Canada Gazette, Part I, Volume 150, Number 53: Regulations Amending the Canada – Nova Scotia Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations

December 31, 2016

Statutory authority

Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

Sponsoring departments

Department of Natural Resources
Department of Employment and Social Development

REGULATORY IMPACT ANALYSIS STATEMENT

For the Regulatory Impact Analysis Statement, see Regulations Amending the Canada – Newfoundland and Labrador Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations.

PROPOSED REGULATORY TEXT

Notice is given, pursuant to subsection 210.127(1) (see footnote a) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act (see footnote b), that the Governor in Council, pursuant to section 210.126 (see footnote c) of that Act, proposes to make the annexed Regulations Amending the Canada – Nova Scotia Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Kim Phillips, Senior Regulatory Officer, Natural Resources Canada, 1801 Hollis Street, Suite 700, Halifax, Nova Scotia B3J 3C8 (tel.: 902-402-0285; fax: 709-772-5734; email: kim.phillips@canada.ca).

Ottawa, December 15, 2016

Jurica Čapkun
Assistant Clerk of the Privy Council

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Marine Installations and Structures Occupational Health and Safety Transitional Regulations (see footnote 1) are repealed.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:

certifying authority means one of the organizations set out in the definition certifying authority in the Nova Scotia Offshore Certificate of Fitness Regulations. (autorité)

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 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 A10.11, Safety Requirements for Personnel and Debris Nets.

6 Paragraphs 34(2)(a) to (c) of the Regulations are replaced by the following:

• (a) elevators, dumbwaiters, escalators and moving walks is CSA Standard B44, Safety Code for Elevators and Escalators;
• (b) manlifts is CSA Standard B311, Safety Code for Manlifts; and
• (c) elevating devices for persons with physical disabilities is 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 a certifying authority 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, the pressure vessel or the 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, the pressure vessel or the 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 an offshore drilling unit, or 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 S1.4, American National Standard Specification for Sound Level Meters, and is referred to in that Standard as type 0, 1 or 2. (sonomètre)

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 Section 74 of the Regulations is amended by adding the following after subsection (1):

(1.1) However, electrical equipment on any ship used for diving, for construction, or for geotechnical or seismic work, may instead be constructed, certified and marked in accordance with the standards of a certifying authority.

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

(4) For the purpose 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, issued 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 Canadian Food Inspection Agency's Guide to Food Safety.

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 the 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 Part I of CSA Standard C22.1, Canadian Electrical Code;

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, Safety Code – 6;
• (b) in respect of X-ray equipment in medical diagnosis, Safety Code – 35;

(2) Paragraphs 140(2)(e) and (f) of the Regulations are replaced by the following:

• (e) in respect of ultrasound, Guidelines for the Safe Use of Diagnostic Ultrasound and Safety Code – 24; and
• (f) in respect of short-wave diathermy, Safety Code – 25.

23 The portion of section 161 of the Regulations before paragraph (a) is replaced by the following:

161 If the conditions set out in paragraphs 160(1)(a), (c), (e) and (f) in the confined space or the nature of the work to be performed in the confined space are such that those paragraphs cannot be complied with, the following procedures apply:

24 Section 170 of the Regulations is replaced by the following:

170 If there is a hazard of head injury in a workplace, the employer must provide to every person granted access protective headwear that meets the standards set out in CSA Standard Z94.1, Industrial Protective Headwear — Performance, Selection, Care and Use.

25 Subsection 171(1) of the Regulations is replaced by the following:

171 (1) If there is a hazard of a foot injury or electric shock through footwear in a workplace, the employer must provide to every person granted access protective footwear that meets one of the following standards:

• (a) CSA Standard Z195, Protective Footwear;
• (b) ASTM F2413, Specification for Performance Requirements for Protective (Safety) Toe Cap Footwear;
• (c) ANSI Z41, Personal Protection — Protective Footwear; or
• (d) ISO 20345, Personal protective equipment — Safety footwear.

