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

• 115 (1) Every vessel that is engaged on an unlimited voyage, a near coastal voyage, Class 1 or an international voyage of more than three days’ duration, other than an inland voyage, must carry a medicine chest, medical equipment and the most recent edition of the International Medical Guide for Ships, published by the World Health Organization.

• (2) The medicine chest and its contents, as well as the medical equipment and the International Medical Guide for Ships must be properly maintained and inspected at regular intervals of not more than 12 months by a qualified person to ensure that supplies and medicines are properly stored and labelled with directions for their use and their expiry date, that all equipment functions as required and that all supplies and medicines have not reached or exceeded their expiry dates and are not set to expire before the next scheduled inspection date.

• (3) Every medicine chest must be

  • (a) accessible when an employee is on board the vessel; and

  • (b) clearly identified by a conspicuous sign.

• (4) The employer must provide and maintain a medicine chest with supplies and medicine in accordance with the recommendations of the most recent version of the International Medical Guide for Ships, taking into consideration the particulars of the intended voyage.

116 If 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 must be provided for immediate use by employees or, if it is not feasible to do so, portable equipment must be provided.

Transportation

117 Before assigning employees to a detached work place, the employer must provide them with the following for that work place:

• (a) suitable means of transporting an injured employee to the vessel, 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 vessel.

Posting of Information

• 118 (1) Subject to subsection (2), an employer must post and keep posted in a conspicuous place accessible to every employee on board a vessel

  • (a) a description of the first aid to be rendered for any injury, disabling injury or illness; and

  • (b) information regarding the location of medicine chests.

• (2) At a detached work place, the information referred to in subsection (1) must be kept inside the first aid kit referred to in section 114.

Records

• 119 (1) If an injured or ill employee reports for first aid to a person in accordance with section 110 or if a person who holds a first aid certificate renders first aid to an employee, the person must

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

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

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

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

    • (iv) a brief description of the injury, disabling injury 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 must keep a first aid record for a period of two years after the day on which information is entered in it.

PART 7Hazard Prevention Program

Development

120 The employer must, in consultation with and with the participation of the policy committee, or, if there is no policy committee, the work place committee or the health and safety representative, develop, implement and monitor a program for the prevention of hazards, including ergonomics-related hazards, in the work place that is appropriate to the size of the work place and the nature of the hazards and that includes the following components:

• (a) an implementation plan;

• (b) a hazard identification and assessment methodology;

• (c) hazard identification and assessment;

• (d) preventive measures;

• (e) employee training; and

• (f) a program evaluation.

Implementation Plan

• 121 (1) The employer must

  • (a) develop an implementation plan that specifies the time frame for each phase of the development and implementation of the prevention program;

  • (b) monitor the progress of the implementation of the preventive measures; and

  • (c) review the time frame of the implementation plan regularly and, if necessary, revise it.

• (2) In implementing the prevention program, the employer must ensure, if feasible, that ergonomics-related hazards are identified and assessed and that they are eliminated or reduced, as required by subsection 124(1), and that any person assigned to identify and assess ergonomics-related hazards has the necessary instructions and training.

Hazard Identification and Assessment Methodology

• 122 (1) The employer must develop a hazard identification and assessment methodology, including an identification and assessment methodology for ergonomics-related hazards, taking into account the following documents and information:

  • (a) any hazardous occurrence investigation reports;

  • (b) first aid records and minor injury records;

  • (c) work place health protection programs;

  • (d) results of any work place inspections;

  • (e) any employee reports made under paragraph 126(1)(g) or (h) of the Act or under section 275;

  • (f) any government or employer reports, studies and tests concerning the health and safety of employees;

  • (g) any reports made under the Safety and Health Committees and Representatives Regulations;

  • (h) the record of hazardous substances; and

  • (i) any other relevant information, including ergonomics-related information.

• (2) The hazard identification and assessment methodology must include

  • (a) the steps and time frame for identifying and assessing the hazards;

  • (b) the keeping of a record of the hazards; and

  • (c) a time frame for reviewing and, if necessary, revising the methodology.

