Regulations Amending the Canada – Nova Scotia Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations

 
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Vol. 151, No. 12 — June 14, 2017

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SOR/2017-116 June 2, 2017

CANADA-NOVA SCOTIA OFFSHORE PETROLEUM RESOURCES ACCORD IMPLEMENTATION ACT

Regulations Amending the Canada – Nova Scotia Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations

P.C. 2017-575 June 2, 2017

Whereas, pursuant to subsection 210.127(1)

(see footnote a) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

(see footnote b), a copy of the proposed Regulations Amending the Canada – Nova Scotia Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations, substantially in the annexed form, was published in the Canada Gazette, Part I, on December 31, 2016 and a reasonable opportunity was given to interested persons to make representations to the Minister of Natural Resources with respect to the proposed Regulations;

And whereas, the Minister of Natural Resources, pursuant to subsection 6(2)

(see footnote c) of that Act, has consulted the minister of the Government of Nova Scotia who is responsible for occupational health and safety with respect to the proposed Regulations and that minister has approved the making of the proposed Regulations;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources and the Minister of Labour, pursuant to section 210.126

(see footnote d) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

(see footnote e), makes the annexed Regulations Amending the Canada – Nova Scotia Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations.

Regulations Amending the Canada – Nova Scotia Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations

Amendments

1 (1) The definitions Canadian Electrical Code, CCBFC, National Building Code of Canada, National Fire Code of Canada, National Plumbing Code of Canada and ULC Standard in section 1 of the Canada – Nova Scotia Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations (see footnote 1) are repealed.

(2) The definition CPR course in section 1 of the Regulations is replaced by the following:

CPR course means a training course in cardiopulmonary resuscitation based on the publication of the Journal of the American Medical Association entitled Standards and Guidelines for Cardiopulmonary Resuscitation (CPR) and Emergency Cardiac Care (ECC) as reprinted by the American Heart Association. (cours RCR)

(3) Section 1 of the Regulations is amended by adding the following in alphabetical order:

ULC means the Underwriters’ Laboratories of Canada. (ULC)

2 The Regulations are amended by adding the following after section 1:

Reference

1.1 In these Regulations, any reference to a standard is to be read as a reference to the most recent version of that standard.

3 Subsection 17(3) of the Regulations is replaced by the following:

(3) A portable fire extinguisher that has not less than a 10B rating as defined in the ULC Standard CAN/ULC S508, Rating and Fire Testing of Fire Extinguishers, must be readily accessible from the location of the heating device when the device is in use.

4 Subsection 29(1) of the Regulations is replaced by the following:

29 (1) Commercially manufactured portable ladders must meet the standards set out in CSA Standard Z11, Portable Ladders.

5 Subsection 31(2) of the Regulations is replaced by the following:

(2) The design, construction and installation of a safety net referred to in subsection (1) must meet the standards set out in ANSI Standard ANSI/ASSE A10.11, Safety Requirements for Personnel Nets.

6 Subsection 34(2) of the Regulations is replaced by the following:

(2) For the purposes of subsection (1), the following standards apply:

  • (a) for elevators, dumbwaiters, escalators and moving walks, ASME Standard ASME A.17.1/CSA B44, Safety Code for Elevators and Escalators (Bi-National standard, with ASME A17.1);
  • (b) for manlifts, CSA Standard CAN/CSA B311, Safety Code for Manlifts; and
  • (c) for elevating devices for persons with physical disabilities, CAN/CSA Standard B355, Lifts for Persons with Physical Disabilities.
  • 7 The definition inspector in section 41 of the Regulations is replaced by the following:

    inspector means a person recognized under the laws of Canada or of a province as qualified to inspect boilers, pressure vessels or piping systems or a representative of one of the organizations referred to in the definition of certifying authority in section 2 of the Nova Scotia Offshore Certificate of Fitness Regulations who is qualified to perform that function. (inspecteur)

    8 Section 50 of the Regulations is replaced by the following:

    50 In addition to the requirements of sections 47 to 49, every boiler, pressure vessel and piping system in use at a workplace must be inspected by an inspector as frequently as is necessary to ensure that the boiler, pressure vessel and piping system is safe for its intended use.

