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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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(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.
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.
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.
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.
This directive takes effect on April 1, 2008, unless otherwise specified.
This directive applies to:
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.
"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:
"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.
Where there is a dispute regarding the term "qualified person," the following procedure shall be implemented:
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]).
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.
2.1.1 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.
2.2.1 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.
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.
2.3.1 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.
2.4.1 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.
2.5.1 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:
2.5.4 A fixed ladder shall be:
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:
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.
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.
This part applies to portable ladders, temporary ramps and stairs, temporary elevated work bases used by employees and temporary elevated platforms used for materials.
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.
3.1.1 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.
3.2.1 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.
3.3.1 To the extent that is practicable, the design, construction and use of scaffolds shall meet the requirements of the appropriate standard.
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
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.
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.
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.
4.1.1 Upon completion of an inspection after an installation or alteration, the safety inspector shall so advise the regional director.
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:
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.
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.
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.
In this directive:
"authorized inspection agency" (organisme d'inspection autorisé) means the provincial or territorial or other inspection agency, which:
"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.
5.1.1 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.
5.2.1 No person shall operate or use, or permit to be operated or used, a boiler, pressure vessel or piping system:
5.2.2 The operating authority shall ensure that:
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.
5.3.1 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.
5.4.1 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].)
5.5.1 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.
No NJC occupational health and safety directive or standards correspond with Part VI (Lighting) of the COSHR.
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.
Maximum permitted duration of exposure to A-weighted sound pressure level at the workplace
Maximum duration of exposure in hours per employee per 24 hours
More than 102
This part includes information on the effect of electrical current on the human body.
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.
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.
"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.
8.1.1 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.
8.2.1 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.
8.3.1 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.
8.4.1 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.
8.5.1 A safety watcher must be a qualified person.
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.
8.7.1 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.
8.8.1 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.
8.9.1 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.
8.10.1 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.
8.11.1 Lightning protection devices shall comply with the appropriate standard.
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:
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.
8.14.1 Each record of termination of guarantee of isolation shall show:
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.
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.
"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.
9.1.1 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.
9.2.1 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:
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.
9.3.1 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.
9.4.1 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.
9.5.1 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:
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.
9.6.1 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.
9.7.1 No person shall eat, prepare or store food:
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.
9.8.1 An environmental health officer of Health Canada may direct that other measures be taken to maintain sanitary and healthy conditions in a field accommodation.
9.9.1 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.
This directive includes specific provisions for dealing with asbestos and asbestos-containing materials.
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.
10.1.2 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:
10.2.1 Where a hazardous substance is present in the workplace, the department shall:
10.2.2 In additional to the criteria listed in the Regulations, the investigation shall also assess:
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.
10.5.1 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.
10.6.1 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.
10.7.1 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.
10.8.1 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.
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.
In this part:
"confined space"(espace clos) means an enclosed or partially enclosed space that:
"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,
"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:
(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.
11.1.1 The employee shall be provided with information on the hazard assessment.
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.
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.
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.
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:
12.1.5 All personal protective equipment shall be:
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:
12.3.1 Protective clothing shall be provided to employees when there is a protection requirement for:
12.3.2 Paragraph 12.3.1 includes special considerations such as:
12.3.3 Protective clothing shall be:
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.
12.4.1 Insulation clothing shall be provided for work in hazardous weather conditions:
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.
12.5.1 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.
12.6.1 Pool clothing may be provided as protective clothing under all of the following conditions:
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.
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.
12.8.1 Where eye or face protection is required, prescription safety lenses that meet the requirements of the appropriate standard shall be provided in situations where:
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.
12.9.1 Specific types of protective footwear may be required for employees for the following purposes:
12.9.2 Where protective footwear or purpose-designed footwear is required, it shall meet the requirements of the appropriate standard.
12.10.1 Protective footwear shall be provided free of charge.
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.
12.12.1 Purpose-designed footwear shall be provided that:
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:
12.12.3 Leg protection or foot protection, other than protective or purpose-designed footwear, shall comply with the appropriate standard.
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.
12.14.1 Where personal protective equipment and/or a protective product is required for skin protection:
12.14.2 With respect to the hazards of ultraviolet radiation (UVR) associated with sunlight:
12.15.1 Where respiratory equipment is required, use the appropriate standard.
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.
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.
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.
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.
13.1.1 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.
13.2.1 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.
13.3.1 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.
13.4.1 To the extent practicable, the guarding of a robot machine or a robot machine system shall conform to the appropriate standard.
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.
14.1.1 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.
14.2.1 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.
14.3.1 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.
14.4.1 Adequate lighting of the operator's compartment and its instruments shall be available at all times.
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.
14.6.1 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.
14.7.1 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.
14.8.1 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.
14.9.1 Any motorized or manual materials-handling equipment shall be loaded and operated safely to prevent the load from shifting or falling.
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.
14.11.1 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.
750 - 150,000 V
150,001 - 250,000 V
250,001 V and over
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:
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.
14.13.1 No materials, goods or things shall be stored or placed in a manner that may conceal any warning signs or symbols.
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.
14.15.1 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.
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.
15.1.1 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.
15.2.1 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:
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:
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.
16.1.1 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.
16.2.1 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.
16.3.1 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:
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."
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.
16.5.1 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.
16.6.1 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.
16.7.1 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:
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.
16.8.1 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].
16.9.1 Before proceeding on field operations, the person in charge of a field party shall:
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.
16.10.1 Where necessary, an authority with the appropriate expertise shall be consulted on:
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.
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.
18.1.1 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.
18.2.1 In determining the size of the policy committee, the following factors shall be considered:
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.
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.
18.4.1 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.
18.5.1 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.
18.6.1 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.
Each policy committee shall establish its own rules of procedure that will address, but not be limited to, the following:
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.
18.9.1 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.
18.10.1 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.
A workplace health and safety committee ("workplace committee" hereafter) shall be established at each workplace where 20 or more employees are normally employed.
18.12.1 In determining the size of the workplace committee, the following factors shall be considered:
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.
18.13.1 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.
Each workplace committee shall establish its own rules of procedure that will address, but not be limited to the following:
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.
18.16.1 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.
If no workplace committee is required, all duties and powers are extended to the health and safety representative.
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:
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.
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.