Short Title

1 These Regulations may be cited as the Marine Occupational Safety and Health Regulations.

PART IGeneral

Interpretation

1.1 In these Regulations,

Act

Act means Part II of the Canada Labour Code; (Loi)

ANSI

ANSI means the American National Standards Institute; (ANSI)

approved organization

approved organization means the St. John Ambulance, the Canadian Red Cross Society or the Workers’ Compensation Board of British Columbia; (organisme approuvé)

crew accommodation

crew accommodation means living, eating or sleeping quarters provided by an employer for the accommodation of employees on a ship; (logement de l’équipage)

CSA

CSA means the Canadian Standards Association; (CSA)

dangerous substance

dangerous substance[Repealed, SOR/88-198, s. 1]

electrical equipment

electrical equipment means equipment for the generation, distribution or use of electricity; (outillage électrique)

elevating device

elevating device means an escalator, elevator or other device for moving passengers or freight; (appareil de levage)

first aid certificate

first aid certificate means the certificate issued by or with the authority of an approved organization for successful completion of a first aid course that covers the information set out in the St. John Ambulance publication, First Aid, Safety Oriented, dated 1983; (certificat de secourisme)

marine chemist

marine chemist means a qualified person who

• (a) is a graduate of a post-secondary educational institute who

  • (i) has successfully completed courses in chemical engineering,

  • (ii) has successfully completed a general course with a major in chemistry, or

  • (iii) has obtained a fellowship in the Chemical Institute of Canada; and

• (b) has at least three years experience in chemical or engineering work after he has satisfied the requirements of paragraph (a), of which 150 working hours were spent under proper supervision in ship board work involving the testing of tank vessels and other vessels in the application of gas hazard control standards; (chimiste de la marine)

oxygen deficient atmosphere

oxygen deficient atmosphere means an atmosphere in which there is less than 18 per cent by volume of oxygen at a pressure of one atmosphere or in which the partial pressure of oxygen is less than 135 mm Hg; (air à faible teneur en oxygène)

protection equipment

protection equipment means safety materials, equipment, devices and clothing; (équipement de protection)

qualified person

qualified person means, in respect of a specified duty, a person who, because of his knowledge, training and experience, is qualified to perform that duty safely and properly; (personne qualifiée)

register tonnage

register tonnage means

• (a) in respect of a ship that is registered in Canada, the register tonnage shown on the ship’s certificate of registry, and

• (b) in respect of an uncommissioned ship of Her Majesty in right of Canada and any other ship that is not registered in Canada, the register tonnage that the ship would have if it were registered in Canada; (jauge au registre)

sanitary accommodation

sanitary accommodation means a room that contains a water closet or a urinal. (cabinet de toilette)

Prescription

1.2 These Regulations are prescribed for the purposes of sections 125, 125.1, 125.2 and 126 of the Act.

Application

1.3 These Regulations apply in respect of

• (a) employees employed on ships registered in Canada;

• (b) employees employed on uncommissioned ships of Her Majesty in right of Canada; and

• (c) employees employed in the loading or unloading of ships.

Records and Reports

1.4 Where an employer is required to keep and maintain a record, report or other document referred to in section 125 or 125.1 of the Act, the employer shall keep and maintain the record, report or other document in such a manner that it is readily available for examination by a safety officer and by the safety and health committee or the safety and health representative, if either exists, for the ship to which it applies.

Inconsistent Provisions

1.5 In the event of an inconsistency between any standard incorporated by reference in these Regulations and any other provision of these Regulations, that other provision of these Regulations shall prevail to the extent of the inconsistency.

1.6 Notwithstanding any provision in any standard incorporated by reference in these Regulations, a reference to another publication in that standard is a reference to the publication as it read on April 2, 1987.

PART IITemporary Structures

Interpretation

2.1 In this Part, stage means a working platform supported from above. (plate-forme suspendue)

Application

2.2 This Part applies to access ladders, portable ladders, gangways, stages and scaffolds.

General

2.3 No employee shall use a temporary structure on a ship where it is reasonably practicable to use a permanent structure.

2.4 [Repealed, SOR/95-74, s. 8]

2.5 Tools, equipment and materials used on a temporary structure shall be arranged or secured in such a manner that they cannot be knocked off the structure accidentally.

2.6 No employee shall use a temporary structure unless

• (a) he has authority from his employer to use it; and

• (b) he has been trained and instructed in its safe and proper use.

• 2.7 (1) Before a temporary structure is used by an employee, a qualified person shall make a visual inspection of it.

• (2) Where an inspection made in accordance with subsection (1) reveals a defect or condition that adversely affects the structural integrity of a temporary structure, no employee shall use the temporary structure until the defect or condition is remedied.

Access Ladders and Gangways

• 2.8 (1) Every ship that is secured alongside a wharf or another ship shall be fitted with at least one access ladder or gangway between the ship and the wharf or other ship.

• (2) Where an access ladder or gangway leads to a location on board a ship that is more than 1 m above the deck, access to the deck shall be provided by means of steps.

• (3) Where a bulwark ladder is used to provide access to the deck of a ship, it shall be

  • (a) firmly secured to the bulwark to prevent shifting, slipping or pivoting of the bulwark ladder; and

  • (b) equipped with two handhold stanchions that are

    • (i) not less than 40 mm in diameter,

    • (ii) extended not less than 1.2 m above the top of the bulwark,

    • (iii) fitted not less than 700 mm and not more than 800 mm apart at the point of boarding or disembarking from the ship, and

    • (iv) firmly secured to the ship’s structure at or near the base of the ladder and at a higher point.

• (4) Every access ladder and gangway shall be

  • (a) maintained in a safe condition;

  • (b) suitably rigged and maintained to compensate for the movement of the ship;

  • (c) adequately lighted; and

  • (d) provided with a lifebuoy that has an attached line and is strategically placed and ready for immediate use.

• (5) Where an access ladder or gangway is being used by a person to board or disembark from a ship, at least one end of the ladder or gangway shall be fastened securely and, if necessary to minimize movement of the ladder or gangway, an employee, other than an employee engaged in manoeuvring the ship, shall be stationed at the ladder or gangway to assist the person using it.

• 2.9 (1) A safety net shall be fitted under every part of an access ladder or gangway except where

  • (a) the ladder or gangway and the approaches thereto are constructed in a manner that makes the fitting of a safety net unnecessary; or

  • (b) the fitting of a safety net is not practicable.

• (2) Every safety net referred to in subsection (1) shall

  • (a) extend on both sides of the access ladder or gangway for a distance of 1.8 m;

  • (b) be kept taut at all times; and

  • (c) meet the standards referred to in subsection 2.15(2).

2.10 Where a platform is provided at the bottom of an access ladder or gangway, the platform shall be flat and horizontal.

• 2.11 (1) Every Jacob’s ladder shall be of sufficient length to reach the intended landing point.

• (2) The means of attaching a Jacob’s ladder to a ship shall be effective and maintained in a safe condition.

Scaffolds

• 2.12 (1) The erection, use, dismantling and removal of a scaffold shall be carried out by or under the supervision of a qualified person.

• (2) Where a scaffold is erected on an uneven surface, it shall be provided with base plates that maintain its stability.

• (3) Every scaffold shall be capable of supporting at least four times the load that is likely to be imposed on it.

• (4) Every scaffold shall

  • (a) have a platform that is at least 500 mm wide and securely fastened in place;

  • (b) have an even and horizontal working surface; and

  • (c) be fitted with guardrails except on the side where the work to be performed would be hindered by the guardrail.

• (5) Every guardrail shall consist of

  • (a) a horizontal top rail not less than 900 mm and not more than 1 100 mm above the base of the guardrail;

  • (b) a horizontal intermediate rail spaced midway between the top rail and the base of the guardrail; and

  • (c) supporting posts spaced not more than 3 m apart at their centres.

• (6) Every guardrail shall be designed to withstand a static load of 890 N applied in any direction at any point on the top rail.

Stages

• 2.13 (1) The erection, use, dismantling and removal of a stage shall be carried out by or under the supervision of a qualified person.

• (2) Every stage shall

  • (a) have a flat and horizontal working surface capable of supporting any load that is likely to be imposed on it;

  • (b) be fitted with an effective means for holding the stage away from the working area; and

  • (c) where the stage is to be used at a height of more than 3 m, be fitted with guard lines.

• (3) The supporting structure and the ropes or tackle supporting a stage shall have a safety factor of not less than six.

Ladders

• 2.14 (1) Commercially manufactured portable ladders shall meet the standards set out in CSA Standard CAN3-Z11-M81, Portable Ladders, the English version of which is dated September, 1981, as amended to March, 1983 and the French version of which is dated August, 1982, as amended to June, 1983.

• (2) Subject to subsection (3), every portable ladder shall, while being used,

  • (a) be placed on a firm footing; and

  • (b) be secured in such a manner that it cannot be dislodged accidentally from its position.

• (3) Every ladder, whether portable or permanently secured, shall be positioned in such a manner that it is not necessary for a person to use the underside of the ladder.

• (4) Where a ladder provides access from one level to another,

  • (a) the ladder shall extend, where practicable, at least three rungs above the higher level; or

  • (b) where it is not practicable to comply with paragraph (a), handholds shall be provided.

• (5) No metal or wire-bound portable ladder shall be used where there is a hazard that it may come into contact with any live electrical circuit or electrical equipment.

• (6) No employee shall work from any of the three top rungs of any single or extension portable ladder or from either of the two top steps of any step ladder.

• (7) No non-metallic portable ladder shall be painted.

Safety Nets

• 2.15 (1) Where there is a hazard that tools, equipment or materials may fall onto or from a temporary structure, the employer shall provide a protective structure or a safety net to protect from injury any employee on or below the temporary structure.

• (2) The design, construction and installation of a safety net referred to in subsection (1) shall meet the standards set out in ANSI Standard ANSI A10.11-1979, American National Standard for Safety Nets Used During Construction, Repair and Demolition Operations, dated August 7, 1979.

Housekeeping

2.16 Every platform, handrail, guardrail and work area on a temporary structure used by an employee shall be kept free of accumulations of ice and snow while the temporary structure is in use.

2.17 The working surface of a temporary structure used by an employee shall, where reasonably practicable, be kept free of grease, oil or other slippery substance and of any material or object that may cause an employee to trip.

PART IIIElevating Devices

Standards

• 3.1 (1) Every elevating device and every safety device attached thereto shall

  • (a) meet the standards set out in the applicable CSA standard referred to in subsection (2) in so far as is reasonably practicable; and

  • (b) be used, operated and maintained in accordance with the standards set out in the applicable CSA standard referred to in subsection (2).

• (2) For the purposes of subsection (1), the applicable CSA standard for

  • (a) elevators, dumbwaiters and escalators is CSA Standard CAN/CSA-B44-M90, Safety Code for Elevators, the English version of which is dated May 1990 and the French version of which is dated December 1990, and Supplement No. 1, the English version of which is dated March 1992 and the French version of which is dated December 1992, other than clause 9.1.4 of that standard; and

  • (b) manlifts is CSA Standard B311-M1979, Safety Code for Manlifts, the English version of which is dated October 1979 and the French version of which is dated July 1984, and CSA Standard B311S1-1984, the English version of which is dated June 1984 and the French version of which is dated August 1984.

Use and Operation

3.2 No elevating device on a ship shall be used or operated

• (a) with a load in excess of the load that it was designed and installed to move safely; or

• (b) when the roll of the ship exceeds the maximum roll for the safe operation of the elevating device recommended by the manufacturer.

• 3.3 (1) Subject to subsection (3), no elevating device shall be used or placed in service while any safety device attached thereto is inoperative.

• (2) Subject to subsection (3), no safety device attached to an elevating device shall be altered, interfered with or rendered inoperative.

• (3) Subsections (1) and (2) do not apply to an elevating device or a safety device that is being inspected, tested, repaired or maintained by a qualified person.

Inspection and Testing

• 3.4  Every elevating device and every safety device attached thereto shall be inspected and tested by a qualified person to determine that the prescribed standards are met

  • (a) before the elevating device and the safety device attached thereto are placed in service;

  • (b) after an alteration to the elevating device or a safety device attached thereto; and

  • (c) once every 12 months.

