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MINISTERIAL ORDER

No. 2018-10

LABOUR

Office of the Minister

 

 

 

Pursuant to section 86 of the Occupational Health and Safety Act, I, Christina Gray, Minister of Labour, hereby:

 

1. Make the Occupational Health and Safety Code 2009 Amendment Regulation in the attached Appendix.

 

2. Rescind Ministerial Order 2018-07.

 

DATED at Edmonton, Alberta this 4 day of May, 2018.

 

 

 

 

 

 


                                                                                          Christina Gray

                                                                                          Minister of Labour


APPENDIX

Occupational Health and Safety Act

OCCUPATIONAL HEALTH AND SAFETY CODE 2009
AMENDMENT REGULATION

1   The Occupational Health and Safety Code 2009 as adopted by AR 87/2009 is amended by this Regulation.

 

2(1)  The title of the Code is repealed and the following is substituted:

OCCUPATIONAL HEALTH AND SAFETY CODE

(2)  The Code may be cited as the Occupational Health and Safety Code (AR 87/2009).

 

3   Section 1 is repealed and the following is substituted:

Part 1
Definitions and General Application

Definitions

1   In this Code,

                                       “abate” means to encapsulate, enclose or remove asbestos‑containing material;

                                        “abnormal audiogram” means an audiogram that indicates

                                       (a)    the threshold in either ear is more than 25 dB at 500, 1000 or 2000 Hz,

                                       (b)    the threshold in either ear is more than 60 dB at 3000, 4000 or 6000 Hz, or

                                       (c)    there is one‑sided hearing loss with the difference in hearing threshold level between the better and the poorer ear exceeding the average of 30 dB at 3000, 4000 and 6000 Hz;

                                       “abnormal shift” means a threshold shift, in either ear, of 15 dB at two consecutive test frequencies from 1000 Hz up to and including 6000 Hz when compared to the baseline test;

                                       “acceptance” means an acceptance issued under section 55 of the Act;

                                        “Act” means the Occupational Health and Safety Act;

                                        “actively transmitting” with respect to radiofrequency transmitters includes being set to “on” or “standby” mode;

                                        “actuated fastening tool” means a tool that uses a pneumatic, hydraulic, explosive or electric source of energy to bring about its action;

                                       “acute illness or injury” means a physical injury or sudden occurrence of an illness that results in the need for immediate care;

                                       “advanced care paramedic” or “ACP” means an advanced care paramedic under the Paramedics Profession Regulation (AR 151/2016);

                                       “advanced first aider” means an emergency medical responder, primary care paramedic, nurse or other person who holds a certificate in advanced first aid from an approved training agency;

                                       “aerial device” means a telescoping or articulating unit used for positioning a personnel basket, bucket, platform or other device at an elevated work location;

                                       “all‑terrain vehicle” means a wheeled or tracked motor vehicle designed primarily for travel on unprepared surfaces, such as open country and marshland, but does not include a snow vehicle or farming, ranching or construction machinery;

                                       “anchor” means an engineered component for coupling a fall arrest or travel restraint system to an anchorage;

                                       “anchorage” means a structure, or part of a structure, that is capable of safely withstanding any potential forces applied by a fall protection system;

                                        “ANSI” means the American National Standards Institute;

                                        “API” means the American Petroleum Institute;

                                       “approved by a Director” or “approved by the Director” means an approval issued under section 56 of the Act;

                                       “approved to” means that the product bears the approval or certification mark of a nationally accredited third‑party testing organization, certifying that the product complies with the referenced standard;

                                       “approved training agency” means a person or organization that enters into an agreement with a Director of Medical Services under section 177;

                                       “asbestos waste” means material that is discarded because there is a reasonable chance that asbestos might be released from it and become airborne, including protective clothing that is contaminated with asbestos;

                                        “ASME” means the American Society of Mechanical Engineers;

                                       “ASSE” means the American Society of Safety Engineers;

                                        “ASTM” means the American Society for Testing and Materials;

                                       “audiometer” means a device meeting the specifications of an audiometer described in ANSI Standard S3.6‑2004, Specification for Audiometers;

                                       “audiometric technician” means a person who has passed an audiometric technician course approved by a Director of Medical Services, or has been approved by a Director of Medical Services as having the equivalent of an approved audiometric technician course and who, in either case, has passed a requalification examination when requested to do so by a Director of Medical Services;

                                       “authorized worker” in sections 562 to 569 means a competent worker authorized by the employer to install, change or repair electrical equipment;

                                        “AWG” means, with respect to electrical conductors, American Wire Gauge;

                                       “biohazardous material” means a pathogenic organism, including a bloodborne pathogen, that, because of its known or reasonably believed ability to cause disease in humans, would be classified as Risk Group 2, 3 or 4 as defined in the Human Pathogens and Toxins Act (Canada), or any material contaminated with such an organism;

                                       “blaster” means a worker who holds a valid blaster’s permit issued under the Occupational Health and Safety Regulation;

                                       “blasting area” means the location at which explosives are being prepared, fired or destroyed or in which armed charges are known or believed to exist, and, except at a mine site, extends at least 50 metres in all directions from the location;

                                       “blasting machine” means a portable device used to initiate detonation;

                                       “blasting mat” means a heavy mat made of woven rope, steel wire or chain, or improvised from other material, placed over loaded holes to prevent earth, rock and debris from being thrown in the air by the detonated explosive;

                                       “boatswain’s chair” means a seat that is suspended from ropes, from which one person works on the side of a building;

                                       “body belt” means a body support consisting of a strap with a means for securing it about the waist and attaching it to other components;

                                       “boom” means the part of a structure that is attached to a crane or lifting device superstructure and used to support the upper end of the hoisting tackle;

                                       “boom truck” means a truck that is equipped with a hydraulically driven structure or device that

                                       (a)    is mounted on a turret that is secured to a truck,

                                       (b)    is supported to provide stability, and

                                       (c)    is equipped with a boom that

                                                (i)    is telescoping or articulating, and

                                               (ii)    can swing or hoist or raise and lower its load;

                                        “bootleg” means that portion of a drill hole or borehole that

                                       (a)    is not destroyed after an explosive charge is detonated in it, and

                                       (b)    may or may not contain explosives;

                                        “BSI” means the British Standards Institute;

                                       “building shaft” means an enclosed vertical opening in a building or structure extending to two or more floors or levels, including an elevator, a ventilation shaft, a stairwell or a service shaft;

                                       “buried facility” means anything buried or constructed below ground level respecting electricity, communications, water, sewage, oil, gas or other substances including, but not limited to, the pipes, conduits, ducts, cables, wires, valves, manholes, catch basins and attachments to them;

                                       “Canadian Electrical Code” means CSA Standard C22.1‑06, Canadian Electrical Code, Part 1, Safety Standard for Electrical Installations;

                                       “CANMET” means the Canadian Explosives Atmospheres Laboratory, Canadian Centre for Mineral and Energy Technology, Natural Resources Canada;

                                       “cantilever hoist” means a hoist in which the car travels on rails that may be an integral part of a vertical mast and on a vertical plane out‑board from the mast;

                                       “carabiner” means a connecting component that

                                       (a)    generally consists of a trapezoidal or oval body with a self‑locking gate that requires at least two consecutive, deliberate actions to open to permit the body to receive an object and that, when released, automatically closes and locks to prevent unintentional opening, and

                                       (b)    has an ultimate tensile strength of at least 22.2 kilonewtons;

                                       “CEN” means the European Committee for Standardization;

                                       “certified by a professional engineer” means stamped and signed by a professional engineer as described in section 14;

                                        “CGSB” means the Canadian General Standards Board;

                                       “chimney hoist” means a hoist used to lift workers, materials or equipment during the construction of a chimney;

                                       “climbable structure” means an engineered or architectural work where the primary method of accessing the structure is by climbing the structure with the principle means of support being the climber’s hands and feet;

                                       “close work site” means a work site that is not more than 20 minutes travel time from a health care facility, under normal travel conditions using available means of transportation;

                                       “combustible dust” means a dust that can create an explosive atmosphere when it is suspended in air in ignitable concentrations;

                                       “combustible liquid” means a liquid that has a flash point at or above 37.8ºC, as determined by using the methods described in the Alberta Fire Code (1997);

                                       “combined operation” in Part 36 means surface and underground mining activity at the same mine site, whether or not the mine material is being extracted from one or more connected or unconnected seams;

                                       “concrete pump truck” in Part 19 means powered mobile equipment that is comprised of a concrete pump, a distribution boom or mast, delivery pipes and the equipment on which they are mounted;

                                       “confined space” means a restricted space which may become hazardous to a worker entering it because of

                                       (a)    an atmosphere that is or may be injurious by reason of oxygen deficiency or enrichment, flammability, explosivity or toxicity,

                                       (b)    a condition or changing set of circumstances within the space that presents a potential for injury or illness, or

                                       (c)    the potential or inherent characteristics of an activity which can produce adverse or harmful consequences within the space;

                                       “contaminant” means a chemical, biological or radiological material in a concentration that will likely endanger the health and safety of a worker if it is inhaled, ingested or absorbed;

                                       “contaminated” means affected by the presence of a harmful substance on workers or at the work site in a quantity sufficient to pose a risk to health;

                                       “contaminated environment” means a work site that contains or may contain a contaminant;

                                       “control system isolating device” means a device that physically prevents activation of a system used for remotely controlling the operation of equipment;

                                       “control zone” means the area within 2 metres of an unguarded edge of a level, elevated work surface that has a slope of no more than 4 degrees;

                                       “cow’s tail” in Part 41 means a short strap, lanyard or sling connected to the main attachment point of a harness;

                                       “CPSC” means the Consumer Product Safety Commission;

                                       “crane” means equipment that is designed to lift loads, lower loads and move loads horizontally when they are lifted;

                                        “CSA” means the Canadian Standards Association;

