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Occupational Health and Safety Directive

Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.

This directive is now hosted by the National Joint Council, where it was co-developed by participating bargaining agents and public service employers. The document has not been changed.
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Part I - General

Preamble

(This preamble is for information purposes and does not form part of the formal directive.)

The National Joint Council (NJC hereafter) is working towards the amalgamation of all occupational health and safety (OHS hereafter) directives. Therefore the Refusal to Work Directive (currently Part XVII) and the Committees and Representatives Directive (currently Part XVIII) are now amalgamated.

The NJC Occupational Health and Safety Directive (the OHS Directive hereafter) contains enhancements to the Canada Labour Code Part II (the Code hereafter) [http://laws.justice.gc.ca/en/showdoc/cs/L-2/bo-ga:l_II//en#anchorbo-ga:l_II]. For a full understanding of overall responsibilities, the directive should be read in concert with the appropriate sections of the Code, and its pursuant applicable regulations.

The corresponding references to the CanadaOccupational Health and Safety Regulations (COHSR hereafter) [http://laws.justice.gc.ca/en/showtdm/cr/SOR-86-304//?showtoc=&instrumentnumber=SOR-86-304] have been inserted in brackets for your convenience.

In addition, the parties should note that the Health and Safety Committees and Representatives (HSCR) Regulations [http://laws.justice.gc.ca/en/showtdm/cr/SOR-86-305], the Marine Occupational Health and Safety (MOHS) Regulations [http://laws.justice.gc.ca/en/L-2/SOR-87-183], the Aviation Occupational Health and Safety (AOHS) Regulations [http://laws.justice.gc.ca/en/ShowTdm/cr/SOR-87-182], the On Board Trains Occupational Health and Safety (OBTOHS) Regulations, [http://laws.justice.gc.ca/en/L-2/SOR-87-184], the Oil and Gas Occupational Health and Safety (OGOHS) Regulations, [http://laws.justice.gc.ca/en/L-2/SOR-87-612], and the Non-smokers' Health Regulations [http://laws.justice.gc.ca/en/showtdm/cs/N-23.6] may also apply.

There are also hyperlinks to websites, which will give the reader additional information on technical subjects. That information, however, does not form part of this directive.

Finally, this directive also aims at complementing the occupational health and safety programs found in the federal public service. Like the legislation, it should be considered as a minimum standard that can be exceeded by an employer's occupational health and safety program.

General

Collective Agreement

This directive is deemed to be part of collective agreements between the parties to the National Joint Council (NJC) and employees are to be afforded, by their employer, ready access to this directive, the Code, and its pursuant applicable regulations.

Grievance Procedure

In cases of alleged misinterpretation or misapplication arising from this directive, the grievance procedure, for all represented employees within the meaning of the Public Service Labour Relations Act, will be in accordance with section 15 (Resolution of Grievances) of the National Joint Council By‑Laws [http://www.njc-cnm.gc.ca/doc.php?sid=28&lang=en]. For unrepresented employees, the departmental grievance procedure applies.

Jurisdiction

The NJC grievance procedure can be used to file a grievance for any language in the directive that provides additional protection to the Code. It shall not be used if any alternative administrative redress procedure is available under the Code.

Effective Date

This directive takes effect on April 1, 2008, unless otherwise specified.

Application

This directive applies to:

  1. all departments and other portions of the Public Service of Canada listed in Schedules I and IV of the Financial Administration Act; and
  2. any employer listed in Schedule V of the Financial Administration Act that is a member of the NJC and that has opted to follow this directive.

The employer recognizes that the Code and its pursuant applicable regulations are the minimum standard with which the employer will comply.

The Code and its pursuant applicable regulations (version in force on April 1, 2008) are incorporated in this directive.

Definitions

"appropriate standard" (norme appropriée) means a standard or standards, as amended from time to time, to the extent that the most recent standard provides the highest level of safety. If more than one standard meets this criterion, the standard or standards shall be selected using the following order of precedence:

  1. standard prescribed by the Code and its pursuant applicable regulations;
  2. standard prescribed by provincial and territorial occupational health and safety acts and regulations;
  3. any standard that has been accepted, developed, approved, prepared, published, and/or maintained by an accredited organization that assumes such responsibility, i.e. the Standards Council of Canada (SCC) (and the standards development organization for the Canadian Standards Association (CSA) of the SCC) and the International Organization for Standardization (ISO);
  4. standard developed by a government organization with regard to a subject area within their jurisdiction (e.g., Health Canada, Transport Canada and Environment Canada);
  5. standard developed by an association recognized by a majority of qualified practitioners in the field to which the standard is addressed (e.g., American Society of Heating, Refrigerating and Air-Conditioning Engineers [ASHRAE]);
  6. standard universally accepted by a majority of qualified practitioners.

"employer" (employeur) in this directive means a department, agency or separate employer that is a member of the NJC and that has opted to follow this directive;

"field party" (équipe de travail sur le terrain) means a field survey or field operations party, or a party operating in an area which is generally more than two hours travel time, by usually available transportation, from the nearest medical facility. However, in any unusual circumstances, an employer may apply this term to parties operating at locations less than two hours travel time from such a facility;

"person in charge" (personne responsable) means a qualified person appointed by management to ensure the safe and proper conduct of an operation or of the work of employees;

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

"workplace" (lieu de travail) means any place where an employee is engaged in work for the employee's employer.

Resolving "Qualified Person" Disputes

Where there is a dispute regarding the term "qualified person," the following procedure shall be implemented:

  1. The employee shall raise the matter directly with the person in charge.
  2. The person in charge shall review the employee's qualifications and decide upon the employee's status as a qualified person.
  3. If the employee is dissatisfied with the decision, the matter shall be referred to the workplace committee.
  4. The workplace committee shall review the matter and make recommendations to the person in charge, no later than 30 calendar days from the date the committee received and considered the matter.
  5. If the workplace committee does not consider itself competent to deal with the case, it shall recommend an acceptable third party to the person in charge no later than 30 calendar days from the date the committee received and considered the matter.
  6. The person in charge shall, pursuant to (d) or (e), take the recommendations into consideration; render, in writing a final management decision, including the rationale for their decision; and undertake the appropriate action no later than 30 calendar days from the date a decision was rendered by the workplace committee or acceptable third party.

When an employee does not agree with the final decision rendered, a grievance may be initiated pursuant to the NJC redress procedure (Section 15 of the National Joint Council By‑Laws [http://www.njc-cnm.gc.ca/doc.php?sid=28&lang=en]).

Part II - Permanent Structures and Safe Occupancy of the Workplace (Use and Occupancy of Buildings)

Scope

This part of the directive enhances and/or supplements Part II of the Code [http://laws.justice.gc.ca/en/showdoc/cs/L-2/bo-ga:l_II/en/en#anchorbo-ga:l_II], and Part II (Permanent Structures) [http://laws.justice.gc.ca/en/showdoc/cr/SOR-86-304/bo-ga:l_II//en#anchorbo-ga:l_II] and Part XVII (Safe Occupancy of the Workplace) [http://laws.justice.gc.ca/en/showdoc/cr/SOR-86-304/bo-ga:l_XVII//en#anchorbo-ga:l_XVII] of the COHSR and should be read in that context.

2.1 Workplace Occupancy

2.1.1 The requirements specified in the most current version of the National Fire Code of Canada [http://www.nationalcodes.ca/nfc/index_e.shtml] shall be applied at every workplace occupied by employees.

2.1.2 The employer, in consultation with the appropriate occupational health and safety (OHS hereafter) committee, will ensure that workplaces, work stations and work processes meet the appropriate standard with respect to ergonomics. An ergonomic assessment shall be performed by a qualified person and any recommendations from that assessment, approved by the employer, shall be implemented in a timely manner.

However, if either the employer or the employee disagrees with any recommendation made by the qualified person, they shall submit the rationale for their disagreement to the other party, in writing, within 30 calendar days of the receipt of the recommendation.

2.1.3 Matters respecting office accommodation, particularly where occupancy of a new or renovated office accommodation is planned, shall be the subject of consultation between management and employees or employee representatives throughout the planning of the implementation process. Employees or employee representatives shall have access, for consultation, to a copy of the planned and retained floor plan.

2.2 Environmental Conditions

2.2.1 To the extent practicable, the environmental conditions to be maintained in office buildings shall conform to the requirements specified in the appropriate standard.

2.2.2 In office accommodation, air (dry bulb) temperatures during working hours should be maintained within the 20oC to 26oC range, which is the ideal temperature operating range. Temperatures between 17oC and 20oC and above 26oC can be uncomfortable, and occupancy should not exceed three hours daily, or 60 hours annually, in each of these extremes. Temperatures above 26oC are deemed to be uncomfortable when the humidex reading (Appendix A) at a given temperature equals 40 oC or less; more than 40 oC being considered dangerous.

Temperatures shall be measured at desk-top level in those spaces within work stations that would be occupied by employees while they are carrying out the major part of their normal duties.

  1. With regard to the uncomfortable range of temperatures described above, it is the responsibility of the employer to take appropriate action to ensure that environmental conditions do not subject employees to undue stress or discomfort. Any corrective measures shall be shared with the health and safety committee. If the employer has not resolved the problem adequately, an emergency meeting of the workplace committee shall be convened following a request by either party of the committee. Corrective measures to be considered include, among others, increasing the frequency of rest periods and temporarily relocating employees to work stations outside the affected area.
  2. An unsatisfactory condition is deemed to exist when the humidex reading exceeds 40 oC (Appendix A), or when the air temperature (dry bulb) falls below 17oC. In these cases, operations shall be stopped and employees shall be released from the workplace if relocation is not practicable. If instrumentation capable of accurately measuring the humidex is not practically available within one hour of a complaint being made, a temperature of 29oC or above shall be considered unsatisfactory.

2.2.3 For the purposes of paragraph 2.2.2, conditions shall not be intentionally permitted to enter the marginal zones of 17oC to 20oC and 26oC to 29oC. Such conditions should only result from occurrences over which employers have no direct control, such as weather extremes or equipment failures.

2.3 Hot surfaces

2.3.1 Steam and hot water pipes, heaters and any other hot surfaces having surface temperatures that could injure a person through bodily contact shall be guarded or covered in such a manner as to prevent such direct contact. Where asbestos lagging is used for insulation purposes, the requirements contained in the appropriate standard shall be followed and affected employees must be informed.

