Canada–Newfoundland and Labrador Offshore Area Occupational Health and Safety Regulations (SOR/2021-247)

Marginal note:Emergency lighting

• 74 (1) Every employer must ensure that each workplace under its control that is a marine installation or structure is equipped with an emergency lighting system that

  • (a) turns on automatically if the primary lighting system fails; and

  • (b) provides sufficient dependable illumination to enable all emergency measures to be carried out, including emergency shutdown procedures and evacuation of persons from the workplace.

• Marginal note:Verification

  (2) The employer must ensure that the emergency lighting system is verified to be in working order at least once a month.

Marginal note:Handling, storage and disposal

75 Every employer must ensure that lighting components and bulbs at each workplace under its control are handled, stored and disposed of in accordance with the manufacturer’s instructions and in a manner that does not pose a risk to any person.

PART 15Sound Levels

Marginal note:Unimpeded communication

76 Every employer must ensure that sound levels at each workplace under its control do not impede communication during normal or emergency operations.

Marginal note:Noise

• 77 (1) Excessive noise is a prescribed risk for the purpose of paragraph 205.02(2)(a) of the Act and every employer must ensure, with respect to each workplace under its control, other than an underwater area, that

  • (a) noise surveys are carried out in accordance with CSA Group standard Z107.56, Measurement of noise exposure;

  • (b) to the extent feasible, the threshold limit value for sound is not exceeded; and

  • (c) if it is not feasible to reduce sound levels at the workplace to within the threshold limit value,

    • (i) signs are posted at the entrances to or on the periphery of areas where employees may be exposed to excessive sound levels that clearly indicate the presence of a noise hazard and identify the personal protective equipment that is required in that area, and

    • (ii) every employee at the workplace undergoes an audiometric test every two years, or more frequently as recommended by an audiologist or occupational physician.

• Marginal note:Survey results

  (2) The employer must retain the results of all noise surveys for at least 10 years after the day on which they were carried out.

• Marginal note:Instruction and training

  (3) The instruction and training that every employer must provide to its employees includes instruction and training on the risks posed by excessive noise.

PART 16Ventilation

Marginal note:Air quality

• 78 (1) Poor air quality is a prescribed risk for the purpose of paragraph 205.02(2)(a) of the Act and every employer must ensure that all contaminants in the air at each workplace under its control are kept below the applicable threshold limit values, including — if the workplace is a marine installation or structure — through the installation, use, maintenance and testing of appropriate ventilation systems and other engineering controls.

• Marginal note:Local exhaust ventilation

  (2) The ventilation systems must, if feasible, include local exhaust ventilation systems where necessary to prevent contaminants from entering an employee’s breathing zone while the employee is working.

Marginal note:Ventilation system

79 Every employer must ensure, with respect to any ventilation system installed at a workplace under its control, that

• (a) it is equipped with a device that provides a warning if the system is not working properly;

• (b) all contaminants that it removes are exhausted clear of the area from which they are drawn and prevented from entering any work area or accommodations area;

• (c) it and any humidification equipment that forms a part of it

  • (i) are constructed and maintained in a manner that minimizes the growth and dissemination through the system of micro-organisms, insects and mites, and

  • (ii) if feasible, are readily accessible for cleaning and inspection; and

• (d) unless it is installed in an accommodations area, its minimum ventilation rate conforms to American Conference of Governmental Industrial Hygienists standard Industrial Ventilation: A Manual of Recommended Practice for Design.

Marginal note:Internal combustion engine

80 If mobile equipment powered by an internal combustion engine is operated indoors or in an enclosed work area, the employer with control over the workplace at which it is operated must ensure that the engine is maintained in a manner that ensures conformity with the requirements of American Conference of Governmental Industrial Hygienists standard Industrial Ventilation: A Manual of Recommended Practice for Design relating to vehicle exhaust ventilation.

PART 17Structural Safety

Marginal note:Movement within workplace

81 Every employer must ensure, to the extent feasible, that all persons at each workplace under its control that is a marine installation or structure are able to move around the workplace, including through corridors, without bending, sidling or tripping and must ensure that any changes in floor elevation and ceiling height that pose a risk of injury and cannot be eliminated are clearly marked.

Marginal note:Doors

82 Every employer must ensure, at each workplace under its control that is a marine installation or structure, that

• (a) any swinging door that opens onto a stairway does so over a floor or landing that extends under the full swing of the door; and

• (b) the use of any double-action swinging door that does not permit persons approaching from one side of the door to be aware of persons on the other side is restricted to a single direction.

Marginal note:Guard-rails

83 Any guard-rail that is required under these Regulations must

• (a) include

  • (i) a horizontal rail, cable or chain positioned not less than 90 cm and not more than 1.1 m above the working surface,

  • (ii) unless the guard-rail is located at the top of a fixed ladder, one or more additional horizontal rails, cables or chains positioned below the one referred to in subparagraph (i) so that the distance between the working surface and the nearest rail, cable or chain or between any two adjacent rails, cables or chains does not exceed half the distance between the working surface and the rail, cable or chain referred to in subparagraph (i), and

  • (iii) vertical supports spaced not more than 3 m apart at their centres;

• (b) be capable of withstanding the greater of

  • (i) the maximum load that is likely to be imposed on it, and

  • (ii) a static load of not less than 890 N applied in any direction at any point on the rail, cable or chain referred to in subparagraph (a)(i); and

• (c) be capable of withstanding the effects of fire.