• 3.5 (1) A record of each inspection and test made in accordance with section 3.4 shall

  • (a) be made and signed by the qualified person who made the inspection and test;

  • (b) include the date of the inspection and test and the identification and location of the elevating device and safety device that were inspected and tested; and

  • (c) set out the observations of the qualified person inspecting and testing the elevating device and safety device on the safety of the devices.

• (2) Every record referred to in subsection (1) shall be kept by the employer on the ship in which the elevating device is located for two years after the date on which it is signed in accordance with paragraph (1)(a).

Repair and Maintenance

3.6 Repair and maintenance of elevating devices or safety devices attached thereto shall be performed by a qualified person appointed by the employer.

PART IVLevels of Lighting

Application

4.1 This Part does not apply to

• (a) a ship of less than 500 tons register tonnage;

• (b) the bridge of a ship; and

• (c) the exterior deck of a ship.

Measurement of Average Levels of Lighting

• 4.2 (1) For the purposes of this Part, the average level of lighting in an area shall be determined by making four or more measurements at different places in the area

  • (a) where work is performed at a level higher than the deck, at the level at which the work is performed, and

  • (b) in any other case, 1 m above the deck,

  and dividing the aggregate of the results of the measurements by the number of the measurements.

• (2) Where the average level of lighting is measured in a dry provision storage room, it shall be measured when the room is empty.

Minimum Average Levels of Lighting

4.3 The average level of lighting for a type of work or area referred to in Column I of an item of the schedule to this Part shall be not less than the average level set out in Column II of that item.

Emergency Lighting Systems

• 4.4 (1) Every ship shall be equipped with an emergency lighting system that

  • (a) operates automatically in the event of a failure of the lighting system; and

  • (b) provides an average level of lighting of 3 dalx.

• (2) Subsection (1) does not apply to

  • (a) the deck of a ship; and

  • (b) the cargo space of a ship.

Minimum Levels of Lighting

4.5 The level of lighting at any place in an area shall be not less than one third of the average level of lighting prescribed by this Part for the area.

PART VLevels of Sound

Interpretation

5.1 In this Part, sound level meter means an instrument for measuring levels of sound and impulse sound that meets the standards set out in ANSI Standard ANSI SI.4-1983, Specification for Sound Level Meters, dated February 17, 1983 and is referred to in that Standard as type 0, 1 or 2. (sonomètre)

Application

5.2 This Part does not apply to a ship of less than 300 tons register tonnage.

Levels of Sound

• 5.3 (1) Subject to subsections (2) and (3) and sections 5.4 and 5.5, the level of sound in a work place shall be less than 85 dB.

• (2) Subject to subsection (3), where it is not reasonably practicable for an employer to maintain the level of sound in the work place at less than 85 dB, no employee shall be exposed in any 24 hour period

  • (a) to a level of sound referred to in Column I of an item of the schedule to this Part for a number of hours exceeding the number set out in Column II of that item; or

  • (b) to a number of different levels of sound referred to in Column I of an item of the schedule to this Part, where the sum of the following quotients exceeds one:

    • (i) the number of hours of exposure to each level of sound

    divided by

    • (ii) the maximum number of hours of exposure per 24 hour period set out in Column II of that item.

• (3) Where it is not reasonably practicable for an employer to maintain the exposure of an employee to a level of sound at or below the levels referred to in subsection (1) or (2), the employer shall

  • (a) make a report in writing to the regional safety officer at the nearest regional ship safety office of the Canadian Coast Guard setting out the reasons why the exposure cannot be so maintained; and

  • (b) provide every employee entering the work place with a hearing protector that

    • (i) meets the standards set out in CSA Standard Z94.2-M1984, Hearing Protectors, the English version of which is dated June, 1984 and the French version of which is dated February, 1985, and

    • (ii) reduces the level of sound reaching the employee’s ears to less than 85 dB.

5.4 No employee shall be exposed to a level of sound in crew accommodation that exceeds 75 dB.

5.5 Where the level of impulse sound in a work place exceeds 140 dB, the employer shall provide every employee entering the work place with a hearing protector that

• (a) meets the standards set out in CSA Standard Z94.2-M1984, Hearing Protectors, the English version of which is dated June, 1984 and the French version of which is dated February, 1985; and

• (b) reduces the peak level of impulse sound reaching the employee’s ears to 140 dB or less.

Sound Level Measurement

5.6 The levels of sound referred to in sections 5.3 and 5.4 shall be measured by using the slow exponential-time-averaging characteristic and the A-weighting characteristic of a sound level meter.

5.7 The level of impulse sound referred to in section 5.5 shall be measured by using the impulse exponential-time-averaging characteristic of a sound level meter.

Warning Signs

5.8 In a work place where the level of sound is 85 dB or more or where the peak level of impulse sound exceeds 140 dB, the employer shall post signs warning persons entering the work place

• (a) that there is a hazardous level of sound or impulse sound in the work place;

• (b) if applicable, of the maximum number of hours of exposure determined under subsection 5.3(2); and

• (c) if applicable, of the requirement to wear a hearing protector.

PART VIElectrical Safety

Interpretation

6.1 In this Part, “control device” means a device that will safely disconnect electrical equipment from its source of energy. (dispositif de commande)

Safety Procedures

• 6.2 (1) All testing or work performed on electrical equipment shall be performed by a qualified person or an employee under the direct supervision of a qualified person.

• (2) Where there is a possibility that the qualified person or the employee referred to in subsection (1) may receive a hazardous electrical shock during the performance of his testing or work,

  • (a) the qualified person or the employee shall use such insulated protection equipment and tools as will protect him from injury; and

  • (b) the employee shall be instructed and trained in the use of the insulated protection equipment and tools.

• 6.3 (1) Where electrical equipment is live or may become live, no employee shall work on the equipment unless

  • (a) the employer has instructed the employee in procedures that are safe for work on live conductors;

  • (b) a safety ground is connected to the equipment; or

  • (c) the equipment is isolated.

• (2) Subject to subsection (3), where an employee is working on or near electrical equipment that is live or may become live, the electrical equipment shall be guarded.

• (3) Where it is not practicable for electrical equipment referred to in subsection (2) to be guarded, the employer shall take measures to protect the employee from injury by insulating the equipment from the employee or the employee from ground.

Safety Watcher

• 6.4 (1) Where an employee is working on or near live electrical equipment and, because of the nature of the work or the condition or location of the work place, it is necessary for the safety of the employee that the work be observed by a person not engaged in the work, the employer shall appoint a safety watcher

  • (a) to warn all employees in the work place of the hazard; and

  • (b) to ensure that all safety precautions and procedures are complied with.

• (2) A safety watcher shall be

  • (a) informed of his duties as a safety watcher and of the hazard involved in the work;

  • (b) trained and instructed in the procedures to follow in the event of an emergency;

  • (c) authorized to stop immediately any part of the work that he considers dangerous; and

  • (d) free of any other duties that might interfere with his duties as a safety watcher.

• (3) For the purposes of subsection (1), an employer may appoint himself as a safety watcher.

Coordination of Work

6.5 Where an employee is working on or in connection with electrical equipment, that employee and every other person who is so working, including every safety watcher, shall be fully informed by the employer with respect to the safe coordination of their work.

Switches and Control Devices

• 6.6 (1) Every control device shall be so designed and located as to permit quick and safe operation at all times.

• (2) The path of access to every electrical switch, control device or meter shall be free from obstruction.

• (3) Where an electrical switch or other control device controlling the supply of electrical energy to electrical equipment is operated only by a person authorized to do so by the employer, the switch or control device shall be fitted with a locking device that only the authorized person can activate.

• (4) Control switches for all electrically operated machinery shall be clearly marked to indicate the switch positions.

Defective Electrical Equipment

6.7 Defective electrical equipment shall be disconnected from its power source by a means other than the control switch and notices shall be placed on the equipment and at the control switch to indicate that the equipment is defective.

Electrical Fuses

• 6.8 (1) Electrical fuses shall be of the correct ampere rating and fault capacity rating for the circuit in which they are installed.

• (2) No employee shall replace missing or burnt-out fuses unless authorized to do so by a qualified person.

Power Supply Cables

• 6.9 (1) Power supply cables for portable electrical equipment shall be placed clear of areas used for vehicles unless the cables are protected by guards.

• (2) A three wire power supply cable on electrical equipment or appliances shall not be altered or changed for the purpose of using the equipment or appliances on a two wire power supply.

Grounded Electrical Equipment

6.10 Grounded electrical equipment and appliances shall be used only when connected to a matching grounded electrical outlet receptacle.

PART VIISanitation

Interpretation

7.1 In this Part,

ARI

ARI means the Air-Conditioning and Refrigeration Institute of the United States; (ARI)

day ship

day ship means a ship on board which employees are not required to sleep; (navire de jour)

personal service room

personal service room means a change room, sanitary accommodation, shower room, dining area, crew accommodation or a combination thereof. (local réservé aux soins personnels)

General

• 7.2 (1) Every employer shall maintain each personal service room and galley used by employees in a clean and sanitary condition.

• (2) Where a ship is at sea, an inspection shall be made once a week of

  • (a) the supplies of food and water on the ship;

  • (b) all spaces and equipment used for the storage and handling of food; and

  • (c) the galley and equipment used for the preparation and service of food.

• (3) A record of each inspection made in accordance with subsection (2) shall be kept by the employer on the ship to which it applies for a period of two years after the inspection is made.

7.3 Personal service rooms and food preparation areas shall be so used by employees that the rooms or areas remain as clean and in as sanitary a condition as is possible.

7.4 All cleaning and sweeping that may cause dusty or unsanitary conditions shall be carried out in a manner that will prevent the contamination of the air by dust or other substances injurious to health.

7.5 Each personal service room shall be cleaned at least once every day that it is used.

7.6 Where an interior deck on a ship is normally wet and employees on the ship do not use non-slip waterproof footwear, the deck shall be covered with a dry false floor or platform or treated with a non-slip material or substance.

7.7 Each container that is used for solid or liquid waste in the work place shall

• (a) be equipped with a tight-fitting cover;

• (b) be so constructed that it can easily be cleaned and maintained in a sanitary condition;

• (c) be leak-proof; and

• (d) where there may be internal pressure in the container, be so designed that the pressure is relieved by controlled ventilation.

• 7.8 (1) Each enclosed part of a work place, each personal service room and each galley shall be constructed, equipped and maintained in a manner that will prevent the entrance of vermin.

• (2) Where vermin have entered any enclosed part of a work place, personal service room or galley, the employer shall immediately take all steps necessary to eliminate the vermin and prevent the re-entry of the vermin.

7.9 No person shall use a personal service room for the purpose of storing equipment unless a closet fitted with a door is provided in that room for that purpose.

7.10 In each personal service room and galley, the temperature, measured one metre above the deck in the centre of the room or galley, shall be maintained at a level of not less than 18° C and, where reasonably practicable, not more than 29° C.

• 7.11 (1) In each personal service room and galley, the decks, partitions and bulkheads shall be so constructed that they can be easily washed and maintained in a sanitary condition.

• (2) The deck and lower 150 mm of any partition or bulkhead that is in contact with the deck in a galley or sanitary accommodation shall be water-tight and impervious to moisture.

Sanitary Accommodation

7.12 Every ship, other than a day ship, shall be provided with at least one water closet.

• 7.13 (1) Where separate sanitary accommodations are provided for employees of each sex, each sanitary accommodation shall be equipped with a door that is self-closing and is clearly marked to indicate the sex of the employees for whom the sanitary accommodation is provided.

• (2) Where male and female employees use the same sanitary accommodation, the door of the sanitary accommodation shall be fitted with an inside locking device.

7.14 A sanitary accommodation shall be located

• (a) not more than one deck above or below each work place; and

• (b) except in the case of a day ship, close to the sleeping quarters of the employee for whom the sanitary accommodation is provided.

• 7.15 (1) Subject to subsection (2), every sanitary accommodation shall be so designed that

  • (a) it is completely enclosed by bulkheads that are non-transparent from the outside;

  • (b) there is no direct access into the sanitary accommodation from a sleeping room, dining area or galley;

  • (c) where reasonably practicable, there is a direct access into the sanitary accommodation from a passageway; and

  • (d) if it contains more than one water closet, each water closet is enclosed in a separate compartment fitted with a door and an inside locking device.