                                       “3 decibel exchange rate” means that when the sound energy doubles, the decibel level increases by three;

                                       “dBA” means a measure of sound level in decibels using a reference sound pressure of 20 micropascals when measured on the A‑weighting network of a sound level meter;

                                       “demolition” means the tearing down, destruction, breaking up or razing of the whole or part of a building or structure;

                                       “designated signaller” means a person designated to give signals in accordance with section 191;

                                       “detonating cord” means a cord containing explosives of sufficient strength to detonate other explosives;

                                       “detonator” means a blasting detonator, an electric blasting detonator or a similar device used to detonate explosives;

                                       “detonator leg wire” means an electric wire attached to a detonator;

                                       “direct supervision” means that a competent worker

                                       (a)    is personally and visually supervising the worker who is not competent, and

                                       (b)    is able to communicate readily and clearly with the worker who is not competent;

                                       “Director” in Part 36 means the Director of Inspection whose duties include mines;

                                       “discard” means solid or liquid material that is removed or rejected during mining or processing operations because it has no current use, but that may be of future use;

                                       “distant work site” means a work site that is more than 20 minutes but less than 40 minutes travel time from a health care facility, under normal travel conditions using available means of transportation;

                                       “electric blasting detonator” means a shell containing a charge of detonating compound designed to be fired by an electric current;

                                       “electric utility” has the meaning assigned to it by the Electric Utilities Act;

                                       “electromagnetic radiation” includes radiation used or found in association with

                                       (a)    broadcasting,

                                       (b)    mobile communications systems,

                                       (c)    remote control signal stations,

                                       (d)    television and radio transmitters,

                                       (e)    industrial radiofrequency heaters,

                                       (f)    equipment used for geophysical surveys,

                                       (g)    radar,

                                       (h)    atmospheric electrical storms, and

                                        (i)    cellular telephone systems;

                                       “emergency first aider” means a person who holds a certificate in emergency first aid from an approved training agency;

                                       “emergency medical responder” means an emergency medical responder under the Paramedics Profession Regulation (AR 151/2016);

                                       “emergency response plan” means the emergency response plan required under Part 7;

                                       “excavation” in Part 32 means a dug out area of ground but does not include a tunnel, underground shaft or open pit mine;

                                       “excess noise” means noise that exceeds the limits specified in section 218;

                                       “explosive” means a chemical compound or mixture that by fire, friction, impact, percussion or detonation may cause a sudden release of gases at a pressure capable of producing destructive effects to adjacent objects or of killing or injuring a person;

                                       “explosive atmosphere” means an atmosphere that

                                       (a)    contains a substance in a mixture with air, under atmospheric conditions and at a concentration between the substance’s lower explosive limit and upper explosive limit, and

                                       (b)    is capable of producing destructive effects to adjacent objects or of killing or injuring a person;

                                       “exposed worker” means a worker who may reasonably be expected to work in a restricted area at least 30 work days in a 12 month period;

                                       “fall arresting device” means a part of a worker’s personal protective equipment that stops the worker’s fall and does not allow the worker to fall farther;

                                        “fall protection system” means

                                       (a)    a personal fall arrest system,

                                       (b)    a travel restraint system,

                                       (c)    fabric or netting panels intended for leading edge protection,

                                       (d)    a safety net,

                                       (e)    a control zone, or

                                       (f)    use of procedures in place of fall protection equipment;

                                       “fall restrict equipment” means a component of a fall restrict system that, when combined with other subcomponents and elements, allows the climber of a wood pole to remain at his or her work position with both hands free, and that performs a limited fall arrest function when the climber loses contact between his or her spurs and the pole;

                                       “fall restrict system” means a combination of a work positioning system and fall restrict equipment;

                                                                “fibre” means a particulate material with

                                       (a)    a diameter equal to or less than 3 micrometres,

                                       (b)    a length equal to or greater than 5 micrometres, and

                                       (c)    a length to diameter ratio equal to or greater than 3 to 1;

                                       “first aid” means the immediate and temporary care given to an injured or ill person at a work site using available equipment, supplies, facilities or services, including treatment to sustain life, to prevent a condition from becoming worse or to promote recovery;

                                       “first aider” means an emergency first aider, standard first aider or advanced first aider designated by an employer to provide first aid to workers at a work site;

                                       “fixed ladder” means a ladder that is permanently fixed to a supporting structure in a vertical position or at an angle of not more than 15 degrees from vertical and that does not lean back;

                                       “flammable liquid” means a liquid with

                                       (a)    a flash point below 37.8°C, and

                                       (b)    a vapour pressure of not more than 275.8 kilopascals (absolute), as determined by ASTM Standard D323‑06, Standard Test Method for Vapour Pressure of Petroleum Products (Reid Method);

                                                                                  “flammable substance” means

                                       (a)    a flammable gas or liquid,

                                       (b)    the vapour of a flammable or combustible liquid,

                                       (c)    dust that can create an explosive atmosphere when suspended in air in ignitable concentrations, or

                                       (d)    ignitable fibres;

                                       “flash point” means the minimum temperature at which a liquid in a container gives off vapour in sufficient concentration to form an ignitable mixture with air near the surface of the liquid, as determined by using the methods described in the Alberta Fire Code (1997);

                                       “fly form deck panel” means a temporary supporting structure used as a modular falsework that is intended to be, and capable of being, moved from floor to floor and re‑used during a construction project;

                                       “free fall distance” means the vertical distance between the point from which a worker falls to the point at which deceleration begins because of the action of a personal fall arrest system;

                                       “full body harness” means a body support consisting of connected straps designed to distribute force over at least the thighs, shoulders and pelvis, to which a lanyard or lifeline or connecting component can be attached;

                                       “gob” means an area of a mine from which coal has been extracted and the roof allowed to cave in;

                                       “grinder accessory” means an abrasive wheel, cutting disc, wire wheel, buffing or polishing disc, or other similar product;

                                       “GVW” means the manufacturer’s rated gross vehicle weight;

                                        “hand expose zone” means the strip of land

                                       (a)    1 metre wide on each side of the locate marks for a buried facility other than a high pressure pipeline, or

                                       (b)    5 metres wide on each side of the locate marks for a high pressure pipeline;

                                       “hand tool” means hand‑held equipment that depends on the energy of the worker for its direct effect and does not have a pneumatic, hydraulic, electrical or chemical energy source for its operation;

                                       “handling” with respect to explosives includes preparing, loading, firing, burning or destroying explosives or detonators;

                                       “hazard assessment” means an assessment made in accordance with section 7 or 21;

                                       “hazardous energy” in Part 15 means electrical, mechanical, hydraulic, pneumatic, chemical, nuclear, thermal, gravitational or any other form of energy that could cause injury due to the unintended motion, energizing, start‑up or release of such stored or residual energy in machinery, equipment, piping, pipelines or process systems;

                                       “hazardous location” in Part 10 means a place where fire or explosion hazards may exist due to flammable gases or vapours, flammable or combustible liquids, combustible dust or ignitable fibres or flyings, as described in the Canadian Electrical Code;

                                       “health care facility” means a hospital, medical clinic or physician’s office that can dispense emergency medical treatment during the time the workers are at the work site;

                                        “heavy duty scaffold” means a scaffold that

                                       (a)    is designed to support the equivalent of an evenly distributed load of more than 122 kilograms per square metre but not more than 367 kilograms per square metre, and

                                       (b)    has planks with a span of not more than 2.3 metres;

                                        “high hazard work” means work described in Schedule 2, Table 2;

                                       “high pressure pipeline” means a pipeline operating at a pressure of 700 kilopascals or greater;

                                        “hoist” means equipment that is designed to lift and lower loads;

                                       “horizontal lifeline system” means a system composed of a synthetic or wire rope, secured horizontally between 2 or more anchor points, to which a worker attaches a personal fall arrest system or travel restraint system;

                                       “hot tap” means a process of penetrating through the pressure‑containing barrier of a pipeline, line, piping system, tank, vessel, pump casing, compressor casing or similar facility that has not been totally isolated, depressurized, purged and cleaned;

                                       “hot work” means work in which a flame is used or sparks or other sources of ignition may be produced, including

                                       (a)    cutting, welding, burning, air gouging, riveting, drilling, grinding and chipping,

                                       (b)    using electrical equipment not classified for use in a hazardous location, and

                                       (c)    introducing a combustion engine to a work process;

                                       “hours of darkness” means the period from 30 minutes after sunset to 30 minutes before sunrise, or any time when, because of insufficient light or unfavourable atmospheric conditions, persons or vehicles cannot be seen at a distance of 150 metres;

                                       “IEC” means the International Electrotechnical Commission;

                                       “immediately dangerous to life or health” means circumstances in which the atmosphere is deficient in oxygen or the concentration of a harmful substance in the atmosphere

                                       (a)    is an immediate threat to life,

                                       (b)    may affect health irreversibly,

                                       (c)    may have future adverse effects on health, or

                                       (d)    may interfere with a worker’s ability to escape from a dangerous atmosphere;

                                        “incombustible dust” means a pulverized inert mine material of light colour,

                                       (a)    100% of which passes through a 20 mesh sieve,

                                       (b)    not less than 70% by weight of which passes, when dry, through a 200 mesh sieve, and

                                       (c)    that does not contain more than 5% combustible matter or 4% free and combined silica;

                                       “industrial power producer” in Part 40 means an employer authorized in Alberta to generate electrical energy as an independent power producer or solely for its own use in manufacturing or in the handling of material;

                                       “industrial rope access work” in Part 41 means work activities at height which incorporate a working line, safety line and full body harness in combination with other devices that allow a worker to ascend, descend and traverse to and from a work area under his or her own control;

                                       “inerting” means to intentionally flood the atmosphere inside a confined space with an inert gas to eliminate the hazard of igniting flammable vapours;

