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

Regulations are current to 2017-11-20 and last amended on 2017-06-20. Previous Versions

Canada Occupational Health and Safety Regulations

SOR/86-304

CANADA LABOUR CODE

Registration 1986-03-13

Canada Occupational Health and Safety Regulations

P.C. 1986-616 1986-03-13

Her Excellency the Governor General in Council, on the recommendation of the Minister of Labour, pursuant to sections 82Footnote * and 83Footnote * and subsection 106(1)Footnote * of the Canada Labour Code, is pleased hereby to revoke

  • (a) the Canada Accident Investigation and Reporting Regulations, C.R.C., c. 993,

  • (b) the Canada Boiler and Pressure Vessel Regulations, made by Order in Council P.C. 1979-1426 of May 9, 1979Footnote **,

  • (c) the Canada Building Safety Regulations, C.R.C., c. 995,

  • (d) the Canada Confined Spaces Regulations, C.R.C., c. 996,

  • (e) the Canada Dangerous Substances Regulations, C.R.C., c. 997,

  • (f) the Canada Electrical Safety Regulations, C.R.C., c. 998,

  • (g) the Canada Elevating Devices Regulations, made by Order in Council P.C. 1979-1428 of May 9, 1979Footnote ***,

  • (h) the Canada Fire Safety Regulations, C.R.C., c. 1000,

  • (i) the Canada First-Aid Regulations, C.R.C., c. 1001,

  • (j) the Canada Hand Tools Regulations, C.R.C., c. 1002,

  • (k) the Canada Machine Guarding Regulations, C.R.C., c. 1003,

  • (l) the Canada Materials Handling Regulations, C.R.C., c. 1004,

  • (m) the Canada Motor Vehicle Operators Hours of Service Regulations, C.R.C., c. 1005,

  • (n) the Canada Noise Control Regulations, C.R.C., c. 1006,

  • (o) the Canada Protective Clothing and Equipment Regulations, C.R.C., c. 1007,

  • (p) the Canada Safe Illumination Regulations, C.R.C., c. 1008,

  • (q) the Canada Sanitation Regulations, made by Order in Council P.C. 1979-3181 of November 22, 1979Footnote ****,

  • (r) the Canada Temporary Work Structure Regulations, C.R.C., c. 1010,

  • (s) the Employment Safety Order for Railways, Aerodromes and Air-Stations, made by Order in Council P.C. 1978-1666 of May 18, 1978Footnote *****, and

  • (t) the Stevedores Safety Order, made by Order in Council P.C. 1978-881 of March 23, 1978Footnote ******,

and to make the annexed Regulations respecting occupational safety and health made under Part IV of the Canada Labour Code, in substitution therefor, effective March 31, 1986.

Part I

 [Repealed, SOR/2002-208, s. 2]

Interpretation

 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 an organization that is approved by any province for the teaching of first aid; (organisme agréé)

basic first aid certificate

basic first aid certificate means the certificate issued by either a qualified person or the organization that developed the training, as the case may be, for successful completion of a one-day first aid course; (certificat de secourisme élémentaire)

change room

change room means a room that is used by employees to change from their street clothes to their work clothes and from their work clothes to their street clothes, and includes a locker room; (vestiaire)

CSA

CSA means the Canadian Standards Association; (ACNOR)

dangerous substance

dangerous substance[Repealed, SOR/88-68, s. 1]

elevating device

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

fire hazard area

fire hazard area means an area that contains or is likely to contain explosive or flammable concentrations of hazardous substances; (endroit présentant un risque d’incendie)

first aid room

first aid room means a room that complies with the requirements of section 16.10; (salle de premiers soins)

high voltage

high voltage means a voltage of 751 volts or more between any two conductors or between a conductor and ground; (haute tension)

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)

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)

medical practitioner

medical practitioner[Repealed, SOR/88-68, s. 1]

Minister

Minister means the Minister of Labour; (ministre)

National Building Code

National Building Code means the National Building Code of Canada, 1995, issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, dated 1995, as amended from time to time; (Code canadien du bâtiment)

