Vol. 151, No. 12 — June 14, 2017

Registration

SOR/2017-118 June 2, 2017

CANADA – NEWFOUNDLAND AND LABRADOR ATLANTIC ACCORD IMPLEMENTATION ACT

Regulations Amending the Canada – Newfoundland and Labrador Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations

P.C. 2017-577 June 2, 2017

Whereas, pursuant to subsection 205.125(1) (see footnote a) of the Canada – Newfoundland and Labrador Atlantic Accord Implementation Act (see footnote b), a copy of the proposed Regulations Amending the Canada – Newfoundland and Labrador Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations, substantially in the annexed form, was published in the Canada Gazette, Part I, on December 31, 2016 and a reasonable opportunity was given to interested persons to make representations to the Minister of Natural Resources with respect to the proposed Regulations;

And whereas, the Minister of Natural Resources, pursuant to subsection 7(2) (see footnote c) of that Act, has consulted the minister of the Government of Newfoundland and Labrador who is responsible for occupational health and safety with respect to the proposed Regulations and that minister has approved the making of the proposed Regulations;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources and the Minister of Labour, pursuant to section 205.124 (see footnote d) of the Canada – Newfoundland and Labrador Atlantic Accord Implementation Act (see footnote e), makes the annexed Regulations Amending the Canada – Newfoundland and Labrador Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations.

Regulations Amending the Canada – Newfoundland and Labrador Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations

Amendments

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Marine Installations and Structures Occupational Health and Safety Transitional Regulations (see footnote 1) are repealed.

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

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

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

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

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

Reference

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

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

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

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

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

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

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

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

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

7 The definition inspector in section 41 of the Regulations is replaced by the following:

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

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

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

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

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

(2) Subparagraphs 51(1)(b)(v) to (vii) of the Regulations are replaced by the following:

10 Section 52 of the Regulations is replaced by the following:

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

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

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

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

13 Paragraph 61(a) of the Regulations is replaced by the following:

14 Section 74(1) of the Regulations is replaced by the following:

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) Paragraph 135(2)(a) of the Regulations is replaced by the following:

21 Paragraph 136(3)(a) of the Regulations is replaced by the following:

22 (1) Paragraphs 140(2)(a) and (b) of the Regulations are replaced by the following:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Meule

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

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

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

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

Grinders

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

Mechanical Power Transmission Equipment

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

Punch Presses

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

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

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

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

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

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

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

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

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

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

Slings and Rigging Hardware

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

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

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

273 (1) At a workplace in which the total number of employees normally working is set out in column 1 of Schedule 5, the number of those employees who must be first aid attendants is set out in columns 2 to 4.

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

Coming into Force

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

N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2017-116, Regulations Amending the Canada – Nova Scotia Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations.