Training

Education involves providing information to workers about a particular subject. The Saskatchewan Employment Act (SEA) states that “train means to give information and explanation to a worker with respect to a particular subject-matter and to require a practical demonstration that the worker has acquired knowledge or skill related to the subject-matter.”

Orientation is the process of introducing new, inexperienced and transferred workers to the organization, their supervisors, co-workers, work areas and jobs. Orientation is an important element of an employer’s training system.

Training is an important hazard control. To prevent injuries and illness, workers need to know:

  • what the workplace hazards are
  • how to protect themselves
  • how to protect others

Training is especially important for young and new workers.

An employer should:

  • Assign roles and responsibilities for managing the training program
  • Identify the necessary training considering:
    • the hazards, risks and controls at the workplace
    • the responsibilities of employees, both under legislation and the employer’s health and safety system
    • legislative requirements
  • Develop and maintain a training plan to ensure employees receive training/recertification as required and within an appropriate timeframe
  • Provide training as required
  • Ensure employees are competent (have the knowledge, experience and training)
  • Maintain records of training, including who received and delivered the training, what was covered and the dates
  • Review the training program for improvement regularly

The following legislation is not all inclusive. You are responsible for knowing and complying with all legislation applicable to your place of employment. Please refer to the original legislation to find out exactly what requirements apply to your business. WorkSafe Saskatchewan does not offer any advice as to your obligations under any applicable legislation, and assumes no responsibility or liability for your obligations under the applicable legislation.

You can download copies of legislation for free from http://www.publications.gov.sk.ca/legislation.cfm.

Saskatchewan Employment Act

Part III

Occupational Health and Safety

DIVISION 1

Preliminary Matters for Part
Interpretation of Part
Section 3-1 Interpretation of Part

3‑1. (1) In this Part and in Part IV:

(a) "biological substance" means a substance containing living organisms, including infectious micro‑organisms, or parts of organisms or products of organisms in their natural or modified forms;

(b) "chemical substance" means any natural or artificial substance, whether in the form of a solid, liquid, gas or vapour, other than a biological substance;

(c) "chief mines inspector" means the chief mines inspector appointed pursuant to section 3‑5;

(d) "chief occupational medical officer" means the chief occupational medical officer appointed pursuant to section 3‑4;

(e) "competent" means possessing knowledge, experience and training to perform a specific duty;

(f) "compliance undertaking" means a compliance undertaking entered into pursuant to section 3‑38;

(g) "contractor" means a person who, or a partnership or group of persons that, pursuant to one or more contracts:

(i) directs the activities of one or more employers or self‑employed persons involved in work at a place of employment; or

(ii) subject to subsection (3), retains an employer or self‑employed person to perform work at a place of employment;

(h) "director of occupational health and safety" means the director of occupational health and safety appointed pursuant to section 3‑3;

(i) "discriminatory action" means any action or threat of action by an employer that does or would adversely affect a worker with respect to any terms or conditions of employment or opportunity for promotion, and includes termination, layoff, suspension, demotion or transfer of a worker, discontinuation or elimination of a job, change of a job location, reduction in wages, change in hours of work, reprimand, coercion, intimidation or the imposition of any discipline or other penalty, but does not include:

(i) the temporary assignment of a worker to alternative work, pursuant to section 3‑44, without loss of pay to the worker; or

(ii) the temporary assignment of a worker to alternative work, without loss of pay to the worker, while:

(A) steps are being taken for the purposes of clause 3‑31(a) to satisfy the worker that any particular act or series of acts that the worker refused to perform pursuant to that clause is not unusually dangerous to the health or safety of the worker or any other person at the place of employment;

(B) the occupational health committee is conducting an investigation pursuant to clause 3‑31(b) in relation to the worker’s refusal to perform any particular act or series of acts; or

(C) an occupational health officer is conducting an investigation requested by a worker or an employer pursuant to clause 3‑32(a);

(j) "employer" means, subject to section 3‑29, a person, firm, association or body that has, in connection with the operation of a place of employment, one or more workers in the service of the person, firm, association or body;

(k) "equipment" means any mechanical or non‑mechanical article or device, and includes any machine, tool, appliance, apparatus, implement, service or utility, but does not include the personal property owned by an individual unless that property is used in the carrying on of an occupation;

(l) "harassment" means any inappropriate conduct, comment, display, action or gesture by a person:

(i) that either:

(A) is based on race, creed, religion, colour, sex, sexual orientation, marital status, family status, disability, physical size or weight, age, nationality, ancestry or place of origin; or

(B) subject to subsections (4) and (5), adversely affects the worker’s psychological or physical well‑being and that the person knows or ought reasonably to know would cause a worker to be humiliated or intimidated; and

(ii) that constitutes a threat to the health or safety of the worker;

(m) "notice of contravention" means a notice of contravention served pursuant to section 3‑38;

(n) "occupation" means employment, business, calling or pursuit;

(o) "occupational health and safety" means:

(i) the promotion and maintenance of the highest degree of physical, mental and social well‑being of workers;

(ii) the prevention among workers of ill health caused by their working conditions;

(iii) the protection of workers in their employment from factors adverse to their health;

(iv) the placing and maintenance of workers in working environments that are adapted to their individual physiological and psychological conditions; and

(v) the promotion and maintenance of a working environment that is free of harassment;

(p) "occupational health and safety representative" means an occupational health and safety representative designated pursuant to section 3‑24;

(q) "occupational health and safety service" means a service organized in or near a place of employment for the purposes of:

(i) protecting workers against any health or safety hazard that may arise out of their work or the working conditions under which it is carried on;

(ii) contributing to the workers’ physical and mental adjustment in their employment and their assignment to jobs for which they are suited; and

(iii) contributing to the establishment and maintenance of a high degree of physical and mental well‑being in the workers;

(r) "occupational health committee" means an occupational health committee established pursuant to section 3‑22 or 3‑23 or the regulations made pursuant to this Part;

(s) "occupational health officer" means a person appointed as an occupational health officer pursuant to section 3‑6;

(t) "owner" includes:

(i) a trustee, receiver, mortgagee in possession, tenant, lessee or occupier of any lands or premises used or to be used as a place of employment; and

(ii) any person who acts for or on behalf of a person mentioned in subclause (i) as that person’s agent or delegate;

(u) "physician" means a duly qualified medical practitioner;

(v) "place of employment" means any plant in or on which one or more workers or self‑employed persons work, usually work or have worked;

(w) "plant" includes any premises, site, land, mine, water, structure, fixture or equipment employed or used in the carrying on of an occupation;

(x) "practicable" means possible given current knowledge, technology and invention;

(y) "prime contractor" means the person who is the prime contractor in accordance with section 3‑13;

(z) "reasonably practicable" means practicable unless the person on whom a duty is placed can show that there is a gross disproportion between the benefit of the duty and the cost, in time, trouble and money, of the measures to secure the duty;

(aa) "registered nurse" means a nurse registered pursuant to The Registered Nurses Act, 1988;

(bb) "self‑employed person" means a person who is engaged in an occupation but is not in the service of an employer;

(cc) "structure" includes any building, support for equipment, factory, road, dam, bridge, waterway, dock, railway or excavation;

(dd) "supervisor" means an individual who is authorized by an employer to oversee or direct the work of the employer’s worker;

(ee) "supplier" means, unless otherwise stated, a person who supplies, sells, offers or exposes for sale, leases, distributes or installs any biological substance or chemical substance or any plant to be used at a place of employment;

(ff) "train" means to give information and explanation to a worker with respect to a particular subject‑matter and to require a practical demonstration that the worker has acquired knowledge or skill related to the subject‑matter;

(gg) "worker" means:

(i) an individual, including a supervisor, who is engaged in the service of an employer; or

(ii) a member of a prescribed category of individuals;

but does not include an inmate, as defined in The Correctional Services Act, 2012, of a correctional facility as defined in that Act who is participating in a work project or rehabilitation program within the correctional facility;

(hh) "worksite" means an area at a place of employment where a worker works or is required or permitted to be present.

(2) In this Part:

(a) if a provision refers to any matter or thing that an employer is required to do in relation to workers, the provision applies to workers who are in the service of that employer, unless the context requires otherwise; and

(b) if a provision refers to any matter or thing that an employer is required to do in relation to a place of employment, the provision applies to every place of employment of that employer, unless the context requires otherwise.

(3) For the purposes of subclause (1)(g)(ii), a person, partnership or group of persons is considered to be a contractor only if that person, partnership or group of persons knows or ought reasonably to know the provisions of this Part and the regulations made pursuant to this Part respecting the work or the place of employment at the time of retaining the employer or self‑employed person to perform work at a place of employment.

(4) To constitute harassment for the purposes of paragraph (1)(l)(i)(B), either of the following must be established:

(a) repeated conduct, comments, displays, actions or gestures;

(b) a single, serious occurrence of conduct, or a single, serious comment, display, action or gesture, that has a lasting, harmful effect on the worker.

(5) For the purposes of paragraph (1)(l)(i)(B), harassment does not include any reasonable action that is taken by an employer, or a manager or supervisor employed or engaged by an employer, relating to the management and direction of the employer’s workers or the place of employment.

DIVISION 3

Duties
General duties of employer
Section 3-8 General duties of employer

3‑8. Every employer shall:

(a) ensure, insofar as is reasonably practicable, the health, safety and welfare at work of all of the employer’s workers;

(b) consult and cooperate in a timely manner with any occupational health committee or the occupational health and safety representative at the place of employment for the purpose of resolving concerns on matters of health, safety and welfare at work;

(c) make a reasonable attempt to resolve, in a timely manner, concerns raised by an occupational health committee or occupational health and safety representative pursuant to clause (b);

(d) ensure, insofar as is reasonably practicable, that the employer’s workers are not exposed to harassment with respect to any matter or circumstance arising out of the workers’ employment;

(e) cooperate with any other person exercising a duty imposed by this Part or the regulations made pursuant to this Part;

(f) ensure that:

(i) the employer’s workers are trained in all matters that are necessary to protect their health, safety and welfare; and

(ii) all work at the place of employment is sufficiently and competently supervised;

(g) if the employer is required to designate an occupational health and safety representative for a place of employment, ensure that written records of meetings with the occupational health and safety representative are kept and are readily available at the place of employment;

(h) ensure, insofar as is reasonably practicable, that the activities of the employer’s workers at a place of employment do not negatively affect the health, safety or welfare at work of the employer, other workers or any self‑employed person at the place of employment; and

(i) comply with this Part and the regulations made pursuant to this Part.

Duty to provide occupational health and safety programs
Section 3-20 Duty to provide occupational health and safety programs

3‑20. (1) An employer at a prescribed place of employment shall establish and maintain an occupational health and safety program or a prescribed part of an occupational health and safety program in accordance with the regulations made pursuant to this Part.

(2) An occupational health and safety program at a prescribed place of employment must be established and designed in consultation with:

(a) the occupational health committee;

(b) the occupational health and safety representative; or

(c) the workers, if there is no occupational health committee and no occupational health and safety representative.

(3) An occupational health and safety program must include all prescribed documents, information and matters.

(4) An occupational health and safety program at a prescribed place of employment must be in writing and must be made available, on request, to the occupational health committee, the occupational health and safety representative, the workers or an occupational health officer.

(5) If the work at a place of employment is carried on pursuant to contracts between a contractor and two or more employers, the contractor shall coordinate the occupational health and safety programs of all employers at the place of employment.

(6) The director of occupational health and safety may order an employer to develop an occupational health and safety program for a place of employment if the director considers it to be in the interests of the health, safety and welfare of the employer’s workers based on the criteria set out in subsection (8).

(7) An order issued pursuant to subsection (6) must be in writing.

(8) In making an order pursuant to subsection (6), the director of occupational health and safety shall consider the following criteria:

(a) the frequency of occupationally related injuries and illnesses at the place of employment;

(b) the number and nature of the notices of contravention relating to the place of employment and the history of compliance with those orders and with compliance undertakings;

(c) any additional criteria that the director considers appropriate to protect the health, safety and welfare of workers.

Duty re policy statement on violence and prevention plan
Section 3-21 Duty re policy statement on violence and prevention plan

3‑21. (1) An employer operating at a prescribed place of employment where violent situations have occurred or may reasonably be expected to occur shall develop and implement a written policy statement and prevention plan to deal with potentially violent situations after consultation with:

(a) the occupational health committee;

(b) the occupational health and safety representative; or

(c) the workers, if there is no occupational health committee and no occupational health and safety representative.

(2) A policy statement and prevention plan required pursuant to subsection (1) must include any prescribed provisions.

DIVISION 4

Occupational Health Committees and Occupational Health and Safety Representatives
Duties of committees
Section 3-27 Duties of committees

3‑27. (1) The duties of an occupational health committee are the following:

(a) to participate in the identification and control of health and safety hazards in or at the place of employment;

(b) to cooperate with the occupational health and safety service, if any, established for the place of employment;

(c) to establish, promote and recommend the means of delivery of occupational health and safety programs for the education and information of workers;

(d) to maintain records with respect to the duties of the committee pursuant to this section;

(e) to investigate any matter mentioned in section 3‑31;

(f) to receive, consider and resolve matters respecting the health and safety of workers;

(g) to carry out any other duties that are specified in this Part or the regulations made pursuant to this Part.

(2) An employer or contractor shall ensure that the duties of the occupational health committee imposed by this Part or the regulations made pursuant to this Part are not diminished by any other committee established within the place of employment by the employer or contractor.