2.4 Open Top Bins, Hoppers, Vats and Pits

2.4.1 Where, due to the temporary removal of any cover, an opening is created into which persons may fall, barriers shall be securely placed around such openings to protect and warn persons of the hazard.

2.5 Ladders, Stairways and Ramps

2.5.1 Every ramp, walkway, platform or safety landing shall be fitted with railings and guards as recommended in the appropriate standard.

2.5.2 A fixed ladder that is more than 6 m in length shall be fixed with a cage, starting at 2 m above the base level of the ladder, in such a manner that it will catch an employee who loses his or her grip and falls backward, or sideways, off the ladder.

2.5.3 A fixed ladder that is more than 9 m in length shall have, at intervals of not more than 6 m, a landing or platform that:

  1. is at least 0.36 sq. m. in area; and
  2. is fitted with a guardrail at its outer edges.

2.5.4 A fixed ladder shall be:

  1. vertical;
  2. securely held in place at the top and bottom and at intermediate points not more than 3 m apart; and
  3. fitted with:
    1. rungs that are at least 15 cm from the wall and spaced at intervals not exceeding 30 cm; and
    2. side rails that extend not less than 90 cm above the landing or platform.

2.5.5 Every ramp shall have the minimum slope that is reasonable for the purpose for which it is used. In no case shall the gradient exceed:

  1. the safe gradient recommended by the manufacturer of mobile equipment used on the ramp; or
  2. such lesser gradient that is safe, having regard to the mechanical condition of mobile equipment used on the ramp, the weight of the loads transported and the condition of the ramp surface.

2.6 Housekeeping and Maintenance

2.6.1 Nothing shall be left or stored in any passageway, or travelled area, in a manner that may endanger the health and safety of persons, or the safe operation of vehicles moving through that passageway or area.

2.6.2 Where necessary, protection shall be provided from dangerous accumulations of ice that may fall from overhead structures.

2.6.3 Electrical power vaults, switch and generator rooms or enclosures, and other similarly dangerous areas shall be properly identified and kept locked, or otherwise made inaccessible except to authorized persons who are qualified to safely enter or perform work in such areas.

2.6.4 Every building shall be kept in such a state of repair and maintenance so as not to endanger the health and safety of any employee.

2.6.5 The employer shall notify all employees in advance of any planned interruption of the heating, ventilation and air conditioning system (HVAC) in the workplace.

Appendix A

Office Accommodation - Humidex Table for Temperature and Relative Humidity Readings

PART III - Elevated Work Structures

Scope

This part of the directive enhances and/or supplements Part III (Temporary Structures and Excavations) [http://laws.justice.gc.ca/en/L-2/SOR-86-304/31290.html#rid-31439] of the COHSR and should be read in that context.

Application

This part applies to portable ladders, temporary ramps and stairs, temporary elevated work bases used by employees and temporary elevated platforms used for materials.

Definitions

In this directive:

"elevated work structures"(charpente surélevée) means a structure or device that is used as an elevated work base for persons or as an elevated platform for material and includes any scaffold, stage or staging, walkway, decking, bridge, boatswain's chair, tower, crawling board, temporary floor, portable ladder or means of access or egress from any of the foregoing, and any safety net, landing or other device used in connection with such a structure;

"mobile elevated work structure"(charpente surélevée mobile) means a vehicle-mounted aerial device, elevating rolling work platform, boom-type elevating work platform or self-propelled elevating work platform.

3.1 Inspections

3.1.1 A qualified person shall visually inspect each temporary structure prior to each work shift to ensure, insofar as possible by such inspection, that it is safe to use and to ensure that a record of each inspection is made by the person who carried out the inspection.

3.2 Mobile Elevated Work Structures

3.2.1 Departments shall ensure that the design, construction, maintenance and use of every mobile elevated work structure shall comply with the appropriate standard.

3.2.2 To the extent that is practicable, where it is necessary to use or move a mobile elevated work structure with an employee on such a device, the person in charge shall ensure that the device is observed until it is no longer in motion.

3.3 Scaffolds

3.3.1 To the extent that is practicable, the design, construction and use of scaffolds shall meet the requirements of the appropriate standard.

3.4 Excavation

3.4.1 Each excavation in which an employee works shall be safe for use, and be used in a safe and proper manner, and

  1. prior to a work shift, a qualified person shall undertake a safety inspection of each excavation to be used during that shift;
  2. a record of each inspection shall be completed by the person who carried out the inspection;
  3. every record referred to in paragraph (b):
    1. shall be signed by the person who carried out the inspection; and
    2. shall include:
      1. date of the inspection;
      2. identification and location of excavation;
      3. any observation that the person considers relevant to the safety of employees; and
      4. a declaration that in the opinion of the person carrying out the inspection, the excavation is safe for its intended use.

PART IV - Elevating Devices

This part of the directive enhances and/or supplements Part IV (Elevating Devices) [http://laws.justice.gc.ca/en/L-2/SOR-86-304/31290.html#rid-31484] of the COHSR and should be read in that context.

Scope

Notwithstanding the scope of other federal government codes or standards concerning elevating devices, this directive is primarily concerned with occupational safety. This directive shall have application in all government-owned buildings occupied by employees. Where such employees occupy buildings not owned by the federal government, it shall be applied to the maximum extent that is reasonably practical. Privately owned facilities occupied by the public service are expected to comply with the applicable provincial or territorial requirements.

Definitions

In this directive:

"design"(plan) means the plans, patterns, drawings and specifications of an elevating device;

"elevating device"(appareil de levage) means a fixed mechanical device for moving passengers or freight, and includes an elevator, dumbwaiter, manlift, escalator, inclined lift, moving sidewalk or other similar device;

"maximum carrying capacity" (capacité maximale de transport) means, with respect to an elevating device, the load that the elevating device is designed and installed to lift safely;

"minister"(ministre) means the Minister of Public Works and Government Services;

"operating authority"(autorité exploitante) means the department or agency responsible for the operation and/or maintenance of an elevating device;

"record of inspection"(dossier d'inspection) means a record prepared by a safety inspector;

"regional director"(directeur régional) means an officer designated by the Minister to administer the safety inspection program in the area in which a public service occupancy or establishment is located;

"safety device"(dispositif de sécurité) means any device intended to aid in preventing the unsafe operation or use of an elevating device or manlift;

"safety inspector" (inspecteur de sécurité) means a qualified person employed by an inspection agency accredited by the Minister to perform safety inspections of elevating devices in public service facilities;

"seal"(fermer) means to take any measures necessary by a qualified person to prevent the unauthorized operation or use of an elevating device.

Requirements

4.1 Installation and Alteration

4.1.1 Upon completion of an inspection after an installation or alteration, the safety inspector shall so advise the regional director.

4.2 Inspection and Testing

4.2.1 The regional director is responsible for ensuring that safety inspections are performed by qualified inspection agencies in accordance with the requirements set out in the Code and this directive.

4.2.2 Safety inspectors shall be provided with accreditation by the Minister identifying them as persons qualified and authorized to perform safety inspections of elevating devices in accordance with this directive.

4.2.3 Operating authorities shall provide to the regional director a list of all elevating devices in their charge which are subject to the requirements of this directive and shall provide prompt notification of any additions or deletions to this list.

4.2.4 Upon the request of a safety inspector conducting an inspection or test pursuant to this directive, the operating authority shall provide that person with an assistant who is capable of taking all precautions necessary to ensure that inspector's safety during the inspection or test and to assist in the safe conduct of the inspection or test.

4.2.5 Where a safety inspector finds, on inspection, that an elevating device is not safe to operate, the inspector shall:

  1. immediately seal the elevating device and inform the operating agency that the use of the elevating device is prohibited;
  2. take possession of or cancel the certificate of inspection, if any; and
  3. advise the regional director.

4.2.6 Upon the discovery of any defect or condition in the elevating device that may render it unsafe to operate, the operating authority shall immediately take the device out of service until repairs have been completed and inspected and a new record of inspection has been issued.

4.2.7 The operating authority shall ensure that the maintenance and repair of elevating devices, or safety devices attached to it, is performed by a qualified person in accordance with standards that comply with good industrial safety practice.

PART V - Boilers and Pressure Vessels

This part of the directive includes a process whereby the employer (Treasury Board [http://www.tbs-sct.gc.ca/index-eng.asp]) has delegated to the primary custodian of government property (PWGSC [http://pwgsc-tpsgc.gc.ca/text/index-e.html]) the responsibility for establishing contracts, on behalf of all custodian departments, with provincial boiler inspection authorities to ensure that inspections required by the Code, Part II [http://laws.justice.gc.ca/en/L-2/16951.html] are carried out.

Scope

This part of the directive enhances and/or supplements Part V (Boilers and Pressure Vessels) [http://laws.justice.gc.ca/en/L-2/SOR-86-304/31290.html#rid-31501] of the COHSR and should be read in that context.

Definitions

In this directive:

"authorized inspection agency" (organisme d'inspection autorisé) means the provincial or territorial or other inspection agency, which:

  1. employs qualified inspectors;
  2. meets the requirements of an "Authorized Inspection Agency" as defined in Section 3.2 of the American Society of Mechanical Engineers (ASME) Boilers and Pressure Vessels Code [http://www.asme.org/Codes/];
  3. (c) does not contract with any department or agency of the public service for the operation, repair or maintenance of boilers, pressure vessels or piping systems;

"designated inspection agency" (organisme d'inspection désigné) means the provincial, territorial or other inspection agency engaged by the Minister to inspect boilers, pressure vessels or piping systems for specified geographic areas;

"minister" (ministre) means the Minister of Public Works and Government Services;

"operating authority" (autorité exploitante) means the public service department or agency responsible for the operation and/or maintenance of a boiler, pressure vessel or piping system;

"provincial or territorial inspection agency" (organisme d'inspection provincial ou territorial) means the agency responsible for the inspection, certification and registration of boilers, pressure vessels and piping systems under provincial or territorial jurisdiction in the geographical area in which a boiler, pressure vessel or piping system of the public service is located;

"qualified inspector" (inspecteur qualifié) means a person recognized under the laws of the province or territory in which the boiler, pressure vessel or piping system is located as qualified to inspect boilers, pressure vessels and piping systems;

"regional director" (directeur régional) means an officer designated by the Minister to administer the safety inspection program in the area in which a public service occupancy or establishment is located.