    9 (1) The portion of subsection 51(1) of the Regulations before paragraph (b) is replaced by the following:

    51 (1) A record of each inspection carried out under sections 44 and 47 to 50 must be completed and

    • (a) must be signed by the inspector; and
    • (2) Subparagraphs 51(1)(b)(v) to (vii) of the Regulations are replaced by the following:

      • (v) a declaration as to whether, in the inspector’s opinion, the boiler, pressure vessel or piping system is safe for its intended use,
      • (vi) if appropriate in the inspector’s opinion, recommendations regarding the need for more frequent inspections or tests than are required by section 47, 48 or 49, and
      • (vii) any other observation that the inspector considers relevant to the safety of employees.
      • 10 Section 52 of the Regulations is replaced by the following:

        52 This Part does not apply to the lighting of the bridge of a mobile offshore drilling unit, or of the bridge of any ship used for construction, production or diving or for geotechnical or seismic work.

        11 Section 58 of the Regulations is replaced by the following:

        58 In this Part, sound level meter means an instrument for measuring levels of sound and impulse sound that meets the standards set out in ANSI Standard ANSI/ASA S1.4, American National Standard Specification – Sound Level Meters, and is referred to in that Standard as type 0, 1 or 2.

        12 Subparagraph 59(3)(b)(i) of the Regulations is replaced by the following:

        • (i) meets the standards set out in CSA Standard Z94.2, Hearing Protection Devices – Performance, Selection, Care, and Use, and
        • 13 Paragraph 61(a) of the Regulations is replaced by the following:

          • (a) meets the standards set out in CSA Standard Z94.2, Hearing Protection Devices – Performance, Selection, Care, and Use; and
          • 14 Subsection 74(1) of the Regulations is replaced by the following:

            74 (1) All electrical equipment in a hazardous location, as defined in the Canadian Electrical Code, published by the CSA, must be constructed, certified and marked in accordance with that code.

            (1.1) However, if the hazardous location is on any ship used for construction, production or diving or for geotechnical or seismic work, the equipment must be constructed, certified and marked in accordance with the standards established by the American Bureau of Shipping, Bureau Veritas, DNV GL or Lloyd’s Register.

            15 Subsection 92(4) of the Regulations is replaced by the following:

            (4) For the purposes of subsection (3), the minimum capacity of a wash basin must be determined by reference to the applicable municipal by-laws or provincial regulations or, if there are no such by-laws or regulations, by reference to the National Plumbing Code of Canada, published by the Canadian Commission on Building and Fire Codes.

            16 Section 97 of the Regulations is replaced by the following:

            97 Every employer must provide potable water for drinking, personal washing and food preparation that meets the standards set out in the Guidelines for Canadian Drinking Water Quality, published by Health Canada.

            17 Section 102 of the Regulations is replaced by the following:

            102 If drinking water is supplied by a drinking fountain, the fountain must meet the standards set out in ARI Standard 1010, Self-Contained, Mechanically-Refrigerated Drinking-Water Coolers.

            18 Section 106 of the Regulations is replaced by the following:

            106 If food is served in a workplace, the employer must adopt and implement a food safety program that is in accordance with the Guide to Food Safety published by the Canadian Food Inspection Agency.

            19 Section 129 of the Regulations is replaced by the following:

            129 If a hazardous substance is capable of combining with another substance to form an ignitable combination and a hazard of ignition of the combination by static electricity exists, the employer must adopt and implement the standards set out in the United States National Fire Protection Association publication NFPA 77, Recommended Practice on Static Electricity.

            20 (1) Paragraph 135(1)(a) of the Regulations is replaced by the following:

            • (a) an airborne chemical agent, other than grain dust, in excess of the value for that chemical agent adopted by the American Conference of Governmental Industrial Hygienists in its publication entitled Threshold Limit Values and Biological Exposure Indices;
            • (2) Paragraph 135(2)(a) of the Regulations is replaced by the following:

              • (a) the standards set out by the United States National Institute for Occupational Safety and Health in its publication entitled NIOSH Manual of Analytical Methods; or
              • 21 Paragraph 136(3)(a) of the Regulations is replaced by the following:

                • (a) the workplace is a hazardous location as defined in the Canadian Electrical Code, published by the CSA;
                • 22 (1) Paragraphs 140(2)(a) and (b) of the Regulations are replaced by the following:

                  • (a) in respect of radiofrequency and microwave devices in the frequency range 10 MHz to 300 GHz,...
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