DIVISION 12

Offences and Penalties
Onus on accused re training of workers
Section 3-81 Onus on accused re training of workers

3‑81. In any proceedings for an offence pursuant to this Part or the regulations made pursuant to this Part consisting of a failure to comply with a duty or requirement related to the training of workers, the onus is on the accused to prove that the training provided met the requirements of this Part and the regulations made pursuant to this Part.

Occupational Health and Safety Regulations, 2020

Part 1

Preliminary Matters

Definitions and interpretation
Section 1-2 Definitions and Interpretation

1‑2(1). In these regulations and in all other regulations made pursuant to the Act:

"Act" means The Saskatchewan Employment Act ;

"air‑purifying respirator" means a respirator that removes airborne contaminants from the air inhaled by a worker;

"approved" means:

(a) approved by an agency acceptable to the director for use in accordance with any terms and conditions determined by the agency; or

(b) approved by a certificate of the director subject to any terms and conditions the director considers appropriate;

"atmosphere‑supplying respirator" means a respirator that delivers clean breathing air to a worker from:

(a) a compressor or a cylinder;

(b) an SCBA that is closed or open circuit; or

(c) a combination of an SCBA and supplied air; "borehole" means a mechanically drilled hole in the ground;

"building shaft" means a continuous vertical space substantially enclosed on all sides that extends for 2 or more floors, and includes an elevator shaft, a ventilation shaft, a stairwell and a service shaft;

"class A qualification" means a certificate that:

(a) is issued by an agency, as defined in section 5‑1, with respect to the successful completion of a first aid training course and a cardiopulmonary resuscitation training course that meet the minimum requirements for course duration and content set out in Table 1 of the Appendix; and

(b) qualifies the holder to perform the services set out in Table 2 of the Appendix;

"class B qualification" means a certificate that:

(a) is issued by an agency, as defined in section 5‑1, with respect to the successful completion of a first aid training course and a cardiopulmonary resuscitation training course that meet the minimum requirements for course duration and content set out in Table 3 of the Appendix; and

(b) qualifies the holder to perform the services set out in Table 4 of the Appendix;

"Class C fire" means a fire involving energized electrical equipment;

"co‑chairpersons’ means, with respect to a committee, the worker co‑chairperson elected pursuant to clause 4‑6(1) (a) and the employer or contractor co‑chairperson appointed pursuant to clause 4‑6(1) (b);

"committee" means an occupational health committee;

"competent" means competent as defined in Part III of the Act;

"competent worker", with respect to a particular task or duty, includes a worker who is being trained to perform that task or carry out that duty and who is under close and competent supervision during that training;

"connecting linkage" means a lanyard, safety hook, cable or connector inserted between a personal fall arrest system and the D‑ring on a worker’s full‑body harness;

"construction" means the erection, alteration, renovation, repair, dismantling, demolition, structural maintenance and painting of a structure, and includes:

(a) land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting and concreting; and

(b) the installation of any plant;

"dBA" means the sound pressure level in decibels measured on the A scale of a sound level meter;

"dBA Lex" means the level of a worker’s total exposure to noise, in dBA, averaged over an entire workday and adjusted to an equivalent 8‑hour exposure;

"designated signaller" means a worker designated pursuant to clause 9‑21(1) (a) to give signals;

"director" means the director of occupational health and safety;

"escape respirator" means an atmosphere‑supplying respirator or an air‑purifying respirator that is designed to be used by a worker for escape purposes only;

"excavated shaft" means a dug‑out passage into the ground, the longest dimension of which exceeds 1.5 metres and of which the acute angle between the axis of the longest dimension and the vertical is less than 45°;

"excavation" means any dug‑out area of ground but does not include a trench, tunnel or excavated shaft;

"first aid" means immediate assistance given in case of injury until medical aid has been obtained;

"first aid attendant" means the holder of a valid:

(a) class A qualification;

(b) class B qualification;

(c) licence to practise issued pursuant to The Paramedics Act; or

(d) licence, certificate or other qualification that, in the opinion of the director, is equivalent to or superior to a qualification set out in clauses (a) to (c);

"first aid register" means the register required by section 5‑8;

"first aid station" means a work‑related area containing the supplies and equipment required by subsection 5‑7(1);

"forklift" means a self‑propelled machine that has a power‑operated upright, angled or telescoping lifting device that can raise and lower a load for the purpose of transporting or stacking;

"full‑body harness" means a safety device that:

(a) is capable of suspending a worker without causing the worker to bend at the waist; and

(b) consists of straps that pass over the worker’s shoulders and around the worker’s legs, an upper dorsal suspension assembly and all integral hardware;

"hand tool" means hand‑held equipment that is powered by the energy of a worker;

"harmful" means known to cause harm or injury;

"hazardous" means likely to cause harm or injury in certain circumstances;

"hazardous product" means a hazardous product as defined in the Hazardous Products Act (Canada);

"HEPA filter" means a high‑efficiency particulate aerosol filter that is at least 99.97% efficient in collecting a 0.3 micrometre aerosol;

"hoist" means a machine that consists of a raising and lowering mechanism;

"immediately dangerous to life or health" means a condition in which a hazardous atmosphere exists to such an extent that a worker who is not using an approved respiratory protective device will suffer escape‑impairing or irreversible health effects if the worker does not leave the hazardous atmosphere within 30 minutes;

"instruct" means to give information and direction to a worker with respect to particular subject‑matter;

"lifeline" means a length of rope or strap that is attached to a safe point of anchorage at 1 end or, in the case of a horizontal lifeline, at both ends to provide support and a guide for a personal fall arrest system or personnel lowering device;

"licence to practise" means a licence to practise issued pursuant to The Paramedics Act;

"locked out" means to have isolated the energy source or sources from equipment, to have dissipated any residual energy in a system and to have secured the isolation by a device that is operated by a key or other process;

"machine" means any combination of mechanical parts that transmits from 1 part to another or otherwise modifies force, motion or energy;

"maintained" means kept in a condition of efficient and safe functioning by a system of regular examination, testing and servicing or repair;

"The Mines Regulations" means The Mines Regulations, 2018;

"officer" means an occupational health officer;

"operator" means a person who operates any equipment;

"percutaneous" means a route of entry that is through the skin or mucous membrane and includes subcutaneous, intramuscular and intravascular routes of entry;

"personal fall arrest system" means personal protective equipment that:

(a) provides a means of safely arresting the fall of a worker; and

(b) subsequent to the arrest of the fall, does not by itself permit the further release or lowering of the worker;

"personal protective equipment" means any clothing, device or other article that is intended to be worn or used by a worker to prevent injury or to facilitate rescue;

"personnel lowering device" means a device that provides a means of lowering a worker from a height at a controlled rate of descent;

"power tool" means a hand‑held machine that is powered by energy other than the energy of a worker;

"powered mobile equipment" means a self‑propelled machine or a combination of machines, including a prime mover, that is designed to manipulate or move materials or to provide a work platform for workers;

"professional engineer" means a professional engineer as defined in The Engineering and Geoscience Professions Act;

"public highway" means a public highway as defined in The Highways and Transportation Act, 1997 ;

"qualified" means possessing a recognized degree, a recognized certificate or a recognized professional standing and demonstrating, by knowledge, training and experience, the ability to deal with problems related to the subject‑matter, the work or the project;

"representative" means an occupational health and safety representative;

"respiratory protective device" means a device that is designed to protect a wearer from inhaling a hazardous atmosphere, and includes an atmosphere‑supplying respirator, an air‑purifying respirator and an escape respirator;

"safeguard" means a guard, shield, wire mesh, guardrail, gate, barrier, safety net, handrail or other similar equipment that is designed to protect the safety of workers, but does not include personal protective equipment;

"SCBA" means self‑contained breathing apparatus; "supervisor" means a supervisor as defined in Part III of the Act;

"train" means train as defined in Part III of the Act;

"travelway" means any place where workers or vehicles regularly travel or pass, and includes a ramp, runway, catwalk, bridge, conveyor, gantry or passage;

"trench" means an elongated dug‑out area of land that has a depth that exceeds its width at the bottom;

"tunnel" means an underground passage that has an incline of not more than 45° from the horizontal;

"vehicle" means a machine in, on or by which a person or thing may be transported, and includes powered mobile equipment;

"work" and "at work" means:

(a) the time during which a worker is in the course of the worker’s employment; or

(b) the time that a self‑employed person devotes to work as a self‑employed person;

"work‑related area" means all places that are ancillary to a place of employment, and includes lunchrooms, restrooms, first aid rooms, lecture rooms, parking lots under the control of the employer or contractor, offices and work camp living accommodations, but does not include a permanent living accommodation.

(2) For the purposes of the Act, these regulations and all other regulations made pursuant to the Act, "injury" includes any disease and any impairment of the physical or mental condition of a person.

(3) Any word or expression used but not defined in these regulations or the Act has the meaning commonly given to it at places of employment in the industry concerned.

(4) Unless otherwise expressly stated:

(a) lumber sizes specified in these regulations are lumber sizes after dressing; and

(b) "lumber" means lumber that is free of visible defects.

PART 3

General Duties

General duties of employers
Section 3-1 General duties of employers

3‑1. The duties of an employer at a place of employment include:

(a) the provision and maintenance of plant, systems of work and working environments that ensure, as far as is reasonably practicable, the health, safety and welfare at work of the employer’s workers;

(b) arrangements for the use, handling, storage and transport of articles and substances in a manner that protects the health and safety of workers;

(c) the provision of any information, instruction, training and supervision that is necessary to protect the health and safety of workers at work; and

(d) the provision and maintenance of a safe means of entrance to and exit from the place of employment and all worksites and work‑related areas in or on the place of employment.

Supervision of work
Section 3-6 Supervision of work

3‑6(1) An employer or contractor shall ensure that:

(a) all work at a place of employment is sufficiently and competently supervised;

(b) supervisors have sufficient knowledge of all of the following with respect to matters that are within the scope of the supervisor’s responsibility:

(i) the Act and any regulations made pursuant to the Act that apply to the place of employment;

(ii) any occupational health and safety program at the place of employment;

(iii) the safe handling, use, storage, production and disposal of chemical and biological substances;

(iv) the need for, and safe use of, personal protective equipment;

(v) emergency procedures required by these regulations;

(vi) any other matters that are necessary to ensure the health and safety of workers under the supervisor’s direction; and

(c) supervisors comply with the Act and any regulations made pursuant to the Act that apply to the place of employment and ensure that the workers under their direction comply with the Act and those regulations.

(2) A supervisor shall ensure that the workers under the supervisor’s direction comply with the Act and any regulations made pursuant to the Act that apply to the place of employment.

Duty to inform workers
Section 3-7 Duty to inform workers

3‑7. An employer shall ensure that each worker:

(a) is informed of the provisions of the Act and any regulations pursuant to the Act that apply to the worker’s work at the place of employment; and

(b) complies with the Act and those regulations.

Training of workers
Section 3-8 Training of workers

3‑8(1). An employer shall ensure that a worker is trained in all matters that are necessary to protect the health and safety of the worker when the worker:

(a) begins work at a place of employment; or

(b) is moved from 1 work activity or worksite to another that differs with respect to hazards, facilities or procedures.

(2) The training required by subsection (1) must include:

(a) procedures to be taken in the event of a fire or other emergency;

(b) the location of first aid facilities;

(c) identification of prohibited or restricted areas;

(d) precautions to be taken for the protection of the worker from physical, chemical or biological hazards;

(e) any procedures, plans, policies and programs that the employer is required to develop pursuant to the Act or any regulations made pursuant to the Act that apply to the worker’s work at the place of employment; and

(f) any other matters that are necessary to ensure the health and safety of the worker while the worker is at work.

(3) An employer shall ensure that:

(a) the time spent by a worker in the training required by subsection (1) is credited to the worker as time at work; and

(b) the worker does not lose pay or other benefits with respect to that time.

(4) An employer shall ensure that no worker is permitted to perform work unless the worker:

(a) has been trained, and has sufficient experience, to perform the work safely and in compliance with the Act and the regulations; or

(b) is under close and competent supervision.

Occupational health and safety program
Section 3-11 Occupational health and safety program

3‑11(1). Subject to subsection (2), an occupational health and safety program required by section 3‑20 of the Act must include:

(a) a statement of the employer’s policy with respect to the protection and maintenance of the health and safety of the workers;

(b) the identification of existing and potential risks to the health or safety of workers at the place of employment and the measures, including procedures to respond to an emergency, that will be taken to reduce, eliminate or control those risks;

(c) the identification of internal and external resources, including personnel and equipment, that may be required to respond to an emergency;

(d) a statement of the responsibilities of the employer, the supervisors and the workers;

(e) a schedule for the regular inspection of the place of employment and of work processes and procedures;

(f) a plan for the control of any biological or chemical substance handled, used, stored, produced or disposed of at the place of employment and, if appropriate, the monitoring of the work environment;

(g) a plan for training workers and supervisors in safe work practices and procedures, including any procedures, plans, policies or programs that the employer is required to develop pursuant to the Act or any regulations made pursuant to the Act that apply to the work of the workers and supervisors;

(h) a procedure for the investigation of accidents, dangerous occurrences and refusals to work pursuant to section 3‑31 of the Act at the place of employment;

(i) a strategy for worker participation in occupational health and safety activities, including audit inspections and investigations of accidents, dangerous occurrences and refusals to work pursuant to section 3‑31 of the Act; and

(j) a procedure to review and, if necessary, revise the occupational health and safety program at specified intervals that are not greater than 3 years and whenever there is a change of circumstances that may affect the health or safety of workers.