National Fire Code

National Fire Code means the National Fire Code of Canada 1995, issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, dated 1995, as amended from time to time; (Code national de prévention des incendies du Canada)

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)

personal service room

personal service room means a change room, toilet room, shower room, lunch room, living space, sleeping quarters or a combination thereof; (local réservé aux soins personnels)

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)

regional office

regional office, in respect of a work place, means the office of the Department of Employment and Social Development that is responsible for the Department’s Labour Program in any of the Department’s administrative regions in which the work place is situated; (bureau régional)

toilet room

toilet room means a room that contains a toilet or a urinal, but does not include an outdoor privy. (lieux d’aisances)

  • SOR/88-68, ss. 1, 14;
  • SOR/88-632, s. 1(F);
  • SOR/94-33, s. 1;
  • SOR/94-263, s. 3;
  • SOR/96-294, s. 1;
  • SOR/2000-328, s. 1;
  • SOR/2000-374, s. 1;
  • SOR/2002-208, s. 43(F);
  • SOR/2009-147, s. 1;
  • SOR/2012-271, s. 1;
  • 2013, c. 40, s. 237(E);
  • SOR/2014-148, s. 1.

Prescription

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

  • SOR/88-68, s. 2;
  • SOR/94-263, s. 4.

Application

 These Regulations apply to any person who is not an employee but who performs for an employer to which these Regulations apply activities whose primary purpose is to enable the person to acquire knowledge or experience, and to the employer, as if that person were an employee of the employer, and every provision of these Regulations must be read accordingly.

  • SOR/2015-211, s. 1.

 These Regulations do not apply in respect of employees employed

  • (a) on trains while in operation;

  • (b) on aircraft while in operation;

  • (c) on ships;

  • (d) subject to Part II of the Oil and Gas Occupational Safety and Health Regulations, on or in connection with exploration or drilling for or the production, conservation, processing or transportation of oil or gas in frontier lands, as that term is defined in the Canada Petroleum Resources Act; or

  • (e) on or in connection with a work or undertaking that is excluded from the application of the Act by an order made pursuant to section 123.1 of the Act.

  • SOR/87-623, s. 1;
  • SOR/94-263, s. 5;
  • SOR/2009-147, s. 2.

Records and Reports

 If an employer is required by section 125 or 125.1 of the Act to keep and maintain a record, report or other document, the employer shall keep and maintain the record, report or other document in such a manner that it is readily available for examination by the Minister and by the work place committee or the health and safety representative for the work place to which it applies.

  • SOR/88-68, s. 3;
  • SOR/94-263, s. 6;
  • SOR/2002-208, s. 3;
  • SOR/2014-148, s. 2.

Inconsistent Provisions

 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 shall prevail to the extent of the inconsistency.

 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 March 31, 1986.

Alternate Media

  •  (1) In this section,

    alternate media

    alternate media means any method of communication that permits an employee with a special need to receive any information, instruction or training required by these Regulations to be provided, including braille, large print, audio tape, computer disc, sign language and verbal communications; (média substitut)

    highly visible

    highly visible means marked with brightly coloured paint, painted with a reflective coating or marked by other means so as to be readily apparent; (très visible)

    special need

    special need means a condition that impairs an employee’s ability to receive any information, instruction or training that is required by these Regulations to be provided. (besoins spéciaux)

  • (2) Subject to subsection (5), where an employer or other person is required by these Regulations to give, provide or make available any information, instruction or training to an employee and the employee has a special need, the employer or other person shall give, provide or make available the information, instruction or training to the employee by means of an alternate medium.

  • (3) Where information, including warnings, is required by these Regulations to be provided by means of a sign or marking, the alternate medium shall be visible or audible to an employee with a special need.

  • (4) Where a warning is required to be given by a means other than a sign or marking, the warning shall be given to an employee with a special need in a manner that effectively warns the employee of the nature of the danger.

  • (5) Where an employer or other person is required by these Regulations to give, provide or make available any information by means of labels, defect tags or lockout tags, the employer or other person need not provide the information by means of an alternate medium on the labels, defect tags or lockout tags.

  • SOR/96-525, s. 1.
 
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