5.1 Inspection and Certification of New Installations and Major Repairs

5.1.1 The operating authority shall ensure that the provincial or territorial inspection agency has access to all plans and specifications relating to a new installation or major repair of a boiler, pressure vessel or piping system.

5.1.2 Subject to this section, no boiler, pressure vessel or piping system shall be operated or used following installation or major repair until the boiler, pressure vessel or piping system has been inspected and certified by the provincial or territorial inspection agency (Section 5.10 of the COHSR [http://laws.justice.gc.ca/en/L-2/SOR-86-304/31718.html#section-5.10]).

5.1.3 Where the provincial or territorial inspection agency is not prepared to provide the inspection and certification services referred to in this section, the operating authority shall ensure that the new installation, or major repair, is inspected by an authorized inspection agency and that documentation acceptable to HRSDC/Labour Program is obtained certifying that the newly installed or repaired boiler, pressure vessel or piping system complies with the requirements of this directive and with the Code to the extent essential for the health and safety of employees.

5.2 Operation

5.2.1 No person shall operate or use, or permit to be operated or used, a boiler, pressure vessel or piping system:

  1. unless it has been inspected by a qualified inspector in accordance with the requirements set out in 5.4 and a valid record of inspection has been issued in respect of that boiler, pressure vessel or piping system;
  2. unless every operator thereof is qualified in accordance with this section; and
  3. at a pressure higher than its maximum allowable pressure.

5.2.2 The operating authority shall ensure that:

  1. where two or more boilers or pressure vessels are connected to each other in a plant for use at a common operating pressure, they are each fitted with one or more safety valves or other approved equivalent fittings to relieve pressure at or below the maximum allowable pressure of the weakest boiler or pressure vessel in the plant as shown on the certificate of inspection for that boiler or pressure vessel;
  2. no person alters, interferes with or renders inoperative any fitting attached to a boiler, pressure vessel or plant, except for the purpose of adjusting or testing the fitting, and on instructions from the inspection agency (Section 5.5 of the COHSR [http://laws.justice.gc.ca/en/L-2/SOR-86-304/31718.html#section-5.5]).

5.2.3 The standards for control and supervision of the operation of boilers, pressure vessels and piping systems located in a province or territory are those standards established under the applicable provincial or territorial statute or ordinance.

5.2.4 Subject to the provisions of this section, the qualifications and requirements of an operator of a boiler, pressure vessel or piping system are those qualifications and requirements established under the applicable provincial or territorial statute or ordinance.

5.2.5 Any person employed as an operator who holds a valid Certificate of Qualification issued by any province or territory or a federal agency authorized to do so is considered qualified to operate a boiler, pressure vessel or piping system in any other province or territory for which an equivalent certificate is required.

5.3 Inspections – General

5.3.1 The Minister shall designate a provincial, territorial or other authorized inspection agency to carry out safety inspections of boilers, pressure vessels and piping systems for specified geographical areas.

5.3.2 The designated inspection agency shall assign qualified inspectors to perform safety inspections of boilers, pressure vessels and piping systems in its geographical area.

5.3.3 Qualified inspectors employed by the designated inspection agency shall be furnished with accreditation by the Minister identifying them as safety inspectors authorized to carry out the inspections. On producing their credentials, they shall, at any reasonable time, be permitted access to public service facilities in order to inspect any boiler, pressure vessel or piping system.

5.3.4 Operating authorities shall provide to the regional director a list of all boilers, pressure vessels and piping systems in their charge that are subject to the requirements of this directive and shall provide prompt notification of any additions or deletions to this list.

5.3.5 The operating authority shall ensure that, during any inspection of a boiler, pressure vessel or piping system, there is a person in attendance who is capable of taking all the necessary precautions to ensure the safety of the person making the inspection.

5.3.6 The factor of safety for a high pressure lap-seam riveted boiler shall be increased by at least 0.1 each year after 20 years of use and, if the boiler is relocated at any time, it shall not be operated at a pressure greater than 102 kPa.

5.4 Inspection and Testing - Halon Systems [http://www.ec.gc.ca/ozone/docs/sands/halons/en/cop/p3.cfm]

5.4.1 Subject to this section, halon containers shall not be recharged without carrying out a test of container strength and a complete visual inspection if more than five years have elapsed since the date of the last test and inspection.

5.4.2 Subject to this section, halon containers that have been continuously in service without discharging may be retained in service for a maximum of 20 years from the date of the last test and inspection, at which time they will be emptied, retested, subjected to a complete visual inspection and re-marked before being put back in service.

5.4.3 Where halon containers have been subjected to unusual corrosion, shock or vibration, a visual inspection and a test of container strength shall be carried out.

5.4.4 Halon containers shall be tested by non-destructive test methods such as hydrostatic testing and shall be thoroughly dried before being filled.

(For additional information, see the following Environment Canada website: [http://www.qc.ec.gc.ca/dpe/Anglais/dpe_main_en.asp?prev_fiche_rfh_2003].)

5.5 Records

5.5.1 The operating authority shall keep every record referred to in this section, for a period of at least 10 years after the inspection is made, at the workplace in which the boiler pressure vessel or piping system is located.

5.5.2 The inspector shall also direct that the boiler, pressure vessel or piping system be sealed in the manner prescribed, cancel the existing record of inspection and advise the regional director.

5.5.3 Where the use of a boiler, pressure vessel or piping system has been prohibited, and the inspection agency is of the opinion that it cannot be repaired or the operating authority does not wish to have it repaired, the operating authority shall specify a method of disposal that will effectively prevent its further use in the public service.

5.5.4 Upon the discovery of any condition in a boiler, pressure vessel or piping system that may make its operation unsafe, the operating authority shall immediately notify the authorized inspection agency.

PART VI

No NJC occupational health and safety directive or standards correspond with Part VI (Lighting) of the COSHR.

PART VII - Noise Control (Levels of Sound)

Scope

This part of the directive enhances and/or supplements Part VII (Levels of Sound) [http://laws.justice.gc.ca/en/L-2/SOR-86-304/31605.html#rid-31617] of the COHSRand should be read in that context.

7.1 A copy of the signed report of any noise exposure investigation shall be given to the appropriate workplace health and safety committee.

7.2 Departments shall ensure that employees exposed to a noise exposure level (Lex 8) equal to or greater than 84 dBA have their hearing level tested, including the required audiograms, in accordance with the requirements outlined in the Occupational Health Evaluation Standard.

7.3 Audiogram test results shall be permanently retained on employees' medical files.

Appendix A

Maximum permitted duration of exposure to A-weighted sound pressure level at the workplace

Level dBA

Maximum duration of exposure in hours per employee per 24 hours

83

20

84

16

85

13

86

10

87

8.0

88

6.4

89

5.0

90

4.0

91

3.2

92

2.5

93

2.0

94

1.6

95

1.3

96

1.0

97

0.80

98

0.64

99

0.50

100

0.40

101

0.32

More than 102

0.00

PART VIII - Electrical Safety

This part includes information on the effect of electrical current on the human body.

Scope

This part of the directive enhances and/or supplements Part VIII (Electrical Safety) [http://laws.justice.gc.ca/en/L-2/SOR-86-304/31605.html#rid-31657] of the COHSR and should be read in that context.

Exceptions

This part does not apply to hearing aids, watches or other electrically powered devices that have an amperage and voltage that are not dangerous to employees.

Definitions

"ampacity" (ampacité) means current-carrying capacity expressed in amperes.

"safety ground or safety grounding"(prise de terre de sécurité ou mise à la terre de sécurité) means a system of conductors, electrodes and clamps, connections or devices that electrically connect an isolated electrical facility to ground for the purpose of protecting employees working on the facility from dangerous electrical shock.

8.1 Design, Construction, Installation, Operation, Use, Repair, Maintenance and Alteration

8.1.1 Where practicable, plans and specifications for new electrical facilities and/or major alterations to existing facilities, including plans relating to the installation or relocation of equipment and the location and siting of work areas, shall be submitted to the appropriate municipal or provincial agency for review and comment prior to the commencement of such work.

8.2 General Precautions

8.2.1 Where employees are working on or near electrical equipment that is live, or is capable of becoming live, the person in charge shall ensure that the electrical equipment is guarded and warning signs attached.

8.3 Consent to Work on High-voltage Electrical Equipment

8.3.1 Except where the operation of the equipment is necessary to prevent loss of life, serious injury or extensive damage to property or equipment, no employee shall be permitted to work on any high- voltage electrical equipment without the written consent of the person in charge.

8.3.2 Unless authorized by the person in charge, no employee, other than a qualified person, shall enter alone or be permitted to enter any part of an electrical vault or station in which live high-voltage electrical equipment is installed.

8.4 Protective Clothing and Equipment

8.4.1 Employees working on electrical equipment shall use such protective and insulated clothing and equipment as is necessary.

8.4.2 No employee shall work on or near live high-voltage electrical equipment unless the employee is wearing outer clothing with full-length sleeves fastened at the wrists and that is fabricated from non-flammable material.

8.5 Safety Watcher

8.5.1 A safety watcher must be a qualified person.

8.6 Poles and Elevated Structures

8.6.1 No employee shall climb or work from a pole or structure that is located near another structure or object, or has affixed to it any thing that is not part of the electrical equipment, which interferes with safe climbing or work.

8.7 Capacitors

8.7.1 Where a capacitor that has an ampacity and voltage that is dangerous to employees is disconnected from its source of electrical energy, no person shall short-circuit or apply a safety ground to the capacitor within five minutes of the time it was disconnected, unless the capacitor is already equipped with an adequate short-circuiting and grounding device.

8.7.2 Measures shall be taken to ensure that no person contacts the terminals of a capacitor referred to in paragraph 8.7.1 unless the terminals are short-circuited and safety-grounded and a safety watcher is present.

8.7.3 The short circuit and safety ground on the capacitor referred to in paragraph 8.7.2 shall remain in position until any work on the capacitor that involves contact by an employee is completed, and all persons are clear of the work area.

8.8 Battery Rooms

8.8.1 Every room or area in which storage batteries that discharge flammable gases are electrically charged shall be adequately ventilated to prevent the accumulation of flammable gases, shall be as free as possible from all sources or causes of ignition, and shall be operated and maintained in accordance with good industrial safety practice.