• (2) Where a sanitary accommodation is provided as part of private crew accommodation, there may be direct access thereto from the sleeping quarters for which the sanitary accommodation is provided.

7.16 Toilet paper on a holder or in a dispenser shall be provided

• (a) where there is only one water closet in a sanitary accommodation, in that sanitary accommodation; and

• (b) in each water closet compartment.

7.17 Every water closet on a ship shall have

• (a) a bowl of vitreous china or other suitable material;

• (b) a hinged seat;

• (c) a trap constructed in such a manner that it is easily cleaned;

• (d) an adequate flush of water; and

• (e) a soil pipe of adequate size that is constructed in a manner that

  • (i) facilitates cleaning, and

  • (ii) minimizes the risk of obstruction.

7.18 In every sanitary accommodation, the employer shall provide

• (a) soap or other cleaning agent at each washbasin or between adjoining washbasins;

• (b) sufficient sanitary hand drying facilities to serve the number of employees using the sanitary accommodation; and

• (c) a non-combustible container for the disposal of used towels where towels are provided.

Wash Basins

7.19 Every ship shall be equipped with at least one washbasin.

• 7.20 (1) Subject to subsection (3), every employer shall provide for each sanitary accommodation washbasins supplied through taps with hot and cold water as follows:

  • (a) where the room contains one or two water closets or urinals, one washbasin; and

  • (b) where the room contains more than two water closets or urinals, one washbasin plus one washbasin for every two water closets or urinals.

• (2) Every tap referred to in subsection (1) shall be clearly marked to indicate whether the water supply is hot or cold.

• (3) On day ships, hot water need not be supplied to washbasins through taps.

7.21 Every washbasin on a ship shall be made of vitreous china, vitreous enamelled iron or other material having a smooth and impervious surface that is not likely to crack, flake or become corroded.

7.22 Where the health of employees working in a work place is likely to be endangered by skin contact with a hazardous substance, the employer shall provide a wash area with washbasins supplied with hot and cold water.

Showers

• 7.23 (1) A shower for every 10 employees or portion of that number shall be provided on every ship other than a day ship.

• (2) Every shower shall be provided with

  • (a) hot and cold water; and

  • (b) soap or other cleaning agent.

• (3) Where duck-boards are used in showers, they shall not be made of wood.

Water

• 7.24 (1) Every employer shall provide employees with potable water for drinking and food preparation that meets the standards set out in the Guidelines for Canadian Drinking Water Quality, 1978, as amended in March 1990, published under the authority of the Minister of National Health and Welfare.

• (2) Potable water for drinking shall be available at all times for the use of employees.

• 7.25 (1) Every ship of 300 tons register tonnage or more that is not a day ship shall be capable of providing a supply of water that is available for all washbasins, bathtubs and showers and is sufficient to provide at least 68 L of water for each employee on the ship for each day he spends on the ship.

• (2) Where a ship is a day ship, the supply of water shall be sufficient to provide at least 22.7 L of water for each employee on the ship for each day the employee spends on the ship.

7.26 Where it is necessary to transport water for drinking, personal washing or food preparation, only sanitary portable water containers shall be used.

7.27 Where a portable storage container for drinking water is used,

• (a) the container shall be securely covered and closed;

• (b) the container shall be used only for the purpose of storing potable water;

• (c) the container shall not be stored in a sanitary accommodation; and

• (d) the water shall be drawn from the container by

  • (i) a tap,

  • (ii) a ladle used only for the purpose of drawing water from the container, or

  • (iii) any other means that precludes the contamination of the water.

7.28 Except where drinking water is supplied by a drinking fountain, sanitary single-use drinking cups shall be provided.

7.29 Any ice that is added to drinking water or used for the contact refrigeration of foodstuffs shall be

• (a) made from potable water; and

• (b) so stored and handled as to prevent contamination.

7.30 Where drinking water is supplied by a drinking fountain, the fountain shall meet the standards set out in ARI Standard 1010-82, Standard for Drinking-Fountains and Self-Contained, Mechanically-Refrigerated Drinking-Water Coolers, dated 1982.

Preparation, Handling, Storage and Serving of Food

• 7.31 (1) Each food handler shall be instructed and trained in food handling practices that prevent the contamination of food.

• (2) No person who is suffering from a communicable disease shall work as a food handler.

7.32 Where food is served in a work place, the employer shall adopt and implement Section G of the Sanitation Code for Canada’s Foodservice Industry, published by the Canadian Restaurant and Foodservices Association and dated September, 1984, other than items 2 and 11 thereof.

• 7.33 (1) Foods that require refrigeration to prevent them from becoming hazardous to health shall be maintained at a temperature of 4° C or lower.

• (2) Foods that require freezing to prevent them from becoming hazardous to health shall be maintained at a temperature of -11° C or lower.

7.34 All equipment and utensils that come into contact with food shall be

• (a) designed to be easily cleaned;

• (b) smooth, free from cracks, crevices, pitting or unnecessary indentations; and

• (c) cleaned and stored to maintain their surfaces in a sanitary condition.

7.35 No person shall eat, prepare or store food in

• (a) a place where a hazardous substance may contaminate food, dishes or utensils;

• (b) a personal service room that contains a water closet, urinal or shower; or

• (c) any other place where food is likely to be contaminated.

Food Waste and Garbage

• 7.36 (1) No food waste or garbage shall be stored in a galley.

• (2) Food waste and garbage shall be handled and removed from a galley or dining area in accordance with subsections (3) and (4).

• (3) Garbage shall be held in leak-proof, non-absorptive, easily-cleaned containers with tight-fitting covers.

• (4) Dry food waste and garbage shall be removed or incinerated.

• (5) Food waste and garbage containers shall be kept covered and the food waste and garbage removed as frequently as is necessary to prevent unsanitary conditions.

• (6) Food waste and garbage containers shall, each time they are emptied, be cleansed and disinfected in an area separate from the galley.

Galleys and Dining Areas

7.37 Every dining area provided by the employer shall be

• (a) of sufficient size to allow individual seating and table space for each employee using the area;

• (b) provided with non-combustible covered receptacles for the disposal of food waste or garbage; and

• (c) separated from any place where a hazardous substance may contaminate food, dishes or utensils.

7.38 Where no galley is provided on a day ship and any employee is required to eat on board, a hot plate or range, a refrigerator or cooler and dishwashing facilities shall be provided on board.

Crew Accommodation

7.39 In each crew accommodation,

• (a) a separate bed or bunk that is not part of a unit that is more than double-tiered and is so constructed that it can be easily cleaned and disinfected shall be provided for each employee;

• (b) mattresses, pillows, sheets, pillow cases, blankets and bed covers shall be kept in a clean and sanitary condition; and

• (c) at least one shelf and a locker fitted with a locking device shall be provided for each employee.

PART VIIIHazardous Substances

Interpretation

8.1 In this Part,

hazard information

hazard information means, in respect of a hazardous substance, information on the proper and safe storage, handling and use of the hazardous substance, including information relating to its toxicological properties; (renseignements sur les dangers)

medical practitioner

medical practitioner[Repealed, SOR/88-198, s. 4]

lower explosive limit

lower explosive limit means the lower limit of flammability of a chemical agent or a combination of chemical agents at ambient temperature and pressure, expressed

• (a) for a gas or vapour, as a percentage in air by volume, and

• (b) for dust, as the weight of dust per volume of air. (limite explosive inférieure)

product identifier

product identifier means, in respect of a hazardous substance, the brand name, code name or code number specified by the supplier or employer or the chemical name, common name, generic name or trade name; (identificateur du produit)

supplier

supplier means a person who is a manufacturer, processor or packager of a hazardous substance or a person who, in the course of business, imports or sells a hazardous substance. (fournisseur)

Application

8.2 This Part does not apply to the transportation or handling of dangerous goods to which the Transportation of Dangerous Goods Act and the regulations made thereunder apply.

DIVISION IGENERAL

Hazard Investigation

• 8.3 (1) Where there is a likelihood that the safety or health of an employee in a work place is or may be endangered by exposure to a hazardous substance, the employer shall, without delay,

  • (a) appoint a marine chemist or other qualified person to carry out an investigation; and

  • (b) notify the safety and health committee or the safety and health representative, if either exists, of the proposed investigation and of the name of the marine chemist or other qualified person appointed to carry out that investigation.

• (2) In the investigation referred to in subsection (1), the following criteria shall be taken into consideration:

  • (a) the chemical, biological and physical properties of the hazardous substance;

  • (b) the routes of exposure to the hazardous substance;

  • (c) the effects on health of exposure to the hazardous substance;

  • (d) the state, concentration and quantity of the hazardous substance handled;

  • (e) the manner in which the hazardous substance is handled;

  • (f) the control methods used to eliminate or reduce exposure to the hazardous substance;

  • (g) the value, level or percentage of the hazardous substance to which an employee is likely to be exposed; and

  • (h) whether the value, level or percentage referred to in paragraph (g) is likely to

    • (i) exceed that prescribed in section 8.22 or 8.23 or Part V, or

    • (ii) be less than that prescribed in Part IV.

8.4 On completion of the investigation referred to in subsection 8.3(1) and after consultation with the safety and health committee or the safety and health representative, if either exists, the marine chemist or other qualified person shall set out in a written report signed by that person

• (a) the person’s observations respecting the criteria considered in accordance with subsection 8.3(2); and

• (b) the person’s recommendations respecting the manner of compliance with sections 8.6 to 8.25.

8.5 The report referred to in section 8.4 shall be kept by the employer on the ship to which it applies for two years after the date on which the marine chemist or other qualified person signed the report.

Substitution of Substances

• 8.6 (1) No person shall use a hazardous substance for any purpose in a work place where it is reasonably practicable to substitute therefor a substance that is not a hazardous substance.

• (2) Where a hazardous substance is to be used for any purpose in a work place and an equivalent substance that is less hazardous is available to be used for that purpose, the equivalent substance shall be substituted for the hazardous substance where reasonably practicable.

Ventilation

8.7 Every ventilation system used to control the concentration of an airborne hazardous substance shall be so designed, constructed and installed that

• (a) where the airborne hazardous substance is a chemical agent, the concentration of the airborne hazardous substance does not exceed the values and percentages prescribed in sections 8.22 and 8.23; and

• (b) where the airborne hazardous substance is not a chemical agent, the concentration of the airborne hazardous substance is not hazardous to the safety or health of employees.

Warnings

8.8 Where reasonably practicable, automated warning and detection systems shall be provided by the employer where the seriousness of any exposure to a hazardous substance so requires.

Storage, Handling and Use

8.9 Every hazardous substance stored, handled or used in a work place shall be stored, handled or used in a manner whereby the hazard related to that substance is reduced to a minimum.

8.10 Subject to section 8.13, where a hazardous substance is stored, handled or used in a work place, any hazard resulting from that storage, handling or use shall be confined to as small an area as practicable.

8.11 Every container for a hazardous substance that is used in a work place shall be so designed and constructed that it protects the employees from any safety or health hazard that is created by the hazardous substance.

8.12 The quantity of a hazardous substance used or processed in a work place shall, to the extent that is practicable, be kept to a minimum.

8.13 Where, in a work place, a hazardous substance is capable of combining with another substance to form an ignitable combination and a hazard of ignition of the combination by static electricity exists, the employer shall adopt and implement the standards set out in the United States National Fire Prevention Association Inc. publication NFPA 77-1983, Recommended Practice on Static Electricity, dated 1983.

Warning of Hazardous Substances

8.14 Where a hazardous substance is stored, handled or used in a work place, signs shall be posted in conspicuous places warning every person granted access to the work place of the presence of the hazardous substance and of any precautions to be taken to prevent or reduce any hazard of injury to health.

8.15 and 8.16 [Repealed, SOR/88-198, s. 8]

Assembly of Pipes

8.17 Every assembly of pipes, pipe fittings, valves, safety devices, pumps, compressors and other fixed equipment that is used for transferring a hazardous substance from one location to another shall be

• (a) labelled to identify the hazardous substance transferred therein; and

• (b) fitted with valves and other control and safety devices to ensure its safe operation.

