Maritime Occupational Health and Safety Regulations

 
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Vol. 144, No. 13 — June 23, 2010

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SOR/2010-120 June 3, 2010

CANADA LABOUR CODE

Maritime Occupational Health and Safety Regulations P.C. 2010-707 June 3, 2010

Her Excellency the Governor General in Council, on the recommendation of the Minister of Labour and the Minister of Transport, pursuant to section 157 of the Canada Labour Code , hereby makes the annexed Maritime Occupational Health and Safety Regulations.

MARITIME OCCUPATIONAL HEALTH AND SAFETY REGULATIONS

PART 1

GENERAL

INTERPRETATION

1. The following definitions apply in these Regulations.

“Act” means Part II of the Canada Labour Code. (Loi)

“ANSI” means the American National Standards Institute. (ANSI)

“approved organization” means an organization that is approved by the Minister under section 16.12 of the Canada Occupational Health and Safety Regulations for the teaching of first aid. (organisme agréé)

“confined space” means an enclosed or partially enclosed space that

(a) is not designed or intended for human occupancy, except for the purpose of performing work;

(b) has restricted means of access and egress; and

(c) may become hazardous to any person entering it owing to

(i) its design, construction, location or atmosphere,

(ii) the materials or substances in it, or

(iii) any other conditions relating to it. (espace clos)

“crew accommodation” means living, eating, recreational or sleeping quarters provided by an employer for the accommodation of employees on a vessel. (logement de l’équipage)

“CSA” means the Canadian Standards Association. (CSA)

“day vessel” means a vessel that is not equipped with adequate accommodation to provide rest for employees. (bâtiment de jour)

“disabling injury” means an employment injury or an occupational disease that

(a) prevents an employee from reporting for work or from effectively performing all the duties connected with their regular work on any day after the day on which the injury or disease occurred, whether or not that later day was a work day for that employee;

(b) results in an employee’s loss of a body member or part of one or in the complete loss of the usefulness of a body member or part of one; or

(c) results in the permanent impairment of a body function of an employee. (blessure invalidante)

“electrical equipment” means equipment for the generation, distribution or use of electricity. (outillage électrique)

“first aid certificate” means the certificate issued by or with the authority of an approved organization for successful completion of a two-day first aid course. (certificat de secourisme)

“gross tonnage” means the volume of a vessel as determined by a tonnage measurer or calculated in accordance with the regulations made under paragraph 77(h) of the Canada Shipping Act, 2001. (jauge brute)

“ILO” means the International Labour Organization. (OIT)

“IMO” means the International Maritime Organization. (OMI)

“inland voyage” means a voyage on the inland waters of Canada together with any part of any lake or river forming part of the inland waters of Canada that lies within the United States or a voyage on Lake Michigan. (voyage en eaux internes)

“inland waters of Canada” means all the rivers, lakes and other navigable fresh waters within Canada, and includes the St. Lawrence River as far seawards as a straight line drawn

(a) from Cap-des-Rosiers to West Point, Anticosti Island; and

(b) from Anticosti Island to the north shore of the St. Lawrence River along the meridian of longitude 63°W. (eaux internes du Canada)

“international voyage” means a voyage between a place in Canada and a place not in Canada or between places not in Canada. (voyage international)

“isolation” means separation or disconnection from every source of energy that is capable of making equipment dangerous. (isolation)

“lock out” means placement of a lock on equipment, machines or energy-isolating devices in accordance with an established procedure, to indicate that the equipment, machines or devices are not to be operated until the lock is removed in accordance with an established procedure. (cadenasser)

“marine chemist” means a qualified person who

(a) is a graduate of a post-secondary education institution who

(i) has successfully completed courses in chemical engineering,

(ii) has successfully completed a general program with a major in chemistry, or

(iii) is a member of the Chemical Institute of Canada; and

(b) has at least three years experience in chemical or engineering work, after the person has satisfied the requirements of paragraph (a), of which a minimum of 150 working hours were spent under proper supervision in work on board a vessel involving the testing of tank reservoirs and other containers in the application of gas hazard control standards. (chimiste de la marine)