8.8.2 Each battery charging room or area shall be marked at the entrance with a sign containing the words "Danger – No Smoking or Open Flames" and "Défense de fumer et d'utiliser une flamme nue" or other similar words in letters not less than 50 mm in height on a contrasting background. An approved warning symbol conveying the same meaning as the words specified for the sign may be used instead.

8.9 Switches and Control Devices

8.9.1 High-voltage electrical switches or other control devices shall be installed, operated or used only for the purpose for which that equipment was specifically designed and approved.

8.10 Conductive Equipment

8.10.1 Electrically conductive equipment (such as metal rules, measuring tapes, metallic fish wire, wire-reinforced fabric tape, wire-bound hydraulic hoses, portable metal or metal-reinforced ladders) shall not be used so near to live electrical equipment that such conductive equipment may become live.

8.11 Lightning Protection

8.11.1 Lightning protection devices shall comply with the appropriate standard.

8.12 Guarantees of Isolation for Electrical Equipment

8.12.1 Where the employees working on isolated electrical equipment are divided into two or more crews, each of which is supervised by a person in charge of work on the facility, each person in charge shall obtain a guarantee of isolation before the crew is permitted to begin work.

8.12.2 Where other departments or employers control electrical energy supplied to electrical equipment from more than one source, they may agree that a guarantee of isolation for that electrical equipment, in respect of each source of energy, be given in writing by all parties or by one party on behalf of the others.

8.12.3 The party having been designated pursuant to paragraph 8.12.2 as responsible for giving the guarantee of isolation may designate in writing one or more of its employees to act as the guarantor.

8.12.4 Every agreement referred to in paragraph 8.12.2 shall state:

  1. the identity of the equipment to which the agreement applies;
  2. the period during which the agreement will remain in effect;
  3. the date of the agreement; and
  4. the name of the guarantor or guarantors, as the case may be, and shall be signed by the parties.

8.13 Live Test

8.13.1 Where a guarantee of isolation for the performance of a live test of isolated electrical equipment is given to a person in charge of the test, that person shall, while the test is being performed, be deemed to be the person in charge of the tests and of any other work that is being performed on the equipment while the guarantee is in effect.

8.14 Termination of Guarantee of Isolation

8.14.1 Each record of termination of guarantee of isolation shall show:

  1. the day and hour, according to the 24‑hour clock, when the guarantee of isolation terminated;
  2. the name of the guarantor or any person who has assumed the guarantor's responsibilities;
  3. the person to whom the guarantee of isolation was given; and
  4. the date and hour in accordance with the 24‑hour clock that the guarantor was notified that the guarantee was no longer required.

PART IX - Sanitation

This part of the directive enhances and/or supplements Part IX (Sanitation) [http://laws.justice.gc.ca/en/L-2/SOR-86-304/31739.html] of the COHSR and should be read in that context.

Scope

This part applies in all government-owned buildings. However, where employees occupy buildings not owned by the federal government, this part shall apply to the maximum extent that is reasonably practicable.

Definitions

"change room" (vestiaire) means a room that is used by employees to change from their street clothes to their work clothes and back to their street clothes after work;

"food preparation area" (aire de préparation des repas) means any area that is used for the storage, handling, preparation or serving of food; for example, cafeterias and canteens as defined in Chapter 130 of the Administrative Policy Manual (APM) and as amended from time to time;

"lunchroom" (salle à manger) means a room equipped with tables and chairs in which employees may eat food brought into the premises;

"personal service room"(local servant aux soins personnels) means a change room, toilet room (excluding outdoor toilets), washroom, shower room, lunchroom, living space, sleeping quarters or any combination thereof;

"potable water" (eau potable) means water of a quality which satisfies the standards or requirements of Health Canada for drinking water;

"sanitary condition" (salubre) means that state of any environment, equipment or object that will not render it injurious to health;

"sanitary facility" (installation sanitaire) means a toilet or personal cleansing facility, and may include a toilet, urinal, wash basin and shower bath;

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

"vermin" (vermine) means any insect or rodent pest.

9.1 General Responsibilities

9.1.1 Each personal service room and food preparation area used by employees shall be maintained in a clean and sanitary condition in accordance with Chapter 130 of the APM under which Health Canada is authorized to inspect the premises at any time.

9.2 Care of Premises

9.2.1 All janitorial or other work that may cause dusty or unsanitary conditions shall be performed after normal working hours to the extent that is reasonably practicable.

9.2.2 All cleaning, sweeping and other activities shall be carried out in a manner that will minimize contamination by dust or other injurious substances, and in a manner that will not cause slippery or hazardous conditions.

9.2.3 Dirt and waste material shall not be allowed to accumulate to an extent that causes unsafe or unsanitary conditions.

9.2.4 Each enclosed part of a workplace, each personal service room area and each food preparation area shall be located, constructed, equipped, maintained and isolated in such a manner as to prevent the entry of vermin and animals as well as hazardous substances.

9.2.5 With respect to each personal service room and food preparation area:

  1. the floors, partitions and walls shall have a durable, water-resistant finish and be so constructed that they can be easily washed and maintained in a sanitary condition; and
  2. in any food preparation area or room that contains a sanitary facility, the floor and the lower portion (150 mm) of any walls and partitions that are in contact with the floor shall be watertight and impervious to moisture, and the joint between the walls and the floor shall be covered.

9.2.6 Where a sanitary facility is required on departmental premises, it shall be connected to a municipal sanitary sewer or water main or to both, where it is reasonably practicable to do so, in accordance with the appropriate standard.

9.2.7 With the advice of Health Canada and in consultation with the appropriate health and safety committee(s), departments shall establish contingency procedures for cases in which there is a temporary interruption in the supply of drinking water and water for the removal of water-borne waste.

9.2.8 Where a sanitary facility is required and municipal sewer and/or water systems are not available, a sewer and/or water system shall be installed in accordance with the appropriate standard.

9.3 Toilet Facilities

9.3.1 In workplaces other than offices where there are more than 100 employees of each sex, there shall be six toilets for each sex, plus one additional toilet for each group of 30 employees or fewer.

9.3.2 Urinals may be provided for up to half the number of toilets required for male employees.

9.3.3 Where it is not reasonably practicable to install a water closet-type toilet connected to a sewage disposal system, a chemical recirculating or combustion toilet or an outdoor "privy" may be installed, provided the facility is constructed and maintained in accordance with the appropriate standard.

9.4 Ventilation

9.4.1 Where the ventilation of a food preparation area or a lunchroom is effected by mechanical means, the rate of ventilation shall be the one set out in the appropriate standard.

9.5 Water Quality

9.5.1 Any storage container for drinking water shall be disinfected in a manner approved by Health Canada at least once a week while in use, and before the container is used following storage.

9.5.2 Except where drinking water is provided by a fountain, there shall be:

  1. an adequate supply of single-use drinking cups in a sanitary container located near the water container; and
  2. a non-combustible covered receptacle for the disposal of used drinking cups.

9.5.3 A common drinking cup shall not be used.

9.5.4 Where drinking water is supplied by a drinking fountain, the fountain shall not be installed in a personal service room containing a toilet.

9.6 Clothing Storage

9.6.1 Change rooms shall be provided where the nature of the work engaged in by employees requires them to change from street clothing to work clothing for health, safety or occupational cleanliness reasons.

9.7 Lunchrooms

9.7.1 No person shall eat, prepare or store food:

  1. in a place where a hazardous substance is likely to contaminate food, dishes or utensils;
  2. in a personal service room that contains a toilet, urinal or shower bath;
  3. in any place that is unsuitable for this purpose according to Health Canada;
  4. in laboratories.

9.7.2 Where a lunchroom is provided for employees, dishes or other food utensils shall not be washed in lavatory or sanitary facility wash basins.

9.8 Field Accommodation

9.8.1 An environmental health officer of Health Canada may direct that other measures be taken to maintain sanitary and healthy conditions in a field accommodation.

9.9 Food Preparation, Storage and Serving of Food

9.9.1 In the opinion of an authorized official of Health Canada, where a code, procedure or condition used by a department does not provide a sufficient degree of health protection, or is inappropriate, the official may issue directions in writing to the department concerning the specific codes or procedures to be applied.

9.9.2 Information or advice concerning applicable codes, procedures and good industrial sanitation and health practices with respect to a specific situation may be obtained from the appropriate regional medical services office of Health Canada.

PART X - Hazardous Substances

This directive includes specific provisions for dealing with asbestos and asbestos-containing materials.

Scope

This part of the directive enhances and/or supplements Part X (Hazardous Substances) [http://laws.justice.gc.ca/en/L-2/SOR-86-304/31739.html#rid-31844] of the COHSR and should be read in that context.

10.1 Records of Hazardous Substances

10.1.2 Records of all hazardous substances must be readily accessible to employees and may be retained in the workplaces concerned or as a centralized record that identifies workplace conditions.

10.1.3 Where the department does not control the workplace, these records shall be kept and maintained to the extent possible.

10.1.4 The system developed by departments, in consultation with the workplace health and safety committee, to keep and maintain records of all hazardous substances shall confirm:

  1. the requirement to use the hazardous substance; and
  2. that the decision to use a hazardous substance was made only after determining:
    1. the hazardous substance could not be eliminated; or
    2. a less hazardous substance could not be substituted.

10.2 Hazard Investigation

10.2.1 Where a hazardous substance is present in the workplace, the department shall:

  1. appoint a qualified person to carry out an investigation of the type and extent of the hazard; and
  2. notify the workplace committee of the pending investigation and of the name of the qualified person appointed to carry out that investigation, for the purpose of facilitating the participation of committee members in the investigation.

10.2.2 In additional to the criteria listed in the Regulations, the investigation shall also assess:

  1. whether a medical examination may be required; and
  2. whether a periodic medical examination may be required.

10.3 Medical Examinations

10.3.1 Medical examinations for employees exposed to hazardous substances shall be administered as required in accordance with the Occupational Health Evaluation Standard [http://www.tbs-sct.gc.ca/Pubs_pol/hrpubs/TBM_119/CHAP2_13-eng.asp] issued by the Treasury Board Secretariat.

10.3.2 The cost of a medical examination conducted by a physician acceptable to the employee shall be borne by the employer.