(2) The places of employment set out in Table 7 of the Appendix with 10 or more workers are prescribed for the purposes of section 3‑20 of the Act.

(3) An employer at a place of employment mentioned in subsection (2) shall establish an occupational health and safety program that meets the requirements set out in subsection (1).

Maintenance and repair of equipment
Section 3-14 Maintenance and repair of equipment

3‑14(1). An employer shall ensure that all equipment is maintained at intervals that are sufficient to ensure the safe functioning of the equipment.

(2) If a defect is found in equipment, an employer shall ensure that:

(a) steps are taken immediately to protect the health and safety of any worker who may be at risk until the defect is corrected; and

(b) the defect is corrected by a competent person as soon as is reasonably practicable.

(3) A worker who knows or has reason to believe that equipment under the worker’s control is not in a safe condition shall:

(a) immediately report the condition of the equipment to the employer; and

(b) repair the equipment if the worker is authorized and competent to do so.

Working alone or at isolated place of employment
Section 3-24 Working alone or at isolated place of employment

3‑24(1). In this section, "to work alone" means to work at a worksite as the only worker of the employer or contractor at that worksite, in circumstances where assistance is not readily available to the worker in the event of injury, ill health or emergency.

(2) If a worker is required to work alone or at an isolated place of employment, an employer or contractor, in consultation with the committee, the representative or, if there is no committee or representative, the workers, shall identify the risks arising from the conditions and circumstances of the worker’s work or the isolation of the place of employment.

(3) An employer or contractor shall take all reasonably practicable steps to eliminate or reduce the risks identified pursuant to subsection (2).

(4) The steps to be taken to eliminate or reduce the risks pursuant to subsection (3):

(a) must include the establishment of an effective communication system that consists of:

(i) radio communication;

(ii) phone or cellular phone communication; or

(iii) any other means that provides effective communication in view of the risks involved; and

(b) may include any of the following:

(i) regular contact by the employer or contractor with the worker working alone or at an isolated place of employment;

(ii) limitations on, or prohibitions of, specified activities;

(iii) establishment of minimum training or experience, or other standards of competency;

(iv) provision of personal protective equipment;

(v) establishment of safe work practices or procedures;

(vi) provision of emergency supplies for use in travelling under conditions of extreme cold or other inclement weather conditions.

Violence
Section 3-26 Violence

3‑26(1). In this section, "violence" means the attempted, threatened or actual conduct of a person that causes or is likely to cause injury, and includes any threatening statement or behaviour that gives a worker reasonable cause to believe that the worker is at risk of injury.

(2) Places of employment that provide the following services or activities are prescribed for the purposes of subsection 3‑21(1) of the Act:

(a) services provided by health care facilities mentioned in clauses (a) to (e) and (l) of the definition of "health care facilities" in section 31‑1;

(b) pharmaceutical‑dispensing services;

(c) education services;

(d) police services;

(e) corrections services;

(f) other law enforcement services;

(g) security services;

(h) crisis counselling and intervention services;

(i) late night retail premises as defined in section 3‑27;

(j) financial services;

(k) the sale of alcoholic beverages or the provision of premises for the consumption of alcoholic beverages;

(l) taxi services;

(m) transit services.

(3) A policy statement and prevention plan required by subsection 3‑21(1) of the Act must be in writing and must include:

(a) the employer’s commitment to minimize or eliminate the risk;

(b) the identification of the worksites where violent situations have occurred or may reasonably be expected to occur;

(c) the identification of any staff positions at the place of employment that have been, or may reasonably be expected to be, exposed to violent situations;

(d) the procedure to be followed by the employer to inform workers of the nature and extent of risk from violence, including, except if the disclosure is prohibited by law, any information in the employer’s possession related to the risk of violence from persons who have a history of violent behaviour and whom workers are likely to encounter in the course of their work;

(e) the actions the employer will take to minimize or eliminate the risk, including the use of personal protective equipment, administrative arrangements and engineering controls;

(f) the procedure to be followed by a worker who has been exposed to a violent incident to report the incident to the employer;

(g) the procedure the employer will follow to document and investigate a violent incident reported pursuant to clause (f);

(h) a recommendation that any worker who has been exposed to a violent incident consult the worker’s physician for treatment or referral for post incident counselling; and

(i) the employer’s commitment to provide a training program for workers that includes:

(i) the means to recognize potentially violent situations;

(ii) procedures, work practices, administrative arrangements and engineering controls that have been developed to minimize or eliminate the risk to workers;

(iii) the appropriate responses of workers to incidents of violence, including how to obtain assistance; and

(iv) procedures for reporting violent incidents.

(4) If a worker receives treatment or counselling mentioned in clause (3) (h) or attends a training program mentioned in clause (3) (i), an employer shall credit the worker’s attendance as time at work and ensure that the worker loses no pay or other benefits.

(5) An employer shall make readily available for reference by workers a copy of the policy statement and prevention plan required by subsection 3‑21(1) of the Act.

(6) An employer shall ensure that the policy statement and prevention plan required by subsection 3‑21(1) of the Act is reviewed and, if necessary, revised every 3 years and whenever there is a change of circumstances that may affect the health or safety of workers.

PART 4

Committees and Representatives

Training of representatives, committee members
Section 4-9 Training of representatives, committee members

4‑9(1). At a place of employment where a representative is designated, an employer shall ensure that the representative receives training respecting the duties and functions of a representative.

(2) At a place of employment where a committee is established, an employer or contractor shall ensure that the co‑chairpersons of the committee receive training respecting the duties and functions of a committee.

(3) If a member of a committee or a representative gives reasonable notice, an employer or contractor shall permit the member or representative to take leave for a period or periods of not more than 5 working days per year to attend occupational health and safety training programs, seminars or courses of instruction.

(4) If a member of a committee or a representative attends a training program, seminar or course of instruction on health and safety matters conducted or provided by the ministry or by an approved training agency, an employer or contractor shall credit the member’s or representative’s attendance as time at work and ensure that the member or representative loses no pay or other benefits.

PART 5

First Aid

First aid personnel
Section 5-5 First aid personnel

5‑5(1). An employer or contractor shall:

(a) provide the personnel set out in Table 9 of the Appendix for:

(i) the level of risk associated with the work carried out at the place of employment as determined by a workplace first aid risk assessment; and

(ii) the number of workers at the place of employment at any one time; and

(b) ensure that the personnel are readily available during working hours.

(2) An employer or contractor shall ensure that the personnel required pursuant to subsection (1) have the qualifications set out in Table 1 or Table 3 of the Appendix, as the case may require.

(3) A person who possesses credentials in first aid that, in the opinion of the director, are equivalent to or superior to the credentials required for a place of employment may serve as a first aid attendant at that place of employment.

(4) If rescue personnel are required by these regulations to be provided at a worksite, an employer or contractor shall ensure that at least 1 first aid attendant with a class A qualification is readily available during working hours, whether or not the employer or contractor is required to provide a class A first aid attendant pursuant to subsection (1).

(5) Notwithstanding any other provision of this Part, if an employer, contractor or owner provides lodging for workers at or near an isolated or distant place of employment, the employer, contractor or owner shall provide the personnel, supplies, equipment and facilities required pursuant to section 5‑3(b) and Table 9 of the Appendix based on the total number of workers at or near the place of employment, whether or not the workers are all working at any one time.

(6) An employer or contractor shall:

(a) allow a first aid attendant and any other worker that the first aid attendant needs for assistance to provide prompt and adequate first aid to a worker who has been injured or taken ill; and

(b) ensure that the first aid attendant and any worker assisting the first aid attendant have adequate time, with no loss of pay or other benefits, to provide the first aid.

PART 6

General Health Requirements

Thermal conditions
Section 6-7 Thermal conditions

6‑7(1). Subject to subsection (3), in an indoor place of employment, an employer, contractor or owner shall provide and maintain thermal conditions, including air temperature, radiant temperature, humidity and air movement, that:

(a) are appropriate to the nature of the work performed;

(b) provide effective protection for the health and safety of workers; and

(c) provide reasonable thermal comfort for workers.

(2) At an indoor place of employment where the thermal environment is likely to be a health or safety concern to the workers, an employer, contractor or owner shall provide and maintain an appropriate and suitably located instrument for measuring the thermal conditions.

(3) If it is not reasonably practicable to control thermal conditions or if work is being performed outdoors, an employer, contractor or owner shall provide and maintain measures for:

(a) the effective protection of the health and safety of workers; and

(b) the reasonable thermal comfort of workers.

(4) Measures for the purposes set out in subsection (3) may include, but are not limited to, the following:

(a) frequent monitoring of thermal conditions;

(b) the provision of special or temporary equipment, including screens, shelters and temporary heating or cooling equipment;

(c) the provision of suitable clothing or personal protective equipment;

(d) the provision of hot or cold drinks;

(e) the use of acclimatization or other physiological procedures;

(f) the use of limited work schedules with rest and recovery periods, changes in workloads, changes in hours or other arrangements for work;

(g) frequent observation of workers by a person who is trained to recognize the symptoms of physiological stress resulting from extreme temperatures;

(h) the provision of emergency supplies for use when travelling under extremely cold or inclement weather conditions.

(5) If a worker is required to work in thermal conditions that are different from those associated with the worker’s normal duties, an employer or contractor shall provide, and require the worker to use, any suitable clothing or other personal protective equipment that is necessary to protect the health and safety of the worker.

Lifting and handling loads
Section 6-15 Lifting and handling loads

6‑15(1). An employer or contractor shall ensure, if reasonably practicable, that suitable equipment is provided and used for the handling of heavy or awkward loads.

(2) If the use of equipment is not reasonably practicable, an employer or contractor shall take all practicable means to adapt heavy or awkward loads to facilitate lifting, holding or transporting by workers or to otherwise minimize the manual handling required.

(3) An employer or contractor shall ensure that no worker engages in the manual lifting, holding or transporting of a load that, by reason of its weight, size or shape, or by any combination of these or by reason of the frequency, speed or manner in which the load is lifted, held or transported, is likely to be injurious to the worker’s health or safety.

(4) An employer or contractor shall ensure that a worker who is to engage in the lifting, holding or transporting of loads receives appropriate training in safe methods of lifting, holding or carrying of loads.

Musculoskeletal injuries
Section 6-18 Musculoskeletal injuries

6‑18(1). In this section, "musculoskeletal injury" means an injury or disorder of the muscles, tendons, ligaments, nerves, joints, bones or supporting vasculature that may be caused or aggravated by any of the following:

(a) repetitive motions;

(b) forceful exertions;

(c) vibration;

(d) mechanical compression;

(e) sustained or awkward postures;

(f) limitations on motion or action;

(g) other ergonomic stressors.

(2) An employer or contractor, in consultation with the committee, shall regularly review the activities at the place of employment that may cause or aggravate musculoskeletal injuries.

(3) If a risk of musculoskeletal injury is identified, an employer or contractor shall:

(a) inform each worker who may be at risk of developing musculoskeletal injury of that risk and of the signs and common symptoms of any musculoskeletal injury associated with that worker’s work; and

(b) provide effective protection for each worker who may be at risk, which may include any of the following:

(i) providing equipment that is designed, constructed, positioned and maintained to reduce the harmful effects of an activity;

(ii) implementing appropriate work practices and procedures to reduce the harmful effects of an activity;

(iii) implementing work schedules that incorporate rest and recovery periods, changes in workload or other arrangements for alternating work to reduce the harmful effects of an activity.

(4) An employer or contractor shall ensure that workers who may be at risk of developing musculoskeletal injury are instructed in the safe performance of the worker’s work, including the use of appropriate work practices and procedures, equipment and personal protective equipment.

(5) If a worker has symptoms of musculoskeletal injury, an employer or contractor shall:

(a) advise the worker to consult a physician or a health care professional who is registered or licensed pursuant to an Act to practise any of the healing arts; and

(b) promptly review the activities of that worker and of other workers doing similar tasks to identify any cause of the symptoms and to take corrective measures to avoid further injuries.

Shift work and constant effort and exertion
Section 6-19 Shift work and constant effort and exertion

6‑19. If a worker works shifts or a worker’s work demands constant and uninterrupted mental effort or constant and uninterrupted physical exertion, an employer or contractor, in consultation with the committee, shall:

(a) assess the risks to the worker’s health and safety of the worker’s work; and

(b) inform the worker of the nature and extent of the risks mentioned in clause (a) and the ways to eliminate or reduce those risks.

Visually demanding tasks
Section 6-20 Visually demanding tasks

6‑20(1). An employer or contractor, in consultation with the committee, shall identify any tasks that involve a potentially harmful visual demand on a worker.

(2) An employer or contractor shall:

(a) take all practicable steps to reduce the harmful visual demand of those tasks;

(b) inform the worker of the risk of performing those tasks;

(c) advise the worker to consult a physician or an optometrist if any persistent vision impairment, disability or visual strain results from performing the tasks;

(d) if a worker cannot attend a consultation mentioned in clause (c) during the worker’s time off work, permit the worker to attend the consultation during normal working hours without loss of pay or other benefits; and

(e) if a worker cannot recover the costs of a consultation mentioned in clause (c), reimburse the worker for the costs of the consultation that, in the opinion of the director, are reasonable.