26 Section 172 of the Regulations is replaced by the following:

172 If there is a hazard of injury to the eyes, face, ears or front of the neck of an employee in a workplace, the employer must provide to every person granted access eye or face protectors that meet the standards set out in CSA Standard Z94.3, Eye and Face Protectors.

27 Subsections 173(1) to (3) of the Regulations are replaced by the following:

173 (1) Subject to subsection (4), if there is a hazard of an airborne hazardous substance or an oxygen-deficient atmosphere in a workplace, the employer must provide to every person granted access a respiratory protective device that is listed in the NIOSH Certified Equipment List, published by the United States National Institute for Occupational Safety and Health.

(2) A respiratory protective device referred to in subsection (1) must be selected, fitted, cared for, used and maintained in accordance with the standards set out in CSA Standard Z94.4, Selection, Use and Care of Respirators.

(3) If air is provided for the purpose of a respiratory protective device, the air must meet the standards set out in CSA Standard Z180.1, Compressed Breathing Air and Systems and the system that supplies air must be constructed, tested, operated and maintained in accordance with that standard.

28 Paragraphs 176(2)(a) to (i) of the Regulations are replaced by the following:

• (a) CSA Standard Z259.1, Body Belts and Saddles For Work Positioning and Travel Restraint;
• (b) CSA Standard Z259.2.2, Self-Retracting Devices;
• (c) CSA Standard Z259.2.3, Descent Devices;
• (d) CSA Standard Z259.2.4, Fall Arresters Vertical Rigid Rails
• (e) CSA Standard Z259.2.5, Fall Arresters and Vertical Lifelines;
• (f) CSA Standard Z259.10, Full Body Harnesses;
• (g) CSA Standard Z259.11, Energy Absorbers and Lanyards;
• (h) CSA Standard Z259.12, Connecting Components for Personal Fall Arrest Systems (PFAS);
• (i) CSA Standard Z259.13, Manufactured Horizontal Lifeline Systems; and
• (j) CSA Standard Z259.16, Design of Active Fall- protection Systems.

29 Paragraph 178(1)(a) of the Regulations is replaced by the following:

• (a) a life jacket or personal flotation device that meets
  • (i) the Canadian General Standards Board Standard 65.7, Life Jackets, or, if the workplace is a ship used for diving, for construction or for geotechnical or seismic work, the Regulation 2 of Part 1 of Annex 6 to the International Maritime Organization's Resolution MSC.81(70), Revised Recommendation on Testing of Life-Saving Appliances,or
  • (ii) the Canadian General Standards Board Standard 65.11, Personal Flotation Devices; or

30 Subsections 182(1) to (3) of the Regulations are replaced by the following:

182 (1) Every marine installation or structure must be equipped with the fire protection equipment that is appropriate for fighting any class of fire that may occur.

(2) Fire protection equipment must be installed, inspected and maintained in every workplace in accordance with the standards set out in Parts 6 and 7 of the National Fire Code of Canada, issued by the Canadian Commission on Building and Fire Codes.

(3) However, if the marine installation or structure is a ship used for diving, construction, geotechnical or seismic work, fire protection equipment may instead be installed, inspected and maintained in accordance with the following standards:

• (a) regulation 10 of Chapter II-2 of the International Convention for the Safety of Life at Sea (SOLAS), 1974 , Construction – Fire protection, fire detection and fire extinction;
• (b) those standards set out in the International Maritime Organization's International Code for Fire Safety Systems; and
• (c) the standards of a certifying authority.

31 Subsection 185(3) of the English version of the Regulations is replaced by the following:

(3) Every person granted access to a workplace must be instructed in respect of the written emergency procedures referred to in paragraph 178(2)(d).

32 Section 190 of the Regulations is replaced by the following:

190 All portable electric tools used by employees must meet the standards applicable to the particular tool that are set out in CSA Standard C22.2 No. 60745-2, ULC Standard 60745-2 and International Electrotechnical Commission Standard 60745-2.