                                       “ionizing radiation” in section 291 means high‑energy electromagnetic radiation that is capable of disrupting the structure of atoms or molecules;

                                       “ISO” means the International Organization for Standardization;

                                       “isolated” means to have separated, disconnected, de‑energized or depressurized;

                                       “isolated work site” means a work site that is 40 minutes or more travel time from the work site to a health care facility under normal travel conditions using available means of transportation;

                                       “jib” means an extension to a boom that is attached to the boom tip to provide additional boom length;

                                       “Joint First Aid Training Standards Board” means the Joint First Aid Training Standards Board established under the Occupational Health and Safety Regulation;

                                       “Lex” means the level of a worker’s total exposure to noise in dBA, averaged over the entire workday and adjusted to an equivalent 8‑hour exposure measured in accordance with section 219 and based on a 3 decibel exchange rate;

                                       “ladderjack scaffold” means a scaffold erected by attaching a bracket to a ladder to support the scaffold planks;

                                       “lanyard” means a flexible line of webbing or synthetic or wire rope that is used to secure a full body harness or safety belt to a lifeline or anchor point;

                                       “leading edge” means the edge of a floor, roof or formwork for a floor or other walking/working surface which changes location as additional floor, roof, decking or formwork sections are placed, formed or constructed;

                                       “life jacket” means personal protective equipment capable of supporting a person with the head above water in a face‑up position without the direct effort of the person wearing the equipment;

                                       “lifeline” means a synthetic or wire rope, rigged from one or more anchor points, to which a worker’s lanyard or other part of a personal fall arrest system is attached;

                                        “light duty scaffold” means a scaffold that

                                       (a)    is designed to support the equivalent of an evenly distributed load of not more than 122 kilograms per square metre, and

                                       (b)    has planks with a span of not more than 3 metres;

                                       “low hazard work” means work described in Schedule 2, Table 1;

                                       “lower explosive limit” means the lower value of the range of concentrations of a substance, in a mixture with air, at which the substance may ignite;

                                       “lumber” means wood that is spruce‑pine‑fir (S‑P‑F) or better, of Number 2 grade or better and, if referred to by dimensions, meets the requirements of CSA Standard CAN/CSA‑O141‑05, Softwood Lumber, or the requirements of the NLGA Standard, Standard Grading Rules for Canadian Lumber (2003);

                                       “machinery” means a combination of mechanical parts that transmits from one part to another, or otherwise modifies, force, motion or energy that comes from hydraulic, pneumatic, chemical or electrical reactions or from other sources, and includes vehicles;

                                       “magazine” with respect to explosives means a building, storehouse, structure or place in which an explosive is kept or stored, but does not include

                                       (a)    a vehicle in which an explosive is kept for the purpose of moving the explosive from place to place, or,

                                       (b)    a place at which the blending or assembling of the non‑explosive component parts of an explosive is allowed;

                                       “manufacturer’s rated capacity” means the maximum capacity, speed, load, depth of operation or working pressure, as the case may be, recommended by the specifications of the manufacturer of the equipment for the operation of the equipment under the circumstances prevailing at the time it is operated;

                                        “material hoist” means a hoist that is not designed to lift people;

                                       “medical sharp” in Part 35 means a needle device, scalpel, lancet or any other medical device that can reasonably be expected to penetrate the skin or other part of the body;

                                       “medium hazard work” means work that is neither low hazard work nor high hazard work;

                                       “meets the requirements of” means a manufacturer’s self‑declaration that the product complies with the referenced standard is acceptable;

                                       “mine blaster” means a surface mine blaster or an underground mine blaster;

                                       “mine entrance” means a surface entrance to a mine at the point above where excavation began or will begin but does not include a mined out area that has been reclaimed;

                                       “mine level” in Part 36 means a horizontal excavation in the ground or in strata of an underground mine that is usable

                                       (a)    for drainage or ventilation, or

                                       (b)    as an entrance or exit for workers or mine materials to or from a mine or part of a mine;

                                       “mine material” means material that may be taken into or out of a mine including naturally occurring materials, equipment and supplies;

                                                                                                                                          “mine official” means an underground coal mine manager or underground coal mine foreman;

                                       “mine plan” means a map, including a profile or section, of a mine or part of a mine, certified as correct by the mine surveyor;

                                       “mine shaft” in Part 36 means an excavation at an angle of 45 degrees or greater from the horizontal that is usable

                                       (a)    for drainage or ventilation, or

                                       (b)    as an entrance or exit for workers or mine materials to or from a mine or part of a mine;

                                       “mine tunnel” in Part 36 means an excavation at an angle of less than 45 degrees from the horizontal, including inclines and declines, that is usable

                                       (a)    for drainage or ventilation, or

                                       (b)    as an entrance or exit for workers or mine materials to or from a mine or part of a mine;

                                       “mine wall” means the exposed face of an excavation in a surface mine from ground level to the working level;

                                       “misfire” means a drill hole, borehole or device containing an explosive charge that did not explode when detonation was attempted;

                                        “mobile crane” means a crane, other than a boom truck, that

                                       (a)    incorporates a power driven drum and cable or rope to lift, lower or move loads,

                                       (b)    is equipped with a lattice or telescoping boom capable of moving in the vertical plane, and

                                       (c)    is mounted on a base or chassis, either crawler‑ or wheel‑mounted, to provide mobility;

                                        “mobile equipment” means equipment that is

                                       (a)    capable of moving under its own power or of being pulled or carried, and

                                       (b)    not intended to be secured to land or a structure;

                                       “musculoskeletal injury” means an injury to a worker of the muscles, tendons, ligaments, joints, nerves, blood vessels or related soft tissues that are caused or aggravated by work, including overexertion injuries and overuse injuries;

                                       “NFPA” means the National Fire Protection Association;

                                       “NIOSH” means the National Institute for Occupational Safety and Health;

                                       “NLGA” means the National Lumber Grades Authority;

                                       “noise” means sound energy at a work site;

                                       “non‑industrial rope access work” in Part 41 means work activities performed within a recreational or sport context that incorporate a working line and a sit harness or full body harness in combination with other devices during

                                       (a)    mountaineering, caving and canyoning activities requiring the use of rope access techniques, or

                                       (b)    climbing on artificial structures designed and built for the purpose of sport climbing;

                                       “nurse” means a registered nurse who is a member of the College and Association of Registered Nurses of Alberta established under the Health Professions Act and who is an advanced first aider;

                                       “occupational exposure limit (OEL)” with respect to a substance, means the occupational exposure limit established in Schedule 1, Table 2 for that substance;

                                       “occupational rope access” in Part 41 includes both industrial and non‑industrial rope access work;

                                       “operate” with respect to machinery or equipment includes using or handling the machinery or equipment;

                                       “OSHA” means the Occupational Safety and Health Administration;

                                       “outlet” in Part 36 means a shaft, slope, incline, decline, adit, tunnel, level or other means of entry to or exit from an underground mine;

                                       “outrigger scaffold” means a supported scaffold that consists of a platform resting on outrigger beams (thrustouts) projecting beyond the wall or face of the building or structure, with inboard ends secured inside the building or structure;

                                       “parenteral contact” means piercing mucous membranes or the skin;

                                       “particulate not otherwise regulated” means insoluble particulate composed of substances that do not have an occupational exposure limit;

                                       “permanent” when referring to a structure, process or action, means that it is intended to last indefinitely;

                                       “permanent suspension powered work platform” means a suspension powered work platform that is a permanent part of a building or structure;

                                       “permitted explosive” means an explosive that is listed as such by the Chief Inspector of Explosives, Natural Resources Canada;

                                       “personal fall arrest system” means personal protective equipment that will stop a worker’s fall before the worker hits a surface below the worker;

                                       “personal flotation device” means personal protective equipment capable of supporting a person with the head above water, without the direct effort of the person wearing the equipment;

                                       “personal protective equipment” means equipment or clothing worn by a person for protection from health or safety hazards associated with conditions at a work site;

                                       “PIP” means Process Industry Practices;

                                       “pipeline” has the meaning assigned to it by the Pipeline Act;

                                       “portable ladder” means any ladder that is not a fixed ladder;

                                       “portable power cables” in Part 36 means portable trailing cables as specified in the applicable sections of CSA Standard CAN/CSA‑M421‑00 (R2007), Use of Electricity in Mines;

                                       “portal” means a structure at the entrance to an underground mine, including any at the surface and any for a distance underground of 30 metres,

                                       (a)    that is used to support the ground and protect workers, or

                                       (b)    where outlets, other than vertical shafts, reach the surface;

                                       “powered mobile equipment” means a self‑propelled machine or combination of machines, including a prime mover or a motor vehicle, designed to manipulate or move material or to provide a powered aerial device for workers;

                                       “primary care paramedic” means a primary care paramedic under the Paramedics Profession Regulation (AR 151/2016);

                                       “prime” with respect to explosives means to attach a safety fuse assembly or detonator;

                                       “processing plant” in section 532 means a facility where coal, minerals or other products of a mine are cleaned, sized or prepared for sale or use;

                                       “professional engineer” means a professional engineer under the Engineering and Geoscience Professions Act;

                                       “pulmonary function technician” means a person who

                                       (a)    has passed, or has been approved by a Director of Medical Services as having done the equivalent of passing, a pulmonary function technician course approved by a Director of Medical Services, and

                                       (b)    if so required by a Director of Medical Services, has passed a re‑qualification examination approved by such a Director;

                                       “purge” means to remove a substance by displacing it with another substance;

                                       “quarry” means an operation involved in the mining of limestone, sandstone or another industrial mineral;

                                       “radiofrequency transmitters” means transmitters that include radio towers, television towers, portable two‑way radio base stations and repeaters, portable two‑way radios and cellular telephones;

                                       “respirable particulate” means airborne particulate collected and analyzed using NIOSH Method 0600 (Particulates Not Otherwise Regulated, Respirable);