Employee Education

• 8.18 (1) Every employer shall, in consultation with the safety and health committee or the safety and health representative, if either exists, develop and implement an employee education program with respect to hazard prevention and control at the work place.

• (2) The employee education program referred to in subsection (1) shall include

  • (a) the instruction of each employee who handles or is exposed to or is likely to handle or be exposed to a hazardous substance with respect to

    • (i) the product identifier of the hazardous substance,

    • (ii) all hazard information disclosed by the supplier of the hazardous substance or by the employer on a material safety data sheet or label,

    • (iii) all hazard information of which the employer is aware or ought reasonably to be aware,

    • (iv) the observations referred to in paragraph 8.4(a),

    • (v) the information disclosed on the material safety data sheet referred to in section 8.27 and the purpose and significance of that information, and

    • (vi) in respect of controlled products on a ship, the information required to be disclosed on a material safety data sheet and on a label by Division III and the purposes and significance of that information;

  • (b) the instruction and training of each employee who operates, maintains or repairs an assembly of pipes referred to in section 8.17 with respect to

    • (i) every valve and other control and safety device connected to the assembly of pipes, and

    • (ii) the procedures to follow for the proper and safe use of the assembly of pipes;

  • (c) the instruction and training of each employee referred to in paragraphs (a) and (b) with respect to

    • (i) the procedures to follow to implement the provisions of sections 8.9, 8.10 and 8.13, and

    • (ii) the procedures to follow for the safe storage, handling, use and disposal of hazardous substances, including procedures to be followed in an emergency involving a hazardous substance; and

  • (d) where the employer makes a machine-readable version of a material safety data sheet available in accordance with subsection 8.33(2), the training of each employee in accessing that material safety data sheet.

• (3) Every employer shall, in consultation with the safety and health committee or the safety and health representative, if either exists, review the employee education program referred to in subsection (1) and, if necessary, revise it

  • (a) at least once a year;

  • (b) whenever there is a change in conditions in respect of the hazardous substances in the work place; and

  • (c) whenever new hazard information in respect of a hazardous substance in the work place becomes available to the employer.

8.19 [Repealed, SOR/88-198, s. 10]

8.20 A written record of the employee education program referred to in subsection 8.18(1) shall be kept by the employer

• (a) readily available for examination by the employee; and

• (b) for two years after the employee ceases to

  • (i) handle or be exposed to the hazardous substance or be likely to handle or be exposed to the hazardous substance, or

  • (ii) operate, maintain or repair the assembly of pipes.

Medical Examinations

• 8.21 (1) Where the report referred to in section 8.4 contains a recommendation for a medical examination, the employer may consult a physician regarding that recommendation.

• (2) Where the employer

  • (a) consults a physician pursuant to subsection (1) and the physician confirms the recommendation for a medical examination, or

  • (b) does not consult a physician pursuant to subsection (1),

  the employer shall not permit an employee to work with the hazardous substance in the work place until a physician, acceptable to the employee, has examined the employee and declared the employee fit for work with the hazardous substance.

• (3) Where an employer consults a physician pursuant to subsection (1), the employer shall keep a copy of the decision of the physician with the report referred to in section 8.4.

• (4) The cost of a medical examination referred to in subsection (2) shall be borne by the employer.

Control of Hazards

• 8.22 (1) No employee shall be exposed to a concentration of

  • (a) an airborne chemical agent, other than grain dust, in excess of the value for that chemical agent adopted by the American Conference of Governmental Industrial Hygienists in its publication Threshold Limit Values and Biological Exposure Indices for 1986-1987;

  • (b) airborne grain dust, respirable and non-respirable, in excess of 10 mg/m³; or

  • (c) an airborne hazardous substance other than a chemical agent, that is hazardous to the safety and health of the employee.

• (2) Where there is a likelihood that the concentration of an airborne chemical agent may exceed the applicable value referred to in paragraph (1)(a) or (b), the air shall be sampled by a qualified person and the concentration of the chemical agent determined by test in accordance with

  • (a) the standards set out by the American Conference of Governmental Industrial Hygienists in its publication Manual of Analytical Methods Recommended For Sampling and Analysis of Atmospheric Contaminants, dated 1958;

  • (b) the standards set out by the United States National Institute for Occupational Safety and Health in the NIOSH Manual of Analytical Methods, third edition, volumes 1 and 2, dated February, 1984; or

  • (c) a method set out in the United States Federal Register, volume 40, number 33, dated February 18, 1975, as amended by volume 41, number 53, dated March 17, 1976.

• (3) A record of each test made pursuant to subsection (2) shall be kept by the employer on the ship where the concentration was sampled for two years after the date of the test.

• (4) A record referred to in subsection (3) shall include

  • (a) the date, time and location of the test;

  • (b) the chemical agent for which the test was made;

  • (c) the sampling and testing method used;

  • (d) the result obtained; and

  • (e) the name and occupation of the qualified person who made the test.

• 8.23 (1) Subject to subsection (2), the concentration of an airborne chemical agent or combination of airborne chemical agents in a work place shall be less than 50 per cent of the lower explosive limit of the chemical agent or combination of chemical agents.

• (2) Where a source of ignition may ignite the concentration of an airborne chemical agent or combination of airborne chemical agents in a work place, that concentration shall not exceed 10 per cent of the lower explosive limit of the chemical agent or combination of chemical agents.

• 8.24 (1) Compressed air shall be used in such a manner that the air is not directed forcibly against any person.

• (2) Where compressed air is used, its use shall not result in a concentration of a hazardous substance in the atmosphere in excess of the values or levels prescribed in subsection 8.22(1).

Explosives

8.25 All blasting using dynamite, blasting caps or other explosives shall be done by a qualified person.

DIVISION IIHAZARDOUS SUBSTANCES OTHER THAN CONTROLLED PRODUCTS

Identification

8.26 Every container of a hazardous substance, other than a controlled product, that is stored, handled or used on a ship shall be labelled in a manner that discloses clearly

• (a) the name of the substance; and

• (b) the hazardous properties of the substance.

8.27 Where a material safety data sheet pertaining to a hazardous substance, other than a controlled product, that is stored, handled or used on a ship may be obtained from the supplier of the hazardous substance, the employer shall

• (a) obtain a copy of the material safety data sheet; and

• (b) keep a copy of a material safety data sheet readily available in the work place for examination by employees.

DIVISION IIICONTROLLED PRODUCTS

Interpretation

8.28 In this Division,

bulk shipment

bulk shipment means a shipment of a controlled product that is contained, without intermediate containment or intermediate packaging, in

• (a) a tank with a water capacity of more than 454 L,

• (b) a freight container or a portable tank, or

• (c) a road vehicle, railway vehicle or ship; (expédition en vrac)

fugitive emission

fugitive emission means a controlled product in gas, liquid or solid form that escapes from processing equipment, from control emission equipment or from a product; (émission fugitive)

hazardous waste

hazardous waste means a controlled product that is intended solely for disposal or is sold for recycling or recovery; (résidu dangereux)

manufactured article

manufactured article means any article that is formed to a specific shape or design during manufacture, the intended use of which when in that form is dependent in whole or in part on its shape or design, and that, under normal conditions of use, will not release or otherwise cause a person to be exposed to a controlled product; (article manufacturé)

readily available

readily available means present in an appropriate place in a physical copy form that can be handled; (facilement accessible)

supplier label

supplier label means, in respect of a controlled product, a label prepared by a supplier pursuant to the Hazardous Products Act; (étiquette du fournisseur)

supplier material safety data sheet

supplier material safety data sheet means, in respect of a controlled product, a material safety data sheet prepared by a supplier pursuant to the Hazardous Products Act; (fiche signalétique du fournisseur)

work place label

work place label means, in respect of a controlled product, a label prepared by an employer pursuant to this Division; (étiquette du lieu de travail)

work place material safety data sheet

work place material safety data sheet means, in respect of a controlled product, a material safety data sheet prepared by an employer pursuant to subsection 8.32(1). (fiche signalétique du lieu de travail)

Application

• 8.29 (1) This Division does not apply in respect of any

  • (a) employees employed in the loading or unloading of ships not registered in Canada, other than employees employed on uncommissioned ships of Her Majesty in right of Canada;

  • (b) wood or product made of wood;

  • (c) tobacco or product made of tobacco; or

  • (d) manufactured article.

• (2) This Division, other than section 8.42, does not apply in respect of hazardous waste.

Material Safety Data Sheets and Labels in respect of certain Controlled Products

8.30 Subject to section 8.41, every employer shall adopt and implement the provisions of sections 8.26 and 8.27 in respect of a controlled product and may, in so doing, replace the name of the substance with the product identifier, where the controlled product is a controlled product that

• (a) is present on a ship;

• (b) was received from a supplier; and

• (c) is one of the following:

  • (i) an explosive within the meaning of the Explosives Act,

  • (ii) a cosmetic, device, drug or food within the meaning of the Food and Drugs Act,

  • (iii) a control product within the meaning of the Pest Control Products Act,

  • (iv) a prescribed substance within the meaning of the Atomic Energy Control Act,

  • (v) a product, material or substance included in Part II of Schedule I to the Hazardous Products Act that is packaged as a consumer product, and

  • (vi) a controlled product that was received in a foreign port from a supplier in a foreign country for use on the ship.

Supplier Material Safety Data Sheets

• 8.31 (1) Where a controlled product, other than a controlled product referred to in paragraph 8.30(c), is received by an employer on a ship, the employer shall, at the time the controlled product is received, obtain from the supplier of the controlled product a supplier material safety data sheet, unless the employer has in his possession a supplier material safety data sheet that

  • (a) is for a controlled product that has the same product identifier;

  • (b) discloses information that is current at the time that the controlled product is received; and

  • (c) was prepared and dated not more than three years before the date that the controlled product is received.

• (2) Where there is a controlled product on a ship and the supplier material safety data sheet pertaining to the controlled product is three years old, the employer shall, where possible, obtain from the supplier an up-to-date supplier material safety data sheet.

• (3) Where it is not practicable for an employer to obtain an up-to-date supplier material safety data sheet referred to in subsection (2), the employer shall update the hazard information on the most recent supplier material safety data sheet that the employer has received on the basis of the ingredients disclosed in that supplier material safety data sheet.

• (4) Where a controlled product is received in a work place that is a laboratory on a ship, the employer is excepted from the requirements of subsection (1) if the controlled product

  • (a) originates from a laboratory supply house;

  • (b) is intended for use in the laboratory;

  • (c) is packaged in a container in a quantity of less than 10 kg; and

  • (d) is packaged in a container that has applied to it a supplier label.

Work Place Material Safety Data Sheet

• 8.32 (1) Subject to section 8.41, where an employer produces on a ship a controlled product, other than a fugitive emission, the employer shall prepare a work place material safety data sheet in respect of the controlled product that discloses the information required to be disclosed by

  • (a) subparagraphs 125.1(e)(i) to (v) of the Act; and

  • (b) the Controlled Products Regulations.

• (2) Subject to section 8.41, where an employer receives a supplier material safety data sheet, the employer may prepare a work place material safety data sheet to be used on a ship in place of the supplier material safety data sheet if

  • (a) the work place material safety data sheet discloses at least the information disclosed on the supplier material safety data sheet;

  • (b) the information disclosed on the work place material safety data sheet does not disclaim or contradict the information disclosed on the supplier material safety data sheet;

  • (c) the supplier material safety data sheet is available for examination by employees on the ship; and

  • (d) the work place material safety data sheet discloses that the supplier material safety data sheet is available on the ship.

• (3) The employer shall update the work place material safety data sheet referred to in subsection (1) or (2)

  • (a) as soon as is practicable in the circumstances but not later than 90 days after new hazard information becomes available to the employer; and

  • (b) at least once every three years.

• (4) Where the information required to be disclosed by this section is not available to the employer or not applicable to the controlled product, the employer shall replace the information by the words “not available” or “not applicable”, as the case may be, in the English version and the words “pas disponible” or “sans objet”, as the case may be, in the French version of the material safety data sheet.

