv) the person is performing a task for more than a short duration at any one location.
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