                                       “restricted area” means an area of a work site where there is a reasonable chance that the airborne concentration of asbestos, silica, coal dust or lead exceeds or may exceed the occupational exposure limit for one or more of the substances;

                                       “restricted space” means an enclosed or partially enclosed space, not designed or intended for continuous human occupancy, that has a restricted, limited or impeded means of entry or exit because of its construction;

                                       “rural electrification association” in Part 40 means an association under the Rural Utilities Act whose purpose is to supply electricity to its members;

                                       “SAE” means the Society of Automotive Engineers;

                                       “safe patient/client/resident handling” in Part 14 means lifting, transferring or repositioning by the use of engineering controls, lifting and transfer aids or assistive devices, by lift teams or other trained staff rather than by sole use of worker body strength;

                                       “safeguard” means a guard, shield, guardrail, fence, gate, barrier, toe board, protective enclosure, safety net, handrail or other device designed to protect workers operating equipment or machinery, but does not include personal protective equipment;

                                       “safety‑engineered medical sharp” in Part 35 means a medical sharp that is designed to, or has a built‑in safety feature or mechanism that will, eliminate or minimize the risk of accidental parenteral contact while or after the sharp is used;

                                       “safety fuse” means a train of black powder that

                                       (a)    is tightly wrapped and enclosed in a series of textiles and waterproof materials,

                                       (b)    can be connected to a detonator, and

                                       (c)    burns internally at a continuous and uniform rate when ignited;

                                       “safety fuse assembly” means a safety fuse to which a detonator is attached;

                                       “scaffold” means a temporary work platform and its supporting structure used for supporting workers or materials or both, but does not include suspended cages, permanent suspension powered work platforms, boatswain’s chairs, elevating platforms, aerial devices, fork‑mounted work platforms, temporary supporting structures and fly form deck panels;

                                       “secure” in Part 15 means ensuring that an energy‑isolating device cannot be released or activated;

                                       “sharps” means needles, knives, scalpels, blades, scissors and other items that can cut or puncture a person, that may also be contaminated with a biohazardous material;

                                       “shock absorber” means a device intended to reduce the force on a worker when a personal fall arrest system is operating;

                                       “small utility vehicle” in Part 18 means a small vehicle designated for off‑road use, equipped with a bench‑type seat and a steering wheel, and designed to transport more than one person;

                                       “snow vehicle” means a motor vehicle designated or intended to be driven exclusively or chiefly on snow or ice;

                                       “snubbing” in Part 37 means the act of moving tubulars into or out of a well bore when pressure is contained in the well through the use of stripping components or closed blowout preventers (BOPs), and mechanical force is required to move the tubing in order to overcome the hydraulic force exerted on the tubular in the well bore;

                                       “split” in Part 36 means a separate fresh air ventilation circuit in which the intake air comes directly from the main intake airway and the return air goes directly to the main return airway;

                                       “spoil pile” means waste material excavated from an excavation, tunnel or underground shaft;

                                       “standard first aider” means a first aider who holds a certificate in standard first aid from an approved training agency;

                                       “surface mine” means a mine worked by strip mining, open pit mining or other surface method, including auger mining;

                                       “surface mine blaster” means a worker who holds a valid surface mine blaster’s certificate issued under the Occupational Health and Safety Regulation;

                                       “suspended scaffold” means a work platform suspended from above by wires or ropes;

                                       “swing drop distance” means, in a fall‑arresting action, the vertical drop from the onset of the swinging motion to the point of initial contact with a structure;

                                       “temporary” with respect to a structure, process or action, means that it is not intended to last indefinitely;

                                       “temporary protective structure” means a structure or device designed to provide protection to workers, in an excavation, tunnel or underground shaft, from cave‑ins, collapses or sliding or rolling materials and includes shoring, bracing, piles, planking or cages;

                                       “temporary supporting structures” means falsework, forms, fly form deck panels, shoring, braces or cables that are used to support a structure temporarily or to stabilize materials or earthworks until they are self‑supporting or their instability is otherwise overcome, and includes a thrustout materials landing platform;

                                       “total fall distance” means the vertical distance from the point at which a worker falls to the point where the fall stops after all personal fall arrest system components have extended;

                                       “total particulate” means airborne particulate collected and analyzed using NIOSH Method 0500 (Particulates Not Otherwise Regulated, Total);

                                       “tower crane” means a crane that

                                       (a)    is designed to incorporate a power driven drum and cable, a rope and a vertical mast or a tower and jib,

                                       (b)    is of the travelling, fixed or climbing type, and

                                       (c)    is not used to lift people;

                                       “tower hoist” means a hoist

                                       (a)    with a tower that is an integral part of it or supports it,

                                       (b)    that travels between fixed guides, and

                                       (c)    that is not used to lift people;

                                       “travel restraint system” means a type of fall protection system, including guardrails or similar barriers, that prevents a worker from travelling to the edge of a structure or to a work position from which the worker could fall;

                                       “trench” means a long narrow dug out area of ground that is deeper than its width at the bottom;

                                       “tunnel” in Part 36 means an underground passage with an incline of less than 45 degrees from the horizontal;

                                       “UIAA” means the Union Internationale des Associations d’Alpinisme;

                                       “ULC” means the Underwriters’ Laboratories of Canada;

                                        “underground coal mine electrical superintendent” means a worker who holds a valid underground coal mine electrical superintendent’s certificate issued under the Occupational Health and Safety Regulation;

                                       “underground coal mine foreman” means a worker who holds a valid underground coal mine foreman’s certificate issued under the Occupational Health and Safety Regulation;

                                       “underground coal mine manager” means a worker who holds a valid underground coal mine manager’s certificate issued under the Occupational Health and Safety Regulation;

                                       “underground mine” means a mine other than a surface mine;

                                       “underground mine blaster” means a worker who holds a valid underground mine blaster’s certificate issued under the Occupational Health and Safety Regulation;

                                       “underground shaft” means an underground passage with an incline of 45 degrees or more from the horizontal, including a drilled or bored pile or caisson, that is used primarily for the transportation of workers or materials;

                                       “underground shaft hoist” means a hoist used in an underground shaft to gain entry to and exit from a tunnel or underground space, and includes a device for conveying mine material;

                                       “utility employee” in Part 40 means a worker engaged in the work of an electric utility, industrial power producer or rural electrification association;

                                       “vehicle” means a device in, on or by which a person or thing may be transported or drawn, and includes a combination of vehicles;

                                       “ventilation stopping” in Part 36 means a structure that directs air flow or separates intake and return air systems;

                                       “welding or allied process” in Part 10 means any specific type of electric or oxy‑fuel gas welding or cutting process, including those processes referred to in Appendix A of CSA Standard W117.2‑06, Safety in Welding, Cutting and Allied Processes;

                                       “work area” means a place at a work site where a worker is, or may be, during work or during a work break;

                                       “work positioning system” means a system of components attached to a vertical safety line and including a full body harness, descent controllers and positioning lanyards used to support or suspend a worker in tension at a work position;

                                       “working face” means the surface from which mineable material, overburden or waste material is being removed;

                                       “workings” means the area where excavation is occurring in a mine.

 

4   Section 2 is repealed.

 

5   Section 2.1 is repealed.

 

6   Section 7(5) is repealed.

 

7   Section 8(2) is repealed.

 

8   Section 11 is repealed.

 

9   Section 20(1) is amended by adding “or” at the end of clause (f), by striking out “or” at the end of clause (g) and by repealing clause (h).

 

10   Section 22(3) is repealed and the following is substituted:

22(3)  As soon as reasonably practicable, an employer must inform the joint work site health and safety committee or health and safety representative, if there is one, in writing, that a worker has been exposed to more than the occupational exposure limit of a substance, and of the steps taken to control the overexposure.

 

11   Section 65(2)(c) is repealed and the following is substituted:

                               (c)    if ownership of a lifting device is transferred, the log book is transferred with the equipment.

 

12   Section 139 is amended

                               (a)    by repealing subsection (1) and substituting the following:

General protection

139(1)  An employer and a supervisor, or a self-employed person, must ensure that a worker is protected from falling if a worker may fall,

                                       (a)    at a temporary or permanent work area, a vertical distance of 3 metres or more,

                                       (b)    at a temporary or permanent work area, a vertical distance of less than 3 metres if there is an unusual possibility of injury,

                                       (c)    at a temporary or permanent work area, into or onto a hazardous substance or object, or through an opening in a work surface, or

                                       (d)    at a permanent work area, a vertical distance of more than 1.2 metres and less than 3 metres.

                               (b)    by repealing subsection (3) and substituting the following:

139(3)  Subject to subsection (5), an employer or a self-employed person must install a guardrail.

                               (c)    by repealing subsection (4);

                               (d)    in subsection (5)

                                        (i)    by striking out “Despite subsections (3) and (4)” and substituting “Subject to subsection (6)”;

                                       (ii)    by adding “and a supervisor, or a self-employed person,” after “employer”;

                               (e)    in subsection (6)

                                        (i)    by striking out “Despite subsection (5)” and substituting “Subject to subsection (7)”;

                                       (ii)    by adding “and a supervisor, or a self-employed person,” after “employer”;

                                (f)    in subsection (7)

                                        (i)    by striking out “Despite subsection (6), if” and substituting “If”;

                                       (ii)    by adding “and a supervisor, or a self-employed person,” after “employer”;

                                      (iii)    by striking out “that meets the requirement of this Part”;

                               (g)    by repealing subsection (8) and substituting the following:

139(8)  A worker must use a fall protection system as required by this section.

 

13   Section 177 is amended by striking out “the Director” wherever it occurs and substituting “a Director”.

 

14   Section 178 is amended

                               (a)    in subsection (1) by striking out “the Director” and substituting “a Director”;

                               (b)    in subsection (3) by striking out “section 34” and substituting “section 55”.