Availability of Material Safety Data Sheets

• 8.33 (1) Subject to subsection (2), every employer, other than an employer referred to in subsection 8.31(4), shall keep readily available for examination on a ship on which an employee may handle or be exposed to a controlled product a copy in English and in French of

  • (a) in the case of an employer who is an employer referred to in subsection 8.32(1), the work place material safety data sheet; and

  • (b) in any other case, the supplier material safety data sheet.

• (2) In place of keeping a material safety data sheet in the manner required by subsection (1), an employer may make a computerized version of the material safety data sheet available in English and in French for examination by employees and by the safety and health committee or the safety and health representative, if either exists, by means of a computer terminal if the employer

  • (a) takes all reasonable steps to keep the terminal in working order;

  • (b) provides the training referred to in paragraph 8.18(2)(d) to the employees and to the safety and health committee or the safety and health representative, if either exists; and

  • (c) on the request of an employee, the safety and health committee or the safety and health representative, if either exists, makes the material safety data sheet readily available to the employee, the safety and health committee or the safety and health representative.

Labels

• 8.34 (1) Subject to sections 8.36 to 8.38, each controlled product, other than a controlled product referred to in paragraph 8.30(c), on a ship that is intended for use on the ship and each container in which such a controlled product is contained on a ship shall, if the controlled product or the container was received from a supplier, have applied to it a supplier label.

• (2) Subject to sections 8.36 to 8.38 and 8.41, where a controlled product, other than a controlled product referred to in paragraph 8.30(c), is received from a supplier and an employer places the controlled product on a ship in a container, other than the container in which it was received from the supplier, the employer shall apply to the container a supplier label or a work place label that discloses the information referred to in paragraphs 8.40(a) to (c).

• 8.35 (1) Subject to sections 8.36 to 8.38, where an employer produces on a ship a controlled product, other than a fugitive emission, and the controlled product is not in a container, the employer shall disclose the following information on a work place label applied to the controlled product or on a sign posted in a conspicuous place in the work place:

  • (a) the product identifier;

  • (b) hazard information in respect of the controlled product; and

  • (c) a statement indicating that a work place material safety data sheet for the controlled product is available on the ship.

• (2) Subject to sections 8.36 to 8.38, where an employer produces on a ship a controlled product, other than a fugitive emission, and places the controlled product in a container, the employer shall apply a work place label to the container that discloses the information referred to in paragraphs (1)(a) to (c).

• (3) Subject to sections 8.40 and 8.41, no person shall remove, deface, modify or alter the supplier label applied to

  • (a) a controlled product that is on a ship; or

  • (b) a container of a controlled product that is on a ship.

Portable Containers

8.36 Where an employer stores a controlled product on a ship in a container that has applied to it a supplier label or a work place label, a portable container filled from that container does not have to be labelled in accordance with section 8.34 if

• (a) the controlled product is required for immediate use; or

• (b) the following conditions apply in respect of the controlled product:

  • (i) it is under the control of and used exclusively by the employee who filled the portable container,

  • (ii) it is used only during the work shift in which the portable container was filled, and

  • (iii) it is clearly identified by a work place label applied to the portable container that discloses the product identifier.

Special Cases

8.37 An employer shall, in a conspicuous place near a controlled product, post a sign in respect of the controlled product that discloses the product identifier if the controlled product is

• (a) in a process, reaction or storage vessel;

• (b) in a continuous-run container;

• (c) a bulk shipment that is not placed in a container on the ship; or

• (d) not in a container and stored in bulk.

Laboratories

8.38 The label of the container of a controlled product in a laboratory on a ship shall disclose

• (a) where the controlled product is used exclusively in the laboratory, the product identifier;

• (b) where the controlled product is a mixture or substance undergoing an analysis, test or evaluation in the laboratory, the product identifier; and

• (c) where the controlled product originates from a laboratory supply house and was received in a container containing a quantity of less than 10 kg, the following information:

  • (i) the product identifier,

  • (ii) where a material safety data sheet is available, a statement to that effect,

  • (iii) risk phrases that are appropriate to the controlled product,

  • (iv) precautionary measures to be followed when handling, using or being exposed to the controlled product, and

  • (v) where appropriate, first aid measures to be taken in case of exposure to the controlled product.

Signs

8.39 The information disclosed on a sign referred to in subsection 8.35(1), section 8.37 or paragraph 8.42(b) shall be of such a size that it is clearly legible to the employees in the work place.

Replacing Labels

8.40 Where, on a ship, a label applied to a controlled product or a container of a controlled product becomes illegible or is removed from the controlled product or the container, the employer shall replace the label with a work place label that discloses the following information:

• (a) the product identifier;

• (b) hazard information in respect of the controlled product; and

• (c) a statement indicating that a material safety data sheet for the controlled product is available on the ship.

Exemptions from Disclosure

• 8.41 (1) Subject to subsection (2), where an employer has filed a claim for exemption from the requirement to disclose information on a material safety data sheet or on a label pursuant to subsection 11(2) of the Hazardous Materials Information Review Act, the employer shall disclose, in place of the information that the employer is exempt from disclosing,

  • (a) where there is no final disposition of the proceedings in relation to the claim, the date that the claim for exemption was filed and the registry number assigned to the claim under the Hazardous Materials Information Review Act; and

  • (b) where the final disposition of the proceedings in relation to the claim is that the claim is valid, a statement that an exemption has been granted and the date on which the exemption was granted.

• (2) Where a claim for exemption referred to in subsection (1) is in respect of the chemical name, common name, generic name, trade name or brand name of a controlled product, the employer shall, on the material safety data sheet or label of the controlled product, replace that information with a code name or code number specified by the employer as the product identifier for that controlled product.

Hazardous Waste

8.42 Where a controlled product on a ship is hazardous waste, the employer shall clearly identify it as hazardous waste by

• (a) applying a label to the hazardous waste or its container; or

• (b) posting a sign in a conspicuous place near the hazardous waste or its container.

Information Required in a Medical Emergency

8.43 For the purposes of subsection 125.2(1) of the Act, a medical professional is a registered nurse registered or licensed under the laws of a province.

DIVISION IV[Repealed, SOR/95-74, s. 53]

PART IXConfined Spaces

Interpretation

9.1 In this Part,

confined space

confined space means a storage tank, ballast tank, pump room, coffer dam or other enclosure, other than a hold, not designed or intended for human occupancy, except for the purpose of performing work,

• (a) that has poor ventilation,

• (b) in which there may be an oxygen deficient atmosphere, or

• (c) in which there may be an airborne hazardous substance; (espace clos)

hot work

hot work means welding, burning, rivetting, drilling, grinding, chipping or any other work where flame is used or sparks are produced; (travail à chaud)

locked out

locked out means, in respect of any equipment, machine or device, that the equipment, machine or device has been rendered inoperative and cannot be operated or energized without the consent of the person who rendered it inoperative. (verrouillé)

General

• 9.2 (1) Where a person is about to enter a confined space on a ship, the employer shall appoint a marine chemist or other qualified person to verify by tests that

  • (a) the concentration of any chemical agent in the confined space

    • (i) to which the person is likely to be exposed does not exceed the value or level referred to in subsection 8.22(1), and

    • (ii) does not exceed the percentage referred to in subsection 8.23(1);

  • (b) the concentration of airborne hazardous substances, other than chemical agents, in the confined space is not hazardous to the safety or health of the person;

  • (c) the percentage of oxygen in the atmosphere in the confined space is not less than 18 per cent by volume and not more than 23 per cent by volume at normal atmospheric pressure and in any case the partial pressure of oxygen is not less than 135 mm Hg;

  • (d) the value, level or percentage referred to in paragraphs (a) to (c) can be maintained during the period of proposed occupancy of the confined space by the person;

  • (e) any liquid in which a person may drown or any free-flowing solid in which a person may become entrapped has been removed from the confined space;

  • (f) the entry of any liquid, free-flowing solid or hazardous substance into the confined space has been prevented by a secure means of disconnection or the fitting of blank flanges;

  • (g) all electrical equipment and mechanical equipment that presents a hazard to a person entering into, exiting from or occupying the confined space has been disconnected from its power source and locked out; and

  • (h) the opening for entry into and exit from the confined space is sufficient in size to allow safe passage of a person who is using protection equipment.

• (2) The marine chemist or other qualified person referred to in subsection (1) shall, in a written report signed by him,

  • (a) set out

    • (i) the name of the ship on which the confined space is located,

    • (ii) the location of the confined space on the ship,

    • (iii) a record of the results of the tests made in accordance with subsection (1), and

    • (iv) an evaluation of the hazards of the confined space;

  • (b) where the employer has established procedures to be followed by a person entering into, exiting from or occupying the confined space, identify which of those procedures are to be followed;

  • (c) where the employer has not established procedures referred to in paragraph (b), set out the procedures to be followed by the person referred to in that paragraph;

  • (d) identify the protection equipment referred to in Part X that is to be used by every person granted access to the confined space;

  • (e) where the employer has established emergency procedures to be followed in the event of an accident or other emergency in or near the confined space, including immediate evacuation of the confined space when

    • (i) an alarm is activated, or

    • (ii) there is any significant change in the value, level or percentage referred to in subsection (1),

  identify which of the procedures are to be followed;

  • (f) where the employer has not established emergency procedures referred to in paragraph (e), set out emergency procedures to be followed, including immediate evacuation of the confined space in the circumstances referred to in that paragraph; and

  • (g) identify the protection equipment and emergency equipment to be used by an employee who undertakes rescue operations in the event of an accident or other emergency.

• (3) The employer shall provide to each person granted access to the confined space the protection equipment referred to in subsection (2).

• (4) The written report referred to in subsection (2) and any procedures identified therein shall be explained to an employee who is about to enter into the confined space, other than the marine chemist or other qualified person referred to in subsection (1), and the employee shall acknowledge, by signing a dated copy of the report, that he has read the report and that the report and the procedures were explained to him.

• (5) The employee referred to in subsection (4) shall be instructed and trained in

  • (a) the procedures referred to in subsection (2); and

  • (b) the use of the protection equipment referred to in subsection (2).

• (6) Every employee who enters into, exits from or occupies the confined space shall

  • (a) follow the procedures referred to in subsection (2); and

  • (b) use the protection equipment referred to in subsection (2).

9.3 Where conditions in the confined space or the nature of the work to be performed in the confined space are such that subparagraph 9.2(1)(a)(i) or paragraph 9.2(1)(b), (c) or (e) cannot be complied with, the following procedures shall apply:

• (a) a qualified person trained in the procedures referred to in subsection 9.2(2) shall be

  • (i) in attendance outside the confined space,

  • (ii) in communication with the person inside the confined space, and

  • (iii) provided with a suitable alarm device for summoning assistance;

• (b) every person granted access to the confined space shall be provided with and trained in the use of the protection equipment referred to in subsection 9.2(2);

• (c) every employee entering into, exiting from and occupying the confined space shall wear a safety harness that is securely attached to a lifeline that

  • (i) is attached to a secure anchor outside the confined space, and

  • (ii) is controlled by the qualified person referred to in paragraph (a);

• (d) two or more employees, which may include the person referred to in paragraph (a), shall be in the immediate vicinity of the confined space to assist in the event of an accident or other emergency; and

• (e) one of the employees referred to in paragraph (d) shall

  • (i) be trained in the emergency procedures referred to in subsection 9.2(2),

  • (ii) be the holder of a first aid certificate, and

  • (iii) be provided with the protection equipment and emergency equipment referred to in subsection 9.2(2).

9.4 Before a confined space is sealed, the person in charge of the area surrounding the confined space shall ascertain that no person is inside the confined space.

Hot Work Operations

• 9.5 (1) Hot work shall not be performed in a confined space where an explosive or flammable hazardous substance may be present, unless a marine chemist or other qualified person has determined that the work can be safely performed therein.

• (2) Where hot work is to be performed in a confined space,

  • (a) a qualified person shall patrol the area surrounding the confined space and maintain therein a fire protection watch until all hazard of fire is passed; and

  • (b) fire extinguishers shall be provided in the area referred to in paragraph (a).

Ventilation Equipment

• 9.6 (1) Where a hazardous substance may be produced by hot work in a confined space,

  • (a) the confined space shall be ventilated in accordance with subsection (2); or

  • (b) every employee who enters into, exits from and occupies the confined space shall use a respiratory protective device or breathing apparatus that meets the requirements of section 10.7.