Exposure control plan
Section 6-22 Exposure control plan

6‑22(1). In this section:

"engineering controls" means physical controls or barriers that isolate or remove an infectious disease hazard and includes:

(a) medical devices approved by Health Canada that have engineered sharps injury protections;

(b) sharps disposal containers;

(c) needleless systems and needles with engineered sharps injury protections as defined in section 31‑9; and

(d) other devices that isolate or remove sharps hazards;

"expose" means harmful contact with an infectious material or organism from inhalation, ingestion, skin or mucous membrane contact or percutaneous injury;

"exposure control plan" means an exposure control plan required pursuant to subsection (2);

"infectious material or organism" means an infectious material or organism that has been identified in an approved manner as an infectious disease hazard that poses a significantly increased exposure risk to a worker or self‑employed person.

(2) If workers are required to handle, use or produce an infectious material or organism or are likely to be exposed at a place of employment, an employer, in consultation with the committee, shall develop and implement an exposure control plan to eliminate or minimize worker exposure.

(3) An exposure control plan must:

(a) be in writing;

(b) identify any workers at the place of employment who may be exposed;

(c) identify categories of tasks and procedures that may put workers at risk of exposure;

(d) describe the ways in which an infectious material or organism can enter the body of a worker and the risks associated with that entry;

(e) describe the signs and symptoms of any disease that may arise for a worker exposed at the place of employment;

(f) describe infection control measures to be used, such as the following:

(i) vaccination;

(ii) engineering controls;

(iii) personal protective equipment;

(iv) safe work practices and procedures; and

(v) standard practices that incorporate universal precautions;

(g) identify the limitations of the infection control measures described pursuant to clause (f);

(h) set out procedures to be followed in each of the following circumstances:

(i) if there has been a spill or leak of an infectious material or organism;

(ii) if a worker has been exposed;

(iii) if a worker believes that the worker has been exposed;

(i) set out the methods of cleaning, disinfecting or disposing of clothing, personal protective equipment or other equipment contaminated with an infectious material or organism that must be followed and indicate who is responsible for carrying out those activities;

(j) describe the training to be provided to workers who may be exposed and the means by which this training will be provided;

(k) require the investigation and documentation, in a manner that protects the confidentiality of the exposed worker, of any work‑related exposure incident, including the route of exposure and the circumstances in which the exposure occurred; and

(l) require the investigation of any occurrence of an occupationally transmitted infection or infectious disease to identify the route of exposure and implement measures to prevent further infection.

(4) If subsection (2) applies to an employer, that employer must describe in the employer’s exposure control plan the steps that will be taken to ensure compliance with this section and, if applicable, subsection 31‑9(3).

(5) No employer shall allow a worker to undertake any tasks or procedures mentioned in clause (3) (c) unless the worker has been trained with respect to the exposure control plan and the use of control measures appropriate for the task or procedure undertaken.

(6) An employer, in consultation with the committee, shall review the adequacy of the exposure control plan, and amend the plan if necessary, at least every 2 years or as necessary to reflect advances in infection control measures, including engineering controls.

(7) An employer shall make a copy of the exposure control plan and any amendments to that plan readily available to every worker who may be exposed.

(8) An employer shall:

(a) inform workers who are required to handle, use or produce an infectious material or organism or who may be exposed at a place of employment of the following:

(i) any vaccine recommended for workers with respect to that risk in the Canadian Immunization Guide, published by the Public Health Agency of Canada , and recommended by:

(A) a medical health officer appointed pursuant to The Public Health Act or a designated public health officer within the meaning of The Public Health Act, 1994whose powers and responsibilities include those set out in Part IV of The Public Health Act, 1994; or

(B) a physician with expertise in immunization or the control of communicable diseases;

(ii) the risks associated with taking a vaccine mentioned in subclause (i);

(b) with the worker’s consent, arrange for the worker to receive any vaccination recommended pursuant to subclause (a) (i) during the worker’s normal working hours and reimburse the worker for any costs associated with receiving the vaccination; and

(c) if a worker cannot receive a vaccination mentioned in subclause (a) (i) during the worker’s normal working hours, credit the worker’s attendance for the vaccination as time at work and ensure that the worker does not lose any pay or other benefits.

(9) If a worker has been exposed to blood or potentially infectious bodily fluids at a place of employment, an employer shall, with the consent of the worker, during the worker’s normal working hours, arrange for immediate medical evaluation and intervention by a qualified person in an approved manner and for confidential post‑exposure counselling.

(10) If a worker cannot receive medical evaluation, medical intervention or post‑exposure counselling during the worker’s normal working hours, an employer shall credit the worker’s attendance for evaluation, intervention or counselling as time at work and shall ensure that the worker does not lose any pay or other benefits.

(11) Nothing in these regulations prohibits an employer or contractor from purchasing supplies in bulk together with another employer or contractor but each employer or contractor is responsible for ensuring the employer or contractor’s compliance with these regulations.

PART 7

Personal Protective Equipment

General responsibilities
Section 7-2 General responsibilities

7‑2(1). If an employer or contractor is required by these regulations or any other regulations made pursuant to the Act to provide personal protective equipment, the employer or contractor shall:

(a) supply approved personal protective equipment to the workers at no cost to the workers;

(b) ensure that the personal protective equipment is used by the workers;

(c) ensure that the personal protective equipment is at the worksite before work begins;

(d) ensure that the personal protective equipment is stored in a clean, secure location that is readily accessible to workers;

(e) ensure that each worker is aware of the location of the personal protective equipment and trained in its use;

(f) inform the workers of the reasons why the personal protective equipment is required to be used and of the limitations of its protection; and

(g) ensure that personal protective equipment provided to a worker:

(i) is suitable and adequate and a proper fit for that worker;

(ii) is maintained and kept in a sanitary condition; and

(iii) is removed from use or service when damaged.

(2) If an employer or contractor requires a worker to clean and maintain personal protective equipment, the employer shall ensure that the worker has adequate time during normal working hours without loss of pay or other benefits for this purpose.

(3) If reasonably practicable, an employer or contractor shall make appropriate adjustments to the work procedures and the rate of work to eliminate or reduce the danger or discomfort to the worker that may arise from the worker’s use of personal protective equipment.

(4) A worker who is provided with personal protective equipment by an employer or contractor shall:

(a) use the personal protective equipment; and

(b) take reasonable steps to prevent damage to the personal protective equipment.

(5) If personal protective equipment provided to a worker becomes defective or otherwise fails to provide the protection it was intended for, the worker shall:

(a) return the personal protective equipment to the employer or contractor; and

(b) inform the employer or contractor of the defect or other reason why the personal protective equipment does not provide the protection that it was intended to provide.

(6) An employer or contractor shall immediately repair or replace any personal protective equipment returned to the employer or contractor pursuant to clause (5) (a).

Respiratory protective devices
Section 7-3 Respiratory protective devices

7‑3(1). If a worker is likely to be exposed to dust, fumes, gas, mist, aerosol or vapour or any airborne contaminant that may be present in any amounts that are harmful or offensive to the worker, an employer or contractor shall:

(a) provide an approved respiratory protective device for use by the worker that:

(i) provides suitable and adequate protection to the worker from one or more airborne contaminants;

(ii) is the proper size for the worker’s face;

(iii) if a tight fit is essential to the proper functioning of the respiratory protective device, makes an effective seal to the facial skin of the worker; and

(iv) if a tight fit is essential to ensure the worker is not exposed to one or more airborne contaminants to an extent that may pose a risk of significant harm to the worker, has been fit‑tested by a competent person in an approved manner;

(b) ensure that the respiratory protective device is regularly cleaned and maintained in an approved manner; and

(c) ensure that the respiratory protective device is kept, when not in use, in a convenient and sanitary location in which the respiratory protective device is not exposed to extremes of temperature or to any contaminant that may inactivate the respiratory protective device.

(2) If a respiratory protective device as required by subsection (1) is provided to a worker, the employer or contractor shall ensure that the worker:

(a) has been trained by a competent person in the proper testing, maintenance, use and cleaning of the respiratory protective device and in its limitations;

(b) can demonstrate that the worker:

(i) understands the training provided pursuant to clause (a);

(ii) can test, maintain and clean the respiratory protective device; and

(iii) can use the respiratory protective device safely;

(c) tests the respiratory protective device before each use;

(d) is assessed according to an approved standard as being capable of wearing a respiratory protective device; and

(e) is adequately informed respecting the reasons for the assessment required pursuant to clause (d).

(3) An employer or contractor shall ensure that the training required by clause (2) (a) includes practical experience by the worker in an uncontaminated environment.

(4) If respiratory protective devices are used only for emergency purposes, an employer or contractor shall ensure that a worker who may be required to use a respiratory protective device is given semi‑annual refresher training in its safe use.

(5) An employer shall ensure that the following records are kept as long as the worker who was provided with a respiratory protective device is employed by the employer and that the following records are made readily available for inspection and examination by the committee or the representative, as the case may be:

(a) records respecting fit‑testing for each worker that is completed pursuant to subclause (1) (a) (iv);

(b) records respecting the results of assessments for each worker that are completed pursuant to clause (2) (d);

(c) records respecting training completed by each worker pursuant to subsections (2) and (3).

(6) An employer shall ensure that any records mentioned in clause (5) (b) respecting a worker that are made available for inspection and examination pursuant to subsection (5) do not disclose any personal health information as defined in The Health Information Protection Act respecting the worker, unless the worker agrees to that disclosure.

(7) An employer shall ensure that records respecting the maintenance of atmosphere‑supplying respirators are kept and made readily available for inspection and examination by the committee or the representative as long as the worker who was provided with an atmosphere‑supplying respirator is employed by the employer.

(8) A worker may, at any time, inspect and examine any records kept pursuant to subsection (5) or (7) that relate to the worker.

Working in dangerous atmospheres
Section 7-5 Working in dangerous atmospheres

7‑5(1). If a worker is required to enter an atmosphere that is immediately dangerous to the life or health of the worker, an employer or contractor shall ensure that the worker is provided with and uses an approved atmosphere‑supplying respirator that is:

(a) an open‑circuit SCBA that:

(i) operates in a pressure demand or other positive pressure mode;

(ii) has a minimum rated capacity of 30 minutes;

(iii) is sufficiently charged to enable the worker to perform the work safely; and

(iv) is equipped with a low‑pressure warning device or an escape respirator;

(b) an airline respirator equipped with a full facepiece that:

(i) operates in a pressure demand or other positive pressure mode; and

(ii) has an auxiliary supply of air sufficient to allow the worker to escape in case of failure of the primary air supply equipment; or

(c) a closed‑circuit SCBA.

(2) If a worker is required to enter an atmosphere that is immediately dangerous to life or health, an employer or contractor shall ensure that:

(a) a second worker, suitably equipped and trained, is present and in communication with the worker at all times; and

(b) suitably equipped personnel who are trained in rescue procedures and are fully informed of the hazards are readily available to rescue the endangered worker immediately if the worker’s atmosphere‑supplying respirator fails or the worker becomes incapacitated for any other reason.

(3) An employer or contractor shall ensure that compressed air in an atmosphere‑supplying respirator used by a worker in an atmosphere that is immediately dangerous to the worker’s life or health meets the purity requirements set out in Table 2 of the Canadian Standards Association standard CAN Z180.1‑M85 Compressed Breathing Air and Systems.

Exposure to noise
Section 7-14 Exposure to noise

7‑14(1). If a worker is required or permitted by these regulations to use hearing protectors, an employer or contractor shall:

(a) provide approved hearing protectors; and

(b) require workers to use those hearing protectors if the worker is required to use hearing protectors by these regulations.

(2) If practicable, an employer or contractor shall ensure that a hearing protector provided pursuant to subsection (1) reduces the noise level received into the worker’s ears to not more than 85 dBA.

(3) If it is not practicable to comply with subsection (2), an employer or contractor shall ensure that a hearing protector provided pursuant to subsection (1) reduces the noise level received into the worker’s ears to the lowest level that is practicable.

(4) If an employer or contractor provides a worker with a hearing protector that depends for effectiveness on a close approximation of size or shape to the auditory canal of its user, the employer or contractor shall ensure that the hearing protector is fitted to the worker by a competent person.

Full-body harness
Section 7-17 Full‑body harness

7‑17. If a full‑body harness is used, an employer or contractor shall ensure that:

(a) the full‑body harness and connecting linkage are approved and maintained;

(b) the full‑body harness is properly fitted to the worker;

(c) the worker is trained in the safe use of the full‑body harness;

(d) all metal parts of the full‑body harness and connecting linkage are of drop‑forged steel that is 22.2 kilonewtons proof tested;

(e) a protective thimble is used to protect ropes or straps from chafing whenever a rope or strap is connected to an eye or a D‑ring used in the full‑body harness or connecting linkage; and

(f) the connecting linkage is attached to a personal fall arrest system, lifeline or secure anchor point to prevent the worker from falling more than 1.2 metres.

Protection against drowning
Section 7-22 Protection against drowning

7‑22(1). In this section:

"buoyant apparatus" means a device that is capable of supporting the weight in water of a worker and that is constructed to:

(a) remain stable when floating on either side;

(b) have no projections that would prevent the buoyant apparatus from sliding easily over the side of a boat or ship; and

(c) require no adjustment before use;

"life jacket" means an approved device that is capable of keeping a worker’s head above water in a face‑up position without effort by the worker;

"personal flotation device" means an approved device that is capable of keeping a worker’s head above water without effort by the worker, and includes a device that is designed to protect a worker against hypothermia.

(2) If a worker is required to work at a place from which the worker could fall and drown, and the worker is not protected by a guardrail, an employer or contractor shall:

(a) provide the worker with a life jacket and ensure that the worker uses it, and ensure that the rescue equipment and personnel described in subsection (3) are readily available;

(b) provide the worker with a full‑body harness and lifeline and ensure that the worker uses them; or

(c) ensure that a net is installed that is capable of safely catching the worker if the worker falls.