10.4 Ventilation

10.4.1

  1. Departments shall ensure that every fume-hood installed after September 1, 1999 is installed, used, operated and maintained in accordance with the intent of the appropriate standard.
  2. Where the fume-hood was installed before September 1, 1999, the above shall be followed to the extent that is reasonably practicable.

10.5 Control of Hazards

10.5.1 A record of each air sample test required by the Regulation to determine the concentration of an airborne chemical agent shall be retained for at least five years.

10.6 Asbestos Management

10.6.1 An asbestos-management program and code of practice meeting the intent of the appropriate standard shall be followed where material containing asbestos may exist in any building or facility.

10.7 Assembly of Pipes

10.7.1 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) adequate for its intended purpose;

(b) operated only by a person aware of the location of every valve and other control or safety device connected with that system and trained in its proper and safe use; and

(c) if insulated with asbestos-containing materials, conspicuously labelled to identify the substance and to warn of the potential health risk.

10.8 Ionizing and Non-ionizing radiation

10.8.1 The use of devices capable of producing and emitting energy in the form of ionizing or non-ionizing radiation shall comply with the appropriate standard.

PART XI - Confined Spaces

Scope

This part of the directive enhances and/or supplements Part XI (Confined Spaces) [http://laws.justice.gc.ca/en/L-2/SOR-86-304/31919.html#rid-31996] of the COHSR and should be read in that context.

Definitions

In this part:

"confined space"(espace clos) means an enclosed or partially enclosed space that:

  1. is not designed or intended for human occupancy except for the purpose of performing work,
  2. has restricted means of access and egress, and
  3. may become hazardous to an employee entering it due to:
    1. its design, construction, location or atmosphere;
    2. the materials or substances in it; or
    3. any other conditions relating to it, and includes but is not limited to: a tank, silo, storage bin, process vessel or other enclosure not designed or intended for human occupancy, in respect of which special precautions are necessary when an employee is required to enter therein to protect the employee from a dangerous atmosphere, prevent the employee from becoming entrapped in stored material, or otherwise ensure the employee's safety.

"confined-space ship repair" (espace clos dans un navire en réparation), where the confined space relates to ships or vessels in repair, maintenance or refit, 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,

  1. that has poor ventilation,
  2. where there may be an oxygen deficient atmosphere, or
  3. in which there may be an airborne dangerous substance.

"qualified person" (personne qualifiée) means a person who, because of knowledge, training and experience, is qualified to perform safely and properly the duties specified under this directive (this part) in the following areas:

  • hazard assessment
  • entry procedures
  • emergency procedures
  • emergency requirement and equipment maintenance
  • entry permits
  • hot work

(Performance of these duties may be assigned to different qualified persons.)

"ventilation equipment" (équipement d'aération), where the confined space relates to ships or vessels in repair, maintenance or refit, means a fan, blower, induced draft or other ventilation device used to force a supply of fresh, breathable, atmospheric air into an enclosed space or to remove ambient air from such space.

Requirements

11.1 Hazard Assessment

11.1.1 The employee shall be provided with information on the hazard assessment.

11.2 Confined-space Entry Procedures

11.2.1 For the purposes of this section, any procedures developed by a department shall include an entry permit system that shall include a checklist of entry requirements to be given to and signed by the employee(s).

11.2.2 No employee shall enter a confined space unless the appropriate entry permit has been issued and signed by a qualified person and explained to, understood and signed by the employee prior to entry.

11.2.3 Procedures, developed in consultation with the workplace committee, shall include those to be followed by the qualified persons responsible for the inspection, maintenance and testing of all monitoring equipment, personal protective equipment, ventilating equipment, safety harnesses and any other entry, protective and rescue equipment used in conjunction with entry into a confined space.

11.2.4 Where a person is about to enter a confined space under an entry permit system, the employer shall appoint a qualified person (who could be the same person) to verify by means of tests that a percentage of oxygen between 19.5 per cent and 23 per cent by volume, at normal atmospheric pressure, is achievable while the person will be in the confined space.

11.3 Repair of Ships and Vessels

11.3.1

  1. For confined spaces in ships or vessels in repair, maintenance or refit, the employer may use forced ventilation from the lowest point in the confined space to meet the requirements related to the exposure to the concentration of chemical agents.
  2. When conditions in the confined space can be maintained in this state, an entry permit system may be established in accordance with section 11.2, which will be valid for multiple entries into the confined space during a specified period.
  3. The permit shall be valid for a maximum of one shift for uncoated fuel tanks and for a maximum of 24 hours in all other situations.

PART XII - Personal and Protective Equipment and Clothing

Scope

This part of the directive enhances and/or supplements Part XII (Personal and Protective Equipment and Clothing) [http://laws.justice.gc.ca/en/L-2/SOR-86-304/31919.html#rid-32039] of the COHSR and should be read in that context.

The scope of this part includes all systems, procedures, clothing and safety material designed to ensure the health and safety of all employees.

Definitions

In this directive:

"fall protection system" (dispositif antichute) means materials, equipment, methods and devices to protect employees from injuries due to falling;

"personal protective equipment" (équipement de protection individuelle) means safety materials, equipment, systems, devices and clothing whose purpose is to protect from injury or illness.

Requirements

12.1 General Responsibilities of Departments

12.1.2 Personal protective equipment shall not add to the total heat burden to the extent practicable. Where personal protective equipment adds to the total heat burden, rest periods shall be routinely provided and the employer shall ensure that employees take them.

12.1.3 A qualified person shall be appointed to ensure that personal protective equipment is safely, properly and reasonably comfortably fitted.

12.1.4 Departments shall appoint a qualified person to instruct and train those employees required:

  1. to use or wear personal protective equipment in the proper and safe operation, use and care of the personal protective equipment; and
  2. to effectively deal with emergency situations arising from its use.

12.1.5 All personal protective equipment shall be:

  1. stored, maintained, inspected and tested by a qualified person to ensure that it is in a safe and fully effective condition at all times;
  2. marked or tagged as unsafe and removed from service when defective equipment is unsafe for use, and
  3. repaired by a qualified person to a safe and fully effective condition, or permanently removed from service.

12.1.6

  1. Protective clothing, equipment, devices and tools used by employees working on electrical equipment shall be inspected by the user prior to its use to ensure that it is safe for its intended use.
  2. Tests of rubber insulating gloves and mitts shall follow a procedure that complies with the appropriate standard.

12.2 General Responsibilities of Employees

12.2.1 Employees shall not commence a work assignment or enter a work area where any kind of personal protective equipment must be worn or used, unless they:

  1. have been instructed and trained in the proper and safe operation and use of that personal protective equipment in accordance with the COHSR; and
  2. have inspected that equipment to ensure it will protect against the hazard.

12.3 Protective Clothing

12.3.1 Protective clothing shall be provided to employees when there is a protection requirement for:

  1. occupational safety;
  2. occupational health; or
  3. occupational cleanliness.

12.3.2 Paragraph 12.3.1 includes special considerations such as:

  • protecting the employee from the risk of disease;
  • preventing the spread of contamination or diseases;
  • preventing significant or permanent damage to the employee's skin, hair or personal clothing; and
  • preventing significant soiling of the employee's personal clothing, e.g., by providing coveralls to mechanics, lab coats for laboratory use.

12.3.3 Protective clothing shall be:

  • provided free of charge to employees;
  • replaced free of charge when no longer serviceable;
  • normally worn over the employee's personal clothing; and
  • suitable for the gender of the user.

12.3.4 Protective clothing is maintained and laundered by the employer. In exceptional cases, however, where this protective clothing is provided on an individual basis and the employer permits the employee to wear it away from the workplace at the employee's request, the wearer is responsible for maintenance and laundering.

12.4 Insulated Clothing

12.4.1 Insulation clothing shall be provided for work in hazardous weather conditions:

  1. where the type of personal outer clothing normally worn while working outdoors is inadequate to protect the employee from physical and health harm in the particular working environment; or
  2. when there is risk of damaging or soiling the employee's personal insulation clothing.

12.4.2 Insulation clothing designed to prevent hypothermia shall be provided to employees when their duties involve significant risks of immersion in cold water.

12.5 Quantities

12.5.1 The quantity of each item to be provided initially to each employee shall be based on the expected frequency of change, conditions of wear and tear and the expected wear-life.

12.6 Pool Clothing

12.6.1 Pool clothing may be provided as protective clothing under all of the following conditions:

  1. when the frequency of use by the employee does not justify individual provision;
  2. when the clothing is worn over the employee's personal clothing; and
  3. when the clothing will not be worn next to the employee's skin.

12.6.2 Quantities of pool clothing shall be adequate to provide a range of sizes and also to permit rotational cleaning.

12.6.3 Cleaning and upkeep shall be scheduled on a regular basis.

Personal Protective Equipment

12.7 Head Protection

12.7.1 Where required, departments shall provide industrial protective headwear that meets the requirements of the appropriate standard.

12.7.2 Where an employee is required to wear a form of head protection other than industrial protective headwear, such headwear shall adequately protect the employee from the potential hazard.

12.8 Eye and Face Protection

12.8.1 Where eye or face protection is required, prescription safety lenses that meet the requirements of the appropriate standard shall be provided in situations where:

  1. the nature of the work is such that the protective prescription lenses are installed in specialized protective frames such as in goggles and other eye protection which is not normally worn off the job, or
  2. it is impractical to wear protection over glasses because of distortion.

12.8.2 Employees wearing contact lenses shall use the same approved eye protection equipment as that required of other employees performing the same tasks.

12.8.3 Employees shall not wear contact lenses where they are routinely exposed to irritating fumes, intense heat, liquid splashes, molten metals or other similar environments, and where the work requires the regular wearing of a respirator.

12.8.4 Where eye protection against ultraviolet radiation (UVR) associated with sunlight is required, sunglasses shall be provided that meet the appropriate standard, and, where required, the standard shall address traffic light recognition.

12.9 Foot and Leg Protection

12.9.1 Specific types of protective footwear may be required for employees for the following purposes:

  1. occupational safety;
  2. occupational health; or
  3. occupational cleanliness.

12.9.2 Where protective footwear or purpose-designed footwear is required, it shall meet the requirements of the appropriate standard.

