Vol. 149, No. 13 — July 1, 2015

Registration

SOR/2015-143 June 12, 2015

CANADA LABOUR CODE

Regulations Amending the On Board Trains Occupational Safety and Health Regulations

P.C. 2015-803 June 11, 2015

His Excellency the Governor General in Council, on the recommendation of the Minister of Labour and the Minister of Transport, pursuant to sections 125 (see footnote a), 125.1 (see footnote b), 126 (see footnote c) and 157 (see footnote d) of the Canada Labour Code (see footnote e), makes the annexed Regulations Amending the On Board Trains Occupational Safety and Health Regulations.

REGULATIONS AMENDING THE ON BOARD TRAINS OCCUPATIONAL SAFETY AND HEALTH REGULATIONS

AMENDMENTS

1. The long title of the On Board Trains Occupational Safety and Health Regulations (see footnote 1) is replaced by the following:

ON BOARD TRAINS OCCUPATIONAL HEALTH AND SAFETY REGULATIONS

2. Section 1 of the Regulations and the heading before it are repealed.

3. (1) The definition “first aid” in section 1.1 of the Regulations is repealed.

(2) Section 1.1 of the Regulations is amended by adding the following in alphabetical order:

“oxygen deficient atmosphere” means an atmosphere in which there is less than 18% by volume of oxygen at a pressure of one atmosphere or in which the partial pressure of oxygen is less than 135 mm Hg; (air à faible teneur en oxygène)

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

4. Section 1.4 of the Regulations is replaced by the following:

1.4 An employer’s keeping and maintenance of health and safety records and records of exposure to hazardous substances shall be done in such a manner that the records are readily available for examination by the Minister and by the policy committee or, if there is no policy committee, the work place committee or the health and safety representative for the work place to which they apply.

5. Section 1.6 of the Regulations is repealed.

6. The heading of Part III of the Regulations is replaced by the following:

LIGHTING

7. The Regulations are amended by adding the following before the heading “GENERAL” before section 3.1:

INTERPRETATION

3. (1) The following definitions apply in this Part.

“task position” means a position at which a visual task is performed. (poste de travail)

“VDT” means a visual display terminal. (TEV)

(2) For the purposes of this Part, 1 lx is equal to 0.0929 foot candle.

8. Section 3.1 of the French version of the Regulations is replaced by the following:

3.1 (1) Les niveaux d’éclairement prévus par la présente partie doivent, dans la mesure du possible, être assurés par un système d’éclairage installé par l’employeur.

(2) Lorsqu’il est difficilement réalisable pour l’employeur de se conformer au paragraphe (1), celui-ci fournit des lanternes portatives dispensant les niveaux d’éclairement prescrits.

9. The heading before section 3.2 of the French version of the Regulations is replaced by the following:

MESURE DES NIVEAUX D’ÉCLAIREMENT

10. Section 3.2 of the Regulations is replaced by the following:

3.2 For the purposes of this Part, the average level of lighting at a task position or in an area shall be determined

11. The heading before section 3.3 of the French version of the Regulations is replaced by the following:

NIVEAUX MINIMUMS D’ÉCLAIREMENT

12. Sections 3.3 and 3.4 of the Regulations are replaced by the following:

3.3 The level of lighting in an area referred to in Column I of an item of Schedule I to this Part shall be not less than the level set out in Column II.

3.4 The level of lighting in an area referred to in Column I of an item of Schedule II to this Part shall be not less than the level set out in Column II.

LIGHTING — VDT

3.4.1 (1) The average level of lighting at a task position set out in Column I of Schedule III to this Part shall not be more than the level set out in Column II.

(2) Reflection glare on a VDT screen shall be limited so that an employee at a task position is able to

13. Paragraph 3.5(2)(b) of the Regulations is replaced by the following:

14. The heading of Schedule I to Part III of the French version of the Regulations is replaced by the following:

NIVEAUX D’ÉCLAIREMENT DANS LES FOURGONS DE QUEUE, LES LOCOMOTIVES ET LES VÉHICULES D’ENTRETIEN

15. (1) The heading of Column II of Schedule I to Part III of the Regulations is replaced by “Level of lighting (lx)”.

(2) The portion of items 1 to 4 of Schedule I to Part III of the Regulations in Column II is replaced by the following:

Item Column II

Level of lighting (lx)
1. 220
2. 220
3. 30
4. 30

16. The heading of Schedule II to Part III of the French version of the Regulations is replaced by the following:

NIVEAUX D’ÉCLAIREMENT À L’EXTÉRIEUR DU MATÉRIEL ROULANT

17. (1) The heading of Column II of Schedule II to Part III of the Regulations is replaced by “Level of lighting (lx)”.

(2) The portion of item 1 of Schedule II to Part III of the Regulations in Column II is replaced by the following:

Item Column II

Level of lighting (lx)
1. 50

18. Part III of the Regulations is amended by adding the following after Schedule II:

SCHEDULE III
(Section 3.4.1)

LEVELS OF LIGHTING — VDT WORK

Item Column I


Task position		 Column II

Level of lighting (lx)
1. VDT task positions at which data entry and retrieval work are performed intermittently 500
2. VDT task positions at which data entry work is performed exclusively  750

19. Part IV of the Regulations is replaced by the following:

PART IV

LEVELS OF SOUND

INTERPRETATION

4.1 The following definitions apply in this Part.

“A-weighted sound pressure level” means a sound pressure level as determined by a measurement system which includes an A-weighting filter that meets the requirements set out in the International Electrotechnical Commission’s International Standard IEC 61672-1, first edition 2002-05, entitled Electroacoustics – Sound Level Meters. (niveau de pression acoustique pondérée A)

“dBA” means decibel A-weighted and is a unit of A-weighted sound pressure level. (dBA)

“noise exposure level (Lex,8)” means the level equal to 10 times the logarithm to the base 10 of the time integral over any 24-hour period of a squared A-weighted sound pressure divided by 8, the reference sound pressure being 20 µPa. (niveau d’exposition (Lex,8))

“sound level meter” means an instrument for measuring levels of sound and impulse sound that meets the requirements set out in the International Electrotechnical Commission’s International Standard IEC 61672-1, first edition 2002-05, entitled Electroacoustics – Sound Level Meters. (sonomètre)

“sound pressure level” means the level equal to 20 times the logarithm to the base 10 of the ratio of the root mean square pressure of a sound to the reference sound pressure of 20 µPa, expressed in decibels. (niveau de pression acoustique)

MEASUREMENT AND CALCULATION OF EXPOSURE

4.2 (1) For the purposes of this Part, the exposure of an employee to sound shall be measured using an instrument that

(2) The exposure of an employee to sound shall be measured in accordance with clauses 5, 6.4.1, 6.4.4, 6.5.2, 6.5.4, 6.6.2 and 6.6.4 of the Standard that is referred to in paragraph (1)(a).

(3) For the purposes of this Part, the measurement and calculation of the noise exposure level (Lex,8) to which an employee is exposed shall take into account the exposure of the employee to A-weighted sound pressure levels of 74 dBA or more.

(4) The measurement and calculation of the noise exposure level (Lex,8) referred to in subsection (3) may also take into account the exposure of the employee to A-weighted sound pressure levels that are less than 74 dBA.

HAZARD INVESTIGATION

4.3 (1) If an employee in a work place may be exposed to an A-weighted sound pressure level of 84 dBA or more for a duration that is likely to endanger the employee’s hearing, the employer shall, without delay,

(2) For the purposes of subsection (1), the measurement of the A-weighted sound pressure level in a work place shall be performed instantaneously, during normal working conditions, using the slow response setting of a sound level meter.

(3) In the investigation referred to in subsection (1), the following matters shall be considered:

(4) On completing the investigation and after consulting with the work place committee or the health and safety representative, the qualified person shall make, sign and date a written report that contains their

(5) The employer shall keep the report at a location that is accessible to affected employees for a period of 10 years after the date of the report.

(6) If the report states that an employee is likely to be exposed to a noise exposure level (Lex,8) of 84 dBA or more, the employer shall, without delay,

LIMITS OF EXPOSURE

4.4 No employee in a work place shall be exposed

REDUCTION OF SOUND EXPOSURE

4.5 If an employee’s exposure to sound exceeds a limit set out in section 4.4, an employer shall, if it is reasonably practicable to do so, by engineering controls or other physical means other than hearing protectors, reduce the employee’s exposure to sound to a level that does not exceed that limit.

REPORT TO MINISTER

4.6 If it is not reasonably practicable, without providing hearing protectors, for an employer to limit the exposure of an employee to whom section 4.4 applies to sound to a level that does not exceed the limits set out in that section, the employer shall, without delay,

HEARING PROTECTION

4.7 (1) An employer who is required to make a report under section 4.6 shall, as soon as practicable, provide every employee whose exposure to sound is likely to exceed a limit set out in section 4.4 with a hearing protector that

(2) If an employer provides a hearing protector to an employee, the employer shall, in consultation with the work place committee or the health and safety representative, develop a program to train the employee in the fit, care and use of the hearing protector and shall implement the program.

(3) If an employer grants a person who is not an employee access to a work place where the person is likely to be exposed to a level of sound that exceeds a limit set out in section 4.4, the employer shall ensure that the person uses a hearing protector that meets the requirements set out in the Standard that is referred to in paragraph (1)(a).

WARNING SIGNS

4.8 (1) If an employee may be exposed to an A-weighted sound pressure level of more than 87 dBA at a work place, the employer shall, in conspicuous places within the work place, post and keep posted signs warning of a potentially hazardous level of sound.

(2) In order to determine whether an employee may be exposed to an A-weighted sound pressure level of more than 87 dBA at a work place, the measurement of the A-weighted sound pressure level shall be performed instantaneously, during normal working conditions, using the slow response setting of a sound level meter.

SCHEDULE
(Section 4.4)

MAXIMUM DURATION OF EXPOSURE TO A-WEIGHTED SOUND PRESSURE LEVELS IN THE WORK PLACE

Column I

A-weighted sound pressure level (dBA)		 Column II

Maximum duration of exposure in hours per employee per 24-hour period
87 8.0
88 6.4
89 5.0
90 4.0
91 3.2
92 2.5
93 2.0
94 1.6
95 1.3
96 1.0
97 0.80
98 0.64
99 0.50
100 0.40
101 0.32
102 0.25
103 0.20
104 0.16
105 0.13
106 0.10
107 0.080
108 0.064
109 0.050
110 0.040
111 0.032
112 0.025
113 0.020
114 0.016
115 0.013
116 0.010
117 0.008
118 0.006
119 0.005
120 0.004

20. The heading before section 6.1 of the French version of the Regulations is replaced by the following:

INTERPRÉTATION

21. Section 6.1 of the Regulations is replaced by the following:

6.1 In this Part, “food preparation area” includes an area used for the storage of food.

22. Paragraph 6.5(2)(b) of the Regulations is replaced by the following:

23. Section 6.7 of the Regulations is replaced by the following:

6.7 (1) An employer shall ensure that each enclosed part of a work place and each on-board accommodation, toilet room and food preparation area is constructed, equipped and maintained in a manner that will prevent the entrance of vermin.