(3) The rescue equipment and personnel required by clause (2) (a) must consist of:

(a) a suitable boat equipped with a boat hook;

(b) a buoyant apparatus attached to a nylon rope that is not less than nine millimetres in diameter and not less than 15 metres long; and

(c) a sufficient number of properly equipped and trained workers to implement rescue procedures.

(4) An employer or contractor shall ensure that a life jacket or personal flotation device is provided for each worker who is transported by boat or works from a boat, and that each worker uses the life jacket or personal flotation device at all times when the worker is in the boat.

PART 8

Noise Control and Hearing Conservation

Measurement of noise levels
Section 8-3 Measurement of noise levels

8‑3(1). In every area where workers are required or permitted to work and the noise level may frequently exceed 80 dBA, an employer or contractor shall ensure that:

(a) the noise level is measured in accordance with an approved method;

(b) in consultation with the committee, the representative or, if there is no committee or representative, the workers, a competent person evaluates the sources of the noise and recommends corrective action; and

(c) the measurements, evaluation and recommendations are documented.

(2) An employer or contractor shall re‑measure the noise level in accordance with subsection (1) if altering, renovating or repairing the place of employment, introducing new equipment to the place of employment or modifying any process at the place of employment may result in a significant change in noise levels or occupational noise exposure.

(3) An employer or contractor shall keep a record of the results of any noise level measurements conducted at the place of employment as long as the employer or contractor operates in Saskatchewan.

(4) On request, an employer or contractor shall make available to an affected worker a copy of the results of any measurements conducted.

(5) An employer or contractor shall ensure that any area in which the measurements taken pursuant to subsection (1) show noise levels in excess of 80 dBA is clearly marked by a sign indicating the range of noise levels.

Hearing protection required
Section 8-4 Hearing protection required

8‑4. If a worker’s occupational noise exposure is or is believed to be between 80 dBA Lex and 85 dBA Lex, an employer or contractor shall:

(a) inform the worker of the hazards of occupational noise exposure;

(b) on the request of the worker, make available to the worker hearing protectors that meet the requirements of section 7‑14; and

(c) train the worker in the selection, use and maintenance of the hearing protectors.

Daily exposure greater than 85 dBA L
Section 8-5 Daily exposure greater than 85 dBA Lex

8‑5(1). If a worker’s occupational noise exposure equals or exceeds 85 dBA Lex, an employer or contractor shall:

(a) inform the worker of the hazards of occupational noise exposure;

(b) take all reasonably practicable steps to reduce noise levels in all areas where the worker may be required or permitted to work;

(c) minimize the worker’s occupational noise exposure to the extent that is reasonably practicable; and

(d) document the steps taken pursuant to clauses (b) and (c).

(2) If, in the opinion of the employer or contractor, it is not reasonably practicable to reduce noise levels or minimize the worker’s occupational noise exposure to less than 85 dBA Lex, an employer or contractor shall provide written reasons for that opinion to the committee and, if there is no committee, shall inform the workers of the reasons for that opinion.

(3) If it is not reasonably practicable to reduce a worker’s occupational noise exposure below 85 dBA Lex or the noise level below 90 dBA in any area where a worker may be required or permitted to work, an employer or contractor shall:

(a) provide a hearing protector to the worker that meets the requirements of section 7-14;

(b) train the worker in the selection, use and maintenance of the hearing protector; and

(c) arrange for the worker to have, at least once every 24 months during the worker’s normal working hours, an audiometric test and appropriate counselling based on the test results under the direction of a physician, an audiologist; or a registered nurse who has a certificate in autometric testing.

(4) If a worker cannot attend an audiometric test mentioned in clause (3) (c) during the worker’s normal working hours, an employer or contractor shall credit the worker’s attendance at the test as time at work and ensure that the worker does does not lose any pay or other benefits.

(5) If a worker cannot recover the costs of a audiometric test mentioned in clause (3) (c), an employer or contractor shall reimburse the worker for the costs of the test that, in the opinion of the director, are reasonable.

Hearing conservation plan
Section 8-6 Hearing conservation plan

8‑6(1). If 10 or more workers’ occupational noise exposure exceeds or is believed to exceed 85 dBA Lex, an employer or contractor shall, in consultation with the committee:

(a) develop a hearing conservation plan; and

(b) review and, if necessary, revise the hearing conservation plan every 3 years.

(2) An employer or contractor shall implement a hearing conservation plan developed pursuant to subsection (1) and appoint a supervisor to oversee the plan.

(3) A hearing conservation plan must be in writing and must include:

(a) the methods and procedures to be used in assessing the occupational noise exposure of workers;

(b) the methods of noise control to be used, including engineering controls and administrative arrangements;

(c) the selection, use and maintenance of hearing protectors;

(d) a plan to train workers in the hazards of excessive exposure to noise and the correct use of control measures and hearing protectors;

(e) the maintenance of exposure records;

(f) the requirements for audiometric tests; and

(g) a schedule for reviewing the hearing conservation plan and procedures for conducting the review.

(4) An employer or contractor shall make a copy of a hearing conservation plan readily available for reference by workers.

PART 9

Safeguards, Storage, Warning Signs and Signals

Fall protection plan
Section 9-3 Fall protection plan

9‑3(1). An employer or contractor shall develop a written fall protection plan if:

(a) a worker may fall 3 metres or more; and

(b) workers are not protected by a guardrail or similar barrier.

(2) The fall protection plan required by subsection (1) must describe:

(a) the fall hazards at the worksite;

(b) the fall protection system to be used at the worksite;

(c) the procedures used to assemble, maintain, inspect, use and disassemble the fall protection system; and

(d) the rescue procedures to be used if a worker falls, is suspended by a personal fall arrest system or safety net and needs to be rescued.

(3) The employer or contractor shall ensure that a copy of the fall protection plan is readily available before work begins at a worksite if a risk of falling exists.

(4) The employer or contractor shall ensure that a worker is trained in the fall protection plan and the safe use of the fall protection system before allowing the worker to work in an area where a fall protection system must be used.

Designated signallers
Section 9-21 Designated signallers

9‑21(1). If the giving of signals by a designated signaller is required by these regulations, an employer or contractor shall:

(a) designate a worker to be the designated signaller;

(b) ensure that the designated signaller is sufficiently trained to carry out the signaller’s duties in a manner that will ensure the signaller’s safety and the safety of other workers; and

(c) keep a record of the training required by clause (b) and give a copy of the record to the designated signaller.

(2) An employer or contractor shall:

(a) provide each designated signaller with, and require the signaller to use, a high visibility vest, armlets or other high visibility clothing, whether the signaller is on a public highway or is at any other place of employment; and

(b) provide each designated signaller with a suitable light to signal with during hours of darkness and in conditions of poor visibility.

(3) An employer or contractor shall:

(a) install suitably placed signs to warn traffic of the presence of a designated signaller before the signaller begins work; and

(b) if reasonably practicable, install suitable overhead lights to illuminate a designated signaller effectively.

(4) A designated signaller shall ensure that it is safe to proceed with a movement before signalling for that movement to proceed.

(5) If the giving of signals by a designated signaller is required by these regulations, an employer or contractor shall ensure that:

(a) no worker other than the designated signaller gives signals to an operator except in an emergency; and

(b) only 1 designated signaller gives signals to an operator at a time.

(6) If hand signals cannot be transmitted properly between a designated signaller and an operator, an employer or contractor shall ensure that additional designated signallers are available to effect proper transmission of signals or that some other means of communication is provided.

(7) If 2 or more designated signallers are used, an employer or contractor shall ensure that the designated signallers are able to communicate effectively with each other.

Risk from vehicular traffic
Section 9-22 Risk from vehicular traffic

9‑22(1). An employer or contractor shall ensure that a worker who is at risk from vehicular traffic, whether on a public highway or at any other place of employment, is provided with and required to use a high visibility vest, armlets or other high visibility clothing.

(2) If there is a danger to a worker from vehicular traffic on a public highway, an employer or contractor shall develop and implement a traffic control plan, in writing, to protect the worker from traffic hazards by the use of 1 or more of the following:

(a) warning signs;

(b) barriers;

(c) lane control devices;

(d) flashing lights;

(e) flares;

(f) conspicuously identified pilot vehicles;

(g) automatic or remote‑controlled traffic control systems;

(h) designated signallers directing traffic.

(3) An employer or contractor shall ensure that:

(a) workers are trained in the traffic control plan developed pursuant to subsection (2); and

(b) the traffic control plan developed pursuant to subsection (2) is made readily available for reference by workers at the place of employment.

(4) An employer or contractor shall use designated signallers to control traffic on a public highway only if other methods of traffic control are not adequate or suitable.

(5) If designated signallers are used to control traffic on a public highway, an employer or contractor shall provide:

(a) at least 1 designated signaller if:

(i) traffic approaches from 1 direction only; or

(ii) traffic approaches from both directions and the designated signaller and the operator of an approaching vehicle would be clearly visible to one another; and

(b) at least 2 designated signallers if traffic approaches from both directions and the designated signaller and the operator of an approaching vehicle would not be clearly visible to one another.

(6) If there is or may be a hazard to a worker from traffic at a place of employment other than a public highway, an employer or contractor shall develop and implement a traffic control plan to protect the worker from traffic hazards.

(7) A traffic control plan required by subsection (6) must:

(a) be in writing;

(b) be made readily available for reference by workers at the place of employment; and

(c) set out, if appropriate:

(i) the maximum allowable speed of any vehicle or class of vehicles, including powered mobile equipment, in use at the place of employment;

(ii) the maximum operating grades;

(iii) the location and type of control signs;

(iv) the route to be taken by vehicles or powered mobile equipment;

(v) the priority to be established for classes of vehicle;

(vi) the location and type of barriers or restricted areas; and

(vii) the duties of workers and the employer or contractor.

(8) A worker who operates a vehicle or unit of powered mobile equipment at a place of employment and who does not have a clear view of the path to be travelled shall not proceed until a person who has a clear view of the path to be travelled by the vehicle or unit of powered mobile equipment signals to the worker that it is safe to proceed.

(9) If a provision of this section conflicts with a provision of The Highways and Transportation Act, 1997 , The Traffic Safety Act , a regulation made pursuant to any of those Acts or a bylaw of a municipality made pursuant to The Cities Act, The Municipalities Act or The Northern Municipalities Act, 2010, the provision of the other statute, regulation or bylaw prevails.

(10) Nothing in this section applies to a peace officer in the performance of the peace officer’s duties.

PART 10

Machine Safety

Operation by workers
Section 10-1 Operation by workers

10‑1(1). An employer or contractor shall ensure that:

(a) machines are operated only by a competent worker; and

(b) workers are informed of any risk associated with, and trained in the safe use of, the machines.

(2) Before starting a machine, an operator shall ensure that neither the operator nor any other worker will be endangered by starting the machine.

(3) If a worker or a worker’s clothing may contact a moving part of a machine, an employer or contractor shall ensure that the worker:

(a) wears close‑fitting clothing;

(b) confines or cuts short any head and facial hair; and

(c) does not wear dangling neckwear or jewellery, rings or other similar items.

Cleaning, etc., of machine or other equipment in motion
Section 10-7 Cleaning, etc., of machine or other equipment in motion

10‑7(1). This section applies if any of the following requires cleaning, lubrication or adjustment while all or any part of a machine or other piece of equipment is in motion or under power:

(a) the machine or other piece of equipment;

(b) a part of the machine or of the piece of other equipment; or

(c) any material on the machine or on the piece of equipment.

(2) In the circumstances mentioned in subsection (1), an employer or contractor shall:

(a) develop and implement written work practices and procedures that ensure that the cleaning, lubrication or adjustment is carried out in a safe manner;

(b) ensure that workers who are required to perform the cleaning, lubrication or adjustment are trained in the written work practices and procedures mentioned in clause (a); and

(c) ensure that a copy of the written work practices and procedures mentioned in clause (a) is readily available for reference by workers.

Explosive-actuated fastening tools
Section 10-10 Explosive‑actuated fastening tools

10‑10(1). In this section, "explosive‑actuated fastening tool" means a machine that propels or discharges, by means of an explosive force, a fastening device to attach the fastening device on, affix the fastening device to or cause the fastening device to penetrate another object or material.

(2) An employer or contractor shall ensure that a worker who operates explosive‑actuated fastening tool systems is trained in and uses safe work procedures for any explosive‑actuated fastening tool that the worker may operate, including:

(a) the selection of the appropriate tool, accessories, fastener and power load for each application;

(b) the limitations of each type of tool, fastener and power load; and

(c) the maintenance, inspection and use of the tool.

(3) An employer or contractor shall ensure that a worker who operates an explosive actuated fastening tool:

(a) does not leave the tool or explosive charges unattended;

(b) stores the tool and explosive charges in a locked container when not in use; and

(c) uses an industrial eye or face protector that meets the requirements of Part 7.

Grinding machines
Section 10-12 Grinding machines

10‑12(1). An employer or contractor shall ensure that:

(a) no abrasive wheel is operated:

(i) unless it is equipped with blotters installed according to the manufacturer’s recommendations and a safeguard; or

(ii) at a speed in excess of the manufacturer’s recommendations;

(b) the maximum speed of each grinder shaft in revolutions per minute is permanently marked on the grinder; and

(c) the mounting flanges for an abrasive wheel have an equal and correct diameter for the wheel.

(2) If a tool rest is installed on a fixed grinder, an employer or contractor shall ensure that the tool rest is:

(a) installed in a manner that is compatible with the work process;

(b) securely attached to the grinder; and

(c) set not more than 3 millimetres from the face of the wheel or below the horizontal centre line of the wheel.