Hazard Identification and Assessment

• 123 (1) The employer must identify and assess the hazards in the work place, including ergonomics-related hazards, in accordance with the methodology developed under section 122 and taking into account

  • (a) the nature of the hazard;

  • (b) in the case of ergonomics-related hazards, all ergonomics-related factors, such as

    • (i) the physical demands of the work activities, the work environment, the work procedures, the organization of the work and the circumstances in which the work activities are performed, and

    • (ii) the characteristics of materials, goods, persons, animals, things and workspaces and the features of tools and equipment;

  • (c) the employees’ level of exposure to the hazard;

  • (d) the frequency and duration of the employees’ exposure to the hazard;

  • (e) the effects, real or apprehended, of the exposure on the health and safety of the employee;

  • (f) the preventive measures in place to address the hazard;

  • (g) any employee reports made under paragraphs 126(1)(g) or (h) of the Act or under section 275; and

  • (h) any other relevant information.

• (2) The employer must assess a cargo hold in accordance with subsection (1) to determine if it is a confined space and each time there is a change in conditions that may create a hazard.

Preventive Measures

• 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.

Employee Training

• 125 (1) The employer must provide each employee with health and safety training, including training relating to ergonomics, which 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 training

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

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

• (3) The employer must review the employee training 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 training, 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 training 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.

Program Evaluation

• 126 (1) The employer must evaluate the effectiveness of the hazard prevention program, including its ergonomics-related components, 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.

• (2) The evaluation of the effectiveness of the prevention program must be based on the following documents and information:

  • (a) conditions related to the work place and the activities of the employees;

  • (b) any work place inspection reports;

  • (c) any hazardous occurrence investigation reports;

  • (d) any safety audits;

  • (e) first aid records and any injury statistics, including records and statistics relating to ergonomics-related first aid and injuries;

  • (f) any observations of the policy and work place committees, or the health and safety representative, on the effectiveness of the prevention program; and

  • (g) any other relevant information.

Reports and Records

• 127 (1) If a program evaluation has been conducted under section 126, the employer must prepare a program evaluation report.

• (2) The employer must keep every program evaluation report for a period of six years after the day on which the report is prepared and make it readily available for examination for that period.

PART 8Diving Operations

128 The employer must ensure that all diving operations from a vessel meet the same requirements as those set out in Part XVIII of the Canada Occupational Health and Safety Regulations.

PART 9Persons Transfer Apparatus

Interpretation

129 The following definitions apply in this Part.

boatswain’s chair

boatswain’s chair means a single-point adjustable suspension scaffold consisting of a seat or sling designed to accommodate one employee in a sitting position. (chaise de gabier)

persons transfer apparatus

persons transfer apparatus includes a platform, bucket, landing boom or basket or boatswain’s chair designed specifically for the purpose of transporting, lifting, moving and positioning persons. (appareil de transbordement de personnes)

Application

130 This Part applies to every persons transfer apparatus used for the purpose of carrying persons on board a vessel, and every safety device attached to that apparatus.

Standards

• 131 (1) Every persons transfer apparatus and every safety device attached to it must

  • (a) if feasible, meet the standards set out in the applicable standard referred to in subsection (2); and

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

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

  • (a) elevators, dumbwaiters and escalators is ASME A17.1-2007/CSA B44-07, Safety Code for Elevators and Escalators, and CSA Standard CAN/CSA-B44.1/ASME-A17.5-04, Elevator and Escalator Electrical Equipment;

  • (b) manlifts is CSA Standard CAN/CSA-B311-02, Safety Code for Manlifts;

  • (c) personnel hoists is CSA Standard CAN/CSA-Z185-M87 (R2006), Safety Code for Personnel Hoists;

  • (d) lifts for persons with physical disabilities is CSA Standard CAN/CSA B355-00 (R2005), Lifts for Persons with Physical Disabilities;

  • (e) descent control devices is CSA Standard Z259.3-99 (R2004), Descent Control Devices; and

  • (f) landing booms is the most recent edition of The Seaway Handbook, issued by St. Lawrence Seaway Management Corporation.