 

15   Section 181 is amended by striking out “EMT-P” wherever it occurs and substituting “ACP”.

 

16   Section 184(2) is amended by striking out “section 8” and substituting “section 51”.

 

17   Part 13 is repealed and the following is substituted:

Part 13

Joint Work Site Health and Safety Committees
and Health and Safety Representatives

Application of this Part

196   This Part applies to a work site that is required to have a joint work site health and safety committee under section 16 of the Act or a health and safety representative under section 17 of the Act.

Terms of reference

197   Each joint work site health and safety committee must establish terms of reference

                               (a)    that ensure, to the extent practicable and subject to section 22(1) of the Act, that the committee’s membership provides appropriate representation of all relevant occupational health and safety concerns at the work sites that the committee relates to,

                              (b)    that establish a process for replacing a member of the committee during the member’s term of office,

                               (c)    that establish a dispute resolution process to be used in cases where the committee has failed to reach consensus about making a recommendation under section 19(f) of the Act, and

                              (d)    that establish a process for coordinating with other joint work site health and safety committees established by the same employer or prime contractor, if there is one.

Additional duties of a joint work site
health and safety committee

198   A joint work site health and safety committee must inspect each work site at least once before each quarterly meeting required by section 27(1) of the Act, to identify health and safety hazards that have not been controlled.

Disclosure of personal information

199   A joint work site health and safety committee, its individual members, or a health and safety representative, must not disclose a worker’s personal health information or the personal information of an identifiable individual unless the disclosure is required by law.

Duties of employers, contractors and prime contractors

200(1)  The employer, contractor and prime contractor, if there is one, must

                               (a)    consult and cooperate with all joint work site health and safety committees and all health and safety representatives for their work sites to develop policies, procedures and codes of practice required by the Act, regulations and this Code,

                              (b)    provide members of all joint work site health and safety committees and all health and safety representatives for their work sites with reasonable opportunity to inform workers on matters affecting occupational health and safety,

                               (c)    ensure that members of all joint work site health and safety committees and all health and safety representatives for their work sites are allowed to examine records, policies, plans, procedures, codes of practice, reports or manufacturer specifications that must be maintained under the Act, regulations and this Code, and

                              (d)    distribute to all joint work site health and safety committees and all health and safety representatives for their work sites any information or documents addressed to the committee or representative as soon as reasonably practicable after the information or document is received by the employer, contractor or prime contractor, if there is one.

200(2)  Subsection (1)(d) does not apply to a report referred to in section 36 of the Act.

Training standards

201   For the purposes of providing training to co-chairs and members of a joint work site health and safety committee and to health and safety representatives under section 29(1) and (2) of the Act, the employer or prime contractor, if there is one, must use an organization designated by the Minister under section 83 of the Act to provide the required training.

Inspection of work site with officer

202(1)  An officer conducting an inspection at a work site shall, where feasible, request the co-chair who represents the workers on the joint work site health and safety committee, or the co‑chair’s designate, or a health and safety representative, as applicable, to be present at the inspection.

202(2)  Where, under subsection (1), an officer requests the co-chair who represents the workers on the joint work site health and safety committee, or the co‑chair’s designate, or a health and safety representative to be present at an inspection, the employer must provide that person with time away to attend the inspection.

 

18  Section 215.1(1) is repealed.

 

19   Section 219(3) is amended by adding “or” at the end of clause (b), by striking out “or” at the end of clause (c) and by repealing clause (d).

 

20   Section 250(1) is repealed and the following is substituted:

Effective facial seal

250(1)  An employer must ensure that respiratory protective equipment that depends on an effective facial seal for its safe use is correctly fit tested and tested in accordance with CSA Standard Z94.4‑02, Selection, Use and Care of Respirators.

 

21   Section 324(1) is amended by striking out “service” and substituting “surface”.

 

22   Section 347(9) is repealed.

 

23   Part 27 is repealed and the following is substituted:

Part 27

Violence and Harassment

Hazard assessment

389   Violence and harassment are considered hazards for the purposes of Part 2.

Violence prevention plan

390(1)  An employer must develop and implement a violence prevention plan that includes a violence prevention policy and violence prevention procedures.

390(2)  The employer must develop and implement the violence prevention plan in consultation with

                               (a)    the joint work site health and safety committee or the health and safety representative, if the employer is required to establish a committee or designate a representative, or

                              (b)    affected workers, if the employer is not required to establish a committee or designate a representative.

Violence prevention policy

390.1  An employer must ensure that a violence prevention policy under section 390(1) includes the following:

                               (a)    a statement that the employer is committed to eliminating or, if that is not reasonably practicable, controlling the hazard of violence;

                              (b)    a statement that the employer will investigate any incidents of violence and take corrective action to address the incidents;

                               (c)    a statement that the employer will not disclose the circumstances related to an incident of violence or the names of the complainant, the person alleged to have committed the violence, and any witnesses, except

                                        (i)    where necessary to investigate the incident or to take corrective action, or to inform the parties involved in the incident of the results of the investigation and any corrective action to be taken to address the incident,

                                      (ii)    where necessary to inform workers of a specific or general threat of violence or potential violence, or

                                     (iii)    as required by law;

                              (d)    a statement that the employer will disclose only the minimum amount of personal information under clause (c)(ii) that is necessary to inform workers of a specific or general threat of violence or potential violence;

                               (e)    a statement that the violence prevention policy is not intended to discourage a worker from exercising the worker’s rights pursuant to any other law.

Violence prevention procedures

390.2   An employer must ensure that the violence prevention procedures under section 390(1) include the following:

                               (a)    the measures the employer will take to eliminate or, if that is not reasonably practicable, control the hazard of violence to workers;

                              (b)    information about the nature and extent of the hazard of violence, including information related to specific or general threats of violence or potential violence;

                               (c)    the procedure to be followed by the employer when disclosing the information in clause (b), which must be in compliance with section 390.1(c) and (d);

                              (d)    the procedure to be followed by a worker to obtain immediate assistance when an incident of violence occurs;

                               (e)    the procedure to be followed by a worker when reporting violence;

                               (f)    the procedure to be followed by the employer when

                                        (i)    documenting and investigating an incident of violence, and

                                      (ii)    implementing any measures to eliminate or control the hazard of violence that have been identified as a result of the investigation;

                               (g)    the procedure to be followed by the employer when informing the parties involved in an incident of violence of

                                        (i)    the results of an investigation of the incident, and

                                      (ii)    any corrective action to be taken to address the incident.

Domestic violence

390.3   When an employer is aware that a worker is or is likely to be exposed to domestic violence at a work site, the employer must take reasonable precautions to protect the worker and any other persons at the work site likely to be affected.

Harassment prevention plan

390.4(1)  An employer must develop and implement a harassment prevention plan that includes a harassment prevention policy and harassment prevention procedures.

390.4(2)  The employer must develop and implement the harassment prevention plan in consultation with

                               (a)    the joint work site health and safety committee or the health and safety representative, if the employer is required to establish a committee or designate a representative, or

                              (b)    affected workers, if the employer is not required to establish a committee or designate a representative.

Harassment prevention policy

390.5   An employer must ensure that a harassment prevention policy under section 390.4(1) includes the following:

                               (a)    a statement that the employer is committed to eliminating or, if that is not reasonably practicable, controlling the hazard of harassment;

                              (b)    a statement that the employer will investigate any incidents of harassment and take corrective action to address the incidents;

                               (c)    a statement that the employer will not disclose the circumstances related to an incident of harassment or the names of the complainant, the person alleged to have committed the harassment, and any witnesses, except

                                        (i)    where necessary to investigate the incident or to take corrective action, or to inform the parties involved in the incident of the results of the investigation and any corrective action to be taken to address the incident, or

                                      (ii)    as required by law;

                              (d)    a statement that the harassment prevention policy is not intended to discourage a worker from exercising rights pursuant to any other law, including the Alberta Human Rights Act.

Harassment prevention procedures

390.6   An employer must ensure that the harassment prevention procedures under section 390.4(1) include the following:

                               (a)    the procedure to be followed by a worker when reporting harassment;

                              (b)    the procedure to be followed by the employer when documenting, investigating and preventing harassment;

                               (c)    the procedure to be followed by the employer when informing the parties involved in an incident of harassment of

                                        (i)    the results of an investigation of the incident, and

                                      (ii)    any corrective action to be taken to address the incident.

Review of plans

390.7(1)  An employer must review the violence prevention plan and the harassment prevention plan, and revise the plans, if necessary.

390.7(2)  The employer must carry out the review required by subsection (1) in consultation with

                               (a)    the joint work site health and safety committee or the health and safety representative, if the employer is required to establish a committee or designate a representative, or

                              (b)    affected workers, if the employer is not required to establish a committee or designate a representative.

390.7(3)  With respect to the violence prevention plan, the review required by subsection (1) must take place on the earliest of the following:

                               (a)    when an incident of violence occurs;

                              (b)    if the joint work site health and safety committee or the health and safety representative, if applicable, recommends a review of the plan;

                               (c)    every 3 years.

390.7(4)  With respect to the harassment prevention plan, the review required by subsection (1) must take place on the earliest of the following:

                               (a)    when an incident of harassment occurs;

                              (b)    if the joint work site health and safety committee or the health and safety representative, if applicable, recommends a review of the plan;

                               (c)    every 3 years.

Training of workers

391   An employer must ensure that workers are trained in

                               (a)    the recognition of violence and harassment,

                              (b)    the policies, procedures and workplace arrangements that the employer has developed and implemented to eliminate or control the hazards of violence and harassment,

                               (c)    the appropriate response to violence and harassment, including procedures for obtaining assistance, and

                              (d)    the procedures for reporting, investigating and documenting incidents of violence and harassment.