(3) An employer or contractor shall not require or permit a worker to use the sides of an abrasive wheel for grinding unless the abrasive wheel is designed for that use.

(4) An employer or contractor shall ensure that a worker who operates a grinder:

(a) is provided with and uses the following personal protective equipment that meets the requirements of Part 7:

(i) an industrial eye or face protector;

(ii) hand or arm protection; and

(b) is instructed in the potential hazards and safe use of the grinder.

PART 11

Powered Mobile Equipment

Trained operators for powered mobile equipment
Section 11-2 Trained operators for powered mobile equipment

11‑2(1). In this section:

"farming or ranching operation" includes any of the following operations:

(a) the production of crops, including fruits and vegetables, seeds and animal feed, through the cultivation of land;

(b) the drying, cleaning, handling and transporting of grain by the original producer of that grain;

(c) feedlot and intensive livestock operations;

(d) the production of raw milk;

(e) the operation of greenhouses;

(f) the operation of herb or mushroom farms;

(g) the raising of animals used in the production of food, including horses;

(h) the keeping of bees;

(i) the operation of sod farms;

(j) the operation of tree nurseries;

"trained operator" means a worker who:

(a) has successfully completed a training program that includes all of the elements set out in Table 11 of the Appendix for the type of powered mobile equipment that the worker will be required or permitted to operate; or

(b) is completing the practical training required by Table 11 of the Appendix under the direct supervision of a competent operator within the meaning of clause (a).

(2) Subject to subsection (4), every employer or contractor shall ensure that only trained operators are required or permitted to operate powered mobile equipment.

(3) An employer or contractor shall ensure that:

(a) the training required by Table 11 of the Appendix is provided by competent persons; and

(b) a written record of all training delivered to workers pursuant to this section and Table 11 of the Appendix is kept readily available.

(4) This section does not apply to persons directly engaged in a farming or ranching operation.

PART 12

Scaffolds, Aerial Devices, Elevating Work Platforms and Temporary Supporting Structures

General requirements
Section 12-5 General requirements

12‑5(1). An employer or contractor shall ensure that:

(a) every light‑duty scaffold is designed and constructed to support:

(i) a minimum working load of 3.63 kilonewtons per lineal metre of platform width applied vertically and uniformly across an independent platform section along an imaginary line drawn perpendicular to the platform edge anywhere along the length of the section; and

(ii) a minimum uniformly distributed working load of 1.20 kilonewtons per square metre, acting simultaneously with the concentrated load specified in subclause (i); and

(b) every heavy‑duty scaffold is designed and constructed to support:

(i) a minimum working load of 3.88 kilonewtons per lineal metre of platform width applied vertically and uniformly across an independent platform section along an imaginary line drawn perpendicular to the platform edge anywhere along the length of the section; and

(ii) a minimum uniformly distributed working load of 3.60 kilonewtons per square metre, acting simultaneously with the concentrated load specified in subclause (i).

(2) An employer or contractor shall ensure that every scaffold is:

(a) designed, constructed, erected, used and maintained so as to perform safely any task that the scaffold is required to perform;

(b) designed, constructed and erected to support or resist:

(i) in the case of a wooden scaffold, at least 4 times the load that may be imposed on the scaffold;

(ii) in the case of a metal scaffold, at least 2.2 times the load that may be imposed on the scaffold;

(iii) in the case of any components suspending any part of a scaffold supporting workers, at least 10 times the load that may be imposed on those components; and

(iv) 4 times the maximum load or force to which the scaffold is likely to be subjected without overturning; and

(c) erected, maintained and dismantled by a competent worker

(3) An employer or contractor shall ensure that a freestanding scaffold is restrained from overturning by guying or other suitable means.

(4) An employer or contractor shall ensure that a scaffold that is built from the ground or other surface:

(a) is supported by a foundation that is of sufficient area, stability and strength to ensure the stability of the scaffold;

(b) is set level on a stable sill that is at least 38 x 240 millimetres and continuous under at least 2 consecutive supports;

(c) has a base plate installed in any upright that could penetrate the sill;

(d) is supported against lateral movement by adequate, secure bracing;

(e) is anchored:

(i) vertically at not less than 4‑metre intervals and horizontally at not less than 6‑metre intervals;

(ii) if designed by a professional engineer, at intervals recommended by a professional engineer; or

(iii) if commercially manufactured, at intervals recommended by the manufacturer;

(f) is provided with internal stairways or ladders if the scaffold is 9 metres or more in height; and

(g) is checked to ensure that the scaffold is plumb and level after each tier is added.

(5) If a scaffold is partially or fully enclosed, an employer or contractor shall ensure that all scaffold components and tie‑ins are adequate to support the added load that may be placed on the scaffold as a result of wind or other adverse weather conditions.

(6) An employer or contractor shall ensure that all workers who are required to work on a scaffold are provided with the following information:

(a) the maximum working load of the scaffold;

(b) any other information, restriction or condition that is necessary to ensure the safe use of the scaffold.

(7) If a scaffold is more than 6 metres high, an employer or contractor shall install a gin wheel and hoist arm or other suitable lifting device to hoist materials from the ground.

Use of suspended powered scaffolds
Section 12-19 Use of suspended powered scaffolds

12‑19(1). An employer or contractor shall:

(a) develop work practices and procedures for the safe use of any suspended powered scaffold;

(b) train the workers in the procedures required pursuant to clause (a); and

(c) ensure that every worker complies with the procedures required pursuant to clause (a).

(2) An employer or contractor shall ensure that a suspended powered scaffold is operated by a competent worker.

(3) An employer or contractor shall ensure that all parts of a suspended powered scaffold are inspected before use and daily when in use.

(4) An employer or contractor shall ensure that a worker who works on a suspended powered scaffold is provided with and uses a full‑body harness, connecting linkage, personal fall arrest system and lifeline that meet the requirements of Part 7.

Aerial devices and elevating work platforms
Section 12-25 Aerial devices and elevating work platforms

12‑25(1). An employer or contractor shall ensure that:

(a) an aerial device, elevating work platform or personnel lifting unit is designed, constructed, erected, operated and maintained in accordance with an approved standard; or

(b) a professional engineer has certified that:

(i) an aerial device, elevating work platform or personnel lifting unit and its elevating system and mountings are safe for the purpose of raising workers and loads; and

(ii) the components of an aerial device, elevating work platform or personnel lifting unit and its elevating system and mountings are designed in accordance with an approved standard.

(2) An employer or contractor shall not require or permit a worker to be raised or lowered by any aerial device or elevating work platform or to work from a device or platform held in an elevated position unless:

(a) there is an adequate and suitable means of communication between the worker operating the controls and the worker raised on the platform, if they are not the same person;

(b) the elevating mechanism is designed so that, if any failure of the mechanism occurs, the platform will descend in a controlled manner so that no worker on the platform will be endangered;

(c) the controls are designed so that the platform will be moved only when direct pressure is applied to the controls;

(d) the drive mechanism of any operation for moving the platform is positive and does not rely on gravity;

(e) road traffic conditions, environmental conditions, overhead wires, cables and other obstructions do not create a danger to the worker;

(f) the brakes of the aerial device or elevating work platform are engaged, except when operated in accordance with manufacturer’s recommendations;

(g) if the aerial device or elevating work platform is equipped with outriggers, the outriggers are set;

(h) pursuant to clause

(i), the worker is provided with and is required to use a personal fall arrest system that meets the requirements of Part 7; and (i) the aerial device or elevating work platform is equipped with a lanyard attachment point that is:

(i) designed and constructed to an approved standard; or

(ii) certified as safe by a professional engineer and installed and used in accordance with that design.

(3) Notwithstanding any other provision in this section but subject to section 30‑16, an employer or contractor shall not require or permit a worker working on an exposed energized high voltage electrical conductor to work from an aerial device or elevating work platform unless the controls are operated by the worker on the device or platform.

(4) If a worker leaves an aerial device or elevating work platform parked or unattended, an employer or contractor shall ensure that the device or platform:

(a) is locked or rendered inoperative; or

(b) is fully lowered and retracted with all hydraulic systems in the neutral position or incapable of operating by moving the controls.

(5) An employer or contractor shall ensure that:

(a) a worker who operates an aerial device or elevating work platform is trained to operate the device or platform safely; and

(b) the training includes the manufacturer’s instructions and recommendations, the load limitations, the proper use of all controls and any limitations on the surfaces on which the device or platform is designed to be used.

(6) An employer or contractor shall ensure that, while a worker is on a work platform mounted on a forklift and the forklift is in the raised position, the operator:

(a) remains at the controls; and

(b) does not drive the forklift.

(7) An employer or contractor shall ensure that the manufacturer’s operating manual for the aerial device or elevating work platform is kept with the device or platform at all times.

Erection of skeleton structure
Section 12-31 Erection of skeleton structure

12‑31(1). If structural members of a skeleton structure or concrete sections of a structure are to be erected, an employer or contractor shall ensure that the design includes safe procedures for erecting the members or sections.

(2) An employer or contractor shall ensure that:

(a) the design and safe procedures for erecting the members or sections required by subsection (1) are certified as safe by a professional engineer; and

(b) all the necessary drawings and instructions to erect the structure safely are kept at the worksite.

(3) An employer or contractor shall ensure that the workers are instructed in and follow the safe procedures required by subsection (1).

(4) If the procedures mentioned in subsection (1) have to be modified, an employer or contractor shall ensure that:

(a) the modified procedures are certified by a professional engineer; and

(b) the drawings showing the modified procedures are available at the worksite.

(5) An employer or contractor shall ensure that a competent supervisor is present on the worksite while the erection of a skeleton structure is in progress until the structure has been permanently stabilized.

PART 13

Hoists, Cranes and Lifting Devices

Designated operator
Section 13-6 Designated operator

13‑6(1). In this section:

"competent operator" means a worker who has successfully completed a training program that includes all of the elements set out in Table 13 of the Appendix for the crane that the worker will be required or permitted to operate or is completing the practical training required by Part II of Table 13 under the direct supervision of a competent operator or a qualified operator;

"qualified operator" means:

(a) the holder of a journeyman’s certificate in the crane and hoist operator trade issued pursuant to The Apprenticeship and Trade Certification Act, 1999;

(b) the holder of a proficiency certificate in a subtrade of the crane and hoist operator trade issued pursuant to The Apprenticeship and Trade Certification Act, 1999;

(c) an apprentice in the crane and hoist operator trade who is working under the direction of a person described in clause (a) or (b); or

(d) any other worker who:

(i) has received training, and has experience, in the safe operation of a crane that, in the opinion of the director, is equivalent to or superior to the training and experience of a person mentioned in clause (a), (b) or (c); or

(ii) is a member of a category of workers whose training and experience in the safe operation of a crane, in the opinion of the director, is equivalent to or superior to the training and experience of a person mentioned in clause (a), (b) or (c).

(2) Subject to subsections (3), (4) and (5), an employer or contractor shall:

(a) designate a worker to operate a hoist, crane or lifting device;

(b) ensure that the designated operator is trained in the operation of that hoist, crane or lifting device; and

(c) ensure that no worker operates a hoist, crane or lifting device other than a designated operator.

(3) Subject to subsection (4) an employer or contractor shall ensure that the designated operator is a qualified operator if the crane to be operated is:

(a) a tower crane;

(b) an overhead travelling crane that has a load rating equal to or greater than 50 tonnes;

(c) a crane that is used to raise or lower a worker on a personnel‑lifting unit suspended from a hoist line; or

(d) a mobile crane that has a load rating greater than 5 tonnes.

(4) Subsection (3) does not apply to a crane that is:

(a) mounted on a vehicle and used exclusively to load or unload that vehicle; or

(b) owned by an employer, operated by a worker in the service of that employer and used solely at that employer’s place of employment to perform work exclusively for that employer.

(5) In any circumstances other than those described in subsection (3), an employer or contractor shall ensure that:

(a) for any crane with a load rating greater than or equal to 5 tonnes, the designated operator is a competent operator; and

(b) for any mobile or overhead travelling crane with a load rating less than 5 tonnes, the designated operator is a competent worker.

(6) No worker shall operate a hoist, crane or lifting device unless the worker is a designated operator and has been trained in the operation of that hoist, crane or lifting device.

(7) No worker shall operate a crane unless the worker:

(a) has written proof of training in the operation of any crane that the worker will be required or permitted to operate; and

(b) has that written proof of training readily accessible at all times while the worker is operating the crane.

Operating procedures
Section 13-7 Operating procedures

13‑7(1). Subject to subsection (2), an employer or contractor shall ensure that:

(a) a copy of the manufacturer’s operating manual for a hoist or crane is readily accessible to the operator; and

(b) an operator of a hoist or crane is thoroughly trained in and implements the manufacturer’s recommended operating procedures.

(2) If the manufacturer’s manual for a hoist or crane cannot be obtained, an employer or contractor shall develop an operating manual for the hoist or crane and ensure that:

(a) a copy of the operating manual is readily accessible to the operator; and

(b) an operator of the hoist or crane is thoroughly trained in and implements the operating procedures set out in the operating manual.

Raising and lowering workers
Section 13-9 Raising and lowering workers

13‑9(1). If a crane or hoist will be used to raise or lower workers, the employer or contractor shall:

(a) develop and implement work practices and procedures that will provide for the safe raising and lowering of the workers;

(b) train the workers in those work practices and procedures;

(c) ensure that the hoisting equipment and personnel lifting unit are inspected by a competent person before use and daily when in use; and

(d) ensure that the competent person records the details of the inspection in the log book.