12.10 Protective Footwear

12.10.1 Protective footwear shall be provided free of charge.

12.11 Purchasing Protective Footwear

12.11.1 Should the department decide not to issue protective footwear directly, it may provide protective footwear that meets the appropriate standard by having employees purchase the protective footwear and receive reimbursement for the full costs of the purchase, upon presentation of proof of purchase.

12.11.2 If the department wishes to have employees purchase protective footwear and be reimbursed, the department shall establish, in consultation with either the workplace committee, health and safety representatives or the policy committee (as defined in the Code), a price range appropriate to the type of protective footwear required.

12.12 Purpose-Designed Footwear

12.12.1 Purpose-designed footwear shall be provided that:

  1. is designed and constructed to meet the unique requirements of an activity or a work environment; or
  2. possesses specialized protective features.

12.12.2 Workplace and environmental factors that would be expected to call for purpose-designed footwear, and the design features one would expect to find in that footwear, are:

  • dangerous liquids: footwear either constructed of impermeable materials or specially treated to protect the wearer's feet from contact with dangerous or corrosive liquids or other dangerous substances, or where feet may be immersed in any such liquid;
  • explosive-electrical hazards: footwear made with non-sparking and/or non-conducting materials (except metal box toe) for use by workers subject to explosion or electrical hazards;
  • physical hazards: footwear designed to protect against a harmful degree of physical stress resulting from requirements of an unusual nature as may be encountered in such activities as mountain climbing, logging, skiing, pole climbing, riding horses, operating chainsaws, etc.;
  • temperature extremes: thermo-insulated footwear for extreme cold.

12.12.3 Leg protection or foot protection, other than protective or purpose-designed footwear, shall comply with the appropriate standard.

12.13 Replacement

12.13.1 The frequency of replacement will be governed by the nature of the work, and may occur more often than once a year. Where it is cost effective to have safety footwear repaired, the department shall pay for the repairs.

12.14 Skin Protection

12.14.1 Where personal protective equipment and/or a protective product is required for skin protection:

  1. such personal protective equipment and/or protective product (e.g., sunscreen or insect repellent) shall be adequate to protect the skin of the employee while the skin is exposed to any hazard; and
  2. if such personal protective equipment is not disposable, it shall be maintained in a clean and sanitary condition.

12.14.2 With respect to the hazards of ultraviolet radiation (UVR) associated with sunlight:

  1. exposure to UVR must be reduced as much as possible, and where such exposure cannot be avoided employees' skin must be protected;
  2. in consultation with workplace committees, departments shall carefully review the various situations where employees are required to work outdoors and take all reasonable, practicable measures to reduce exposure to the harmful effects of the sun;
  3. where such potential health risks are identified, an appropriate broad-spectrum sunscreen with a minimum SPF (Sun Protection Factor) of 15 to provide protection from UVA and UVB radiation shall be provided.

12.15 Respiratory Protection

12.15.1 Where respiratory equipment is required, use the appropriate standard.

12.16 Drowning Hazards

12.16.1 Appropriate emergency equipment, including an inherently buoyant powered boat, that meets the requirements of the appropriate standard, shall be provided.

12.16.2 Suitable insulated protective clothing shall be provided to employees who are at risk of hypothermia should they fall into icy water.

Appendix

Employment Hazards

The following is only a representative listing of occupational health and safety hazards where an employee may require the protection provided by personal protective equipment and should not be considered as an exclusive list.

Safety hazard sources
  • animals, birds, reptiles
  • heavy boxes, crates, packages
  • tanks, bins, excavations
  • confined spaces
  • buildings and structures
  • dangerous substances
  • mechanical transmission equipment
  • electrical apparatus
  • fire
  • glass
  • hand and power tools
  • high pressure cleaning
  • hoisting apparatus
  • machines
  • metal processing
  • minerals and mineral processing
  • paper and pulp processing
  • plants, trees, vegetation
  • plastics processing
  • scrap, debris, waste materials
  • steam
  • textile processing
  • wood processing
Health hazard sources

Chemical:

  • acids
  • caustics
  • liquids
  • gases
  • dusts
  • fumes
  • mists
  • vapours

Physical:

  • ionizing and non-ionizing radiation
  • noise
  • vibration
  • sanitation
  • ventilation
  • natural and industrial extremes of temperatures and pressure

Biological:

  • insects
  • mites
  • moulds
  • yeasts
  • fungi
  • viruses
  • bacteria

PART XIII - Tools and Machinery

Scope

This part of the directive enhances and/or supplements Part XIII (Tools and Machinery) [http://laws.justice.gc.ca/en/L-2/SOR-86-304/31919.html#rid-32085] of the COHSR and should be read in that context.

Definitions

In this part:

"machine guard" (dispositif de protection) means a device that is installed on a machine to prevent a person, or any part of the body or clothing, from becoming caught in any part of a machine or of the material being processed or handled that can cause injury. It also means a device that makes the machine inoperative if a person or any part of the person's clothing is in or near a part of the machine that can cause injury.

13.1 Design, Construction, Operation and Use

13.1.1 Employees shall ensure that the tool end of any flexible shaft portable power tool is secured in a manner that will prevent the flexible shaft from whipping when the motor is started.

13.2 Operation and Use

13.2.1 Employees who use a pneumatic portable power tool shall shut off the air supply to that tool and bleed the air line before disconnecting it from the tool, unless the air line is equipped with a quick disconnect coupling that makes such precautions unnecessary.

13.2.2 A pneumatic portable power tool or air hose shall not be used in such a manner that an air stream might be directed forcibly against the body of any person.

13.2.4 To the extent practicable, exposure to continuous vibration from tools and machinery shall be minimized.

13.3 Inspection and Maintenance

13.3.1 All hand tools and portable power tools used shall be inspected at regular intervals and maintained in a safe working condition.

13.3.2 There shall be an inspection and maintenance plan for tools and machinery and a record kept of all inspections and maintenance work performed in accordance with such plan.

13.3.3 Each tool and machine shall be checked by employees before use to ensure that there is no visible defect.

13.3.4 All hand tools and portable power tools shall be transported and stored in a safe manner.

13.4 Robot Systems

13.4.1 To the extent practicable, the guarding of a robot machine or a robot machine system shall conform to the appropriate standard.

PART XIV - Materials Handling

Scope

This part of the directive enhances and/or supplements Part XIV (Materials Handling) [http://laws.justice.gc.ca/en/L-2/SOR-86-304/32125.html] of the COHSR and should be read in that context.

14.1 General Responsibilities of Employees

14.1.1 Materials-handling equipment from which a safety device has been removed or rendered ineffective, except in accordance with Part XIII (Tools and Machinery) [http://laws.justice.gc.ca/en/L-2/SOR-86-304/31919.html#rid-32085] of the COHSR, shall not be used or operated.

14.1.2 Except with the express approval of the person in charge, employees shall not remove or render ineffective a safety device with which any materials-handling equipment is fitted.

14.1.3 Employees shall not start the power unit of any materials-handling equipment until all drive clutches have been disengaged, all brakes set and the operator is assured that no one will be endangered by the starting of the power unit.

14.2 General Design and Construction

14.2.1 To the extent reasonably practicable, the operator's compartment shall be designed and constructed to minimize the risk of muscular skeletal injury.

14.2.2 To the extent reasonably practicable, seats provided for the operator and any passenger for which the motorized materials-handling equipment was designed, shall be comfortable, well designed and constructed, equipped with adequate lateral restraints, safely located and securely mounted.

14.3 Protection from Elements

14.3.1 To reduce the total heat burden affecting the operators of the motorized materials-handling equipment, the operator's compartment or position shall be protected, to the extent possible, from the heat produced by the equipment, by an insulated barrier or some other suitable means.

14.4 Lighting

14.4.1 Adequate lighting of the operator's compartment and its instruments shall be available at all times.

14.5 Slow Moving Vehicles

14.5.1 Mobile equipment operated at a rate of speed that is more than 30 km below the posted speed for a road or area shall be equipped with a slow- moving vehicle warning device as prescribed by the laws of the province or territory in which the equipment is operated.

14.5.2 Where the laws of the province or territory in which the mobile equipment is operated do not prescribe a slow-moving vehicle warning device, such mobile equipment shall be equipped with a warning device in accordance with the requirements of the laws of an adjacent province or territory.

14.6 Control Systems

14.6.1 Where practicable, any materials-handling equipment that has a moving part with a limit as to safe operating speed or safe travelling distance shall be equipped with an automatic control to prevent its speed or distance of travel from exceeding that limit.

14.6.2 All motorized materials-handling equipment powered by an internal combustion engine shall be fitted with a power-operated starting device.

14.7 Inspection, Testing and Maintenance

14.7.1 Before materials-handling equipment is used for the first time, a qualified person shall set out written instructions for its inspection, testing and maintenance, which also comply with the operating and maintenance manuals of that equipment, if any.

14.7.2 Reports of inspection, testing and maintenance performed on motorized materials-handling equipment shall be kept for as long as the equipment is in use.

14.8 Radio-transmitting Equipment

14.8.1 Radio-transmitting equipment shall not be used as part of operation of the materials-handling equipment before the person in charge ensures that other transmitting devices will not interfere with the reliable transmission of signals.

14.9 Positioning and Securing the Load

14.9.1 Any motorized or manual materials-handling equipment shall be loaded and operated safely to prevent the load from shifting or falling.

14.10 Parking

14.10.1 Where reasonably practicable, all motorized material-handling equipment that is operated by any employee is to be shut down during any period that it is unattended.

14.10.2 Cranes, hoists or similar materials-handling equipment shall not be left unattended, other than in a condition of maximum stability, unless safe measures approved by the person in charge are taken to prevent the equipment from tilting or accidentally moving.

14.11 Hazard Areas

14.11.1 Except for the work carried out under the provisions of Part VIII of this directive, every part of the materials-handling equipment shall be kept at least the minimum distance from the live power line set out in the table below.

MINIMUM DISTANCE FROM LIVE POWER LINE

750 - 150,000 V

3 m

150,001 - 250,000 V

4.5 m

250,001 V and over

6 m

14.12 Manual Handling

14.12.1 Employees whose primary tasks do not include manual lifting or carrying shall not be required to manually lift or carry materials, goods or things in excess of 20 kg.