• (2) Where an airborne hazardous substance or oxygen in the atmosphere in a confined space is maintained at the value, level or percentage referred to in subsection 9.2(1) by the use of ventilation equipment, no person shall be granted access to the confined space unless

  • (a) the ventilation equipment is

    • (i) equipped with an alarm that will, if the equipment fails, be activated automatically and be audible or visible to any person in the confined space, or

    • (ii) monitored by an employee who is in constant attendance at the equipment; and

  • (b) in the event of failure of the ventilation equipment, sufficient time will be available for the person to escape from the confined space before

    • (i) his exposure to or the concentration of a hazardous substance therein exceeds the value, level or percentage prescribed in paragraph 9.2(1)(a) or (b), and

    • (ii) the percentage of oxygen in the atmosphere ceases to meet the requirements of paragraph 9.2(1)(c).

• (3) The employee referred to in subparagraph (2)(a)(ii) shall activate an alarm in the event of faulty operation of the ventilation equipment.

Reports and Procedures

9.7 The written report referred to in subsection 9.2(2) shall be kept by the employer on the ship on which the confined space is located for two years after the date on which the marine chemist or other qualified person signs the report.

9.8 Where the employer establishes procedures or emergency procedures referred to in paragraph 9.2(2)(b) or (e), he shall keep a copy of them on the ship to which they refer.

PART XSafety Materials, Equipment, Devices and Clothing

General

10.1 Where

• (a) it is not reasonably practicable to eliminate or control a safety or health hazard in a work place within safe limits, and

• (b) the use of protection equipment may prevent or reduce injury from that hazard,

every person granted access to the work place who is exposed to that hazard shall use the protection equipment prescribed by this Part.

10.2 All protection equipment

• (a) shall be designed to protect the person from the hazard for which it is provided; and

• (b) shall not in itself create a hazard.

10.3 All protection equipment provided by the employer shall

• (a) be maintained, inspected and tested by a qualified person; and

• (b) where necessary to prevent a health hazard, be maintained in a clean and sanitary condition by a qualified person.

Protective Headwear

10.4 Where there is a hazard of head injury in a work place, the employer shall provide protective headwear that meets the standards set out in CSA Standard Z94.1-M1977, Industrial Protective Headwear, the English version of which is dated April, 1977, as amended to September, 1982 and the French version of which is dated April, 1980, as amended to September, 1982.

Protective Footwear

• 10.5 (1) Where there is a hazard of a foot injury or electric shock through footwear in a work place, protective footwear that meets the standards set out in CSA Standard Z195-M1984, Protective Footwear, the English version of which is dated March, 1984 and the French version of which is dated December, 1984, shall be used.

• (2) Where there is a hazard of slipping in a work place, non-slip footwear shall be used.

Eye and Face Protection

10.6 Where there is a hazard of injury to the eyes, face, ears or front of the neck of an employee in a work place, the employer shall provide eye or face protectors that meet the standards set out in CSA Standard Z94.3-M1982, Industrial Eye and Face Protectors, the English version of which is dated May, 1982 and the French version of which is dated February, 1983.

Respiratory Protection

• 10.7 (1) Where there is a hazard of an airborne hazardous substance or an oxygen deficient atmosphere in a work place, the employer shall provide

  • (a) a respiratory protective device that is listed in the NIOSH Certified Equipment List as of October 1, 1984, dated February, 1985, published by the United States National Institute for Occupational Safety and Health; or

  • (b) a breathing apparatus consisting of

    • (i) a smoke helmet or smoke mask that has an air pump or bellows with a length of air hose long enough to reach any part of the work place from a place on the open deck that is well clear of any hatch or doorway, or

    • (ii) a self-contained unit of the open circuit compressed air type or the closed circuit oxygen generating type.

• (2) A respiratory protective device or breathing apparatus referred to in subsection (1) shall be selected, fitted, cared for, used and maintained in accordance with the standards set out in CSA Standard Z94.4-M1982, Selection, Care and Use of Respirators, the English version of which is dated May, 1982, as amended to September, 1984 and the French version of which is dated March, 1983, as amended to September, 1984, excluding clauses 6.1.5, 10.3.3.1.2 and 10.3.3.4.2(c).

• (3) Where air is provided for the purpose of a respiratory protective device or breathing apparatus referred to in subsection (1),

  • (a) the air shall meet the standards set out in clauses 5.5.2 to 5.5.11 of CSA Standard CAN3-Z180.1-M85, Compressed Breathing Air and Systems, the English version of which is dated December 1985 and the French version of which is dated November 1987; and

  • (b) the system that supplies air shall be constructed, tested, operated and maintained in accordance with the CSA Standard referred to in paragraph (a).

• (4) Where a steel or aluminum self-contained breathing apparatus cylinder has a dent deeper than 1.5 mm and less than 50 mm in major diameter or shows evidence of deep isolated pitting, cracks or splits, the cylinder shall be removed from service until it has been shown to be safe for use by means of a hydrostatic test at a pressure equal to one and one-half times the maximum allowable working pressure.

Skin Protection

10.8 Where there is a hazard of injury or disease to or through the skin of a person in a work place, the employer shall provide to any person granted access to the work place

• (a) a shield or screen;

• (b) a cream or a barrier lotion to protect the skin; or

• (c) an appropriate body covering.

Fall-Protection Systems

• 10.9 (1) Where a person, other than an employee who is installing or removing a fall-protection system in accordance with the instructions referred to in subsection (5), works from

  • (a) an unguarded structure that is

    • (i) more than 2.4 m above the nearest permanent safe level,

    • (ii) above any moving parts of machinery or any other surface or thing that could cause injury to an employee on contact, or

    • (iii) above an open hold,

  • (b) a temporary structure that is more than 3 m above a permanent safe level, or

  • (c) a ladder at a height of more than 2.4 m above the nearest permanent safe level and, because of the nature of the work, that person can use only one hand to hold onto the ladder,

  the employer shall provide a fall-protection system.

• (2) The components of a fall-protection system shall meet the following standards:

  • (a) CSA Standard Z259.1-1976, Fall-Arresting Safety Belts and Lanyards for the Construction and Mining Industries, the English version of which is dated November, 1976, as amended to May, 1979 and the French version of which is dated April, 1980;

  • (b) CSA Standard Z259.2-M1979, Fall-Arresting Devices, Personnel Lowering Devices and Life Lines, the English version of which is dated November, 1979 and the French version of which is dated October, 1983; and

  • (c) CSA Standard Z259.3-M1978, Lineman’s Body Belt and Lineman’s Safety Strap, the English version of which is dated September, 1978, as amended to April, 1981 and the French version of which is dated April, 1980, as amended to April, 1981.

• (3) The anchor of a fall-protection system shall be capable of withstanding a force of 17.8 kN.

• (4) A fall-protection system that is used to arrest the fall of a person shall prevent that person

  • (a) from being subjected to a peak fall arrest force greater than 8 kN; and

  • (b) from falling freely for more than 1.2 m.

• (5) Every employee required to install or remove a fall-protection system in a work place shall be instructed and trained by the employer in the procedures to be followed for the installation or removal of the system.

Loose Clothing

10.10 Loose-fitting clothing, long hair, dangling accessories, jewellery or other similar items that are likely to be hazardous to the safety or health of an employee in a work place shall not be worn unless they are so tied, covered or otherwise secured as to prevent the hazard.

Protection Against Moving Vehicles

10.11 Where an employee is regularly exposed to contact with moving vehicles during work, the employee shall wear a vest or other clothing worn by signallers.

Records

• 10.12 (1) A record of all self-contained breathing apparatus provided by the employer shall be kept by him on the ship on which the breathing apparatus is located for two years after it ceases to be used.

• (2) The record referred to in subsection (1) shall contain

  • (a) a description of the breathing apparatus and the date of its acquisition by the employer;

  • (b) the date and result of each inspection and test of the breathing apparatus;

  • (c) the date and nature of any maintenance work performed on the breathing apparatus since its acquisition by the employer; and

  • (d) the name of the person who performed the inspection, test or maintenance of the breathing apparatus.

Instructions and Training

• 10.13 (1) Every person granted access to a work place who uses protection equipment shall be instructed by the employer in the use of the equipment.

• (2) Every employee who uses protection equipment shall be instructed and trained in the use, operation and maintenance of the equipment.

• (3) The instructions referred to in subsections (1) and (2) shall be

  • (a) set out in writing; and

  • (b) kept by the employer readily available for examination by every person granted access to the work place.

Defective Protection Equipment

10.14 Where an employee finds any defect in protection equipment that may render it unsafe for use, he shall report the defect to his employer as soon as possible.

10.15 An employer shall mark or tag as unsafe and remove from service any protection equipment used by his employees that has a defect that may render it unsafe for use.

PART XITools and Machinery

Interpretation

11.1 In this Part,

explosive actuated fastening tool

explosive actuated fastening tool means a tool that, by means of an explosive force, propels or discharges a fastener for the purpose of impinging it on, affixing it to or causing it to penetrate another object or material; (pistolet de scellement à cartouches explosives)

fire hazard area

fire hazard area means an area that contains or is likely to contain an explosive or flammable concentration of a hazardous substance. (endroit présentant un risque d’incendie)

Design, Construction, Operation and Use of Tools

11.2 The exterior surface of any tool used by an employee in a fire hazard area shall be made of non-sparking material.

11.3 All portable electric tools used by employees shall meet the standards set out in CSA Standard CAN/CSA-C22.2 No. 71.1-M89, Portable Electric Tools, the English version of which is dated September 1989 and the French version of which is dated February 1991.

• 11.4 (1) Subject to subsection (2), all portable electric tools used by employees shall be grounded.

• (2) Subsection (1) does not apply to tools that

  • (a) are powered by a self-contained battery;

  • (b) have a protective system of double insulation; or

  • (c) are used in a location where reliable grounding cannot be obtained if the tools are supplied from a double insulated portable ground fault circuit interrupter of the class A type that meets the standards set out in CSA Standard C22.2 No. 144-1977, Ground Fault Circuit Interrupters, dated March, 1977.

11.5 All portable electric tools used by employees in a fire hazard area shall be marked as appropriate for use or designed for use in such a fire hazard area.

11.6 Where an air hose is connected to a portable air-powered tool used by an employee, a restraining device shall be attached

• (a) to all hose connections; and

• (b) where an employee may be injured by the tool falling, to the tool.

• 11.7 (1) All explosive actuated fastening tools used by employees shall meet the standards set out in CSA Standard Z166-1975, Explosive Actuated Fastening Tools, dated June, 1975.

• (2) No employee shall operate an explosive actuated fastening tool unless authorized to do so by his employer.

• (3) Every employee who operates an explosive actuated fastening tool shall operate it in accordance with the CSA Standard referred to in subsection (1).

11.8 All chain saws used by employees shall meet the standards set out in CSA Standard CAN3-Z62.1-M85, Chain Saws, dated February, 1985.

Defective Tools and Machines

11.9 Where an employee finds any defect in a tool or machine that may render it unsafe for use, he shall report the defect to his employer as soon as possible.

11.10 An employer shall mark or tag as unsafe and remove from service any tool or machine used by his employees that has a defect that may render it unsafe for use.

Instructions and Training

11.11 Every employee shall be instructed and trained by a qualified person appointed by his employer in the safe and proper inspection, maintenance and use of all tools and machinery that he is required to use.

• 11.12 (1) Every employer shall maintain a manual of operating instructions for each type of portable electric tool, portable air-powered tool, explosive actuated fastening tool and machine used by his employees.

• (2) A manual referred to in subsection (1) shall be kept by the employer readily available for examination by an employee who is required to use the tool or machine to which the manual applies.

General Requirements for Machine Guards

• 11.13 (1) Every machine that has exposed moving, rotating, electrically charged or hot parts or that processes, transports or handles material that constitutes a hazard to an employee shall be equipped with a machine guard that

  • (a) prevents the employee or any part of his body from coming into contact with the parts or material;

  • (b) prevents access by the employee to the area of exposure to the hazard during the operation of the machine; or

  • (c) makes the machine inoperative if the employee or any part of his clothing is in or near a part of the machine that is likely to cause injury.