Investigation and reporting of incidents

391.1   Sections 40(5)(b) to (d), (7) and (8) and 53 of the Act apply to incidents of violence or harassment.

Treatment or referral

391.2   An employer must ensure that a worker reporting an injury or adverse symptom resulting from an incident of violence or harassment is advised to consult a health professional of the worker’s choice for treatment or referral.

Entitlement to pay

392   When a worker is treated or referred by a physician under section 391.2 and if the treatment sessions occur during regular work hours, the employer at the work site where the incident occurred shall not make a deduction from the worker's pay or benefits for the time during which a worker attends the session.

Retail fuel and convenience store worker safety application

392.1   Sections 392.2 to 392.6 apply to gas stations, other retail fuelling outlets and convenience stores where workers are ordinarily present during business hours.

Additional requirements for violence prevention plan

392.2   An employer must ensure that the violence prevention plan contains the following procedures, policies and control measures, in addition to those required under sections 390, 390.1 and 390.2:

                               (a)    safe cash-handling procedures, including procedures that minimize the amount of money readily accessible to a worker at the work site;

                              (b)    where the work site is open to the public between the hours of 11:00 p.m. and 5:00 a.m.,

                                        (i)    a time lock safe at the work site that cannot be opened by a worker between, at minimum, those hours;

                                      (ii)    limiting the quantities of high-value items, including cash and lottery tickets, accessible at the work site between, at minimum, those hours;

                                     (iii)    storing remaining high-value items in the time lock safe referred to in subclause (i) or securely elsewhere;

                               (c)    maintaining good visibility into and out of the work site;

                              (d)    limiting access by the public to the interior of any buildings at the work site;

                               (e)    monitoring the work site by video surveillance;

                               (f)    signs at the work site visible to the public indicating that

                                        (i)    where the work site is open to the public between the hours of 11:00 p.m. and 5:00 a.m.,

                                              (A)    the safe at the work site is a time lock safe that cannot be opened;

                                              (B)    the quantity of high-value items such as cash and lottery tickets at the work site is limited;

                                      (ii)    the work site is monitored by video surveillance;

                               (g)    each worker working alone is provided with a personal emergency transmitter that is monitored by the employer or the employer’s designate.

Additional training required

392.3   In addition to any training under section 391, the employer must ensure that a worker is trained in the violence prevention plan requirements listed in section 392.2.

Review of violence prevention plan and worker training

392.4   The employer must ensure that the violence prevention plan requirements under section 392.2 and corresponding worker training under section 392.3 are reviewed and, if necessary, revised every 3 years, and whenever there is a change of circumstances that may affect the health and safety of workers.

Personal emergency transmitter

392.5   A worker working alone must at all times during the worker’s work shift wear the personal emergency transmitter referred to in section 392.2(g).

Mandatory fuel prepayment

392.6(1)  An employer must require that customers prepay for fuel sold at gas stations and other retail fuelling outlets.

392.6(2)  In addition to the requirement in subsection (1), an employer may implement procedures or use equipment as approved by a Director for payment for or sale of fuel, or the dispensing of fuel, to ensure worker safety.

 

24   Part 29 is repealed and the following is substituted:

Part 29
Workplace Hazardous Materials
Information System (WHMIS)

Definitions

394.1   In this Part,

                                       “bulk shipment” means a shipment of a hazardous product contained in any of the following without intermediate containment or intermediate packaging:

                                       (a)    a vessel with a water capacity equal to or greater than 450 litres;

                                       (b)    a freight container, road vehicle, railway vehicle or portable tank;

                                       (c)    the hold of a ship;

                                       (d)    a pipeline;

                                       “CAS Registry Number” means the identification number assigned to a chemical by the Chemical Abstracts Service division of the American Chemical Society;

                                       “claim for disclosure exemption” means a claim filed under section 408;

                                       “container” means a bag, barrel, bottle, box, can, cylinder, drum or similar package or receptacle, but does not include a storage tank;

                                       “fugitive emission” means a substance that leaks or escapes from process equipment, a container, emission control equipment or a product;

                                       “hazard class” means a hazard class listed in Schedule 2 of the Hazardous Products Act (Canada);

                                       “hazard information” means information on the correct and safe use, storage, handling and manufacture of a hazardous product, including information relating to its health and physical hazards;

                                       “hazardous product” means any product, mixture, material or substance classified in accordance with the regulations made under subsection 15(1) of the Hazardous Products Act (Canada) in a category or subcategory of a hazard class listed in Schedule 2 of that Act;

                                       “hazardous waste” means a hazardous product that is intended for disposal, or is acquired or generated for recycling or recovery;

                                       “label” means a group of written, printed or graphic information elements that relate to a hazardous product which group is designed to be affixed to, printed on or attached to the hazardous product or the container in which the hazardous product is packaged;

                                       “laboratory sample” means a sample of a hazardous product that is packaged in a container that contains less than 10 kg of the hazardous product and is intended solely to be tested in a laboratory, but does not include a sample that is to be used

                                       (a)    by the laboratory for testing other products, mixtures, materials or substances, or

                                       (b)    for educational or demonstration purposes;

                                       “manufactured article” means any article that is formed to a specific shape or design during manufacture, the intended use of which when in that form is dependent in whole or in part on its shape or design, and that, when being installed, if the intended use of the article requires it to be installed, and under normal conditions of use, will not release or otherwise cause an individual to be exposed to a hazardous product;

                                       “mixture” means a combination of, or a solution that is composed of, two or more ingredients that, when they are combined, do not react with each other, but excludes any such combination or solution that is a substance;

                                       “product identifier” with respect to a hazardous product, means the brand name, chemical name, common name, generic name or trade name;

                                       “safety data sheet” means a document that contains information about a hazardous product, including information related to the hazards associated with any use, handling or storage of the hazardous product at a work site, in accordance with the regulations made under subsection 15(1) of the Hazardous Products Act (Canada);

                                       “significant new data” means new data regarding the hazard presented by a hazardous product that

                                       (a)    change its classification in a category or subcategory of a hazard class,

                                       (b)    result in its classification in another hazard class, or

                                       (c)    change the ways to protect against the hazard presented by the hazardous product;

                                       “substance” means any chemical element or chemical compound, that is in its natural state or that is obtained by a production process, whether alone or together with

                                       (a)    any additive that is necessary to preserve the stability of the chemical element or chemical compound,

                                       (b)    any solvent that is necessary to preserve the stability or composition of the chemical element or chemical compound, or

                                       (c)    any impurity that is derived from the production process;

                                       “supplier” means a person who, in the course of business, imports or sells a hazardous product;

                                       “supplier label” means the label provided by the supplier of a hazardous product that meets the requirements set out in the regulations made under subsection 15(1) of the Hazardous Products Act (Canada);

                                       “work site label” with respect to a hazardous product means a label that contains

                                       (a)    a product identifier that is identical to that found on the safety data sheet for the hazardous product,

                                       (b)    information for the safe handling of the hazardous product, and

                                       (c)    reference to the safety data sheet for the hazardous product.

Application

395(1)  Subject to subsections (3), (4) and (5), this Part applies to hazardous products at a work site.

395(2)  An employer must ensure that a hazardous product is used, stored, handled or manufactured at a work site in accordance with this Part.

395(3)  This Part does not apply if the hazardous product is

                               (a)    wood or a product made of wood,

                              (b)    tobacco or a tobacco product governed by the Tobacco Act (Canada),

                               (c)    a hazardous waste, or

                              (d)    a manufactured article.

395(4)  Except for section 407, this Part does not apply if the hazardous product is a dangerous good, under the Dangerous Goods Transportation and Handling Act, to the extent that its handling, offering for transport or transport is subject to that Act.

395(5)  Sections 398, 403, 404, 405, 406, 407 and 408 do not apply if the hazardous product is

                               (a)    an explosive governed by the Explosives Act (Canada),

                              (b)    a cosmetic, device, drug or food governed by the Food and Drugs Act (Canada),

                               (c)    a product governed by the Pest Control Products Act (Canada),

                              (d)    a nuclear substance that is radioactive governed by the Nuclear Safety and Control Act (Canada), or

                               (e)    a product, material or substance packaged as a consumer product as defined in section 2 of the Canada Consumer Product Safety Act (Canada).

Hazardous waste

396   If a hazardous product is a hazardous waste generated at the work site, an employer must ensure that it is stored and handled safely using a combination of

                               (a)    an appropriate means of identification, and

                              (b)    instruction of workers on the safe handling of the hazardous waste.

Training

397(1)  An employer must ensure that a worker who works with or near a hazardous product or performs work involving the manufacture of a hazardous product is trained in

                               (a)    the content required to be on a supplier label and a work site label and the purpose and significance of the information on the label,

                              (b)    the content required to be on a safety data sheet and the purpose and significance of the information on the safety data sheet,

                               (c)    procedures for safely storing, using and handling the hazardous product,

                              (d)    if applicable, the procedures for safely manufacturing the hazardous product,

                               (e)    if applicable, the methods of identification referred to in section 402,

                               (f)    the procedures to be followed if there are fugitive emissions, and

                               (g)    the procedures to be followed in case of an emergency involving the hazardous product.

397(2)  An employer must develop and implement the procedures referred to in subsection (1) in consultation with the joint work site health and safety committee or health and safety representative, if there is one.

Label required

398(1)  Subject to subsection (5), an employer must ensure that a hazardous product or its container at a work site has a supplier label or a work site label on it.

398(2)  Subject to any labelling exemptions in the Hazardous Products Regulations (Canada), an employer must not remove, modify or alter a supplier label on a container in which a hazardous product is received from a supplier if any amount of the hazardous product remains in the container.

398(3)  If significant new data is provided to the employer from the supplier regarding the label content, the employer must update the supplier label or work site label as soon as this information is received.

398(4)  Subject to any labelling exemptions in the Hazardous Products Regulations (Canada), if the supplier label on a hazardous product or its container is illegible or is removed or detached, an employer must immediately replace the label with another supplier label or a work site label.