“MLC 2006” means the Maritime Labour Convention, 2006. (CTM 2006)

“near coastal voyage, Class 1” has the same meaning as in section 1 of the Vessel Certificates Regulations. (voyage à proximité du littoral, classe 1)

“NIOSH” means the National Institute for Occupational Safety and Health in the United States. (NIOSH)

“oxygen-deficient atmosphere” means an atmosphere in which there is less than 19.5 per cent by volume of oxygen at a pressure of one atmosphere or in which the partial pressure of oxygen is less than 148 mm Hg. (air à faible teneur en oxygène)

“passenger vessel” means a passenger ship as defined in Regulations 2(e) and (f), Part I, chapter I of SOLAS. (bâtiment à passagers)

“personal service room” means a change room, sanitary facility, shower room, or other area of the crew accommodation or a combination of those areas. (local réservé aux soins personnels)

“protection equipment” means safety materials, equipment, devices and clothing. (équipement de protection)

“qualified person” means, in respect of a specified duty, a person who, because of their knowledge, training and experience, is qualified to perform that duty safely and properly. (personne qualifiée)

“rest” means a period during which an employee is not assigned any duty and has access to sleeping quarters and sanitary facilities. (repos)

“sanitary facility” means a room that contains a water closet or a urinal. (cabinet de toilette)

“SOLAS” means the 2004 consolidated edition of the International Convention for Safety of Life at Sea, 1974. (SOLAS)

“special purpose vessel” means a vessel of not less than 500 gross tonnage that carries more than 12 special personnel who are needed for the particular operational duties of the vessel and are, in addition to those persons required for the normal navigation, engineering and maintenance of the vessel, engaged to provide services for the persons carried on board. (bâtiment spécial)

“unlimited voyage” has the same meaning as in section 1 of the Vessel Certificates Regulations. (voyage illimité)

“ventilation equipment” means a fan, blower, induced draft or other ventilation device used to force a supply of fresh, respirable atmospheric air into an enclosed space or to move ambient air from that space. (matérial de ventilation)

“vessel” has the same meaning as in section 2 of the Canada Shipping Act, 2001. (bâtiment)

2. For the purpose of interpreting any standard incorporated by reference into these Regulations, the use of “should” is to be read as denoting an obligation.

APPLICATION

3. These Regulations apply to employees employed

(a) on vessels registered in Canada;

(b) on uncommissioned vessels of Her Majesty in right of Canada; and

(c) in the loading or unloading of vessels.

RECORDS AND REPORTS

4. (1) If an employer is required to keep and maintain a record, report or other document referred to in section 125 or 125.1 of the Act, the employer must keep and maintain the record, report or other document and make it readily available for examination by a health and safety officer, the work place committee or the health and safety representative, as the case may be, and the policy committee, if one exists, for the vessel to which it applies.

(2) To comply with subsection (1), the employer may use any recording system, including electronic records, if

(a) measures are taken to ensure that the records contained in the recording systems are protected, by electronic or other means, against inadvertent loss or destruction and against tampering; and

(b) a copy of the records contained in the recording systems can be printed on paper and provided on reasonable notice at the request of the Minister.

INCONSISTENT PROVISIONS

5. In the event of an inconsistency between any standard incorporated by reference in these Regulations and any other provision of these Regulations, that other provision must prevail to the extent of the inconsistency.

INCORPORATION BY REFERENCE

6. Any reference to a standard incorporated by reference in these Regulations is a reference to the standard, as amended from time to time.

HEALTH AND SAFETY

7. (1) Every employer must

(a) arrange that work in a working area is carried out in a manner that does not endanger the health or safety of any person who is engaged or working in that area or in connection with the work; and

(b) adopt and carry out appropriate procedures and techniques designed or intended to prevent or reduce the risk of employment injury in the operation or carrying out of the work.

(2) Crew accommodation must meet the requirements and the related provisions on health and safety protection and accident prevention, with respect to preventing the risk of exposure to hazardous levels of noise and vibration and other ambient factors and...

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