(2) If vermin enter any enclosed part of a work place or any on-board accommodation, toilet room or food preparation area, the employer shall without delay take all steps necessary to eliminate the vermin and prevent any further entries.

24. Section 6.17 of the Regulations is replaced by the following:

6.17 Hot water that is provided to employees for personal washing shall be maintained at a temperature of not less than 35°C and not more than 43°C and shall not be heated by mixing with steam.

25. Section 6.19 of the Regulations is replaced by the following:

6.19 Potable water that is provided to employees for drinking, personal washing and food preparation shall meet the standards set out in the Guidelines for Canadian Drinking Water Quality – Summary Table, prepared by the Federal-Provincial-Territorial Committee on Drinking Water of the Federal-Provincial-Territorial Committee on Health and the Environment and published by the Department of Health, as amended from time to time.

26. Section 6.24 of the Regulations is repealed.

27. Sections 6.25 and 6.26 of the Regulations are repealed.

28. Subsection 6.30(2) of the Regulations is replaced by the following:

(2) The employer shall ensure that an employee who is responsible for handling food waste and garbage or for removing it from a food preparation area does so in accordance with subsections (3) to (5).

(3) Wet food waste and garbage shall be

(4) Dry food waste and garbage shall be removed or incinerated.

(5) Food waste and garbage containers shall be fitted with covers and the food waste and garbage shall be removed as frequently as is necessary to prevent unsanitary conditions.

(6) Food waste and garbage containers shall be cleaned and disinfected in an area separate from the food preparation area each time they are emptied.

29. Section 7.2 of the Regulations is replaced by the following:

7.2 This Part does not apply to the handling or transportation of dangerous goods to which the Transportation of Dangerous Goods Act, 1992 and the regulations made under that Act apply.

30. The Regulations are amended by adding the following before the heading “Hazard Investigation” before section 7.3:

Records of Hazardous Substances

7.2.1 An employer shall keep and maintain a record of all hazardous substances that, in the work place, are used, produced, handled, or stored for use in the work place, and may either keep and maintain a record in each work place or keep and maintain in one work place a centralized record in respect of several work places.

31. (1) Subsection 7.3(1) of the Regulations is replaced by the following:

7.3 (1) If there is a likelihood that the health or safety of an employee in a work place is or may be endangered by exposure to a hazardous substance, the employer shall, without delay,

(2) The portion of subsection 7.3(2) of the Regulations before paragraph (a) is replaced by the following:

(2) In the investigation, the following matters shall be considered:

(3) Paragraphs 7.3(2)(c) to (h) of the Regulations are replaced by the following:

32. Sections 7.4 and 7.5 of the Regulations are replaced by the following:

7.4 On completing the investigation and after consulting with the work place committee or the health and safety representative,

7.5 The employer shall keep the report for a period of 30 years after the date of the report.

33. Paragraphs 7.7(a) and (b) of the Regulations are replaced by the following:

34. Section 7.9 of the Regulations is replaced by the following:

7.9 Subject to section 7.11, if a hazardous substance is stored, handled or used in a work place, any hazard resulting from that storage, handling or use shall be confined to as small an area as practicable.

7.9.1 Every container for a hazardous substance that is used in a work place shall be designed and constructed in such a way that it protects employees from any health or safety hazard that is caused by the hazardous substance.

35. Section 7.11 of the Regulations is replaced by the following:

7.11 If, in a work place, a hazardous substance is capable of combining with another substance to form an ignitable combination and there exists a hazard of ignition of the combination by static electricity, the employer shall comply with the standards set out in the 2007 edition of the United States National Fire Protection Association publication NFPA 77 entitled Recommended Practice on Static Electricity.

36. (1) Subsection 7.16(1) of the Regulations is replaced by the following:

7.16 (1) An employer shall develop and implement an employee education program with respect to hazard prevention and control at the work place in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

(2) Subparagraph 7.16(2)(a)(iv) of the Regulations is replaced by the following:

(3) The portion of subsection 7.16(3) of the Regulations before paragraph (a) is replaced by the following:

(3) An employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, review the employee education program referred to in subsection (1) and, if necessary, revise it

37. (1) Paragraph 7.20(1)(a) of the Regulations is replaced by the following:

(2) Subsection 7.20(2) of the Regulations is replaced by the following:

(2) If there is a likelihood that the concentration of an airborne chemical agent may be greater than the value referred to in paragraph (1)(a), air samples shall be taken and the concentration of the chemical agent shall be determined

38. The Regulations are amended by adding the following after section 7.21:

7.21.1 Compressed air, gas or steam shall not be used for blowing dust or other substances from structures, machinery or materials if

7.21.2 (1) Compressed air shall not be used for cleaning clothing contaminated with

(2) If compressed air is used to clean any other clothing,

39. The heading before section 7.22 and sections 7.22 and 7.23 of the Regulations are replaced by the following:

Ionizing and Non-ionizing Radiation

7.23 (1) If a device that is capable of producing and emitting energy in the form of ionizing or non-ionizing radiation is used in a work place, the employer shall apply the limits set out in Limits of Human Exposure to Radiofrequency Electromagnetic Energy in the Frequency Range from 3 kHz to 300 GHz – Safety Code 6 (2009), published by the Department of Health, as amended from time to time.

(2) If an employee works on or near a device that is capable of emitting nuclear energy, the employer shall ensure that the employee’s exposure to nuclear energy does not exceed the radiation dose limits set out in the Radiation Protection Regulations.

(3) The employer shall ensure that no employee, other than a nuclear energy worker as defined in section 2 of the Nuclear Safety and Control Act, is exposed in the course of any year to a concentration of radon that on average, over the year, is higher than 800 Bq/m3.

40. Section 8.1 of the Regulations and the heading “INTERPRETATION” before it are repealed.

41. Section 8.5 of the Regulations is replaced by the following:

8.5 If there is a hazard of head injury in a work place, protective headwear that meets the standards set out in CSA Standard CAN/CSA-Z94.1-05, Industrial Protective Headwear – Performance, Selection, Care, and Use, as amended from time to time, shall be used.

42. Subsection 8.6(1) of the Regulations is replaced by the following:

8.6 (1) If there is a hazard of foot injury or electric shock through footwear in a work place, protective footwear that meets either the standards set out in CSA Standard CAN/CSA-Z195-09, Protective Footwear, as amended from time to time, or the standards set out in the American Society for Testing and Materials publication F2413-05, entitled Standard Specification for Performance Requirements for Foot Protection, dated 2005, shall be used.

43. Sections 8.7 to 8.9 of the Regulations are replaced by the following:

8.7 If there is a hazard of injury to the eyes or face of an employee in a work place, the employer shall provide the employee with an eye or face protector that meets the standards set out in CSA Standard CAN/CSA-Z94.3-07, Eye and Face Protectors, as amended from time to time.

RESPIRATORY PROTECTION

8.8 (1) If there is a hazard of an airborne hazardous substance or an oxygen-deficient atmosphere in a work place, the employer shall provide a respiratory protective device that is listed in the United States National Institute for Occupational Safety and Health publication entitled Certified Equipment List, as amended from time to time.

(2) The respiratory protective device shall be selected, fitted, used and maintained in accordance with the standards set out in CSA Standard CAN/CSA-Z94.4-11, Selection, Use, and Care of Respirators, as amended from time to time.

(3) If air is provided by means of a respiratory protective device, the air shall meet the standards set out in CSA Standard CAN/CSA-Z180.1-13, Compressed Breathing Air and Systems, as amended from time to time.

44. The portion of section 8.10 of the French version of the Regulations before paragraph (a) is replaced by the following:

8.10 Lorsque, dans un lieu de travail, il y a risque de blessures à la peau ou de maladies transmises à la peau, par contact avec celle-ci ou à travers celle-ci, l’employeur fournit à toute personne à qui il permet l’accès au lieu de travail :

45. The Regulations are amended by adding the following after section 8.11:

PROTECTION AGAINST MOVING VEHICLES

8.11.1 If an employee is regularly exposed to contact with moving vehicles during his or her work, the employer shall ensure that the employee wears high-visibility safety apparel that is readily visible under all conditions of use.

46. Subsection 8.12(1) of the Regulations is replaced by the following:

8.12 (1) A record of all protection equipment provided by the employer shall be kept by the employer in the work place in which the equipment is located for a period of two years after the day on which the equipment ceases to be used.

47. The Regulations are amended by adding the following after section 9.1:

INSTRUCTIONS AND TRAINING

9.1.1 An employer shall provide every employee with instructions and training in the safe and proper inspection, maintenance and use of all hand tools that he or she is required to use and in the safe and proper handling of all materials that he or she is required to handle.

48. Section 9.4 of the Regulations is repealed.

49. Subparagraph 10.2(b)(i) of the English version of the Regulations is replaced by the following:

50. Section 10.3 of the Regulations is replaced by the following:

10.3 (1) Rolling stock shall be fitted with a roof or other structure that protects the operator from exposure to any weather condition that is likely to be hazardous to the operator’s health or safety.

(2) If heat that is produced by self-propelled rolling stock may raise the temperature in the operator’s compartment or position to 27°C or higher, measured 1 m above the floor in the centre of the compartment, the compartment or position shall be protected from the heat by an insulated barrier.

51. The Regulations are amended by adding the following after section 10.6:

10.6.1 Locomotives and passenger train cab cars shall be fitted with braking and other control systems that operate automatically if the operator is incapacitated.

52. Section 10.7 of the Regulations is replaced by the following:

10.7 Self-propelled rolling stock that is electrically powered shall be designed and maintained to protect employees from electrical shock.

53. The Regulations are amended by adding the following after section 10.8:

10.8.1 Rolling stock that is operated by a controller unit shall be equipped with a system that is capable of initiating an emergency stop.

54. The heading before section 10.9 of the Regulations is replaced by the following:

Self-propelled Rolling Stock Used to Transport Passengers

55. The Regulations are amended by adding the following after section 10.9:

10.9.1 Self-propelled rolling stock that is used for transporting passengers shall be fitted with emergency exits and with retro-reflective exterior signs and phosphorescent interior signs that clearly indicate the location of each emergency exit.

56. Subsection 10.12(1) of the Regulations is replaced by the following:

10.12 (1) An employer shall provide every operator of self-propelled rolling stock with instruction and training in the procedures to be followed for its safe and proper use.

(1.1) If an employer requires an operator to inspect or fuel rolling stock, the employer shall provide the operator with instruction and training in the procedures to be followed for its safe and proper inspection or fuelling, as the case may be.