33 Paragraph 191(c) of the Regulations is replaced by the following:

• (c) are used in a location when reliable grounding cannot be obtained if the tools are supplied from a double-insulated portable ground fault circuit interrupter of the class A type that meets the standards set out in CSA Standard C22.2 No. 144, Ground Fault Circuit Interrupters.

34 Subsection 194(1) of the Regulations is replaced by the following:

194 (1) All explosive actuated fastening tools that are used by employees must meet the standards set out in ANSI A10.3, Safety Requirements for Powder-Actuated Systems.

35 Section 195 of the Regulations is replaced by the following:

195 All chainsaws that are used by employees must meet the standards set out in CSA Standard Z62.1, Chain Saws.

36 The heading before section 204 of the French version of the Regulations is replaced by the following:

Meule

37 Sections 204 to 207 of the Regulations are replaced by the following:

204 (1) Abrasive wheels must be inspected by a qualified person for defects, cracks or other problems before their installation.

(2) Abrasive wheels must be used only on machines that are equipped with machine guards, mounted between flanges and operated and maintained in accordance with the manufacturer's specifications.

(3) A bench grinder must be equipped with a work rest or other device that prevents the work piece from jamming between the abrasive wheel and the wheel guard and that does not make contact with the abrasive wheel at any time.

Grinders

205 A grinder may only be used with an abrasive wheel if the grinder is rated to provide a number of revolutions per minute that is no more than the rating of the abrasive wheel.

Mechanical Power Transmission Equipment

206 All equipment that is used in the mechanical transmission of power must be guarded in accordance with one of the following standards:

• (a) CSA Standard Z432, Safeguarding of Machinery;
• (b) ANSI Standard B11 B15.1, Safety Standard for Mechanical Power Transmission Apparatus; or
• (c) ISO Standard 14120, Safety of machinery - Guards - General requirements for the design and construction of fixed and movable guards.

Punch Presses

207 Punch presses must meet the standards set out in CSA Standard Z142, Code for the Power Press Operation: Health, Safety and Safeguarding Requirements.

38 Subsection 209(2) of the Regulations is replaced by the following:

(2) The design and construction of offshore cranes must meet the standards set out in API Standard API Spec 2C, Offshore Pedestal-mounted Cranes.

39 Section 218 of the Regulations is replaced by the following:

218 Mobile equipment that is used or operated for transporting or handling combustible or flammable substances must be equipped with a portable dry chemical fire extinguisher that has not less than a 5B rating, as defined in ULC Standard S508, Rating and Fire Testing of Fire Extinguishers, and must be so located that it is readily accessible to the operator while the operator is in the operating position of the equipment.

40 Section 228 of the Regulations is replaced by the following:

228 The design, construction, installation, operation and maintenance of each conveyor, cableway or other similar materials handling equipment must meet the standards set out in ASME Standard B20.1, Safety Standards for Conveyors and Related Equipment.

41 Sections 231 to 233 of the Regulations are replaced by the following:

231 (1) The operation, maintenance and inspection of all draw works and associated equipment must meet the following standards:

• (a) API Standard RP 8B, Inspections, Maintenance, Repair and Remanufacture of Hoisting Equipment; and
• (b) API Standard Spec 8C, Specification for Drilling and Production Hoisting Equipment (PSL 1 and PSL 2).

(2) The operation, maintenance and inspection of offshore cranes must meet the standards set out in API Standard RP 2D, Operation and Maintenance of Offshore Cranes.

Slings and Rigging Hardware

232 The use and maintenance of any sling must meet the standards set out in ASME Standard B30.9, Slings.

233 The use and maintenance of any rigging hardware and other attachments used with materials handling equipment must meet the standards set out in ASME Standard B30.26, Rigging Hardware.

42 Section 273 of the Regulations is replaced by the following:

273 (1) At a workplace in which the total number of employees set out in column 1 of Schedule 5 is normally working, the total number of first aid attendants is that which is set out in columns 2, 3 and 4 of that Schedule.

(2) If a physician is available in a workplace, the requirements respecting the presence of a medic do not apply.

Coming into Force

43 These Regulations come into force on the day on which they are registered.

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