• (2) To the extent that is reasonably practicable, a machine guard referred to in subsection (1) shall not be removable.

• (3) A machine guard shall be so constructed, installed and maintained that it meets the requirements of subsection (1).

Use, Operation, Repair and Maintenance of Machine Guards

11.14 Machine guards shall be operated, maintained and repaired by a qualified person.

• 11.15 (1) Subject to subsection (2), where a machine guard is installed on a machine, no person shall use or operate the machine unless the machine guard is in its proper position.

• (2) A machine may be operated when the machine guard is not in its proper position in order to permit the removal of an injured person from the machine.

• 11.16 (1) Subject to subsection (2), where it is necessary to remove a machine guard from a machine in order to perform repair or maintenance work on the machine, no person shall perform the repair or maintenance work unless the machine has been rendered inoperative.

• (2) Where it is not reasonably practicable to render a machine referred to in subsection (1) inoperative in order to perform repair or maintenance work on the machine, the work may be performed if the person performing the work is a qualified person or performs the work under the direct supervision of a qualified person.

Abrasive Wheels

11.17 Abrasive wheels shall be

• (a) used only on machines equipped with machine guards,

• (b) mounted between flanges, and

• (c) operated

in accordance with sections 4 to 6 of CSA Standard B173.5-1979, Safety Requirements for the Use, Care and Protection of Abrasive Wheels, dated February, 1979.

11.18 A bench grinder shall be equipped with a work rest or other device that

• (a) prevents the work piece from jamming between the abrasive wheel and the wheel guard; and

• (b) does not make contact with the abrasive wheel at any time.

Woodworking Machinery

11.19 Woodworking machinery shall be guarded in accordance with clause 3.3 of CSA Standard Z114-M1977, Safety Code for the Woodworking Industry, dated March, 1977.

PART XIIMaterials Handling and Storage

Interpretation

12.1 In this Part,

materials handling equipment

materials handling equipment means equipment used to transport, lift, move or position materials, goods or things and includes mobile equipment but does not include an elevating device; (appareil de manutention des matériaux)

National Fire Code

National Fire Code means the National Fire Code of Canada, 1985, issued by the Associate Committee on the National Fire Code, National Research Council of Canada, dated 1985; (Code national de prévention des incendies)

safe working load

safe working load means, with respect to materials handling equipment, the maximum load that the materials handling equipment is designed and constructed to handle or support safely; (charge de travail admissible)

signaller

signaller means a person instructed by an employer to direct, by means of visual or auditory signals, the safe movement and operation of materials handling equipment. (signaleur)

Application

12.2 This Part does not apply to or in respect of the use and operation of tackle in the loading or unloading of ships.

DIVISION IDESIGN AND CONSTRUCTION

General

• 12.3 (1) Materials handling equipment shall, to the extent that is reasonably practicable, be so designed and constructed that, if there is a failure of any part of the materials handling equipment, it will not result in loss of control of the materials handling equipment or create a hazardous condition.

• (2) All glass in doors, windows and other parts of materials handling equipment shall be of a type designed not to shatter into sharp or dangerous pieces on impact.

Protection from Falling Objects

• 12.4 (1) Where materials handling equipment is used in circumstances where the operator of the equipment may be struck by a falling object or shifting load, the employer shall equip the materials handling equipment with a protective structure of such a design, construction and strength that it will, under all foreseeable conditions, prevent the penetration of the object or load into the area occupied by the operator.

• (2) A protective structure referred to in subsection (1) shall be

  • (a) constructed from non-combustible or fire resistant material; and

  • (b) designed to permit quick exit from the materials handling equipment in an emergency.

12.5 Where, during the loading or unloading of materials handling equipment, the load will pass over the operator’s position, the operator shall not occupy the materials handling equipment unless it is equipped with a protective structure referred to in section 12.4.

Protection from Overturning

• 12.6 (1) Where mobile equipment is used in circumstances in which it may turn over, it shall be fitted with a rollover protection device that meets the standards set out in CSA Standard B352-M1980, Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial and Mining Machines, the English version of which is dated September 1980 and the French version of which is dated April 1991.

• (2) Guards shall be installed on the deck of every ship and on every other elevated working area on which mobile equipment is used to prevent the equipment from falling over the sides of the deck or area.

Fuel Tanks

12.7 Where a fuel tank, compressed gas cylinder or similar container contains a hazardous substance and is mounted on materials handling equipment, it shall be

• (a) so located or protected that under all conditions it is not hazardous to the safety or health of an employee who is required to operate or ride on the materials handling equipment; and

• (b) connected to fuel overflow and vent pipes that are so located that fuel spills and vapours cannot

  • (i) be ignited by hot exhaust pipes or other hot or sparking parts, or

  • (ii) be hazardous to the safety or health of any employee who is required to operate or ride on the materials handling equipment.

Protection from Elements

• 12.8 (1) Materials handling equipment that is regularly used outdoors shall be fitted with a roof or other structure that will protect the operator from exposure to any weather condition that is likely to be hazardous to his safety or health.

• (2) Where heat produced by materials handling equipment raises the temperature in the operator’s compartment or position to 27°C or more, the compartment or position shall be protected from the heat by an insulated barrier.

Controls

12.9 The arrangement and design of dial displays and the controls and general layout and design of the operator’s compartment or position on all materials handling equipment shall not hinder or prevent the operator from operating the materials handling equipment.

Fire Extinguishers

• 12.10 (1) Mobile equipment that is used or operated for transporting or handling combustible or flammable substances shall be equipped with a dry chemical fire extinguisher.

• (2) The fire extinguisher referred to in subsection (1) shall

  • (a) have not less than a 5B rating as defined in the National Fire Code;

  • (b) meet the standards set out in section 6.2 of the National Fire Code; and

  • (c) be so located that it is readily accessible to the operator of the mobile equipment while he is in the operating position.

Means of Entering and Exiting

12.11 All materials handling equipment shall be provided with a step, handhold or other means of entering into and exiting from the compartment or position of the operator and any other place on the equipment that an employee enters in order to service the equipment.

Lighting

12.12 Where mobile equipment is used or operated by an employee in a work place at night or at any time when the level of lighting within the work place is less than 1 dalx, the mobile equipment shall be

• (a) fitted on the front and rear thereof with warning lights that are visible from a distance of not less than 100 m; and

• (b) provided with lighting that ensures the safe operation of the equipment under all conditions of use.

Control Systems

12.13 All mobile equipment shall be fitted with braking, steering and other control systems that

• (a) are capable of safely controlling and stopping the movement of the mobile equipment and any hoist, bucket or other part of the mobile equipment; and

• (b) respond reliably and quickly to moderate effort on the part of the operator.

Warnings

12.14 Mobile equipment shall be fitted with a horn or similar audible warning device having a distinctive sound that can be clearly heard above the noise of the equipment and any surrounding noise.

Seat Belts

12.15 Where mobile equipment is used under conditions where a seat belt or shoulder strap type restraining device is likely to contribute to the safety of the operator or passengers, the mobile equipment shall be fitted with such a belt or device.

Rear View Mirror

12.16 Where mobile equipment cannot be operated safely in reverse unless it is equipped with an outside rear view mirror, the mobile equipment shall be so equipped.

Electric Materials Handling Equipment

12.17 Any materials handling equipment that is electrically powered shall be so designed and constructed that the operator and all other employees are protected from electrical shock or injury by means of protective guards, screens or panels secured by bolts, screws or other equally reliable fasteners.

Automatic Materials Handling Equipment

12.18 Where materials handling equipment that is controlled or operated by a remote or automatic system may make physical contact with an employee, it shall be prevented from doing so by the provision of an emergency stop system or barricades.

Conveyors

12.19 The design, construction, installation, operation and maintenance of each conveyor, cableway or other similar materials handling equipment shall meet the standards set out in ANSI Standard ANSI/ASME B20.1-1984, Safety Standard for Conveyors and Related Equipment, dated May 31, 1984.

DIVISION IIMAINTENANCE, OPERATION AND USE

Inspection, Testing and Maintenance

• 12.20 (1) Before materials handling equipment is operated for the first time in a work place, the employer shall set out in writing instructions for the inspection, testing and maintenance of that materials handling equipment.

• (2) The instructions referred to in subsection (1) shall specify the nature and frequency of inspections, tests and maintenance.

• 12.21 (1) The inspection, testing and maintenance of all materials handling equipment shall be performed by a qualified person.

• (2) The qualified person referred to in subsection (1) shall

  • (a) comply with the instructions referred to in subsection 12.20(1); and

  • (b) make and sign a report of each inspection, test or maintenance work performed by him.

• (3) The report referred to in paragraph (2)(b) shall

  • (a) include the date of the inspection, test or maintenance performed by the qualified person;

  • (b) identify the materials handling equipment that was inspected, tested or maintained; and

  • (c) set out the safety observations of the qualified person inspecting, testing or maintaining the materials handling equipment.

• (4) The employer shall keep on every ship on which the materials handling equipment is located a copy of

  • (a) the instructions referred to in subsection 12.20(1) for as long as the materials handling equipment is in use; and

  • (b) the report referred to in paragraph (2)(b) for a period of two years after the report is signed.

Operator Training

• 12.22 (1) Every operator of materials handling equipment shall be instructed and trained by the employer in the procedures to be followed for

  • (a) the inspection of the materials handling equipment;

  • (b) the safe and proper use of the equipment; and

  • (c) the fuelling of the materials handling equipment, where applicable.

• (2) Every employer shall keep a record of any instruction or training referred to in subsection (1) given to an operator of materials handling equipment for as long as the operator remains in his employ.

Operation

12.23 No employer shall require an employee to operate materials handling equipment unless the employee is capable of operating the equipment safely.

• 12.24 (1) No person shall operate materials handling equipment unless

  • (a) he has a clear and unobstructed view of the area in which the equipment is being operated; or

  • (b) he is directed by a signaller.

• (2) No materials handling equipment shall be used on a ramp with a slope greater than the maximum slope recommended by the manufacturer of the equipment.

• (3) No person shall leave mobile equipment unattended unless the equipment has been properly secured to prevent it from moving.

• 12.25 (1) Every employer shall establish a code of signals for the purposes of paragraph 12.24(1)(b) and shall

  • (a) instruct every signaller and operator of materials handling equipment employed by him in the use of the code; and

  • (b) keep a copy of the code in a place where it is readily available for examination by the signallers and operators.

• (2) No signaller shall perform duties other than signalling while any materials handling equipment under his direction is in motion.

• (3) Where it is not practicable for a signaller to use visual signals, a telephone, radio or other signalling device shall be provided by the employer for the use of the signaller.

Repairs

• 12.26 (1) Subject to subsection (2), any repair, modification or replacement of a part of any materials handling equipment shall not decrease the safety of the materials handling equipment or part.

• (2) If a part of less strength or quality than the original part is used in the repair, modification or replacement of a part of any materials handling equipment, the use of the materials handling equipment shall be restricted by the employer to such loading and use as will ensure the retention of the original safety of the equipment or part.

Transporting and Positioning Employees

• 12.27 (1) Materials handling equipment shall not be used for transporting an employee unless the equipment is specifically designed for that purpose.

• (2) Materials handling equipment shall not be used for positioning an employee unless the equipment is equipped with a platform, bucket or basket designed for that purpose.

Loading, Unloading and Maintenance While in Motion

12.28 No materials, goods or things shall be picked up from or placed on any mobile equipment while the equipment is in motion unless the equipment is specifically designed for that purpose.

12.29 Except in the case of an emergency, no employee shall get on or off any mobile equipment while it is in motion.

• 12.30 (1) Subject to subsection (2), no repair, maintenance or cleaning work shall be performed on any materials handling equipment while the materials handling equipment is being operated.

• (2) Fixed parts of materials handling equipment may be repaired, maintained or cleaned while the materials handling equipment is being operated if they are so isolated or protected that the operation of the materials handling equipment does not affect the safety of the employee performing the repair, maintenance or cleaning work.

Positioning the Load

12.31 Where mobile equipment is travelling with a raised or suspended load on a ship, the operator of the equipment shall ensure that the load is carried as close to the deck as the situation permits and in no case shall the load be carried at a point above the centre of gravity of the loaded mobile equipment.