57. Section 10.18 of the Regulations is replaced by the following:

10.18 An employer shall ensure that if an employee fuels rolling stock in a work place, he or she does the fuelling in accordance with the instruction and training referred to in subsection 10.12(1.1) in a place where the vapours from the fuel are readily dissipated.

58. Subsection 10.20(2) of the Regulations is replaced by the following:

(2) An employee shall store and place materials, goods and other things in rolling stock in such a manner that

59. Section 11.2 of the Regulations is replaced by the following:

11.2 The employee’s report of every accident or other occurrence arising in the course of their work that has caused injury to the employee or to any other person shall be made to the employer without delay, either orally or in writing.

60. (1) Section 11.3 of the Regulations is renumbered as subsection 11.3(1) and the portion before paragraph (a) is replaced by the following:

11.3 (1) If an employer becomes aware of an accident, occupational disease or other hazardous occurrence that affects an employee in the course of their work, the employer shall without delay

(2) Paragraph 11.3(1)(c) of the Regulations is replaced by the following:

(3) Section 11.3 of the Regulations is amended by adding the following after subsection (1):

(2) If the hazardous occurrence referred to in subsection (1) is an accident that involves a motor vehicle on a public road and that is investigated by a police authority,

61. (1) The portion of section 11.4 of the Regulations before paragraph (a) is replaced by the following:

11.4 An employer shall report the date, time, location and nature of any accident, occupational disease or other hazardous occurrence referred to in subsection 11.3(1) by telephone to the Minister as soon as practicable but not later than 24 hours after becoming aware of the occurrence, if the occurrence results in

(2) Section 11.4 of the Regulations is amended by adding the following after paragraph (b):

62. Section 11.7 of the Regulations is replaced by the following:

11.7 (1) An employer shall make a report in writing, without delay, in the form set out in Schedule I to this Part setting out the information that is required by that form, including the results of the investigation referred to in paragraph 11.3(1)(b), if that investigation discloses that the hazardous occurrence resulted in any one of the following circumstances:

(2) The employer shall submit a copy of the report referred to in subsection (1)

11.7.1 If an accident referred to in subsection 11.3(2) results in a circumstance referred to in subsection 11.7(1), the employer shall, within 14 days after the receipt of the police report respecting the accident, submit a copy of that report to the Minister.

63. Section 11.8 of the Regulations is replaced by the following:

11.8 An employer shall, not later than March 1 in each year, submit a written report to the Minister, in the form set out in Schedule III to this Part, setting out the number of accidents, occupational diseases and other hazardous occurrences of which the employer is aware that affected any employee in the course of their work during the 12-month period ending on December 31 of the preceding year.

64. Section 11.9 of the Regulations is replaced by the following:

11.9 The employer shall keep a copy of

65. Schedule I to Part XI of the Regulations is replaced by the following:

SCHEDULE I
(Section 11.7)

HAZARDOUS OCCURRENCE INVESTIGATION REPORT

1. TYPE OF OCCURRENCE / GENRE DE SITUATION

Check box Death / Mort

Check box Loss of consciousness / Évanouissement

Check box Disabling injury / Blessure invalidante

Check box Fire or explosion / Incendie ou explosion

Check box Rescue, revival or other similar emergency procedures / Mesures de sauvetage ou de réanimation ou toute autre mesure d’urgence semblable

2. Employer’s name and mailing address / Nom et adresse postale de l’employeur

________________________________________________

Postal code / Code postal __________________

Telephone number / Numéro de téléphone _________________

Site of hazardous occurrence / Lieu de la situation comportant des risques

________________________________________________

Date and time of hazardous occurrence / Date et heure de la situation comportant des risques

________________________________________________

Weather / Conditions météorologiques _____________________________

Witnesses / Témoins ________________________________

Supervisor’s name / Nom du surveillant

________________________________________________

3. Description of what happened / Description des circonstances

________________________________________________

Brief description and estimated cost of property damage / Description sommaire et coût estimatif des dommages matériels

________________________________________________

4. Injured employee’s name (if applicable) / Nom de l’employé blessé (s’il y a lieu)

________________________________________________

Age / Âge ___________________

Occupation / Profession

________________________________________________

Years of experience in occupation / Nombre d’années d’expérience dans la profession

________________________________________________

Description of injury / Description de la blessure

________________________________________________

Sex / Sexe ____________

Direct cause of injury / Cause directe de la blessure

________________________________________________

Was training in accident prevention given to the injured employee in relation to duties performed at the time of the hazardous occurrence? / L’employé blessé a-t-il reçu une formation en prévention des accidents relativement aux fonctions qu’il exerçait au moment de la situation comportant des risques?

Check box Yes / Oui Check box No / Non Check box Specify / Préciser

5. Direct causes of hazardous occurrence / Causes directes de la situation comportant des risques

________________________________________________

6. Corrective measures and date employer will implement / Mesures correctives qui seront appliquées par l’employeur et date de leur mise en œuvre

________________________________________________

Reasons for not taking corrective measures / Raisons pour ne pas prendre de mesures correctives

________________________________________________

Supplementary preventive measures / Autres mesures de prévention

________________________________________________

7. Name of person investigating / Nom de la personne faisant l’enquête

________________________________________________

Signature ______________________

Date ______________________

Title / Titre ______________________

Telephone number / Numéro de téléphone ______________________

8. Work place committee’s or health and safety representative’s comments / Observations du comité local ou du représentant

________________________________________________

Work place committee member’s or health and safety representative’s name / Nom du membre du comité local ou du représentant

________________________________________________

Signature ______________________

Date ______________________

Title / Titre ______________________

Telephone number / Numéro de téléphone ______________________

66. Schedule II to Part XI of the Regulations is repealed.

67. Part XII of the Regulations is replaced by the following:

PART XII

FIRST AID

INTERPRETATION

12.1 The following definitions apply in this Part.

“approved organization” means an organization that is approved by any province for the teaching of first aid. (organisme agréé)

“first aid certificate” means the certificate issued by either a qualified person or the organization that developed the training, as the case may be, for successful completion of a first aid course of at least one day that includes the subjects set out in subsection 12.7(1). (certificat de secourisme)

“first aid station” means a place at which first aid supplies or equipment are stored. (poste de secours)

FIRST AID STATIONS

12.2 (1) An employer shall ensure that there is at least one first aid station located in every work place and that every first aid station is clearly identified by a conspicuous sign and is readily available and accessible during all working hours.

(2) The employer shall inspect every first aid station at least monthly and ensure that its contents are maintained in a clean, dry and serviceable condition.

COMMUNICATION OF INFORMATION

12.3 The employer shall post and keep posted, or have readily available, in a conspicuous place accessible to every employee in each work place

FIRST AID SUPPLIES AND EQUIPMENT

12.4 (1) The employer shall provide, for every first aid station, a first aid kit that includes the first aid supplies and equipment set out in the schedule to this Part and shall replenish the kit.

(2) Medication shall not be stored in first aid kits.

12.5 (1) If there is a hazard of skin or eye injury because of the presence of a hazardous substance in a work place, the employer shall ensure that shower and eye-wash facilities are readily available and accessible to employees.

(2) If it is not practicable to comply with subsection (1), the employer shall provide portable equipment that may be used instead of shower and eye-wash facilities.

(3) If, due to adverse or extreme weather conditions, it is not practicable to comply with subsection (1) or (2), the employer shall provide personal protection equipment to all employees who are likely to be exposed to the hazardous substance.

EMERGENCY TRANSPORTATION

12.6 Before assigning employees to a work place, the employer shall

TRAINING

12.7 (1) An employer shall provide their employees with a one-day first aid course that includes the following subjects and that is given by a qualified person who holds a valid certification from an approved organization attesting that the person is competent to deliver first aid training:

(2) An employer shall ensure that all employees hold a valid first aid certificate.

(3) First aid certificates are, for the purposes of this Part, valid for a maximum of three years from the date of issue.

RECORDS

12.8 (1) An employee who renders first aid in accordance with this Part shall

(2) The employer shall keep the first aid record for a period of two years beginning on the day of the last entry.

(3) Persons who have access to first aid records shall keep the information that is contained in the records confidential, except as required for the purposes of meeting reporting obligations under Part XI.

(4) On receiving a written request from a workers’ compensation authority for the province where the work place is located or from a physician, the employer shall provide an employee with a copy of the first aid record pertaining to the employee’s treatment.

(5) The employer shall keep a record of the expiry date of each employee’s first aid certificate and shall make the record readily available to them.

SCHEDULE
(Section 12.4)

FIRST AID SUPPLIES AND EQUIPMENT

Item Column I

Supplies and Equipment		 Column II

Quantity
1. Antiseptic — wound solution, 60 ml or antiseptic swabs (10 pack) 1
2. Applicator for antiseptic — disposable (10 pack) (not needed if antiseptic swabs provided) 1
3. Bag — disposable, emesis 1
4. Bandages — adhesive strips (12 pack) 1
5. Bandages — gauze 2.5 cm × 4.5 m 2
6. Bandages — 100 cm × 100 cm × 140 cm triangular — and 2 pins 2
7. Emergency blanket — pocket size or conventional type 1
8. First aid record (section 12.8) 1
9. First aid kit container 1
10. Dressing: compress, sterile, 7.5 cm × 12 cm 1
11. Dressings: gauze, sterile 7.5 cm × 7.5 m 4
12. Forceps: splinter 1
13. Gloves: disposable 4
14. First aid manual — English — current edition 1
15. First aid manual — French — current edition 1
16. Pad with shield or tape for eye 1
17. Safety pins (card of 10) 1
18. Scissors 1
19. Tape — adhesive, surgical 2.5 cm × 4.6 m 1
20. Mouth-to-mouth resuscitation mask with one-way valve 1

68. Sections 13.1 to 13.3 of the Regulations are replaced by the following:

13.1 In this Part, “NFPA standard” means the 2010 edition of the United States National Fire Protection Association publication entitled NFPA 10: Standard for Portable Fire Extinguishers.

FIRE EXTINGUISHERS

13.2 (1) An employer shall install at least one portable fire extinguisher in rolling stock, other than rolling stock that is used to transport freight.

(2) A portable fire extinguisher shall be a multi-purpose dry chemical extinguisher that

13.3 An employer shall ensure that a portable fire extinguisher referred to in section 13.2 is

69. Sections 13.5 and 13.6 of the Regulations are replaced by the following:

13.6 A person who performs an inspection in accordance with paragraph 13.3(a) shall date and sign a record of the inspection and the employer shall keep the record for a period of two years from the day on which it is signed.

70. The portion of subsection 13.7(1) of the Regulations before paragraph (b) is replaced by the following:

13.7 (1) An employer shall, after consulting with the work place committee or the health and safety representative, prepare emergency procedures to be implemented

71. The Regulations are amended by adding the following after section 13.9:

PART XIV

HAZARD PREVENTION PROGRAM

14. Despite section 1.4 of the Canada Occupational Health and Safety Regulations, Part XIX of those Regulations applies in respect of employees on trains while in operation and in respect of all persons granted access to such trains by the employer, with the following modifications:

PART XV

VIOLENCE PREVENTION IN THE WORK PLACE

15. Despite section 1.4 of the Canada Occupational Health and Safety Regulations, Part XX of those Regulations applies in respect of employees on trains while in operation and in respect of all persons granted access to such trains by the employer.

