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Canada Occupational Health and Safety Regulations (SOR/86-304)

Regulations are current to 2022-06-20 and last amended on 2022-05-02. Previous Versions

PART XIVMaterials Handling (continued)

DIVISION IVStorage of Materials

  •  (1) All materials, goods and things shall be stored in the work place in such a manner that the maximum safe load carrying capacity of the floor or other supporting structures is not exceeded.

  • (2) All materials, goods or things shall be stored and placed in such a manner that employees are not required manually to lift materials, goods or things in a manner that would lead to overextension of or excessive strain on the body.

  • (3) All materials, goods or things shall be stored in a manner so that

    • (a) light in the storage area is not reduced below the levels required by Part VI;

    • (b) there is no obstruction or encroachment of passageways, traffic lanes or exits;

    • (c) the safe operation of motorized or manual materials handling equipment is not impeded;

    • (d) the ready access to or the operation of fire fighting equipment is not obstructed;

    • (e) the operation of fixed fire protection equipment is not interfered with; and

    • (f) there is no risk to the health or safety of any employee.

  • SOR/96-400, s. 1
  • SOR/2002-208, s. 39

DIVISION VTransitional Provisions

  •  (1) Subject to subsection (3), motorized materials handling equipment that is in use at the time this amendment comes into force, and that meets the requirements of this Part as it read immediately before the coming into force of this amendment, is exempt from having to comply with the amendment as long as the motorized materials handling equipment continues to meet those requirements.

  • (2) Subject to subsection (3), motorized or manual materials handling equipment that is in use at the time an amendment to a standard or code incorporated by subsection 14.6(1) or 14.8(2) or section 14.18 or 14.19 comes into force and that complies with the standard or code as it read immediately before the coming into force of the amendment, is exempt from having to comply with the amendment as long as the motorized or manual materials handling equipment continues to meet that standard or code.

  • (3) An employer shall ensure that, if feasible, equipment referred to in

    • (a) subsection (1) meets the requirements of subsection 14.3(3) or 14.6(2), section 14.10, 14.11 or 14.13 or paragraph 14.16(1)(b); and

    • (b) subsection (2) complies with an amendment referred to in that subsection.

  • (4) If it is not feasible for materials handling equipment in use at the time an amendment referred to in subsection (1) or (2) comes into force to comply with the amendment, the employer whose employees use the equipment shall notify the work place committee or the health and safety representative of the non-compliance.

PART XVHazardous Occurrence Investigation, Recording and Reporting

Interpretation

 In this Part,

disabling injury

disabling injury means an employment injury or an occupational disease that

  • (a) prevents an employee from reporting for work or from effectively performing all the duties connected with the employee’s regular work on any day subsequent to the day on which the injury or disease occurred, whether or not that subsequent day is a working day for that employee,

  • (b) results in the loss by an employee of a body member or part thereof or in the complete loss of the usefulness of a body member or part thereof, or

  • (c) results in the permanent impairment of a body function of an employee; (blessure invalidante)

district office

district office, in respect of a work place, means the office of the Department of Employment and Social Development that is responsible for the HRSDC Labour Program and that is

  • (a) closest to the work place, and

  • (b) in any of the Department’s administrative regions in which the work place is situated; (bureau de district)

minor injury

minor injury means an employment injury or an occupational disease for which medical treatment is provided and excludes a disabling injury. (blessure légère)

  • SOR/89-479, s. 1
  • SOR/2009-147, s. 9
  • 2013, c. 40, s. 237

Application

  •  (1) Subject to subsection (2), this Part does not apply in respect of employees employed in a coal mine or in an underground portion of any other type of mine.

  • (2) Section 15.10 applies in respect of employees employed in a coal mine.

  • (3) This Part does not apply in respect of occurrences of harassment and violence in the work place.

Reports by Employee

 If an employee becomes aware of an accident or other occurrence arising in the course of or in connection with the employee’s work that has caused or is likely to cause injury to that employee or to any other person, the employee shall, without delay, report the accident or other occurrence to the employer.

Investigations

  •  (1) Where an employer becomes aware of an accident, occupational disease or other hazardous occurrence affecting any of his employees in the course of employment, the employer shall, without delay,

    • (a) appoint a qualified person to carry out an investigation of the hazardous occurrence;

    • (b) notify the work place committee or the health and safety representative of the hazardous occurrence and of the name of the person appointed to investigate it; and

    • (c) take necessary measures to prevent a recurrence of the hazardous occurrence.