Tools

12.32 Where tools, tool boxes or spare parts are carried on materials handling equipment, they shall be securely stored.

Housekeeping

12.33 The floor, cab and other occupied parts of materials handling equipment shall be kept free of any grease, oil, materials, tools or equipment that may create a hazard to an employee.

Parking

12.34 No mobile equipment shall be parked in a passageway, doorway or other place where it may interfere with the safe movement of persons, materials, goods or things.

Materials Handling Area

• 12.35 (1) In this section, “materials handling area” means an area within which

  • (a) mobile equipment, or

  • (b) other materials handling equipment with wide swinging booms or other similar parts

  may create a hazard to any person.

• (2) The main approaches to any materials handling area shall be posted with warning signs or shall be under the control of a signaller while operations are in progress.

• (3) No person shall enter a materials handling area while operations are in progress unless that person

  • (a) is a safety officer;

  • (b) is an employee whose presence in the materials handling area is essential to the conduct, supervision or safety of the operations; or

  • (c) is a person who has been instructed by the employer to be in the materials handling area while operations are in progress.

• (4) If any person other than a person referred to in subsection (3) enters a materials handling area while operations are in progress, the employer shall cause the operations in that area to be immediately discontinued and not resumed until that person has left the area.

Dumping

12.36 Where mobile equipment designed for dumping is used to discharge a load at the edge of a sudden drop in level that may cause the mobile equipment to tip,

• (a) a bumping block shall be used, or

• (b) a signaller shall give directions to the operator of the equipment

to prevent the mobile equipment from falling over the edge.

Enclosed Working Areas

12.37 Every enclosed working area in which materials handling equipment powered by an internal combustion engine is used shall be ventilated in such a manner that the carbon monoxide concentration in the atmosphere of the working area does not exceed 50 parts per million.

Fuelling

• 12.38 (1) Where materials handling equipment is fuelled on a ship, the fuelling shall be done in accordance with the instructions given by the employer pursuant to section 12.22 in a place where the vapours from the fuel are readily dissipated.

• (2) Subject to subsection (3), no employee shall fuel materials handling equipment

  • (a) in the hold of a ship;

  • (b) when the engine of the equipment is running; or

  • (c) when there is any source of ignition in the vicinity of the equipment.

• (3) Materials handling equipment may be fuelled in the hold or an enclosed space of a ship if

  • (a) one employee is in the hold or space with a suitable fire extinguisher ready for use;

  • (b) only those employees engaged in the fuelling and the employee referred to in paragraph (a) are in the hold or space;

  • (c) only the minimum quantity of fuel needed to fill the fuel tank of the materials handling equipment is taken into the hold or space at one time;

  • (d) where the fuel is liquified gas, the materials handling equipment is fuelled only by the replacement of spent cylinders; and

  • (e) fuel is not transferred into containers other than the fuel tank of the materials handling equipment.

Safe Working Loads

• 12.39 (1) No materials handling equipment shall be used or operated with a load that is in excess of its safe working load.

• (2) The safe working load of materials handling equipment shall be clearly marked on the equipment or on a label securely attached to a permanent part of the equipment in a position where the mark or label can be easily read by the operator of the equipment.

Clearances

12.40 On any route that is regularly travelled by mobile equipment, the overhead and side clearances shall be adequate to permit the mobile equipment and its load to be manoeuvred safely by an operator.

12.41 No materials handling equipment shall be operated in an area in which it may contact an electrical cable, pipeline or other overhead hazard known to the employer, unless the operator has been

• (a) warned of the presence of the hazard;

• (b) informed of the location of the hazard; and

• (c) informed of the safety clearance that must be maintained with respect to the hazard in order to avoid accidental contact with it.

DIVISION IIIMANUAL HANDLING OF MATERIALS

12.42 Where, because of the weight, size, shape, toxicity or other characteristic of materials, goods or things, the manual handling of the materials, goods or things may be hazardous to the safety or health of an employee, the employer shall issue instructions that the materials, goods or things shall, where reasonably practicable, not be handled manually.

12.43 Where an employee is required to manually lift or carry a load in excess of 10 kg, the employee shall be instructed and trained by the employer

• (a) in a safe method of lifting and carrying the load; and

• (b) in a work procedure appropriate to the conditions of the work place and the employee’s physical condition.

DIVISION IVSTORAGE OF MATERIALS

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

• (2) No materials, goods or things shall be stored or placed in a manner that may

  • (a) obstruct or encroach upon passageways, traffic lanes or exits;

  • (b) impede the safe operation of materials handling equipment;

  • (c) obstruct the ready access to or the use and operation of fire fighting equipment;

  • (d) interfere with the operation of fixed fire protection equipment; or

  • (e) be hazardous to the safety or health of any employee.

PART XIIIFirst Aid

Interpretation

13.1 In this Part,

detached work place

detached work place means a work place away from a ship where employees normally employed on the ship are engaged in work related to the operation of the ship; (lieu de travail séparé)

first aid room

first aid room means a room used exclusively for first aid or medical purposes; (salle de premiers soins)

first aid station

first aid station means a place, other than a first aid room, at which first aid supplies or equipment are stored; (poste de secours)

health unit

health unit means a consultation and treatment facility that is in the charge of a person who is a registered nurse under the laws of any province; (service de santé)

medical facility

medical facility means a medical clinic or the office of a physician. (installation médicale)

medical practitioner

medical practitioner[Repealed, SOR/88-198, s. 14]

General

• 13.2 (1) Every employer shall establish written instructions that provide for the prompt rendering of first aid to an employee for any injury, occupational disease or illness.

• (2) A copy of the instructions referred to in subsection (1) shall be kept by the employer readily available for examination by employees.

• (3) Where an employee sustains an injury or becomes aware that he has an occupational disease or illness, he shall, where possible, report immediately for first aid to a person who holds a first aid certificate.

• 13.3 (1) The employer shall provide on every ship

  • (a) at least one person who holds a first aid certificate and is readily available to render first aid to employees that are injured or ill; and

  • (b) for every work place at which employees are working on live electrical equipment, at least one employee who, in the 12 months prior to the performance of the work on the electrical equipment, successfully completed a course in cardiopulmonary resuscitation given by an approved organization.

• (2) Subsection (1) does not apply in respect of shore-based employees for whom there is provided on shore a first aid room, a health unit or a medical facility.

First Aid Stations

• 13.4 (1) At least one first aid station shall be provided on every ship.

• (2) Every first aid station shall be

  • (a) available and accessible when an employee is on the ship;

  • (b) inspected regularly and its contents maintained in a clean, dry and serviceable condition; and

  • (c) clearly identified by a conspicuous sign.

Posting of Information

• 13.5 (1) Subject to subsection (2), an employer shall post and keep posted in a conspicuous place accessible to every employee on a ship

  • (a) information regarding first aid to be rendered for any injury, occupational disease or illness; and

  • (b) information regarding the location of first aid stations.

• (2) At a detached work place, the information referred to in subsection (1) shall be provided and retained with the first aid kit referred to in section 13.6.

First Aid Supplies and Equipment

• 13.6 (1) The employer shall provide and maintain for a work place set out in Column I of an item of Schedule I to this Part the type of first aid kit set out in Column II of that item.

• (2) A type of first aid kit referred to in subsection (1) shall contain the supplies and equipment listed in Schedule II to this Part in the applicable quantities set out in that schedule.

• 13.7 (1) Subject to subsection (2), where a hazard of skin or eye injury from a hazardous substance exists in a work place, shower facilities to wash the skin and eye wash facilities to irrigate the eyes shall be provided for immediate use by employees.

• (2) Where it is not practicable to comply with subsection (1), portable equipment that may be used in place of the facilities referred to in subsection (1) shall be provided.

Transportation

13.8 Before assigning employees to a detached work place, the employer shall provide for that work place

• (a) suitable means of transporting an injured employee to the ship, a medical facility or a hospital;

• (b) a person who holds a first aid certificate to accompany an injured employee and to render first aid in transit if required; and

• (c) a means of communication between the detached work place and the ship.

Records

• 13.9 (1) Where an injured or ill employee reports for first aid to a person in accordance with subsection 13.2(3) or where a person who holds a first aid certificate renders first aid to an employee, the person shall

  • (a) enter in a first aid record the following information:

    • (i) the date and time of the reporting of the injury, occupational disease or illness,

    • (ii) the full name of the injured or ill employee,

    • (iii) the date, time and location of the occurrence of the injury, occupational disease or illness,

    • (iv) a brief description of the injury, occupational disease or illness,

    • (v) a brief description of the first aid rendered, if any, and

    • (vi) a brief description of arrangements made for the treatment or transportation of the injured or ill employee; and

  • (b) sign the first aid record beneath the information entered in accordance with paragraph (a).

• (2) The employer shall keep a first aid record referred to in subsection (1) for two years after the date of entry of information therein.

PART XIVHazardous Occurrence Investigation, Recording and Reporting

Interpretation

14.1 The definitions in this section apply 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 their regular work on any day after the day on which the injury or disease occurred, whether or not that later day was a working day for that employee;

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

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

minor injury

minor injury means an employment injury or an occupational disease for which first aid or medical treatment is provided, other than a disabling injury. (blessure légère)

Employee Report

14.2 If an employee becomes aware of an accident or other occurrence arising in the course of or in connection with their 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.

Investigation

14.3 If an employer becomes aware of an accident, occupational disease or other hazardous occurrence affecting any of their employees in the course of employment, the employer shall, without delay,

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

• (b) notify the safety and health committee or the safety and health representative, if either exists, 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.

Immediate Report to Safety Officer

14.4 The employer shall report to a safety officer employed with the Marine Safety Branch of the Department of Transport the date, time, location and nature of any accident, occupational disease or other hazardous occurrence referred to in section 14.3 that has one of the following results, as soon as possible but not later than 24 hours after becoming aware of that result:

• (a) the death of an employee;

• (b) a missing employee;

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

• (d) the loss of consciousness by an employee as a result of an electric shock, a toxic atmosphere or an oxygen-deficient atmosphere.

Minor Injury Record

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

• (2) The record 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;

  • (d) the causes of the minor injury; and

  • (e) a description of the first aid or medical treatment given to the employee, if any.

Written Report

• 14.6 (1) If the investigation referred to in section 14.3 discloses that a hazardous occurrence resulted in the death of an employee, a missing employee, a disabling injury to an employee or the loss of consciousness by an employee as a result of electric shock or a toxic or oxygen-deficient atmosphere, the employer shall prepare a report in writing including the following information:

  • (a) the type of result of the hazardous occurrence;

  • (b) the employer’s name, mailing address and telephone number;

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

  • (d) the weather conditions at the time of the hazardous occurrence;

  • (e) the names of any witnesses to the hazardous occurrence;

  • (f) the supervisor’s name;

  • (g) the name of the ship and its official number or I.D. Number;

  • (h) a description of what happened;

  • (i) a description and estimated cost of property damage, if any;

  • (j) for each injured employee, the employee’s name, date of birth, sex, years of experience in the occupation, a description of the injury, whether the employee was evacuated and the direct cause of the injury;

  • (k) the training in accident prevention given to each injured employee in relation to the duties the employee performed at the time of the hazardous occurrence;

  • (l) the direct causes of the hazardous occurrence;

  • (m) any corrective action taken or to be taken and the date of its implementation;

  • (n) the supplementary preventive measures taken;

  • (o) the name of the person investigating the hazardous occurrence, their title and telephone number and a dated copy of their signature; and

  • (p) the name of the safety and health committee member or safety and health representative who participated in the investigation of the hazardous occurrence, their title and telephone number and a dated copy of their signature.

• (2) The employer shall submit a copy of the report

  • (a) within 30 days after the hazardous occurrence, to a safety officer employed with the Marine Safety Branch of the Department of Transport or to the Canadian Transportation Accident Investigation and Safety Board; and

  • (b) without delay, to the safety and health committee or safety and health representative, if either exists.

Annual Report

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

• (2) The report referred to in subsection (1) shall be in the form set out in the schedule to this Part and shall contain the information required by that form.

Retention of Reports and Records

14.8 Every employer shall keep a copy of each report and record referred to in this Part for a period of 10 years after they are made.