Maritime Occupational Health and Safety Regulations (SOR/2010-120)

124. (1) The employer must, in order to address identified and assessed hazards, including ergonomics-related hazards, take preventive measures to address the assessed hazard in the following order of priority:

• (a) the elimination of the hazard, including by way of engineering controls which may involve mechanical aids, equipment design or redesign that take into account the physical attributes of the employee;

• (b) the reduction of the hazard, including isolating it;

• (c) the provision of personal protection equipment, clothing, devices or materials; and

• (d) administrative procedures respecting, among other things, work permits issued under Part 13, the management of hazard exposure and recovery periods and the management of work patterns and methods.

(2) As part of the preventive measures, the employer must develop and implement a preventive maintenance program in order to avoid failures that could result in a hazard to employees.

(3) The employer must ensure that any preventive measure must not in itself create a hazard and must take into account the effects on the work place.

(4) The preventive measures must include steps to address

• (a) newly identified hazards in an expeditious manner; and

• (b) ergonomics-related hazards that are identified when planning implementation of change to the work environment or to work duties, equipment, practices or processes.

125. (1) The employer must provide each employee with health and safety education, including education relating to ergonomics and it must include the following:

• (a) the hazard prevention program implemented in accordance with this Part to prevent hazards applicable to the employee, including the hazard identification and assessment methodology and the preventive measures taken by the employer;

• (b) the nature of the work place and the hazards associated with it;

• (c) the employee’s duty to report under paragraphs 126(1)(g) and (h) of the Act and under section 275; and

• (d) an overview of the Act and these Regulations.

(2) The employer must provide an employee with education

• (a) when new information in respect of a hazard in the work place becomes available to the employer; and

• (b) shortly before the employee is assigned a new activity or exposed to a new hazard.

(3) The employer must review the employee education program, and, if necessary, revise it

• (a) at least once every three years;

• (b) when there is a change in conditions in respect of a hazard; and

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

(4) Each time an employee is provided with education, the employee must acknowledge in writing that they received it and the employer must acknowledge in writing that they provided it.

(5) The employer must keep, in paper or electronic form, records of the education that each employee is provided with for a period of two years after the day on which the employee ceases to be exposed to a hazard.