398(5)  An employer may store a hazardous product that does not have a supplier label or a work site label on it for not more than 120 days if the employer

                               (a)    is actively seeking the supplier label or the information required for a work site label,

                              (b)    posts a placard that complies with section 401, and

                               (c)    ensures that a worker who works with or in proximity to the stored hazardous product

                                        (i)    knows the purpose of the placard and the significance of the information on it,

                                      (ii)    is trained in the procedures to be followed if there are fugitive emissions, and

                                     (iii)    is trained in the procedures to be followed in case of an emergency involving the hazardous product.

398(6)  If a hazardous product is imported and received at a work site without a supplier label, the employer must apply a work site label.

398(7)  An employer who receives an unpackaged hazardous product or a hazardous product transported as a bulk shipment must apply a label containing the information required on a supplier label or a work site label to the container of the hazardous product or to the hazardous product at the work site.

Production or manufacture

399   If an employer produces or manufactures a hazardous product for use at a work site, the employer must ensure that the hazardous product or its container has, at a minimum, a work site label on it.

Decanted products

400(1)  If a hazardous product is decanted at a work site into a container other than the container in which it was received from a supplier, the employer must ensure that a work site label is applied to the container.

400(2)  Subsection (1) does not apply to a portable container that is filled directly from a container that has a supplier label or a work site label if all of the hazardous product is required for immediate use and the hazardous product is

                               (a)    under the control of and used exclusively by the worker who filled the portable container,

                              (b)    used only during the shift during which the portable container is filled, and

                               (c)    the contents of the portable container are clearly identified on the container.

Placards

401(1)  Sections 398, 399 and 400 do not apply if an employer posts a placard respecting a hazardous product that

                               (a)    is not in a container,

                              (b)    is in a container or in a form intended for export from Canada, or

                               (c)    is in a container that

                                        (i)    is intended to contain the hazardous product for sale or other disposition, and

                                      (ii)    is labelled, or is about to be labelled, in an appropriate manner having regard to the intended disposition.

401(2)  A placard referred to in subsection (1) must

                               (a)    have the information required to be on a work site label printed large enough to be read by workers,

                              (b)    be big enough to be conspicuous, and

                               (c)    be located in a conspicuous place at the work area where the hazardous product is stored.

Transfer of hazardous products

402   Sections 398, 399 and 400 do not apply to a hazardous product at a work site if

                               (a)    the hazardous product is contained or transferred in

                                        (i)    a piping system that includes valves,

                                      (ii)    a reaction vessel, or

                                     (iii)    a tank car, tank truck, ore car, conveyor belt or similar conveyance,

                                  and

                              (b)    the employer identifies the hazardous product by using colour coding, labels, placards or some other means of effective identification.

Laboratory samples

403(1)  Section 398 does not apply to a hazardous product in a laboratory sample if

                               (a)    the hazardous product is the subject of an exemption under subsection 5(4), 5(5) or 5(6) of the Hazardous Products Regulations (Canada), and

                              (b)    the container of the laboratory sample is labelled with the information listed in subsection (2)(a) to (c) of this section in place of the information required by paragraph 3(1)(c) or 3(1)(d) of the Hazardous Products Regulations (Canada).

403(2)  With respect to laboratory samples that are the subject of an exemption under subsection 5(4), 5(5) or 5(6) of the Hazardous Products Regulations (Canada), an employer must ensure that when such a laboratory sample is brought into the laboratory, it is packaged in a container that has a label with the following information printed on it:

                               (a)    the chemical name or generic chemical name of any material or substance in the hazardous product that is classified in a category or subcategory of a health hazard class and is present above the relevant concentration limit or is present at a concentration that results or would result in the mixture being classified in a category or subcategory of any health hazard class, if the health hazard class is known to the supplier or the employer;

                              (b)    the emergency telephone number that will enable the caller to obtain hazard information on the hazardous product;

                               (c)    the statement “Hazardous Laboratory Sample. For hazard information or in an emergency call”, followed by the emergency telephone number referred to in clause (b).

403(3)  Where a hazardous product is in a container other than the container in which it was received from the supplier or the hazardous product is manufactured and used in a laboratory, the employer is exempt from section 400 if

                               (a)    the hazardous product

                                        (i)    is a laboratory sample,

                                      (ii)    is intended solely for the use of analysis, testing or evaluation in a laboratory, and

                                     (iii)    is clearly identified,

                                  and

                              (b)    the provisions of section 397 are complied with.

403(4)  Where a hazardous product is produced at a work site and is in a container for the sole purpose of use, analysis, testing or evaluation in a laboratory, the employer is exempt from section 400 if

                               (a)    the hazardous product

                                        (i)    is not removed from the laboratory, and

                                      (ii)    is clearly identified,

                                  and

                              (b)    the provisions of section 397 are complied with.

Safety data sheet — supplier

404(1)  An employer who acquires a hazardous product for use at a work site must obtain a supplier safety data sheet for that hazardous product unless the supplier is exempted from the requirement to provide a safety data sheet by the Hazardous Products Regulations (Canada).

404(2)  An employer may store a hazardous product for which there is no supplier safety data sheet for not more than 120 days if the employer is actively seeking the supplier safety data sheet.

Safety data sheet — employer

405(1)  An employer must prepare a safety data sheet for a hazardous product produced or manufactured at a work site.

405(2)  Subsection (1) does not apply to a fugitive emission or an intermediate product undergoing reaction within a reaction vessel.

405(3)  An employer may provide a safety data sheet in a format different from the supplier safety data sheet or containing additional hazard information if

                               (a)    the supplier safety data sheet is available at the work site, and

                              (b)    the safety data sheet, subject to section 408,

                                        (i)    includes the information required for a supplier safety data sheet, and

                                      (ii)    states that the supplier safety data sheet is available at the work site.

Information current

406(1)  The employer must ensure that the safety data sheet for a hazardous product received at the time of purchase from the supplier is the most current version.

406(2)  If significant new data are provided to the employer from the supplier regarding the safety data sheet content, the employer must update the safety data sheet referred to in subsection (1)

                               (a)    as soon as reasonably practicable, and, in any case,

                              (b)    not more than 90 days after significant new data are provided to the employer.

Availability of safety data sheet

407   An employer must ensure that the safety data sheet required by this Part is readily available at a work site to workers who may be exposed to a hazardous product and to the joint work site health and safety committee or health and safety representative, if there is one.

Claim for disclosure exemption

408   An employer may file a claim in accordance with the Hazardous Materials Information Review Act (Canada) that the following information is confidential business information and is exempt from disclosure on a label or a safety data sheet required under this Part:

                               (a)    in the case of a material or substance that is a hazardous product,

                                        (i)    the chemical name of the material or substance,

                                      (ii)    the CAS registry number, or any other unique identifier, of the material or substance, and

                                     (iii)    the chemical name of any impurity, stabilizing solvent or stabilizing additive that is present in the material or substance, that is classified in a category or subcategory of a health hazard class under the Hazardous Products Act (Canada) and that contributes to the classification of the material or substance in the health hazard class under that Act;

                              (b)    in the case of an ingredient that is in a mixture that is a hazardous product,

                                        (i)    the chemical name of the ingredient,

                                      (ii)    the CAS registry number, or any other unique identifier, of the ingredient, and

                                     (iii)    the concentration or concentration range of the ingredient;

                               (c)    in the case of a material, substance or mixture that is a hazardous product, the name of any toxicological study that identifies the material or substance or any ingredient in the mixture;

                              (d)    the product identifier of a hazardous product, being its chemical name, common name, generic name, trade name or brand name;

                               (e)    information about a hazardous product, other than the product identifier, that constitutes a means of identification;

                               (f)    information that could be used to identify a supplier of a hazardous product.

Interim non‑disclosure

409(1)  Subject to subsection (2), an employer who claims an exemption referred to in section 408 in accordance with the Hazardous Materials Information Review Act (Canada) may

                               (a)    delete the information that is the subject of the claim for exemption from the safety data sheet for the hazardous product, and

                              (b)    remove a supplier label and replace it with a work site label that complies with this Part.

409(2)  An employer may delete the confidential business information in respect of which a claim has been made under section 408 from the safety data sheet from the date the employer files the claim for exemption until the final disposition by Health Canada of the proceedings in relation to the claim, if the employer discloses on the safety data sheet and, where applicable, on the label of the product or its container

                               (a)    a statement that the claim for exemption was filed,

                              (b)    the date on which the claim was filed, and

                               (c)    the registry number assigned to the claim for exemption under the Hazardous Materials Information Review Act (Canada).

409(3)  An exemption is valid for 3 years after the date of determination by Health Canada that the information is confidential business information.

Exemption from disclosure

410(1)  If an employer is notified that a claim for exemption under section 408 is valid, the employer may, subject to subsection (2),

                               (a)    remove the supplier label and replace it with a work site label that complies with this Part, and

                              (b)    delete the confidential business information from the safety data sheet for the hazardous product.

410(2)  An employer may delete confidential business information from a hazardous product’s safety data sheet label if the employer includes on its safety data sheet and, if applicable, on its label or the container in which it is packaged,

                               (a)    a statement that an exemption from disclosure has been granted,

                              (b)    the date of the decision by Health Canada granting the exemption, and

                               (c)    the registry number assigned to the claim for exemption under the Hazardous Materials Information Review Act (Canada).

410(3)  The information referred to in subsection (2) must be included for a period of 3 years beginning not more than 30 days after the final disposition of the claim for exemption.

Duty to disclose information

411(1)  An employer who manufactures a hazardous product must give, as quickly as possible under the circumstances, the source of toxicological data used in preparing a safety data sheet on request to

                               (a)    an officer,

                              (b)    the joint work site health and safety committee or health and safety representative, or

                               (c)    if there is no joint work site health and safety committee or health and safety representative, a representative of concerned workers at the work site.