72. The Regulations are amended by replacing “safety and health” and “safety or health” with “health and safety” and “health or safety”, respectively, in the following provisions:

73. The French version of the Regulations is amended by replacing “hasardeuse” and “hasardeuses” with “dangereuse” and “dangereuses”, respectively, in the following provisions:

COMING INTO FORCE

74. These Regulations come into force 90 days after the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issues: Employees protected by the On Board Trains Occupational Safety and Health Regulations (OTOSHR) have been exposed to excessive sound levels and have suffered from injury rates that are higher than the federal jurisdiction average for the years 2001–2011. Since OTOSHR came into force in 1987, there have not been any substantial amendments to modernize their occupational health and safety (OHS) requirements, procedures and standards. Also, no amendments have been made to address inquiries from the Standing Joint Committee for the Scrutiny of Regulations (SJCSR).

Description: The amendments address the aforementioned issues. The substantial amendments to the OTOSHR include

  • amending sound levels to which employees may be exposed;
  • adding a new requirement that the employer is expected to introduce engineering controls to reduce employee exposure to noise;
  • requiring that all employees be trained in basic first aid;
  • requiring the employer to develop and implement a hazard prevention program and implement controls that prevent workplace violence, ergonomics-related hazards, and other unsafe or harmful working conditions;
  • updating health and safety standards such as those related to hazardous substances and personal protection equipment; and
  • changing how standards are referenced in the OTOSHR.

Amendments also resolve outstanding SJCSR inquiries, including clarifying certain definitions and addressing discrepancies between the English and French versions of the OTOSHR.

Cost-benefit statement: The implementation of the Regulations Amending the On Board Trains Occupational Safety and Health Regulations (the Regulations) is expected to result in net savings to the Canadian economy of approximately $129M over the 20-year cost-benefit analysis (in constant 2009 dollars). The net present benefits are estimated at $69.2M and the net present costs at $21.7M, resulting in a positive net present value of about $47.5M and a cost-benefit ratio of 3.19:1. The bulk of the savings (approximately $114M) would stem from the new requirements for sound levels on trains resulting in about 500 fewer permanent noise-induced hearing loss injuries.

Costs to rail industry employers are expected to be somewhere in the range between $3M and $18M in the first year after implementation. This is due primarily to requirements mandating the introduction of engineering controls to reduce locomotive sound levels and the final cost is dependent on how many actual locomotives qualify for engineering controls, i.e. where it is reasonably practicable; hence the range of potential costs in the first year after implementation is quite broad. Recurring costs would be about $500K per year and would include other requirements, such as hazard investigation of sound levels by the employer, the purchase of hearing protection equipment, and hazard and violence prevention.

“One-for-One” Rule and small business lens: The “One-for-One” Rule applies to the Regulations, and the proposal is considered an “IN” under the Rule, as it would increase the administrative burden on business. The total annualized administrative cost increase for the 26 federally regulated rail sector businesses is estimated at $72,304, or $2,781 per business. These costs would result primarily from requirements to retain various records.

The small business lens also applies, as the Regulations would also increase costs to the 21 small businesses in the rail sector. Preliminary cost estimates indicate that the Regulations would cost approximately $48,000 per small business in the first year of implementation. The average annualized costs for the following 19 years are estimated at approximately $1,000 per small business.

In order to mitigate the impact on small businesses, a flexible option was considered. Given the high cost of engineering controls, it is likely that implementing these controls will be prohibitive to small businesses, and, as a result, not reasonably practicable. For locomotives where it is not feasible to conduct retrofits, i.e. install air-conditioning, the proposed amendments stipulate that the employer must supply hearing protection equipment to employees likely to be exposed to sound levels exceeding regulatory limits. The flexible option substitutes the retrofit of locomotives with air-conditioning units (the only viable engineering control) with hearing protection equipment (HPE). An additional 12 HPE units will be required as a substitute for not retrofitting the estimated 12 locomotives in the small business sector which would qualify for retrofitting. The flexible option reduces the cost of compliance for small businesses on average over the first 10 years after implementation by approximately $24,000 per year.

To also mitigate the impact on businesses, and to align the coming-into-force date with Transport Canada’s regulatory enforcement approach, which uses 90 days, implementation of the amendments would be delayed by 90 days. This would allow on-board rail companies, including small businesses, additional time to comply with the new requirements.

Domestic and international coordination and cooperation: The Regulations are not expected to have any impact on domestic or international coordination and cooperation. American rail companies operating in Canada, such as Amtrak, are not subject to the Regulations.

Background

There are approximately 36 000 workers in the rail industry who are protected by the Canada Labour Code (the Code). Of that number, about 24 000 are protected by the Canada Occupational Health and Safety Regulations (COHSR), and 12 000 are protected by the Regulations. The COHSR apply to off-board train employees, such as those who work in the train yards, stations and offices. The Regulations, on the other hand, specifically apply to employees on board trains while the train is in operation, and address hazards that are unique to the working environment on board a train in addition to general occupational health and safety (OHS) hazards. The Regulations protect employees, such as railway engineers, railway conductors, brakemen, and passenger train customer service personnel. Federally regulated rail companies are obligated to comply with the Regulations and the COHSR if they have employees working on board and off board trains. Employers of the rail industry include the Canadian National Railway Company, the Canadian Pacific, VIA Rail Canada Inc., the Quebec North Shore and Labrador Railway and the Great Canadian Railtour Company Limited.

Issues

In 1999–2000, Human Resources Development Canada (now Employment and Social Development Canada) — Labour Program carried out a comprehensive study that revealed that rail personnel present on board locomotives were exposed to excessive sound levels. Similarly, the injury rates of on-board train employees are higher than the federal jurisdiction average. Data for the on-board rail industry show an average disabling injury rate of 3.38 per 100 workers (full-time equivalent) for the years 2001–2011 compared to 2.08 per 100 workers for the federal jurisdiction as a whole. In addition, while amendments have been made to the COHSR over the last 20 years to reflect more modern occupational health and safety requirements, procedures and standards, the OTOSHR have not been amended. Also, amendments have not occurred to address the SJCSR concerns that have been outstanding since 1995.

Objectives

The objectives of the Regulations are to

Description

The Regulations update requirements, procedures and standards. Descriptions of the amendments to the OTOSHR are as follows:

Levels of Sound

Part IV (Levels of Sound) of the OTOSHR is revised to lower the maximum permissible sound pressure level to 87 decibel A-weighted (dBA) for an eight-hour period and amend the exchange rate from 5 decibels (dB) to 3 dB. The Occupational Safety and Health Administration of the United States describes the exchange rate as an increase, or decrease, in dB of twice, or half, the noise dose. For example, assuming the duration of exposure is the same, when using a 3 dB exchange rate, a dose of 90 dB is twice the dose of 87 dB. As currently written, the OTOSHR permit an exposure duration of eight hours to a sound level of 87 dBA or more, but less than 90 dBA. Also, the exposure duration is cut in half only when there is an exchange rate of 5 dB. In other words, an on-board train employee could be exposed to 95 dBA for up to four hours, to 100 dBA for two hours, and so on. Harmonizing the OTOSHR with Part VII of the COHSR means that the employees could not be exposed to a sound level of 87 dBA for a period in excess of eight hours. It also sets an exchange rate of 3 dB, which means that if the sound level increases by 3 dB, the exposure duration is cut in half. That is, the exposure duration for 90 dBA is four hours, for 93 dBA is two hours, and so on.

In order to align the OTOSHR with the COHSR and modernize it, requirements and procedures, additional amendments to Part IV include

Hazard prevention program

The requirements for a hazard prevention program are incorporated in the Regulations. This type of program was adopted in the COHSR in 2005 and exists in many other federally regulated industries, such as trucking, telecommunications, banking, and longshoring and the marine sector. An employer is required to develop, implement, and monitor a program for the prevention of hazards (including ergonomics-related hazards) in the workplace that is appropriate to the size of the workplace and the nature of the hazards. A hazard prevention program includes the following six components: (a) an implementation plan, (b) a hazard identification and assessment methodology, (c) hazard identification and assessment, (d) preventive measures, (e) employee education, and (f) program evaluation.

Violence prevention in the workplace

Other requirements that are absent from the OTOSHR and are being applied in federally regulated industries are those related to violence prevention in the workplace. The Regulations incorporate new requirements prescribing an employer to

The purpose of incorporating violence prevention provisions is to ensure that employers take measures to prevent or minimize the occurrence of violence in the workplace, to protect employees, and to provide employees subject to violence in the workplace with access to assistance and recourse.

First aid

Presently, the OTOSHR require that for every workplace at which two or more employees are working, at least one of the employees be trained in the standard first aid. However, this is problematic as standard first aid focuses only on severe injuries and only one individual is trained. As a result, Part XII (First Aid) of the OTOSHR will be amended to state that the employer is responsible for providing basic first aid training to all on-board train employees. Such a requirement will help ensure that adequate first aid attention can be provided in all circumstances, including in circumstances where non-life threatening/non-severe injuries, such as sprains, strains, and bruises could occur. As a result, basic first aid (one-day course) will appropriately address current gaps in training, while the standard first aid (two-day course) will address more severe injuries that occur at the workplace, such as fractures, chest injuries, burns and eye injuries.

Incorporation by reference

The Regulations remove four standards that are referenced as they are no longer applicable (e.g. Air Conditioning and Refrigeration Institute Standard 1010-82 for drinking fountains and water coolers), add a new standard concerning foot protection and update 15 standards (e.g. Canadian Standards Association Z180.1 Standard for compressed breathing air and systems). While standards are modified on a regular basis to adapt requirements to technological advances, modern practices and procedures, 15 standards incorporated in the OTOSHR do not reflect the most recent versions, and thus have to be updated.

In addition to the 15 standards to be updated, the Regulations change how 11 of these standards are referenced. Currently, almost all standards incorporated are static references. Static references cite a specific publication of a standard, but do not include future amendments to that publication. For example, while there is a more recent version of the standard for hearing protection, dated 2002, the OTOSHR state that the employer has to comply with the 1984 version. The Regulations use the ambulatory reference “as amended from time to time” for 11 standards and guidelines. Using the language “as amended from time to time” incorporates the specific publication noted in the Regulations as well as subsequent amendments to the standard. This ensures that the standards remain up-to-date without requiring regulatory amendment.

Standing Joint Committee for the Scrutiny of Regulations

The Regulations address a SJCSR review. In 1995, the SJCSR expressed the following concerns regarding various definitions and provisions in the OTOSHR.