14.12.2 Where an employee working in a health care environment is required to lift or carry persons, the employee shall be instructed and trained:

  1. in a safe method of lifting and carrying the persons that will minimize the stress on the body;
  2. in a work procedure appropriate to the employee's physical condition and the working conditions; and
  3. in the use of alternative means or methods of lifting and carrying persons.

14.12.3 Where an employee is required to lift or carry loads in excess of 45 kg manually or where the employee is required to lift or carry persons, the instructions given to the employee in accordance with 14.12.1 and 14.12.2 shall be reviewed annually with the employee.

14.12.4 Where an employee is required to lift or carry loads in excess of 45 kg manually or to lift or carry persons, the instructions shall be reviewed annually with the employee.

14.13 Storage of Materials

14.13.1 No materials, goods or things shall be stored or placed in a manner that may conceal any warning signs or symbols.

14.14 Instruction and Training

14.14.1 The operator of any materials-handling equipment shall have ready access to such operating manuals and departmental safety standards as may be necessary for the safe and proper operation and maintenance of the materials-handling equipment.

14.15 Signals

14.15.1 Subject to 14.15.2, departments that use or propose to use signals to direct the safe movement of motorized materials-handling equipment shall establish a single code of signals to be used by signallers throughout departments.

14.15.2 The single code of signals referred to in 14.15.1 shall be filed, readily available and provided to each signaller, operator and to other persons who are required to understand such signals and such employees are to be instructed, trained and tested in the use of the code.

Part XV - Hazardous Occurrence Investigation, Recording and Reporting (HOIRR)

Purpose

This part of the directive enhances and/or supplements Part II of the Code [http://laws.justice.gc.ca/en/showdoc/cs/L-2/bo-ga:l_II/en/en#anchorbo-ga:l_II] and Part XV (Hazardous Occurrence Investigation, Recording and Reporting [HOIRR]) [http://laws.justice.gc.ca/en/showdoc/cr/SOR-86-304/bo-ga:l_XV//en#anchorbo-ga:l_XV] of the COHSR and should be read in that context.

15.1 Scope

15.1.1 The employer shall develop, in consultation with the appropriate health and safety committee, hazardous occurrence investigation procedures and methodology, which include the process for selecting and appointing a qualified person to conduct investigations.

15.1.2 Health and safety committee members must be informed within 24 hours of any hazardous occurrence.

15.2 Objectives

15.2.1 Develop and implement appropriate investigative and analytical techniques/methodologies to identify the direct causes of hazardous occurrences.

15.2.2 Make recommendations for preventative and corrective measures to eliminate, reduce or protect against the risk of accidents and incidents.

15.2.3 For the purpose of this provision, hazardous occurrence means, but is not limited to, a workplace incident that results in a:

  1. a disabling injury or illness;
  2. a fire, explosion, loss of consciousness or other incident for which there is a potential for injury or illness; or
  3. a minor injury.

15.3 Timely and Effective Hazardous Occurrence Investigations

15.3.1 Investigations of hazardous occurrences by a qualified person shall begin as soon as possible after the occurrence has been reported.

15.3.2 The health and safety committee shall be informed of any hazardous occurrence and the name of the qualified person appointed to investigate no more than 24 hours after the occurrence has been reported.

15.3.3 The procedure for conducting investigations shall include the selection of an appropriate methodology and, as a minimum, include the following steps:

  1. planning and preparation;
  2. the identification and gathering facts (use of a methodology);
  3. the analysis and assessment of facts;
  4. the determination of direct causes – unsafe conditions/acts;
  5. the recommendation of appropriate preventative and corrective measures — in order to eliminate, reduce, or protect against risks;
  6. the verification, in consultation with the health and safety committee or representative, of the corrective measures recommended and their effectiveness, and an acceptable time frame for implementation; and
  7. a written report setting out the qualified person's observations and recommendations.

PART XVI - First Aid

Scope

This part of the directive enhances and/or supplements Part II of the Code [http://laws.justice.gc.ca/en/showdoc/cs/L-2/bo-ga:l_II/en/en#anchorbo-ga:l_II] and Part XVI (First Aid) [http://laws.justice.gc.ca/en/showdoc/cr/SOR-86-304/bo-ga:l_XVI//en#anchorbo-ga:l_XVI] of the COHSR and should be read in that context.

16.1 Employer Responsibilities

16.1.1 The employer is responsible for providing first-aid services to employees in accordance with the requirements of this directive.

16.1.2 Where an employee's normal work is located beyond the employer's premises, the latter shall, in consultation with the workplace committee, establish procedures respecting the availability of first-aid services.

16.2 First-aid Treatment and Reporting

16.2.1 Where it appears that a physician's attention may be required, the employee shall be promptly referred to a medical treatment facility, and the employer shall ensure that suitable transportation and escort, if required, is arranged. Any ambulance or other transportation costs shall be borne by the employer.

16.2.2 Notwithstanding Part XV (Hazardous Occurrence Investigation, Recording and Reporting) [http://laws.justice.gc.ca/en/showdoc/cr/SOR-86-304/bo-ga:l_XV//en#anchorbo-ga:l_XV] of the COHSR, a written record of every injury or illness that requires first-aid treatment shall be maintained at each place of employment for 10 years following treatment.

16.2.3 Each record of entry shall be signed by the first-aid attendant or person rendering first aid and be maintained in a first-aid attendant's treatment record book. Records of treatment shall be inspected by a responsible departmental official and the workplace committee at three-month intervals to verify their proper maintenance.

16.2.4 Upon notification, the employer shall ensure that the first-aid kits shall be replenished as required.

16.2.5 First-aid attendants are entitled to take the time required to render first aid to injured employees in the workplace.

16.3 First-aid Attendants

16.3.1 First-aid attendants provide first-aid services on a voluntary basis in conjunction with their regular duties.

16.3.2 An adequate number of qualified first-aid attendants shall be available to render first aid to employees during working hours:

  1. where there are two or more employees,at least one attendant per 50 employees shall be available at all times during each shift or working period at a location;
  2. for field parties, at least two first-aid attendants shall be included in each main party, and at least one attendant among the members of each branch party;
  3. the selection, location and training of first-aid attendants shall be determined in consultation with the workplace committee;
  4. where an employee is directed by the employer to attend first-aid training, this time shall be considered to be time worked.

16.3.3 Employers shall ensure that first-aid attendants' certification is current. A list containing the names, certification level/status and the location of first-aid attendants shall be maintained.

16.3.4 All first-aid attendants shall be made aware of the "Policy on the Indemnification of and Legal Assistance for Crown Servants."

[http://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=12338]

16.4 Specialized First-aid Training

16.4.1 Where unusual and variable occupational hazards may exist, such as those found in laboratories or during field operations in isolated areas, a qualified person shall be consulted about specialized first-aid training and/or equipment which may be required.

16.4.2. When a recommendation is made by a health and safety committee to an employer to purchase automated external defibrillators (AEDs hereafter), the employer will evaluate its feasibility.

Any report or study will then be shared with the health and safety committee.

Any cardiopulmonary resuscitation program, including the provision of AEDs when required, will be subject to the participation of the appropriate health and safety committee.

When an employer provides AEDs, it will ensure the provision of appropriate training for a sufficient number of employees. Any AED program should be part of an existing chain of survival.

16.5 First-aid Supplies and Equipment

16.5.1 One type "A" first-aid kit is to be provided when there are one to five employees in the workplace.

16.5.2 Where necessary the kits shall include supplies for protection against infectious disease.

16.5.3 The design and installation of emergency eyewash and shower facilities shall comply with the appropriate standard.

16.5.4 In addition to first-aid kits, the employer shall provide motor vehicle emergency kits for field operations. The appropriate health and safety committee shall participate in the determination of the content of the motor vehicle emergency kits.

16.6 First-aid Rooms

16.6.1 A first-aid room is an enclosed area provided by the employer to be used exclusively for the purposes of administering first aid.

16.6.2 A first-aid room may be provided to serve a lesser number of employees than is required by the COHSR, when justified by the types of operations and previous injury hazard experience at the location.

16.6.3 In an emergency situation, where an employer provides a first aid room, first-aid attendants may have access to the first aid room in the absence of a health professional. Entry access must be controlled by a responsible officer who shall prevent access to material and equipment that must be exclusively used by a health professional, and to medical files and other protected documents related to health.

16.6.4 Where, at a location, the total number of employees of more than one employer justifies the need for a first-aid room; a common first-aid room may be established under coordinated control as agreed upon locally between the concerned employers. Should a common first-aid room prove impracticable, a first-aid room shall be established by the individual employer.

16.6.5 A first-aid room shall have a minimum floor area of 15 square meters and shall be provided with a cabinet or cupboard space with a lock, which is suitable for the storage of first-aid supplies.

16.7 Emergency Communications

16.7.1 All appropriate names, work locations (addresses) and telephone numbers that may be required in respect of any emergency shall be conspicuously posted at each first-aid station and first-aid room, and such numbers shall, as a minimum, include the following:

  1. medical treatment facility;
  2. fire department;
  3. police department; and
  4. poison control centre.

16.7.2 Communication shall be established between field parties and those facilities that can provide emergency medical advice, assistance or rescue services. Whenever possible, communications shall also be maintained between main camps and parties working out of such camps.

16.8 Identification of First-aid Facilities

16.8.1 The direction to, and location of, each first-aid room shall be indicated by symbols in accordance with requirements specified in the Federal Identity Program Manual [http://www.tbs-sct.gc.ca/fip-pcim/man-eng.asp].

16.9 Field Operations

16.9.1 Before proceeding on field operations, the person in charge of a field party shall:

  1. ensure that the required number of first-aid attendants are available;
  2. obtain the required first-aid kits and other first-aid supplies; and
  3. contact the medical treatment facility nearest the intended work area to arrange for emergency services.

16.9.2 When parties will be operating under conditions that may require special supplies beyond those considered as normal first-aid requirements, employers shall obtain such supplies as required in consultation with the person in charge.

16.9.3 Whenever a camp is to be established as a base for field operations, the person in charge of the party shall ensure that arrangements have been made for the emergency evacuation of casualties and for the communication procedures required to obtain medical advice and/or assistance, and that all members of the party have been advised of such arrangements.

16.10 Other First-aid Matters

16.10.1 Where necessary, an authority with the appropriate expertise shall be consulted on:

  1. first-aid matters not specifically covered by this part;
  2. the provision of specific first-aid supplies and equipment not detailed in this part.