411(2)  The Hazardous Materials Information Review Act (Canada) applies to the disclosure of information under subsection (1).

Information — confidential

412(1)  If an officer or other official working under the authority of the Hazardous Products Act (Canada) obtains information under paragraph 46(2)(e) of the Hazardous Materials Information Review Act (Canada), the officer or other official

                               (a)    must keep the information confidential, and

                              (b)    must not disclose it to any person except in accordance with this Part and for the purposes of the administration or enforcement of the Hazardous Products Act (Canada) or the Act.

412(2)  A person to whom information is disclosed under subsection (1)(b)

                               (a)    must keep the information confidential, and

                              (b)    must not disclose it to any person except in accordance with this Part and for the purposes of the administration or enforcement of the Hazardous Products Act (Canada) or the Act.

Information to medical professional

413(1)  An employer must give information that the employer has, including confidential business information exempted from disclosure under this Part, to a medical professional for the purpose of making a medical diagnosis or treating a worker in an emergency.

413(2)  A person to whom confidential business information is given under subsection (1) must not give the information to another person except for the purpose of treating a worker in an emergency.

413(3)  A person to whom confidential business information is given under subsection (2) must keep the information confidential.

Limits on disclosure

414(1)  A person must not use or disclose confidential business information exempted from disclosure under this Part except in accordance with sections 412 and 413.

414(2)  Subsection (1) does not apply to a person who makes a claim for exemption or to a person acting with that person’s consent.

 

25   Section 447 is amended

                               (a)    by repealing subsection (1) and substituting the following:

Locating buried or concrete‑embedded facilities

447(1)  For the purposes of sections 447(1.1) and 448, an owner means an owner or the owner’s designate of a pipeline that is within 30 metres of the work site or any other buried or concrete embedded facility that may be affected by the ground disturbance or removal of existing concrete.

447(1.1)  Before the ground is disturbed or existing concrete is removed at a work site, an employer must

                                       (a)    contact the owner,

                                       (b)    advise the owner of the proposed activities,

                                       (c)    ask the owner to identify and mark the location of the buried or concrete-embedded facility, and

                                       (d)    not begin disturbing the ground or removing the existing concrete until buried or concrete-embedded facilities have been identified and their locations marked.

                               (b)    in subsection (4) by striking out “subsection (1)” and substituting “subsection (1.1)”.

 

26   Section 469 is amended by striking out “section 18(1)” and substituting “section 40(1)”.

 

27   Section 493 is repealed and the following is substituted:

Detonation within 30 days

493   An employer must ensure that workers detonate all loaded drill holes or bore holes within 30 calendar days of the date they are loaded unless an extension of that period is approved by a Director of Inspection.

 

28   Section 537(2) is repealed.

 

29   Section 545(1) is repealed and the following is substituted:

Emergency response station

545(1)  An employer must establish, maintain and operate an emergency response station and provide facilities for conducting rescue operations and other emergency work at a mine.

 

30   Section 548(7) is repealed and the following is substituted:

548(7)  Despite subsections (5) and (6), a vehicle that uses an automatic fire suppression system and associated automatic engine shutdown may be approved by the Director if the mine uses a continuous fire detection and gas monitoring system.

 

31   Section 559(4) is repealed.

 

32   Section 561(2) is repealed and the following is substituted:

561(2)  An employer must ensure that a system referred to in subsection (1)(a) or (c) is not energized unless approved by the Director.

 

33   Section 567(b) is repealed and the following is substituted:

                              (b)    has at the overhead line end a separate means of disconnection located on a power pole,

 

34   Section 573(1) and (2) are repealed and the following is substituted:

Approval

573(1)  An employer must not use a rubber‑tired, self‑propelled machine with a GVW of more than 32 000 kilograms at a mine site, other than a machine approved under the Traffic Safety Act, unless it, or a representative unit, is approved by the Director for use in Alberta.

573(2)  Despite subsection (1),

                               (a)    the Director may request that any rubber‑tired, self‑propelled machine at a mine site be tested and approved for use, and

                              (b)    all rubber‑tired, self‑propelled machines must meet the applicable requirements of sections 577 through 596.

 

35   Section 574(2) is repealed.

 

36   Section 595(2) is repealed.

 

37   Section 597 is repealed and the following is substituted:

Diesel powered machine

597(1)  An employer must ensure that a diesel powered machine used in an underground coal mine meets the requirements of CSA Standard CAN/CSAM424.1‑ 88 (R2007), Flameproof Non‑Rail‑Bound, Diesel‑Powered Machines for Use in Gassy Underground Coal Mines.

597(2)  An employer must ensure that a diesel powered machine used in an underground mine, other than a coal mine, meets the requirements of CSA Standard CAN/CSA‑M424.2‑M90 (R2007), Non‑Rail‑Bound Diesel‑Powered Machines for Use in Non‑Gassy Underground Mines.

 

38   Section 598 is repealed and the following is substituted:

Fire resistance

598   An employer must ensure that, in a hazardous location,

                               (a)    all conveyor belting meets the requirements of CSA Standard CAN/CSA M422 M87 (R2007), Fire Performance and Anti‑static Requirements for Conveyor Belting, and

                              (b)    the conveyor belt system is fitted with a fire suppression system approved by the Director.

 

39   Section 644(1) is repealed and the following is substituted:

Signs

644(1)  An employer must ensure that the blast area is clearly identified by posted signs or flagging.

 

40   Section 659(1) and (2) are repealed and the following is substituted:

Permitted explosives

659(1)  An employer must ensure that a worker in an underground coal mine uses explosives or detonators that are classed as “permitted explosives” by an accredited laboratory.

659(2)  Despite subsection (1), the Director may issue an acceptance to use explosives that are not classed as “permitted explosives” if

                               (a)    the proposed blasting is to be performed in solid rock,

                              (b)    an application is made to the Director using the form in Schedule 11, Table 3, and

                               (c)    the employer puts in place safety measures certified by a professional engineer.

 

41   Section 662(2) is repealed.

 

42   Section 693(1)(b) is repealed and the following is substituted:

                              (b)    direct all workers who enter a mine, or such number of workers as may be selected by the employer, to be searched to confirm that they are not carrying any prohibited means of ignition, and

 

43   Section 695(6) is repealed and the following is substituted:

695(6)  An employer must ensure that no furnace or device for heating mine air is installed unless approved by the Director.

 

44   Section 716 is amended

                               (a)    by repealing subsection (1) and substituting the following:

Seals

716(1)  An employer must ensure that worked out or inaccessible parts of a mine are sealed off.

                               (b)    by repealing subsection (2) and substituting the following:

716(2)  An employer must ensure that a worked out district is sealed off within three months after mining stops in the district.

 

45   Section 728(3) is repealed.

 

46   Section 737 is amended by adding “or” at the end of clause (b), by striking out “or” at the end of clause (c) and by repealing clause (d).

 

47   Section 738(4) is repealed.

 

48   Section 743(2) is repealed and the following is substituted:

743(2)  An employer must ensure that the floor, roof and sides
of a roadway that is accessible to workers are treated with incombustible dust.

 

49   Section 744 is repealed and the following is substituted:

Sampling of settled dust

744   An employer must

                               (a)    put in place and maintain sampling procedures to ensure the requirements of section 743 are met, and

                              (b)    keep a record of the results at the mine site.

 

50   Section 746(2) and (2.1) are repealed.

 

51   Section 747(1) and (2) are repealed and the following is substituted:

Pillars

747(1)  The owners or prime contractors, if prime contractors are designated, of adjoining underground properties must ensure that a pillar is left in each seam along the boundary line common to the adjoining properties.

747(2)  The owners or prime contractors, if prime contractors are designated, of adjoining underground properties must ensure that together the pillars are a sufficient barrier to ensure the safety of workers in each mine.

 

52   Section 748 is repealed and the following is substituted:

Drill holes

748   An employer must ensure that workers do not mine coal within 100 metres of a drill hole drilled or being drilled for oil or gas, unless approved by the Director.

 

53   Section 749 is repealed and the following is substituted:

Water or gas

749   The employer must ensure that the working face is not advanced to within 50 metres of the surface or to within 100 metres horizontally of

                               (a)    a projection onto the working face of a place that is likely to contain a dangerous accumulation of water or gas,

                              (b)    inactive workings that have not been examined and found free from accumulations of water or gas, or

                               (c)    the seam outcrop or subcrop.

 

54   Section 754(1) is repealed and the following is substituted:

Derricks and masts

754(1)  An employer must ensure that, before a derrick or mast is erected or brought down, a competent worker inspects all of its parts in accordance with the manufacturer’s specifications.

 

55   Section 793(1)(c) is repealed and the following is substituted:

                               (c)    the selection, limitation, operation and maintenance of equipment,

 

56   Section 811(b) is repealed and the following is substituted:

                              (b)    worker training, including hazard recognition and the selection, limitation, operation, inspection and maintenance of equipment,

 

57   Schedule 2 is amended

                               (a)    in Table 4 by repealing (1)(i) and substituting the following:

                                        (i)    under the supervision of an advanced first aider or an advanced care paramedic,

                               (b)    in Tables 6 and 7 by striking out “EMT-P” wherever it occurs and substituting “ACP”.

 

58(1)  The Exploration Regulation (AR 284/2006) is amended by this section.

(2)  Section 47(c) is repealed and the following is substituted:

                               (c)    the procedures and precautionary measures to avoid an explosion that are set forth in the Occupational Health and Safety Code are carried out.

 

59(1)  The Procedures Regulation (AR 63/2017) is amended by this section.

(2)  Part 17 of the Schedule is amended by repealing section 1 and substituting the following:

1   In this Part, “Code” means the Occupational Health and Safety Code.

 

60(1)  This Regulation, except section 23, comes into force on June 1, 2018.

(2)  Section 23 comes into force immediately following the coming into force of An Act to Protect Gas and Convenience Store Workers.