Regional safety officer

The SJCSR stated that the definition of “regional safety officer” detracts from the authority conferred on the Minister by the Code to appoint anyone as a regional safety officer.

Since the prepublication in the Canada Gazette, Part I, the concerns were addressed in the Regulations Amending Certain Regulations Made Under the Canada Labour Code published in the Canada Gazette, Part II, on June 18, 2014 (Vol. 148, No. 13).

Isolated work place

The SJCSR inquired into what constitutes an “isolated work place” in Part XII (First Aid) of the OTOSHR, as the OTOSHR only apply to employees on board trains while in operation.

The intention of the definition is to ensure that employers have suitable transportation services available to employees where standard emergency medical services are not accessible. For example, employees at times operate trains that are not within city limits and they cannot call upon standard emergency medical services to take them to the hospital. In these cases, the employer has to ensure that if an emergency occurs, an employee can access suitable means of transportation to transport them to definitive care.

The Regulations remove the definition of “isolated work place” in Part XII and clarify in section 12.6 of the OTOSHR that the employer has to ensure that wherever the train is being operated, they must have an emergency transportation service available to employees.

Section 8.10

Section 8.10 in the French version of the OTOSHR did not cover the four scenarios (injury to and through the skin and disease to and through the skin), as outlined in the English version of the OTOSHR. This section is amended in the French version to align it with the English version to ensure that the employee is protected from injury to or through the skin and disease to and through the skin.

Schedule I to Part XI

Two amendments occur to Schedule I of Part XI to correct administrative and grammatical errors.

The Regulations remove the statement “See reverse for INSTRUCTIONS au verso,” as it was not the intention to include the instructions in the OTOSHR. The SJCSR noted that the instructions for Schedule I do not appear in the OTOSHR even though the schedule states that the instructions are on the reverse page.

The SJCSR recommended that in Schedule I of the French version the phrase “raisons pour lesquelles aucune mesure corrective n’a été prise” be modified. Given that the intention of the requirement is to ask why the employer has decided not to take any corrective measures, the wording is amended in the French version to state “raisons pour ne pas prendre de mesures correctives.”

Regulatory and non-regulatory options considered

The options considered were maintaining the status quo or amending the existing provisions. The first was not acceptable for the following reasons:

Benefits and costs

The implementation of the regulatory amendments is expected to result in average annual net savings to the Canadian economy of approximately $6.5M, totalling about $129M over the 20-year period of analysis. The majority of these savings (approximately $5.7M annually) would stem from the introduction of the new requirements governing noise exposure on trains while in operation. It is estimated that there will be an annual average reduction of approximately 25 permanent noise-induced hearing loss injuries in the federal on-board rail sector over the next 20 years. In addition, an annual average reduction of 20 injuries is estimated due to the new requirements prescribing the implementation of hazard, ergonomic, and violence prevention programs. These requirements are also expected to result in net savings of approximately $800,000 per year. All figures are expressed in constant 2009 dollars.

The compliance costs associated with the regulatory amendments, again expressed in constant 2009 dollars, are expected to be higher in the first year of implementation, totalling approximately $18M. The majority of these initial costs would result from the new requirement that rail operators introduce engineering controls, where it is technically and economically possible, to minimize sound levels on locomotives. In the following years, costs to comply with the regulatory amendments, both in the context of the new sound level requirements and for those associated with the introduction of the prevention programs, are anticipated to be about $500,000 per year.

Cost-benefit statement

A detailed cost-benefit report entitled Impact Assessment: Amendments to the On Board Trains Occupational Safety and Health Regulations is available upon request.

The cost-benefit report and statement below are expressed in constant 2009 dollars, discounted at 8% per year over 20 years as the analysis for the cost-benefit was done in 2009. The cost-benefit analysis is still applicable today as the new estimates would show little to no variation in the cost-benefit findings and would likely fall within the margin of error of the estimates contained in the actual cost-benefit report.

The implementation of the Regulations is expected to result in net savings to the Canadian economy of approximately $129M over the 20-year cost-benefit analysis period. This would amount to a net present value of about $47.5M. Approximately $114M of net savings stem from the new requirements for sound levels on trains resulting in about 500 fewer permanent noise-induced hearing loss injuries.

The cost to comply with the changes introduced in the Regulations would be absorbed essentially by the Canadian rail transport industry. Costs are expected to be approximately $18M in the first year after implementation, due primarily to requirements mandating the introduction of engineering controls to reduce locomotive sound levels. Recurring costs would be about $500,000 per year and would include other requirements such as hazard investigation of sound levels by the employer, the purchase of hearing protection equipment, and hazard and violence prevention.

Due to a decreased number of injuries, employers, employees and the Canadian economy would benefit from the reduction of direct and indirect costs. For example, employers benefit from not paying transportation to hospital and extra premiums payable to workers’ compensation boards, and the avoidance of productivity losses due to alternate and/or injured workers. Employees would benefit from not having to deal with such costs as the lost or impaired ability to work, and the Canadian economy would also benefit from the reduction of health care costs and of the loss of an employable person in the Canadian workforce.

Cost-to-benefit ratio (discounted): 3:19:1

Cost-benefit Statement Key Stakeholders Year 1 Year 20 Total (Present Value) Annual Average
A. Monetized impacts in 2009 dollars
Benefits Employers of on-board rail sector under federal jurisdiction and the Canadian economy. $1,717,901 $12,506,547 $62,467,784 $7,832,341
Costs Employers of on-board rail sector under federal jurisdiction. $18,129,981 $402,399 $21,718,166 $1,376,862
Net benefits   –$16,412,079 $12,104,149 $47,483,061 $6,455,479
B. Quantified impacts in non-$
Positive impacts (avoided injuries) Employees of on-board rail sector under federal jurisdiction. 45 39 819 41
Negative impacts Employers and employees of on-board rail sector under federal jurisdiction. 0 0 0 0
C. Qualitative impacts
Benefits to employees Employees will become more aware and educated about workplace hazards, which will empower them to take a more proactive role in preventing occupational health and safety accidents. Having fewer accidents at the workplace will reduce stress and increase employee morale overall.
Benefits to businesses Having fewer accidents at the workplace and a more educated workforce will improve workplace culture and the productivity of businesses.
Benefits to Canadian economy Healthy and productive workplaces positively impact Canada’s success in a global economy.

“One-for-One” Rule

The “One-for-One” Rule applies to the Regulations, and is considered an “IN” under the Rule. The total annualized administrative cost increase for the 26 federally regulated rail sector businesses is estimated at $72,304, or $2,781 per business. However, the rail industry in the federal jurisdiction is highly concentrated (with over 95% of locomotives operated by three large firms); as a result, the bulk of these costs will be absorbed by these three large employers. These costs were estimated by using a cost calculator provided by the Treasury Board Secretariat (TBS), which means that all of the relevant monetization parameters for “One-for-One” Rule reporting have been met.

There are six different requirements in the Regulations that constitute an administrative burden as defined by TBS guidelines. All of these six items constitute “INs” or increased administrative costs for federally regulated rail businesses. One of these items deals with the retention of the reports on sound level investigations, two deal with first aid records and three items pertain to hazard prevention program requirements (employee receipt of hazard prevention program education and the retention of that receipt, and the retention of program evaluation reports).

To calculate the costs of the administrative burdens a number of assumptions were made. In general and aligned with cost-benefit analysis assumptions, it was anticipated that in certain instances, 100% of rail companies would be impacted by the new administrative burdens. For other burdens, however, it was understood that only approximately 5% of rail companies would be affected given that 95% of rail companies are already complying with the same requirements under the COHSR or the Railway Safety Management System Regulations, pursuant to the Railway Safety Act. Assumptions made specifically about each “IN” include the following:

Retention of the reports on sound level investigations: This activity would have to be done at each worksite, and there are 13.5 worksites on average per firm in this sector. Most companies have a paper and/or an electronic filing system; therefore, it is anticipated that this activity would not be time consuming (no more than one hour per year for the firm in total).

First aid records: For the two “INs” concerning first aid records, it was estimated that worker compensation boards would request a copy of an employee’s first aid record approximately 2.1 times per company per year in this sector. However, for the first aid record that would have to be kept by the employer that includes the expiration date of an employee’s first aid certificate, administrative staff would initially take about 2.5 hours per instance to develop and input the information for the report. In the following years, updating the report would require about 10 minutes per instance. It is important to note that this would occur once every three years per employee as first aid certificates are valid for three years.

Employee receipt of hazard prevention program education and the retention of this receipt: It was estimated that this activity would occur about once every three years as the program would be evaluated about every three years. For those companies that do not already comply with the COHSR, it was estimated that it would take 1.5 hours for each firm to add an extra file to its current filing system concerning an employee’s hazard prevention program training. However, for all on-board rail companies, it is anticipated that the employer would have to maintain and retain the employee’s receipt of education about 200 times per year at 15 minutes per instance.

Retention of program evaluation reports: It was estimated that 20 minutes would be needed to obtain and file each evaluation report. However, it is anticipated that one report per firm would be developed about every three years as the hazard prevention program would be evaluated about every three years by the employer.

Stakeholder consultations were completed with on-board rail company officials and others in order to obtain input into assumptions used, and estimated costs and time, and frequency (per year) estimates used to monetize the increase in administrative burden. In particular, this was done for the frequency per year estimates used to monetize the requirement for the retention of written reports on sound level tests for employee exposures to sound levels. The Canadian National Railway Company provided direct input on time estimates of this activity. For frequency per year figures for the requirement of first aid records (on receipt of a written request by a provincial workers’ compensation authority), Labour Program first aid experts and a Work Safe Alberta official were consulted. A summary of all the major assumptions, estimates (of time and frequency per firm) and calculations was also circulated to selected interested rail stakeholders for their review and comments.

Small business lens

Stakeholders from train industry including small business were consulted since 2007 through the On-Board Train Working Group. The working group was composed of employee and employer stakeholders as well as technical and operational experts from Transport Canada and the Labour Program. The employee and employer stakeholders involved were Transport Canada’s Advisory Council on Railway Safety; the Railway Association of Canada; the Canadian Auto Workers; the Brotherhood of Locomotive Engineers; the United Transportation Union; the Brotherhood of Maintenance of Way Employees; the Canadian Brotherhood of Railway, the Transport and General Workers Union; the Teamsters Canada Rail Conference; VIA Rail Canada Inc.; Canadian Pacific; and the Canadian National Railway Company.

Additionally, the Railway Association of Canada provided comments during the prepublication in the Canada Gazette, Part I.

The Regulations increase costs to small businesses in the rail sector, and the small business lens applies to this proposal. While a qualitative regulatory flexibility analysis was undertaken for prepublication in the Canada Gazette, Part I, a full quantitative analysis for small business impacts was undertaken for publication in the Canada Gazette, Part II.