(2) An employer or contractor shall not require or permit the operator of a crane or hoist to use the crane or hoist to raise or lower workers unless:

(a) the personnel lifting unit meets the requirements of subsection 12‑25(1);

(b) the suspension members of the personnel lifting unit are securely attached to the crane, hoist line or hook by a shackle, weldless link, ring or other secure rigging attachment;

(c) there is a secondary safety device that attaches the suspension members of the personnel lifting unit to the crane or hoist rigging above the point of attachment mentioned in clause (b);

(d) the load line hoist drum has a system or device on the power train, other than the load hoist brake, that regulates the lowering rate of speed of the hoist drum mechanism; and

(e) workers in the personnel lifting unit use a full‑body harness attached to the personnel lifting unit.

(3) An operator of a crane or hoist shall not use the crane or hoist to raise or lower workers unless:

(a) the personnel lifting unit meets the requirements of section 12‑25;

(b) the suspension members of the personnel lifting unit are securely attached to the crane, hoist line or hook by a shackle, weldless link, ring or other secure rigging attachment;

(c) there is a secondary safety device that attaches the suspension members of the personnel lifting unit to the crane or hoist rigging above the point of attachment mentioned in clause (b);

(d) the load line hoist drum has a system or device on the power train, other than the load hoist brake, that regulates the lowering rate of speed of the hoist drum mechanism; and

(e) workers in the personnel lifting unit use fall‑arrest protection attached to the personnel lifting unit.

Determining weight of load
Section 13-10 Determining weight of load

13‑10(1). An employer or contractor shall provide the operator of a hoist, crane or lifting device with all the information necessary to enable the operator to determine readily and accurately the weight of any load that the operator is required or permitted to raise.

(2) An employer or contractor shall provide a permanent load gauge for a mobile crane that may be used for load ratings of 9 tonnes or greater at the minimum operating radius.

(3) A permanent load gauge required by subsection (2) must measure the weight of any load being hoisted and instantaneously indicate that weight to the operator.

(4) Subsection (2) does not apply to cranes that:

(a) use a device suspended by a wire rope to demolish a structure;

(b) use a magnet to raise or lower a load; or

(c) use a clam‑style load carrier to move material.

(5) An employer or contractor shall not require or permit a worker to use a crane mentioned in subsection (2) unless the crane is equipped with a permanent load gauge that will measure the weight of any load being hoisted and instantaneously indicate that weight to the operator.

(6) An employer or contractor shall ensure that:

(a) a worker who is required or permitted to use a crane equipped with a permanent load gauge is trained in the safe use and limitations of the permanent load gauge; and (b) the permanent load gauge is regularly inspected, maintained and calibrated in accordance with the manufacturer’s instructions.

Overload switches
Section 13-11 Overload switches

13‑11(1). An employer, contractor or supplier shall ensure that a tower crane is equipped with:

(a) both:

(i) an overload limit switch that causes the hoist drum to stop when the load being hoisted exceeds the maximum rated load for any radius or boom angle or when the overturning moment exceeds the rated load moment; and

(ii) a moment overload switch that automatically restricts the radius within which the load can travel; or

(b) a permanent load gauge.

(2) An employer or contractor shall not require or permit a worker to use a tower crane unless:

(a) the crane is equipped with the overload limit switch and moment overload switch required by clause (1) (a) or the permanent load gauge required by clause (1) (b);

(b) the worker is trained in the safe use and limitations of the overload limit switch and the moment overload switch or the permanent load gauge; and

(c) the overload limit switch and moment overload switch or the permanent load gauge are regularly inspected, maintained and calibrated in accordance with the manufacturer’s instructions.

PART 14

Rigging

General requirements
Section 14-2 General requirements

14‑2. An employer or contractor shall ensure that:

(a) all rigging is assembled, used, maintained and dismantled under the supervision of a competent worker and in accordance with the manufacturer’s specifications and instructions; and

(b) any worker who is required or permitted to assemble, use, maintain or dismantle rigging is trained in safe rigging practices.

PART 15

Robotics

Safe work practices and procedures
Section 15-3 Safe work practices and procedures

15‑3(1). An employer, in consultation with the committee, the representative or, if there is no committee or representative, the workers, shall:

(a) assess the potential hazards to a worker who is required or permitted to install, operate, teach or maintain a robot or robot system at the place of employment; and

(b) develop written safe work practices and procedures for the installation, operation, teaching and maintenance of robots and robot systems.

(2) An employer shall ensure that the workers are trained in and implement the safe work practices and procedures developed pursuant to clause (1) (b).

PART 16

Entrances, Exits and Ladders

Portable ladders
Section 16-6 Portable ladders

16‑6(1). In this section and section 16‑7, "portable ladder" means any ladder that is not fixed in place, and includes a stepladder.

(2) An employer or contractor shall ensure that:

(a) a portable ladder is equipped with non‑slip feet;

(b) a portable ladder is secured against accidental movement during use;

(c) a metal or wire‑bound portable ladder is not used where the ladder or a worker handling or using the ladder may come into contact with an exposed energized electrical conductor; and

(d) a portable ladder extends at least 1 metre above any platform, roof or other landing to which the ladder is used as a means of access.

(3) An employer or contractor shall ensure that each worker who handles or uses a portable ladder is instructed in the requirements of this section.

(4) An employer or contractor shall ensure that a stepladder:

(a) is not more than 6 metres high when set for use;

(b) has legs that are securely held in position by means of metal braces or an equivalent rigid support; and

(c) when in use, has a front section slope at an angle of 1 horizontal to 6 vertical.

(5) An employer or contractor shall ensure that:

(a) an extension ladder is equipped with locks that securely hold the sections of the ladder in the extended position;

(b) if a section of an extension ladder is extended, the section that is extended overlaps another section for at least 1 metre;

(c) an extension ladder consisting of 2 sections does not exceed 14.6 metres in length; and

(d) an extension ladder consisting of more than 2 sections does not exceed 20 metres in length.

(6) An employer or contractor shall ensure that no single portable ladder and no section of an extension ladder exceeds 9 metres in length.

PART 17

Excavations, Trenches, Tunnels and Excavated Shafts

Protection against cave-in of trenches
Section 17-7 Protection against cave‑in of trenches

17‑7(1) If a worker is present in a trench that is more than 1.2 metres deep, an employer or contractor shall ensure that the worker is protected from cave‑ins or sliding material by:

(a) cutting back the upper portion of the walls of the trench in accordance with subsection 17‑4(2);

(b) installing a temporary protective structure; or

(c) a combination of cutting back the walls to the slope specified in subsection 17‑4(2) and installing a temporary protective structure that extends at least 300 millimetres above the base of the cut‑back.

(2) An employer or contractor shall ensure that a temporary protective structure required by clause (1) (b) or (c) is:

(a) designed and installed using shoring made of number 1 structural grade spruce lumber having the dimensions set out in Table 14 of the Appendix for the type of soil and the depth of the trench or made of material of equivalent or greater strength; or

(b) designed by a professional engineer and constructed, installed, used, maintained and dismantled in accordance with that design.

(3) An employer or contractor shall ensure that a temporary protective structure in a trench more than 6 metres deep in type 1, type 2 or type 3 soil or in a trench more than 4 metres deep in type 4 soil is designed and certified as safe by a professional engineer and installed, used, maintained and dismantled in accordance with that design.

(4) An employer or contractor shall ensure that:

(a) shoring is installed and removed in a manner that protects workers from cave‑ins and structural collapses and from being struck by shoring components;

(b) shoring components are securely connected together to prevent sliding, falling, kickouts or other possible failure; and

(c) individual components of shoring are not subjected to loads that exceed the loads the components were designed to bear.

(5) If a worker is in a trench that is more than 1.2 metres deep, an employer or contractor shall ensure that a competent worker is stationed on the surface to alert the worker in the trench about the development of any potentially unsafe conditions and to provide assistance in an emergency.

(6) If a worker is required to enter a trench, an employer or contractor shall:

(a) install ladders, stairways or ramps to provide a safe means of entrance to and exit from the trench; and

(b) ensure that the ladder, stairway or ramp is located not more than 8 metres from a worker working in the trench.

(7) An employer or contractor shall ensure that workers are instructed in and comply with the requirements of this section.

PART 18

Confined Space Entry

Requirements before hazardous confined space is entered
Section 18-5 Requirements before hazardous confined space is entered

18‑5(1). Before a worker is required or permitted to enter a confined space, an employer shall appoint a competent person:

(a) to assess the hazards;

(b) if a hazardous atmosphere has been identified, to test the atmosphere of the confined space for:

(i) oxygen enrichment or deficiency;

(ii) the presence of flammable or explosive substances; and

(iii) the presence and hazardous concentration of airborne chemical substances; and

(c) to determine whether:

(i) work activities or processes will result in the release of toxic, flammable or explosive concentrations of any substances during the worker’s occupation of the confined space;

(ii) measures have been taken to ensure that a worker will not drown or become entrapped in any liquid or free‑flowing solid present in the confined space;

(iii) the entry of any liquid, free‑flowing solid or hazardous substance into the confined space in a quantity that could endanger the health or safety of the worker has been prevented;

(iv) all energy sources that present a hazard to a worker entering into, exiting from or occupying the confined space have been locked out, with the energy sources being put in a zero energy state;

(v) any hazards from biological substances are present in the confined space; and

(vi) the opening for entry into and exit from the confined space is sufficient to allow safe passage of a worker who is using personal protective equipment required by these regulations.

(2) When testing the atmosphere of a confined space pursuant to clause (1) (b), a competent person shall use appropriate and properly calibrated instruments that have been tested to ensure that the instruments are capable of operating safely and effectively.

(3) A competent person who carries out the activities described in clauses (1) (a) to (c) shall prepare a report in writing that sets out:

(a) the results of the assessment, tests and determinations;

(b) recommended special precautions and procedures to reduce the risk to a worker that are to be followed by a worker entering into, exiting from or occupying the confined space; and

(c) recommended personal protective equipment to be used by a worker entering the confined space.

Entry plan
Section 18-7 Entry plan

18‑7(1). If a worker will be required or permitted to enter a hazardous confined space, an employer, in consultation with the committee, shall develop a hazardous confined space entry plan to ensure the health and safety of workers who enter or work in the hazardous confined space.

(2) A hazardous confined space entry plan must be in writing and must include:

(a) the tests or measurements necessary to monitor any oxygen deficiency or enrichment or the presence and hazardous concentration of flammable or explosive substances;

(b) the identification of any other hazards that may be present in the hazardous confined space and may put the health or safety of workers at risk;

(c) the means, if any, of isolating the hazardous confined space;

(d) the means, if any, of ventilating the hazardous confined space;

(e) the procedures to enter, work in and exit from the hazardous confined space safely;

(f) the availability, location and proper use of personal protective equipment;

(g) the rescue procedures to be followed, including the number and duties of personnel and the availability, location and proper use of equipment;

(h) the means to maintain effective communication with a worker who has entered the hazardous confined space; and

(i) the availability, location and proper use of any other equipment that a worker may need to work safely in the hazardous confined space.

(3) An employer shall ensure that the following workers are trained in and implement a hazardous confined space entry plan:

(a) a worker who is required or permitted to enter the hazardous confined space;

(b) a worker who attends a worker in the hazardous confined space pursuant to subsection 18‑9(4) or (5);

(c) a worker who may be required or permitted to implement the rescue procedures mentioned in clause (2) (g).

(4) An employer shall make a copy of a hazardous confined space entry plan readily available at the entrance to the hazardous confined space.

Precautions if safe atmosphere not possible
Section 18-9 Precautions if safe atmosphere not possible

18‑9(1). If a hazardous confined space cannot be purged and ventilated to provide a safe atmosphere or a safe atmosphere cannot be maintained pursuant to section 18‑8, an employer shall ensure that no work is carried on in the confined space except in accordance with the requirements of this section and section 25‑11.

(2) An employer shall ensure that a competent person continuously monitors the atmosphere in a hazardous confined space.

(3) An employer shall ensure that a worker is provided with and required to use a respiratory protective device that meets the requirements of Part 7 if:

(a) the airborne concentration for any substance meets or exceeds the permissible contamination limit mentioned in clause 21‑6(1) (a);

(b) oxygen deficiency or enrichment is detected; or

(c) the airborne concentration of any other substance may be harmful to the worker.

(4) An employer shall ensure that a worker in a hazardous confined space is attended by and in communication with another worker who:

(a) has been adequately trained in the rescue procedures mentioned in clause 18‑7(2) (g);

(b) is stationed and remains at the entrance to the confined space unless replaced by another adequately trained worker; and

(c) is equipped with a suitable alarm to summon assistance.

(5) If entrance to a hazardous confined space is from the top:

(a) an employer shall ensure that:

(i) a worker uses a full‑body harness and, if appropriate, is attached to a lifeline;

(ii) if a lifeline is used, the lifeline is attended by another worker who is adequately trained in the rescue procedures mentioned in clause 18‑7(2) (g); and

(iii) if reasonably practicable, a mechanical lifting device is available to assist with a rescue and is located at the entry to the confined space while a worker is in the confined space; or

(b) an employer shall ensure that an alternate method of rescue is developed and implemented if the use of a full‑body harness or lifeline would create an additional hazard.

(6) If any flammable or explosive dusts, gases, vapours or liquids are or may be present in a hazardous confined space, an employer shall ensure that all sources of ignition are eliminated or controlled.