PART XVII - Refusal to Work

This part of the directive enhances and/or supplements Part II of the Code [http://laws.justice.gc.ca/en/showdoc/cs/L-2/bo-ga:l_II/en/en#anchorbo-ga:l_II] and should be read in that context.

17.1 Any employee may exercise his or her right of refusal to work. The proper redress mechanism established in accordance with section 128(7) of the Code is to be followed. The selection of the redress mechanism is revocable if the employer and employee agree, and the parties agree, that if no solution is found under the directive, either party can use the legislated process provided under the Code and its pursuant applicable regulations and request the intervention of an HRSDC-Labour health and safety officer.

17.2 No employer shall assign any other employee to use or operate the machine or thing, to work in that place, or to perform the activity until such time as an HRSDC-Labour health and safety officer has been notified of a continued refusal.

PART XVIII - Occupational Health and Safety Committees and Representatives

This part of the directive enhances and/or supplements Part II of the Code [http://laws.justice.gc.ca/en/showdoc/cs/L-2/bo-ga:l_II/en/en#anchorbo-ga:l_II] and the Health andSafety Committees and Representatives Regulations [http://laws.justice.gc.ca/en/showtdm/cr/SOR-86-305//?showtoc=&instrumentnumber=SOR-86-305] and should be read in that context.

18.1 National Health and Safety Policy Committees

18.1.1 National health and safety policy committees ("policy committees" hereafter) are established in accordance with the provisions for occupational health and safety committees under the Code and its pursuant applicable regulations.

18.1.2 The purpose of the policy committee is to participate in developing and monitoring the employer's health and safety program and to take health and safety into consideration when formulating policies, practices, and procedures.

18.1.3 The policy committee is a forum where management and employee representatives can meet to exchange information, discuss policies, programs and conditions, and where employee representatives can communicate to the employer their views on health and safety matters. The members should strive to reach consensus on all issues.

18.2 Size of Committee

18.2.1 In determining the size of the policy committee, the following factors shall be considered:

  1. the number and distribution of employees in each workplace;
  2. the degree of hazard in the entire work environment;
  3. the variety of functions performed;
  4. the need to represent different shifts;
  5. the frequency of incident/injuries at the workplace; and
  6. the number of unions involved.

18.2.2 The employer should select management representatives who will have the necessary authority to act upon, discuss and approve any items raised at the meeting of the policy committee.

18.2.3 Where employees at a workplace are represented by a trade union, the trade union shall select the employees to be appointed by the employer to the available seat(s) on the policy committee.

18.3 Vacancy of Office

Where a member of a policy committee resigns or ceases to be a member for any other reason, the vacancy shall be filled within 60 calendar days.

18.4 Quorum

18.4.1 The quorum of a policy committee shall consist of a majority of the members of the committee, of which at least half are representatives of the employees and at least one is a representative of the employer.

18.4.2 Should a meeting need to be rescheduled due to lack of quorum, a justification explaining the reasons that led to this situation needs to be included in the next policy committee minutes.

18.5 Alternates

18.5.1 It is important that policy committee meetings not be delayed or postponed due to an inability to achieve quorum. It is usually desirable to name alternates who may replace regular members at committee meetings. The committee should decide, through its rules and procedures, whether it will allow alternates to attend meetings in place of regular members. The alternates must be fully informed and given the rights and powers of the members they are replacing. The use of alternates should be kept to a minimum in order to maintain continuity. The alternates should be selected in the same way as regular members and their names should be posted alongside regular committee members.

18.6 Committee Powers

18.6.1 Either party of a policy committee may request from an employer any information that the committee considers necessary to identify existing or potential hazards with respect to materials, processes, equipment or activities.

18.6.2 Either party of a policy committee shall have full access to all government and employer reports, studies and tests relating to the health and safety of employees, or to the parts of those reports, studies and tests that relate to the health and safety of employees, but shall not have access to the medical records of any person, except with the person's written consent.

18.7 Rules of Procedure

Each policy committee shall establish its own rules of procedure that will address, but not be limited to, the following:

  1. terms of office;
  2. time, place and frequency of regular meetings;
  3. the process by which the minutes shall be approved by both chairpersons;
  4. a process by which the respective position expressed by a member on any health and safety matter brought before the committee at its meeting is accurately recorded in the minutes and includes a method for review and amendments to the minutes prior to their formal approval;
  5. recording of the minutes;
  6. the process by which agenda items are submitted and the agenda is adopted;
  7. procedures for obtaining  any necessary approvals by the chairpersons for carrying out powers and duties as committee members; and
  8. any procedures for its operation that it considers advisable.

18.8 Meetings

18.8.1 Members of a policy committee are entitled to such time from their regular work as is necessary to attend meetings or to carry out any other functions as members of the committee including reasonable meeting preparation time, and any time spent by the member while carrying out any of his or her functions as a member of the committee shall, for the purposes of calculating wages owing to him or her, be deemed to have been spent at work.

18.8.2 Employees who are part of the policy committee may not have the resources required to fully participate. Assistance or other support may be provided to facilitate their participation. This may include travel costs to attend meetings. If authorized by the employer, all travel costs must conform to the applicable provisions of the NJC Travel Directive.

18.9 Minutes

18.9.1 The minutes of each policy committee meeting shall be approved by both chairpersons.

18.9.2 The chairperson selected by the representatives of the employer shall provide, as soon as possible after each policy committee meeting, a copy of the minutes in either electronic or printed form to the employer and to each member of the committee.

18.9.3 The employer shall make available to the workplace committee members, a copy of the policy committee minutes, in either electronic or printed form.

18.9.4 A copy of the policy committee minutes shall be kept by the employer for a period of two years from the date on which the policy meeting was held. The minutes shall be made readily available for examination.

18.9.5 The employer shall post a copy of the policy committee minutes as soon as they are available and will keep them posted for a period of three months.

18.9.6 A policy committee shall keep accurate records of all matters brought before it.

18.10 Regional Policy Health and Safety Committees

18.10.1 Regional policy health and safety committees ("regional committees" hereafter), if established, shall operate in accordance with the provisions applicable to the policy committee under the Code and its pursuant applicable regulations, which include all the powers, duties and privileges afforded to its members.

18.10.2 The terms of reference of all regional committees shall be approved by the policy committee.

18.10.3 Regional committees shall also keep the policy committees informed of regional health and safety issues.

18.10.4 Members of a regional committee are entitled to such time away from their regular work as is necessary to attend meetings or to carry out any other functions as members of the committee, including reasonable meeting preparation time and any time spent by the member while carrying out any of their functions as a member of the committee. For the purposes of calculating wages owing to the employee, that person will be deemed to have been at their regular work.

18.11 Workplace Health and Safety Committees

A workplace health and safety committee ("workplace committee" hereafter) shall be established at each workplace where 20 or more employees are normally employed.

18.12 Size of Committee

18.12.1 In determining the size of the workplace committee, the following factors shall be considered:

  1. the number and distribution of employees in each workplace;
  2. the degree of hazard in the entire work environment;
  3. the variety of functions performed;
  4. the need to represent different shifts;
  5. the frequency of incident/injuries at the workplace; and
  6. the number of unions involved.

18.12.2 The employer should select management members who will have the necessary authority to act upon, discuss and approve any items raised at the meeting of the workplace committee.

18.13 Committee Powers

18.13.1 Either party of a workplace committee may request from an employer any information that the committee considers necessary to identify existing or potential hazards with respect to materials, processes, equipment or activities.

18.13.2 Either party of a workplace committee shall have full access to all government and employer reports, studies and tests relating to the health and safety of the employees, or to the parts of those reports, studies and tests that relate to the health and safety of employees, but shall not have access to the medical records of any person, except with the person's written consent.

18.14 Rules of Procedure

Each workplace committee shall establish its own rules of procedure that will address, but not be limited to the following:

  1. terms of office;
  2. time, place and frequency of regular meetings;
  3. the process by which the minutes shall be approved by both chairpersons;
  4. a process by which the respective position expressed by a member on any health and safety matter brought before the committee at its meeting is accurately recorded in the minutes and includes a method for review and amendments to the minutes prior to their formal approval;
  5. recording of the minutes;
  6. the process by which agenda items are submitted and the agenda is adopted;
  7. procedures for obtaining  any necessary approvals by the chairpersons for carrying out powers and duties as committee members; and
  8. any procedures for its operations as it considers advisable.

18.15 Meetings

Members of a workplace committee are entitled to such time from their regular work as is necessary to attend meetings or to carry out any other functions as members of the committee, including reasonable meeting preparation time. Any time spent by the member while carrying out any of his or her functions as a member of the committee shall, for the purposes of calculating wages owing to him or her, be deemed to have been spent at work.

18.16 Minutes

18.16.1 The minutes of each workplace committee meeting shall be approved by both chairpersons.

18.16.2 The employer shall post a copy of the workplace committee minutes as soon as they are available and will keep them posted for a period of three months.

18.16.3 A workplace committee shall keep accurate records of all matters brought before it.

Health and Safety Representatives

18.17 Representatives

If no workplace committee is required, all duties and powers are extended to the health and safety representative.

Health and Safety Training

18.18 Training

18.18.1 The employer shall, in consultation with the appropriate committee, develop a training program for committee members that shall ensure that committee members are trained in the performance of their responsibilities in relation to the activities of the employer and which includes but is not limited to:

  1. their powers and duties under the Code and its pursuant applicable regulations;
  2. requirements found in the NJC OHS Directive;
  3. the rules and procedures of the committees; and
  4. principles of consensus building and resolving health and safety issues.

18.18.2 The employer shall develop, in consultation with the appropriate health and safety committee, an awareness program for all employees that covers, but is not limited to, the requirements found in the Code and its pursuant applicable regulations and the NJC OHS Directive.

18.18.3 Where an employee is directed by the employer to attend health and safety training as a consequence of being a member of a health and safety committee, this time shall be considered to be time worked. It is understood that the employer will make the selection of the health and safety training to be taken after consultation with the health and safety committee concerned.

18.19 Information

The employer shall communicate the purpose of the health and safety committee and its current membership (their names, phone numbers and work locations) to all employees at least once a year either electronically or via hard copy.

Last Modified: 2010-10-13
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