Marginal note:Wall and floor openings and open edges

84 Every employer must ensure that, in any area on a marine installation or structure under its control to which a person might have access,

• (a) every opening in a wall, partition or bulkhead that measures at least 75 cm high and 30 cm wide and from which there is a drop of more than 1.2 m, or that otherwise poses a hazard to any person, and every opening in a floor, platform or deck whose smallest dimension measures at least 30 cm is

  • (i) protected by a guard-rail, or

  • (ii) covered with material that is

    • (A) securely fastened to a supporting structural member of the marine installation or structure, and

    • (B) capable of withstanding all loads that are likely to be imposed on it; and

• (b) every other open edge from which there is a drop of more than 1.2 m, other than on a helicopter deck, is protected by a guard-rail.

Marginal note:Open-top enclosures

• 85 (1) Every employer must ensure, at each workplace under its control, that, if an employee has access to the top of a bin, hopper, tank, vat, pit or similar enclosure with an opening at the top that is large enough for a person to fit through,

  • (a) the enclosure’s opening is covered with a grating, screen or other covering; or

  • (b) there is a walkway over or adjacent to the opening that is not less than 50 cm wide and is fitted with guard-rails.

• Marginal note:Support capability

  (2) The grating, screen, covering or walkway must be capable of supporting the greater of

  • (a) the maximum load that is likely to be imposed on it, and

  • (b) a live load of 6 kN.

• Marginal note:Access to inside

  (3) If an employee is required to access the inside of an open-top enclosure from its top, the employer must ensure, if feasible, that there is a fixed ladder on the inside wall of the enclosure that permits the employee to safely enter and exit.

Marginal note:Structural openings

86 Every employer must ensure, before any opening is made in the structure of a marine installation or structure under its control, including in any floor or wall, that the locations of all pipes, cable and conduits in the area where the opening is to be made are clearly marked.

PART 18Equipment, Machines and Devices

Marginal note:Requirements

• 87 (1) Every operator and employer must ensure, with respect to any equipment, machine or device that that operator or employer provides for use at a workplace, including any part of or accessory used with one of those things, that

  • (a) only a competent person installs, assembles, uses, handles, stores, adjusts, modifies, maintains, repairs, inspects, tests, cleans or dismantles it;

  • (b) the activities referred to in paragraph (a) are carried out in accordance with its manufacturer’s instructions and, if they are carried out outdoors, having regard to existing environmental conditions;

  • (c) the manufacturer’s instructions respecting its operation and maintenance are made readily available to any person carrying out an activity referred to in paragraph (a);

  • (d) adequate space is provided around it to allow the activities referred to in paragraph (a) to be carried out safely;

  • (e) it is subject to

    • (i) a brief visual inspection before each use by the person using it, and

    • (ii) a thorough safety inspection at least once each year if

      • (A) its purpose is to preserve or protect life,

      • (B) its use would, in the absence of any hazard control measures, pose a risk to the health or safety of persons at the workplace, or

      • (C) it is subject to degradation over time that could affect its safety;

  • (f) any person who maintains, repairs, modifies, tests or inspects it — other than by carrying out a brief visual inspection — makes and signs a record that clearly identifies the equipment, machine or device, describes the activity carried out and provides the person’s name, the date of the activity and, if applicable, the person’s observations regarding the safety of the equipment, machine or device;

  • (g) no person uses it in a manner that may compromise the health or safety of a person at the workplace, including by

    • (i) maintaining, repairing or cleaning any powered equipment, machine or device while it is operational, or

    • (ii) operating any equipment, machine or device that is equipped with a guard while the guard is not in its proper position; and

  • (h) no person intentionally tampers or interferes with it such that the health and safety of any person at the workplace could be compromised, including, unless done in accordance with these Regulations, by impairing or rendering inoperative a safety device or system that is used with it.

• Marginal note:Records

  (2) The operator or employer that provides the equipment, machine or device must

  • (a) retain the records referred to in paragraph (1)(f), as well as a record setting out the date that they acquired the equipment, machine or device, until the day that is five years after the day on which the equipment, machine or device is taken out of service at the workplace; and

  • (b) ensure that those records are made readily available to any person who uses, inspects, tests, maintains, repairs or modifies the equipment, machine or device.

• Marginal note:Exception — maintenance, repair or cleaning

  (3) Despite subparagraph (1)(g)(i), a person is permitted to maintain, repair or clean a powered piece of equipment, machine or device while it is operational if

  • (a) its continued operation is essential to the maintenance, repair or cleaning; and

  • (b) if feasible, the energy source for any of its parts whose operation is not essential is controlled in accordance with Part 27 or those parts are equipped with guards.

• Marginal note:Exception — use without guard

  (4) Despite subparagraph (1)(g)(ii), a person is permitted to operate any equipment, machine or device without its guard in the proper position if necessary to

  • (a) permit the release of any part of a person that is trapped in the equipment, machine or device; or

  • (b) test, maintain, repair or clean the equipment, machine or device if

    • (i) its energy source is, if feasible, controlled in accordance with Part 27, and

    • (ii) the person who performs the work does not leave the equipment, machine or device until the guard has been replaced and verified to be functioning properly.

• Marginal note:Alternative procedures

  (5) Every employer must establish — and must instruct all employees to follow — procedures for minimizing the risk of injury if equipment, machines or devices at a workplace under the employer’s control must be maintained, repaired, cleaned or tested while operational and without a guard in place and it is not feasible to control their energy source as described in paragraph (3)(b) or subparagraph (4)(b)(i).