There are three very large rail companies in Canada which undertake the majority of economic activity: Canadian National Railway Company, Canadian Pacific, and VIA Rail Canada Inc. There are also several medium-sized companies. There are 21 small businesses in total (i.e. those with fewer than 100 employees or between $30,000 and $5 million in annual gross revenues) that would be affected by this proposal. Of these small businesses, several provide regional (interprovincial) tourism operations, several provide intermodal container rail transportation services, and a number provide interprovincial or international light rail, or short-line railway services (e.g. the Great Canadian Railtour Company Limited).

The small rail businesses in Canada were consulted throughout the development of the Regulations via the OTOSHR working group. About 85% of small businesses were represented in the working group via Transport Canada’s Advisory Council on Railway Safety and the Railway Association of Canada, which includes the majority of federally regulated small businesses in the rail industry.

Cost estimates indicate that the Regulations would cost approximately $48,000 per small business in the first year of implementation. Average costs for the following 19 years are estimated at approximately $1,000 per employer, per year. These costs would initially include the introduction of engineering controls to reduce locomotive sound levels, i.e. equipping locomotives with air-conditioning. Recurring costs would include other requirements such as hazard investigation of sound levels by the employer, the purchase of hearing protection equipment, and hazard and violence prevention programs. Due to the concentration of the bulk of rail activity within three large firms in the federal jurisdiction (over 95% of locomotive stock is operated by these three large employers), the additional administrative costs outlined in the “‘One-for-One’ Rule” section are expected to be minimal for small businesses and are accounted for in the compliance costs of the small business lens (see table below).

A study conducted by the Labour Program suggested that employees working on locomotives equipped with air-conditioning would be exposed to noise levels below 87 dBA. This was based on the assumption that windows would remain closed in the summer months, which is logical when air-conditioning is in use. (see footnote 2) Windows are kept open to deal with high temperatures inside the locomotives during summer months, something that can only be remedied by two means, either opening windows or installing air-conditioning; and only the latter can both regulate temperatures and levels of sound. (see footnote 3)

In order to mitigate the impact on small businesses, a flexible option was considered. Given the high cost of engineering controls, it is likely that implementing these controls will be prohibitive to small businesses and as a result, not reasonably practicable. The flexible option substitutes the retrofit of locomotives with air-conditioning units (the only viable engineering control) with hearing protection equipment (HPE). An additional 12 HPE units will be required as a substitute for not retrofitting the estimated 12 locomotives in the small business sector which would qualify for retrofitting. The flexible option reduces the cost of compliance for small businesses on average over the first 10 years after implementation by approximately $24,000 per year.

The flexible option is recommended. Please see the Small Business Lens Checklist.

  Initial Option Flexible Option
Short description Firms implement engineering controls when reasonably practicable. Firms do not implement engineering controls.
Number of small businesses impacted 21 21
  Annualized average (in 2010 $) Present Value (in 2010 $) Annualized average (in 2010 $) Present Value (in 2010 $)
Compliance costs $559,596 $3,930,367 $71,644 $503,200
Administrative costs – – – –
Total costs $559,596 $3,930,367 $71,644 $503,200
Total cost per small business $26,647 $187,160 $3,412 $23,962

Consultation

There have been two rounds of consultations for the amendments to the OTOSHR. The first round began in 1994 and was successful in developing the amendments. In 2007, another round of consultations began; these were needed in order to harmonize the OTOSHR with the changes made to Part II of the Code in 2000 and the recent amendments made to the COHSR, and to ensure that earlier amendments were still relevant to current industry practices, procedures and standards.

Between 1994 and 2011, there were about 20 working group meetings involving on-board train stakeholders. The working group was composed of employee and employer stakeholders as well as technical and operational experts from Transport Canada and the Labour Program. The employee and employer stakeholders involved were Transport Canada’s Advisory Council on Railway Safety; the Railway Association of Canada; the Canadian Auto Workers; the Brotherhood of Locomotive Engineers; the United Transportation Union; the Brotherhood of Maintenance of Way Employees; the Canadian Brotherhood of Railway, the Transport and General Workers Union; the Teamsters Canada Rail Conference; VIA Rail Canada Inc.; Canadian Pacific; and the Canadian National Railway Company.

Some of the key issues discussed with stakeholders concerned were exposure limits for levels of sound, the provision of first aid to employees, and the incorporation by reference of occupational health and safety standards.

Levels of sound

It was originally proposed that the maximum level of sound permitted be aligned with the COHSR level of 87 dBA. The employer representatives, however, proposed that it be increased to 90 dBA to align with the Federal Railroad Administration Regulations of the United States. After the employer representatives considered the following points, they agreed to the proposal:

The exposure level of 85 dBA was not recommended given the objective of this amendment was to align the OTOSHR with COHSR. If the Regulations were to adopt 85 dBA, there would be a discrepancy between the rail employees that are working on board trains (protected by the OTOSHR) and those that are working elsewhere in the rail industry (protected by the COHSR).

First aid

The OTOSHR require that for every workplace at which two or more employees are working, at least one of the employees shall be trained in standard first aid. Employer representatives noted that it was challenging to ensure that a trained employee was always present at the workplace. They informed the working group that this was especially difficult to ensure as every locomotive requires two employees to operate it, and at least one employee is required to have a standard first aid certificate.

As a solution, the employee representatives proposed that all employees be trained in standard first aid to avoid confusion and to ensure that all employees were equally protected while on board trains. In the case of locomotive engineers and conductors, it was noted that the previous requirement placed employees at risk of not receiving adequate first aid attention. For example, if the trained employee was the one to be injured while operating a locomotive, the untrained employee would have been responsible for providing first aid. This, they emphasized, could have resulted in the injured employee not receiving the same level of care.

As a response, the employer representatives suggested that a review be conducted of the types of injuries that are occurring on board trains in order to determine which type of first aid training was necessary. The Labour Program and Transport Canada agreed that this was the most effective way to determine what is required in order to protect employees.

After reviewing the injury information, it was agreed that given the majority of injuries occurring on board trains were sprains, strains, bruises and general pain, basic first aid (one-day training) was more appropriate. Standard first aid (two-day training) is needed when more severe injuries occur, such as fractures, chest injuries, burns and eye injuries. It was also decided that, because of the health and safety risks and logistics associated with having only one of two employees trained in first aid on board train, all on-board employees would be trained in basic first aid.

Incorporation by reference

It was recommended that all standards be incorporated in the OTOSHR using the ambulatory reference “as amended from time to time” for the reasons given below.

It was also explained that the Maritime Occupational Health and Safety Regulations and the Aviation Occupational Health and Safety Regulations published in the Canada Gazette, Part II, on June 23, 2010, and April 13, 2011, respectively, have incorporated all standards “as amended from time to time” for the reasons stated above.

Employee representatives were in favour of the proposal, while the employer’s representatives expressed a number of concerns. Employer’s representatives noted that Canadian stakeholders are not involved in the development of non-Canadian standards. This issue is compounded, they stated, if these non-Canadian standards are incorporated “as amended from time to time” in the OTOSHR; it does not give stakeholders and/or the Labour Program an opportunity to consider practical, technical or financial issues related to complying with the standard. The employers noted that they would be expected to comply without knowing the costs associated with compliance. They also pointed out that the COHSR have both static and ambulatory references.

The stakeholders were informed that COHSR stakeholders are now more inclined to incorporate standards “as amended from time to time” where there is little to no risk associated with the standards.

The employer’s representatives responded that they would be comfortable with the COHSR approach. In the end, the working group concluded that standards that pose little to no risk concerning their representation are to be incorporated using the ambulatory reference “as amended from time to time,” with the exception of international and American standards.

Standing Joint Committee for the Scrutiny of Regulations

In 2011, stakeholders were also consulted regarding the SJCSR’s specific provisions noted and also reviewed the recommendations to address the inquiries. They did not raise any issues and were in agreement with all amendments.

Comments received following publication of the proposed Regulations in the Canada Gazette, Part I, on April 12, 2014

The proposed Regulations were prepublished in the Canada Gazette, Part I, on April 12, 2014, followed by a 30-day public comment period. During that period, a number of questions and comments were received from stakeholders.

Comments were reviewed and addressed, bearing in mind the objectives of reducing the injury rates of on-board train employees and of harmonizing the OTOSHR’ provisions with those of the COHSR by updating OHS requirements, procedures and standards, while recognizing the specific working conditions in the train sector.

The main comments from stakeholders were related to the requirement in the proposed Regulations for employers to conduct sound level hazard assessment and the related cost, as well as the Canadian Standards Association (CSA) standards that would be incorporated, as amended from time to time.

Other concerns were also expressed related to

Sound level hazard assessment
Stakeholders’ comments

Stakeholders noted that the portion of the cost and benefit analysis dealing with the costs associated with the level of sound changes seem to be significantly understated and that a three-year cycle period for retesting is too demanding. The stakeholders also suggested that an employer would not have to perform his own test and could use other railway tests from other railway companies if it is the same type of locomotive.

Labour Program response

The requirement, in the Regulations, for employers to conduct sound level hazard assessment is necessary, given that hearing loss due to high sound levels is a real health issue for on-board trains employees that must be addressed.

For the purpose of quantifying costs of this activity, the Labour Program estimated that the sound level hazard assessment would occur on average every three years. This estimate is based on the locomotive’s performance deteriorating over time due to wear and tear and, as a result, noise levels could increase. This is not to be interpreted as the Labour Program requiring employers to test every three years. Employers are expected to perform equipment noise level cyclical testing based on sound level safety risks associated with operating the locomotives. The frequency as to when employers are to do the testing is based on the noise exposure hazard to employees. The Regulations prescribe that an employee in a workplace who is exposed to an A-weighted sound pressure level of 84 dbA or more for a duration that is likely to endanger the employee’s hearing, the employer shall appoint a qualified person to carry out an investigation of the degree of that noise exposure.

Furthermore, to estimate the cost of such testing, the Labour Program surveyed a sample of eight specialized companies, including those proposed by the stakeholders. The average cost to test sound levels provided by these companies is $998 per locomotive.

The Regulations are built on the assumption that sample testing will occur on each class of locomotives of a fleet using a representative sample that accounts for discrepancies between individual types of locomotive units. This requires an assessment of the noise exposure hazard to employees, and not testing of the sound levels of locomotives.

Each employer is required to investigate the levels of sound in the workplace. The Regulations do not allow for a simple static test of the piece of equipment. It has to take into account the real life exposure to the person in a particular workplace.

Given the above considerations, the Labour Program did not modify the proposed amendments regarding sound level testing. The Labour Program has, however, updated the cost and benefits analysis to reflect the latest average cost estimate for testing.

CSA standards incorporated as amended from time to time
Stakeholders’ comments

Stakeholders noted that contrary to the current COHSR that make specific reference to a particular edition of CSA standards (static reference), the Regulations is open-ended in that it adds “as amended from time to time” (ambulatory reference). Stakeholders prefer static references to the standards.