  • (2) Where the hazardous occurrence referred to in subsection (1) is an accident involving a motor vehicle on a public road that is investigated by a police authority, the investigation referred to in paragraph (1)(a) shall be carried out by obtaining from the appropriate police authority a copy of its report respecting the accident.

  • (3) As soon as feasible after receipt of the report referred to in subsection (2), the employer shall provide a copy of the report to the work place committee or the health and safety representative.

Telephone or Fax Reports

[
  • SOR/2019-246, s. 112
]

 The employer shall report to the Head of Compliance and Enforcement, by telephone or fax, the date, time, location and nature of any accident, occupational disease or other hazardous occurrence referred to in section 15.4 that had one of the following results, as soon as feasible but not later than 24 hours after becoming aware of that result:

  • (a) the death of an employee;

  • (b) a disabling injury to two or more employees;

  • (c) the loss by an employee of a body member or a part thereof or the complete loss of the usefulness of a body member or a part thereof;

  • (d) the permanent impairment of a body function of an employee;

  • (e) an explosion;

  • (f) damage to a boiler or pressure vessel that results in fire or the rupture of the boiler or pressure vessel; or

  • (g) any damage to an elevating device that renders it unserviceable, or a free fall of an elevating device.

Records

  •  (1) The employer shall, within 72 hours after a hazardous occurrence referred to in paragraph 15.5(f) or (g), record in writing

    • (a) a description of the hazardous occurrence and the date, time and location of the occurrence;

    • (b) the causes of the occurrence; and

    • (c) the corrective measures taken or the reason for not taking corrective measures.

  • (2) The employer shall, without delay, submit a copy of the record referred to in subsection (1) to the work place committee or the health and safety representative.

  • SOR/89-479, s. 1
  • SOR/94-263, s. 58
  • SOR/2002-208, s. 32

Minor Injury Records

  •  (1) Every employer shall keep a record of each minor injury of which the employer is aware that is sustained by an employee in the course of employment.

  • (2) A record kept pursuant to subsection (1) shall contain

    • (a) the date, time and location of the occurrence that resulted in the minor injury;

    • (b) the name of the employee affected;

    • (c) a brief description of the minor injury; and

    • (d) the causes of the minor injury.

Written Reports

  •  (1) The employer shall make a report in writing, without delay, in the form set out in Schedule I to this Part setting out the information required by that form, including the results of the investigation referred to in paragraph 15.4(1)(a), where that investigation discloses that the hazardous occurrence resulted in any one of the following circumstances:

    • (a) a disabling injury to an employee;

    • (b) an electric shock, toxic atmosphere or oxygen deficient atmosphere that caused an employee to lose consciousness;

    • (c) the implementation of rescue, revival or other similar emergency procedures; or

    • (d) a fire or an explosion.

  • (2) The employer shall submit a copy of the report referred to in subsection (1)

    • (a) without delay, to the work place committee or the health and safety representative; and

    • (b) within 14 days after the hazardous occurrence, to the Head of Compliance and Enforcement.

 If an accident referred to in subsection 15.4(2) results in a circumstance referred to in subsection 15.8(1), the employer shall, within 14 days after the receipt of the police report of the accident, submit a copy of that report to the Head of Compliance and Enforcement.

Annual Report

  •  (1) Every employer shall, not later than March 1 in each year, submit to the Head of Compliance and Enforcement a written report setting out the number of accidents, occupational diseases and other hazardous occurrences of which the employer is aware affecting any employee in the course of employment during the 12 month period ending on December 31 of the preceding year.

  • (2) The report shall be in the form set out in Schedule II to this Part, contain the information required by that form and be accompanied by a copy of any report made in accordance with subsection 19.8(1).

Retention of Reports and Records

 Every employer shall keep a copy of

  • (a) each report submitted under section 15.9 or subsection 15.10(1) for a period of 10 years following the submission of the report to the Head of Compliance and Enforcement; and

  • (b) the record or report referred to in subsection 15.6(1), 15.7(1) or 15.8(1) for a period of 10 years following the hazardous occurrence.

 
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