Labour Program response

The inclusion of the CSA standards, as amended from time to time, is in the best interests of occupational health and safety, as it is immediately responsive to changes in science, technology and approach. The Labour Program intends to revise the COHSR to incorporate the CSA standards, as amended from time to time. Part X and Part XII of the COHSR are already included in the 2014–2016 Labour Program Forward Regulatory Plan.

During the development of CSA standards, interested stakeholders are able to participate in CSA technical committees. There are tripartite committees composed of representatives from the Government, employers and employees. Each committee consists of a range of experts including manufacturers, suppliers, researchers, testers, users, maintenance people, and regulators. The Labour Program, and the provinces and territories, have representatives on several committees to ensure that standards are written and developed in such a way that they can be referenced in regulations. Once the standard is prepared, it is posted for public review. All stakeholders can therefore become familiar with the standard and all the changes, and send their comments or concerns to the CSA committee. The committees draft the standard and there is then a 90-day period for public review before adopting the final version of the standard. Standards are usually revised every five years. If necessary, the committee will make the changes or improvements accordingly before the standard is sent for publication.

When there is a new or revised standard, employers do not have to change the equipment immediately. However, when the time comes to acquire new equipment, this must be done based on the new requirements of the standard.

When there is a change in the CSA standards related to the level of exposure to different hazardous substances, the employers would have to make sure that proper protection is provided immediately in order to meet the new requirements.

Other concerns considered by the Labour Program
Levels of lighting

The stakeholders raised that the level of 50 lx illumination was much higher than required to safely perform the job and led to complaints from employees and nearby residents that it was too bright.

The level of 50 lx is based on CSA and ANSI standards which state that 50 lx provides the sufficient level of lighting for employees to safely perform their duties in this type of work area. This requirement also aligns with the COHSR which also require 50 lx. In order to ensure employee protection, the Labour Program did not amend the level of lighting.

Foods stored by the employer for consumption by employees

The stakeholders noted that the requirement to keep frozen food at a temperature of –11°C or lower [subsection 6.27(2) of the OTOSHR] should only apply where an employer provides food in the workplace.

The Labour Program agreed that when food was not provided by employers, this requirement does not constitute an OHS issue. As a result, the current regulatory text is maintained and states: “Where foods stored by the employer for consumption by employees require freezing to prevent them from becoming hazardous to health.”

Obtaining a copy of a police report on an accident involving a motor vehicle

The stakeholders raised that paragraph 11.3(2)(a) of the proposed Regulations adds a requirement for employers to obtain a copy of the police accident report involving a motor vehicle on a public road and a train with an employee on board; however, stakeholders have no power to force a police authority to provide the report.

The intention of this paragraph is where the police have investigated a motor vehicle accident affecting an employee on a public road, the employer must attempt to obtain a copy of the police report, and if obtained, this report “shall fulfill” the employer’s duty under section 11.3. If the police refuses to provide a copy of the report, then the employer must appoint a qualified person to carry out the investigation as required by paragraph 11.3(b) and shall report it by telephone or telex to the Minister.

These sections have been in the COHSR since 1989 and have been used frequently by the motor transport industry. They allowed the motor transport industry to obtain information about accidents when it was impractical for the employer to attend the scene and investigate an employee injury or death in a road accident.

Consequently, the Labour Program do not recommend to modify the proposed amendments regarding obtaining a copy of the police report.

The size of bandages in the first aid kit

Stakeholders mentioned that the schedule of items to be included in a first aid kit included an item that was inconsistent with similar requirements under the COHSR. Specifically, item 6 reads “Bandages – 100 cm × 100 cm × 140 cm triangular and two pins.” The similar requirement under the COHSR refers to “bandages triangular 100 cm folded.”

Unfortunately, the COHSR are incorrect, as it is impossible to find a triangle 100 cm folded bandage. The correct size of the bandage that would be found in a first aid kit is 100 cm × 100 cm × 140 cm triangular and 2 pins. The COHSR will be amended in the future to reflect this reality.

First aid record stored in the first aid kit

Stakeholders raised that the COHSR did not require that a first aid manual be included in the first aid kits and that this requirement should not go beyond the COHSR requirements for other employee groups.

The Labour Program does not intend to remove this requirement which was not amended with the proposal. Moreover, a manual is included with every first aid kit when purchased.

Rating of extinguishers

Stakeholders noted that the proposed paragraph 13.2(2)(b) of the Regulations required that a fire extinguisher located in areas other than a locomotive (e.g. compartments or hallways of the train) have a rating of not less than 2-A:30-B:C instead of the requirement for 2-A:10-B:C extinguishers agreed with the working group. Stakeholders asked that the proposed Regulations be changed to reflect the agreed upon standard.

The Labour Program agreed that it should be “10” as it was mistakenly written as “30.”

Extinguishers mounted in brackets

Stakeholders noted that the proposed paragraph 13.3(b) of the Regulations required that a fire extinguisher be “mounted in brackets that are designed to ensure that its functioning is not impaired by vibration, jolting or uneven movement.” They raised that the working group had agreed to wording that required that extinguishers be located so that they are readily accessible.

The Labour Program agreed that the added wording was not required, as the Regulations stated that the fire extinguisher is to be installed, inspected, tested and maintained in accordance with the standard. The proposal was amended to reflect the wording to which the working group agreed.

Where extinguisher inspection records should be kept

Stakeholders noted that the proposed paragraph 12.8(1)(c) of the Regulations requires that a completed first aid record be stored in the first aid kit and that the wording agreed to by the working group only referred to a record of the first aid having to be kept for two years.

The Labour Program did not modify the proposed amendments regarding the record of first aid, since it is standard practice and consistent with the provisions of the COHSR [paragraphs 16.13(2)(a) and (b)].

Hazard prevention programs (HPP)

A stakeholder suggested that for a period of two years beginning on the date of entry, HPP should not be expanded to on-board employees, and that these employees continue to operate under the safety management system, which provides equivalent safety requirements.

The HPP are a successful model that applies to all off-board workplaces to protect the health and safety of workers, while the safety management system is implemented for the purpose of the operational train safety. In view of their effectiveness in terms of ensuring that workplace parties work together to assess and mitigate workplace hazards, the HPP’s requirements are introduced on-board to ensure workplace health and safety. The Labour Program did not modify the proposed amendments regarding HPP.

Emergency windows

Stakeholders raised concerns regarding the new section 10.9.1 that requires self-propelled rolling stocks used for transporting passengers, be fitted with “emergency windows.” This raises major issues for stakeholders whose rolling stocks are equipped with “emergency doors.”

The Labour Program agreed to change the wording from “Emergency Windows” to “Emergency Exits” to accommodate both windows and doors.

List of emergency telephone numbers posted near the telephones in each workplace

Stakeholders raised that although this requirement makes sense for employees covered under the COHSR, employees working on board a locomotive are taught to contact the Rail Traffic Control in the case of any emergency and that a separate requirement to have a list posted in the locomotive is excessive and should be removed from the proposed Regulations.

The Labour Program agrees and removed this requirement.

In addition to some amendments made in response to stakeholder comments, a few further amendments were made to clarify and correct certain provisions. These amendments do not add any requirements and are as follows.

To clarify the provisions regarding occupational exposure limits or Threshold Limit Values and ensure consistency with the COHSR and the Code, the following changes were made to

Under the Code, “hazardous substance” includes a hazardous product and a chemical, biological or physical agent that, by reason of a property that the agent possesses, is hazardous to the safety or health of a person exposed to it. There are hazardous substances which have prescribed occupational exposure limits and/or lower explosive limits, and there are substances which do not have the prescribed limits, but it does not mean that when employees are exposed to these substances, they do not pose a health or safety hazard to the employees. Therefore, the ventilation system should be designed, constructed and installed in such a way that it brings the concentrations of these hazardous substances, which have prescribed limits down to below the limits of exposure, and for those substances without the prescribed limits, brings down the concentrations to the safe working levels, as determined by a qualified person. The Labour Program recommended this change for greater clarity and consistency with the COHSR.

In paragraph 7.20(1)(a), the reference to the American Conference of Governmental Industrial Hygienists publication will be ambulatory in order to ensure consistency with anticipated amendments to Part X of the COHSR and the OHS regulations which have been endorsed by stakeholders through consultation on relevant parts of those regulations.

The current section 8.7 refers to the hazard of injury to the eyes, face, ears or front of the neck of an employee while the CSA Standard CAN/CSA-Z94.3-07, Eye and Face Protectors does not address ears or front of the neck. The Labour Program recommended that “Ears or front of the neck” should be removed from the text since it was not within the scope of the CSA Standard.

The current section 11.4 does not require the report of the permanent impairment, or loss, of a body part as in the current COHSR. The Labour Program recommended adding to the 24-hour reporting requirement (b.1) the loss by an employee of a body member or a part of it or the complete loss of the usefulness of a body member or a part of it; and (b.2) the permanent impairment of a body function of an employee to be more consistent with the COHSR [paragraph 15.5(d)].

Regulatory cooperation

The Rail Safety Directorate of Transport Canada (Rail Safety) has been an active participant in the working group meetings with stakeholders and has provided input into all documentation and information developed to support the amendment of the OTOSHR. The Directorate has also provided input to ensure that the amendments are technically accurate, practical and are harmonized with safe operations pursuant to the Railway Safety Act. In addition, the Regulations minimize the health and safety regulatory differences between the federal jurisdiction and other provinces and territories. For example, the Regulations better align the levels of sound requirements to those already prescribed in provincial jurisdiction regulations. As well, most other provincial and territorial jurisdictions already have requirements concerning hazard and violence prevention. The Regulations are not expected to have any impact on domestic or international coordination and cooperation. American rail companies operating in Canada, such as Amtrak, would not be subject to the Regulations.

Rationale

Proposing new requirements for the Regulations was considered the most effective means to ensure that the health and safety issues affecting employees on board trains are resolved.

The Regulations provide the greatest overall benefit to stakeholders. The Regulations would reduce the rates of hearing loss in the workplace, and in so doing, would provide savings estimated at $130M over a period of 20 years to employers and to Canadian society as a whole. Additionally, the Regulations address outstanding inconsistencies with the COHSR that must be corrected as well as address outstanding SJCSR concerns.

This approach to occupational health and safety issues is consistent with how these issues are addressed under the Code. Further, this regulatory approach is consistent with, if not identical to, how other Canadian jurisdictions, the United States, and Europe address injuries and accidents that occur at the workplace.

Implementation, enforcement and service standards

The Regulations will come into force 90 days from the date of registration of the new requirements to provide employers and the employees the time to become informed about the new requirements and to consult Transport Canada — Rail Safety, if necessary. Activities intended to enforce the Regulations are delegated to Rail Safety. Rail Safety and its delegated officials by the Minister of Labour are therefore responsible for the enforcement of the Regulations. Rail Safety develops compliance and enforcement strategies in consultation with the Interdepartmental Committee on Occupational Safety and Health (ICOSH). ICOSH comprises the functional authorities from Transport Canada and the Labour Program responsible for the coordination, effective and efficient application and enforcement of the Code. Compliance would be monitored as part of the ongoing occupational health and safety program. Rail Safety and delegated officials would also focus on particular workplaces that demonstrate higher health and safety risk, higher disabling injury rates, and/or inability to resolve complaints internally.

As rail industry employers already comply with the COHSR, education and enforcement conducted by Rail Safety and delegated officials would focus mainly on provisions that are unique to on-board train work and the major amendments concerning levels of sound, the hazard prevention program, and the violence prevention program. Rail Safety and delegated officials would provide information to employers and employees via the health and safety committee and representatives, as well as visit workplaces directly.

Overall, the Labour Program’s compliance policy outlines the proactive and reactive activities used by delegated officials to ensure compliance. However, policy committees and workplace committees are the primary mechanisms through which employers and employees work together to solve job-related health and safety problems. Delegated officials assist the rail industry in establishing and implementing policy committees and workplace committees, and related programs.

The statutory powers of delegated officials allow them to enter trains and perform various activities to enforce compliance with the Code and the Regulations. For example, delegated officials may conduct safety audits and inspections. They may also investigate the circumstances surrounding the report of a contravention, work accident, refusal to work, or hazardous occurrence on board trains.

If violations of the Regulations are observed and are not resolved via policy and workplace committees, enforcement actions for non-compliance would be used by a delegated official. Enforcement actions may range from the issuance of a written notice to further steps such as the initiation of prosecution. Initially, an attempt to correct non-compliance with the Regulations, when non-compliance does not represent a dangerous condition, is made through the issuance of an Assurance of Voluntary Compliance (AVC). An AVC is a written commitment that a contravention will be corrected within a specified time. Failure to complete the corrective actions specified in the AVC may lead the delegated official to issue a direction. A direction is issued whenever a serious contravention or dangerous condition exists and when an AVC is not obtainable or has not been fulfilled. Failure to comply with a direction is a violation of the Code, and, as a result, is enforceable by prosecution. Offences can lead to imprisonment. The maximum penalty for offences is, on summary conviction, a fine of $1M, or on conviction on indictment, imprisonment for up to two years and/or a fine of $1M.

Contacts

Doris Berthiaume
Senior Policy Analyst
Occupational Health and Safety Policy Unit
Labour Program
Employment and Social Development Canada
Place du Portage, Phase II, 10th Floor
165 De l’Hôtel-de-Ville Street
Gatineau, Quebec
K1A 0J2
Telephone: 819-654-4445
Fax: 819-953-1743
Email: doris.berthiaume@labour-travail.gc.ca

Pierre LeFort
Senior Advisor
Railway Operations and OHS Rail Safety
Transport Canada
Enterprise Building, Suite 1410
427 Laurier Avenue West
Ottawa, Ontario
K1A 0N5
Telephone: 613-990-3697
Fax: 613-990-7767
Email: lefortp@tc.gc.ca

Small Business Lens Checklist

1. Name of the sponsoring regulatory organization:

Department of Employment and Social Development — Labour Program

2. Title of the regulatory proposal:

Regulations Amending the On Board Trains Occupational Safety and Health Regulations

3. Is the checklist submitted with a RIAS for the Canada Gazette, Part I or Part II?

check box Canada Gazette, Part I checked check box Canada Gazette, Part II

A. Small business regulatory design

I Communication and transparency Yes No N/A
1. Are the proposed Regulations or requirements easily understandable in everyday language? checked check box check box check box
2. Is there a clear connection between the requirements and the purpose (or intent) of the proposed Regulations? checked check box check box check box
3. Will there be an implementation plan that includes communications and compliance promotion activities, that informs small business of a regulatory change and guides them on how to comply with it (e.g. information sessions, sample assessments, toolkits, Web sites)? checked check box check box check box
4. If new forms, reports or processes are introduced, are they consistent in appearance and format with other relevant government forms, reports or processes? checked check box check box check box
The new forms and reports that are introduced are aligned with the forms and reports that are in the Canada Occupational Health and Safety Regulations and other regulations under the Canada Labour Code, Part II. It is important to note that the majority of the rail industry employers must also adhere to the Canada Occupational Health and Safety Regulations given their “off-board” employees who work in train yards, stations and offices.
II Simplification and streamlining Yes No N/A
1. Will streamlined processes be put in place (e.g. through BizPaL, Canada Border Services Agency single window) to collect information from small businesses where possible? checked check box check box check box
While the initiative was not initiated because of the proposed amendments to the On Board Trains Occupational Safety and Health Regulations, the Labour Program is currently implementing a larger operational objective, called the Labour Program Electronic Access Form (LEAF) project, to allow employers (large and small) to fill out a number of reports online. For example, the Hazardous Occurrence Investigation Report and the Employer’s Annual Hazardous Occurrence Report that are prescribed in the On Board Trains Occupational Safety and Health Regulations will be available online to employers.
2. Have opportunities to align with other obligations imposed on business by federal, provincial, municipal or international or multinational regulatory bodies been assessed? checked check box check box check box
Throughout the regulatory development process, efforts were made to align the proposed Regulations with other regulations under the Canada Labour Code, Part II, other Canadian jurisdictions and other countries.
3. Has the impact of the proposed Regulations on international or interprovincial trade been assessed? checked check box check box check box
The proposed Regulations are not expected to have any impact on domestic or international coordination and cooperation. American rail companies operating in Canada, such as Amtrak, are not subject to the Regulations.
4. If the data or information, other than personal information, required to comply with the proposed Regulations is already collected by another department or jurisdiction, will this information be obtained from that department or jurisdiction instead of requesting the same information from small businesses or other stakeholders? (The collection, retention, use, disclosure and disposal of personal information are all subject to the requirements of the Privacy Act. Any questions with respect to compliance with the Privacy Act should be referred to the department’s or agency’s ATIP office or legal services unit.) check box checked check box check box
There are no official information-sharing agreements between Transport Canada and the Labour Program; however, a memorandum of understanding exists between these entities that outlines what and when information is to be shared. For example, the Labour Program gathers and analyzes information from Transport Canada to monitor the application, enforcement and performance of the Canada Labour Code. In addition, there exists an Interdepartmental Committee on Occupational Safety and Health (ICOSH). The ICOSH comprises the functional authorities from Transport Canada and the Labour Program who are responsible for the coordination, effective and efficient application and enforcement of the Code. The ICOSH shares non-personal information concerning injuries and accidents in order for these authorities to fulfill their responsibilities.
5. Will forms be pre-populated with information or data already available to the department to reduce the time and cost necessary to complete them? (Example: When a business completes an online application for a licence, upon entering an identifier or a name, the system pre-populates the application with the applicant’s personal particulars such as contact information, date, etc. when that information is already available to the department.) checked check box check box check box
When the LEAF project is officially launched, and employers are providing information for the Hazardous Occurrence Investigation Report (HOIR), certain information requested for the Employer’s Annual Hazardous Occurrence Investigation Report (EAHOR) will be pre-populated, and thus, no longer obtained from employers.
6. Will electronic reporting and data collection be used, including electronic validation and confirmation of receipt of reports where appropriate? checked check box check box check box
Yes, this has been built into the Labour Program online forms initiative.
7. Will reporting, if required by the proposed Regulations, be aligned with generally used business processes or international standards if possible? checked check box check box check box
Employers have the option to submit information used for business processes as long as the prescribed information is in the documentation provided to Government.
8. If additional forms are required, can they be streamlined with existing forms that must be completed for other government information requirements? checked check box check box check box
III Implementation, compliance and service standards Yes No N/A
1. Has consideration been given to small businesses in remote areas, with special consideration to those that do not have access to high-speed (broadband) Internet? checked check box check box check box
All information to be provided to Government can be submitted via paper or electronically.
2. If regulatory authorizations (e.g. licences, permits or certifications) are introduced, will service standards addressing timeliness of decision-making be developed that are inclusive of complaints about poor service? check box check box checked check box
The Regulations do not and will not enforce licences, permits or certifications, etc.
3. Is there a clearly identified contact point or help desk for small businesses and other stakeholders? checked check box check box check box
The Labour Program has a toll-free (1-800) number where stakeholders can report a serious injury, death or refusal to work. See the first paragraph at www.hrsdc.gc.ca/eng/labour/contact_us/contact_us.shtml.

B. Regulatory flexibility analysis and reverse onus

IV Regulatory flexibility analysis Yes No N/A
1.

Does the RIAS identify at least one flexible option that has lower compliance or administrative costs for small businesses in the small business lens section?

Examples of flexible options to minimize costs are as follows:

  • Longer time periods to comply with the requirements, longer transition periods or temporary exemptions;
  • Performance-based standards;
  • Partial or complete exemptions from compliance, especially for firms that have good track records (legal advice should be sought when considering such an option);
  • Reduced compliance costs;
  • Reduced fees or other charges or penalties;
  • Use of market incentives;
  • A range of options to comply with requirements, including lower-cost options;
  • Simplified and less frequent reporting obligations and inspections; and
  • Licences granted on a permanent basis or renewed less frequently.
 checked check box check box check box
The flexible option substitutes the retrofit of locomotives with air-conditioning units (the only viable engineering control) with hearing protection equipment. A longer time period of three months will be given to comply with the requirements.
2. Does the RIAS include, as part of the Regulatory Flexibility Analysis Statement, quantified and monetized compliance and administrative costs for small businesses associated with the initial option assessed, as well as the flexible, lower-cost option?
  • Use the Regulatory Cost Calculator to quantify and monetize administrative and compliance costs and include the completed calculator in your submission to TBS-RAS.
 checked check box check box check box
Given the impact that the regulatory amendments will have on the rail industry, it was determined that the small business lens analysis would prove to be beneficial in communicating the particular costs to small businesses. For publication in the Canada Gazette, Part II, a quantitative description has been provided.
3. Does the RIAS include, as part of the Regulatory Flexibility Analysis Statement, a consideration of the risks associated with the flexible option? (Minimizing administrative or compliance costs for small business cannot be at the expense of greater health, security or safety or create environmental risks for Canadians.) checked check box check box check box
4. Does the RIAS include a summary of feedback provided by small business during consultations? checked check box check box check box
The summary is provided in the RIAS for the Canada Gazette, Part II. The Regulations were prepublished in the Canada Gazette, Part I. A 30-day public comment period followed. During that period, stakeholders, including the Railway Association of Canada, which represents some small business in the industry, provided comments. The information provided was taken into consideration to adjust the estimated compliance cost for small business
V Reverse onus Yes No N/A
1. If the recommended option is not the lower-cost option for small business in terms of administrative or compliance costs, is a reasonable justification provided in the RIAS? check box check box checked check box
Not applicable, as the lower-cost option for small businesses is the option that has been retained.