(7) An employer shall ensure that:

(a) equipment necessary to rescue workers is readily available at the entrance to the hazardous confined space and used in accordance with the rescue procedures developed pursuant to clause 18‑7(2) (g);

(b) the holder of a class A qualification in first aid is available to provide immediate first aid; and

(c) personnel who are trained in the rescue procedures developed pursuant to clause 18‑7(2) (g) and who are fully informed of the hazards in the confined space are readily available to assist in a rescue procedure.

PART 19

Work in Compressed Air

Workers in working chamber
Section 19-4 Workers in working chamber

19‑4(1). If workers are employed in a working chamber, an employer or contractor shall ensure that:

(a) emergency procedures, including decompression procedures, have been developed that are adequate to prevent worker ill health;

(b) the workers are fully trained in the emergency procedures required by clause (a);

(c) the workers are regularly monitored by a physician; and

(d) a competent supervisor is appointed and given the authority and resources necessary to protect the health and safety of workers in the working chamber.

(2) A worker who is monitored by a physician pursuant to clause (1) (c) shall comply with any requirement that the physician considers necessary to prevent or treat ill health caused by working in compressed air.

(3) An employer or contractor shall ensure that the emergency procedures required by clause (1) (a) are implemented in an emergency.

PART 20

Diving Operations

Competent workers
Section 20-2 Competent workers

20‑2. An employer shall ensure that only competent workers are required or permitted to perform underwater diving operations.

Medical examination
Section 20-4 Medical examination

20‑4(1). A diver must have a comprehensive medical examination conducted by a physician at least once every 12 months in accordance with the criteria set forth in Appendices A and B of Canadian Standards Association standard CAN/CSA‑Z275.2‑92 Occupational Safety Code for Diving Operations.

(2) No diver shall dive unless the diver has been certified by the physician mentioned in subsection (1) to be free of any medical condition that would make unsafe the performance of the type of dive to be carried out.

(3) A diver shall:

(a) provide the employer with a copy of the certificate mentioned in subsection (2); and

(b) place the original certificate in the diver’s personal log kept pursuant to section 20‑15.

(4) An employer shall:

(a) ensure that no diver is required or permitted to dive unless the diver provides the employer with a copy of the certificate mentioned in subsection (2) that has been obtained within the preceding 12 months;

(b) retain the copy of the certificate mentioned in clause (a) while the diver is employed by the employer; and

(c) ensure that every diver employed by the employer is competent in the use of any diving apparatus that the diver will be required to use in a diving operation.

Diving supervisor
Section 20-5 Diving supervisor

20‑5. An employer shall:

(a) ensure that a diving operation is conducted under the direction of a diving supervisor; and

(b) give to the diving supervisor all the information and resources necessary to protect the health and safety of every diver under the supervisor’s direction.

Diving plan
Section 20-13 Diving plan

20‑13(1). A diving supervisor shall submit a general diving plan in writing to the employer before beginning a diving operation.

(2) A diving supervisor shall:

(a) plan the dive to ensure the health and safety of the diver;

(b) instruct the surface crew on the procedures necessary to ensure the health and safety of the diver;

(c) ensure that all necessary equipment is available and is in good operating condition;

(d) ensure that the quantity of breathing gas supplied to a diver is sufficient for the dive that is planned;

(e) develop and implement a contingency plan for any emergency situation that may endanger the diver;

(f) keep a log showing each diver’s activities on each day and make entries respecting each dive on the day on which the dive is performed;

(g) remain in the immediate area of the dive site at all times while a diving operation is in progress;

(h) ensure that each diver enters in the diver’s personal log the information required by clause 20‑15(2) (a) for each dive performed by the diver; and

(i) verify the accuracy of the information recorded in each diver’s personal log pursuant to clause 20‑15(2) (a) and sign the entry to acknowledge the supervisor’s verification.

(3) Nothing in this section limits the responsibilities of an employer pursuant to this Part

PART 21

Chemical and Biological Substances

General duties of employers
Section 21-1 General duties of employers

21‑1(1) An employer shall, at a place of employment:

(a) monitor the use or presence of, or a worker’s exposure to, any chemical substance or any biological substance that may be hazardous or harmful to the health or safety of a worker;

(b) if reasonably practicable, substitute a less hazardous or harmful chemical substance or biological substance for a hazardous or harmful chemical substance or biological substance;

(c) subject to subsection 21‑6(1), to the extent that is reasonably practicable, reduce any contamination of the place of employment by a chemical substance or biological substance; and

(d) develop and implement work procedures and processes that are as safe as is reasonably practicable for the handling, use, storage, production and disposal of chemical substances and biological substances.

(2) An employer shall take all practicable steps to prevent exposure of a worker, to an extent that is likely to be harmful to the worker, to:

(a) a chemical substance or biological substance that may be hazardous; or

(b) a chemical substance or biological substance in combination or association with any other substance present that may be hazardous.

(3) An employer shall:

(a) inform the workers of the nature and degree of the effects to their health or safety of any chemical substance or biological substance to which the workers are exposed in the course of their work; and

(b) provide the workers with adequate training with respect to:

(i) work procedures and processes developed pursuant to clause (1) (d); and (ii) the proper use of any personal protective equipment required by these regulations.

(4) An employer shall make available to the committee, the representative or, if there is no committee or representative, the workers:

(a) the results of any measurements of worker exposure to, and contamination of a place of employment by, a chemical substance or biological substance; and

(b) any steps taken to reduce the contamination of a place of employment by, and eliminate or reduce exposure of the workers to, a chemical substance or biological substance.

Precautions for certain substances
Section 21-3 Precautions for certain substances

21‑3(1). If a chemical substance or biological substance listed pursuant to subsection 21‑2(1) is not a hazardous product or is a hazardous product that is exempted from the application of Part 22, an employer shall take all reasonable steps to:

(a) ascertain and record the hazards that may arise from the handling, use, storage, production or disposal of the substance at the place of employment;

(b) ascertain and record the precautions that need to be taken with respect to the substance to ensure the health and safety of workers; and

(c) clearly mark the container holding the substance with the name of the substance as set out in the list.

(2) An employer, in consultation with the committee, shall develop a program to instruct workers about the hazards of the substances to which subsection (1) applies and train workers in the precautions to be taken with respect to those substances.

(3) An employer shall implement a program developed pursuant to subsection (2).

Accumulations, spills and leaks
Section 21-9 Accumulations, spills and leaks

21‑9. If there is a possibility of an accumulation, spill or leak of a chemical substance or biological substance that may be hazardous to the health or safety of a worker at a place of employment, an employer:

(a) in consultation with the committee, shall develop written emergency procedures to be implemented in the event of an accumulation, spill or leak;

(b) shall make readily available for reference by workers a copy of the emergency procedures developed pursuant to clause (a);

(c) shall ensure that each worker is trained in and implements any of the emergency procedures developed pursuant to clause (a) that:

(i) require the involvement of the worker; or

(ii) are necessary to protect the health or safety of the worker;

(d) shall ensure that competent persons, equipment, supplies and personal protective equipment are available for the prompt, safe and effective containment, neutralizing and decontamination of any accumulation, spill or leak; and

(e) shall ensure that the emergency procedures developed pursuant to clause (a) are implemented in the event of an accumulation, spill or leak.

PART 22

Workplace Hazardous Materials Information System

Definitions for Part
Section 22-1 Definitions for Part

22‑1. In this Part:

"bulk shipment" means a shipment of a hazardous product that is 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; or

(d) a pipeline;

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

"education" means the delivery of general information to workers;

"employer safety data sheet" means a safety data sheet prepared by an employer that contains the information required by Part 4 of the Hazardous Products Regulations;

"fugitive emission" means a gas, liquid, solid, vapour, fume, mist, fog or dust that escapes from:

(a) process equipment;

(b) emission control equipment; or

(c) a product that workers may be exposed to;

"hazard class" means a hazard class mentioned in Schedule 2 of the Hazardous Products Act;

"hazard information" means information on the proper and safe use, storage, handling and disposal of a hazardous product, and includes information relating to the product’s health and physical hazards;

"hazard statement" means a phrase assigned to a category or subcategory of a hazard class or, in the case of column 5 of Parts 4 to 6 of Schedule 5 of the Hazardous Products Regulations, the required statement that describes the nature of the hazard presented by a hazardous product;

"Hazardous Materials Information Review Act" means the Hazardous Materials Information Review Act (Canada);

"Hazardous Materials Information Review Regulations" means the Hazardous Materials Information Review Regulations (Canada), SOR/88‑456;

"Hazardous Products Act" means the Hazardous Products Act (Canada);

"Hazardous Products Regulations" means the Hazardous Products Regulations (Canada), SOR/2015‑17;

"hazardous waste" means a hazardous product that is:

(a) intended for disposal; or

(b) acquired or generated for recycling or recovery;

"health professionals" means:

(a) physicians who are licensed to practise medicine pursuant to the laws of Saskatchewan and who are practising medicine pursuant to the laws of Saskatchewan; and

(b) nurses who are registered or licensed pursuant to the laws of Saskatchewan;

"initial supplier identifier" means, with respect to a hazardous product, the name, address and telephone number of:

(a) the manufacturer; or

(b) the importer of the hazardous product who operates in Canada;

"laboratory sample" means a sample of a hazardous product that is packaged in a container that contains less than 10 kilograms of the hazardous product and that 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 manufacturing, the intended use of which when in that form is dependent in whole or in part on its shape or design, and that under normal conditions of use, will not release or otherwise cause a person to be exposed to a hazardous product;

"process equipment" means the equipment used in the process of creating a hazardous product;

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

"readily available" means present in an appropriate place, accessible to a worker at all times, and in the form of:

(a) a physical copy; or

(b) an electronic copy;

"research and development" means a scientific analysis or experiment to find information that is other than or in addition to that supplied in a Disclosure of Source of Toxicological Data;

"signal word" means, with respect to a hazardous product, the word "danger" or "warning" that is used to alert the reader to a potential hazard and to indicate its severity;

"significant new data" means new data regarding the hazard presented by a hazardous product that:

(a) changes the product’s classification in a category or subcategory of a hazard class;

(b) changes the product’s hazard class; or

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

"supplier" means a supplier as defined in the Hazardous Products Act;

"supplier label" means a label provided by a supplier that contains the information elements required by Part 3 of the Hazardous Products Regulations;

"supplier safety data sheet" means a safety data sheet provided by a supplier that contains the information required by Part 4 of the Hazardous Products Regulations ;

"training" means the delivery of worksite and job‑specific information to workers;

"workplace label" means a legible label that discloses:

(a) a product identifier that is identical to that found on the safety data sheet of the corresponding hazardous product;

(b) all necessary information for the safe handling of the hazardous product, including signal words and hazard statements; and

(c) whether a safety data sheet is readily available.

Restriction on use of hazardous products
Section 22-3 Restriction on use of hazardous products

22‑3(1). Subject to subsection (2), an employer shall ensure that a hazardous product is not used, stored or handled in a place of employment unless all the applicable requirements in these regulations with respect to labels, identifiers, safety data sheets and worker education and training are complied with.

(2) An employer may store a hazardous product in a place of employment while actively seeking information required pursuant to these regulations.

Worker education and training
Section 22-4 Worker education and training

22‑4(1) An employer shall ensure that a worker who works with a hazardous product or may be exposed to a hazardous product in the course of the worker’s work activities is informed about:

(a) all hazard information received by the employer from a supplier concerning that hazardous product; and

(b) any further hazard information that the employer is, or ought reasonably to be, aware of concerning the use, storage, handling and disposal of that hazardous product.

(2) If a hazardous product is produced in a place of employment, an employer shall ensure that a worker who works with a hazardous product or may be exposed to a hazardous product in the course of the worker’s work activities is informed about all hazard information that the employer is, or ought reasonably to be, aware of concerning the use, storage, handling and disposal of that hazardous product.

(3) An employer shall ensure that a worker who works with a hazardous product or may be exposed to a hazardous product in the course of the worker’s work activities is educated and trained respecting:

(a) the content that is required to appear on a supplier label and workplace label for the hazardous product and the purpose and significance of the information contained on those labels;

(b) the content that is required to appear on a safety data sheet for a hazardous product and the purpose and significance of the information contained on the safety data sheet;

(c) all necessary procedures for the safe use, storage, handling and disposal of the hazardous product;

(d) all necessary procedures to be followed if fugitive emissions are present where workers may be exposed to those fugitive emissions; and

(e) all necessary procedures to be followed in case of an emergency involving a hazardous product.

(4) An employer shall ensure that the education and training required by subsection (3) is developed and implemented:

(a) for that employer’s place of employment; and

(b) in consultation with the committee, if there is an occupational health committee.

(5) An employer shall ensure that:

(a) the education and training required by subsection (3) results in a worker being able to apply the information as needed to protect the health and safety of that worker or any other worker;

(b) the necessary procedures mentioned in clauses (3) (c) to (e) are implemented; and

(c) the knowledge of the workers is periodically evaluated using written tests, practical demonstrations or other suitable means.

(6) An employer shall review at least annually, or more frequently if required by a change in work conditions or available hazard information, the education and training programs provided to workers on the safe use, storage, handling and disposal of hazardous products, in consultation with:

(a) the committee;

(b) the occupational health and safety representative; or

(c) if there is no committee or occupational health and safety representative, a worker representative.

PART 23

Asbestos

Identification of asbestos-containing materials
Section 23-5 Identification of asbestos‑containing materials

23‑5(1). Subject to subsection (3), an employer, contractor or owner shall identify and keep a written record of the following materials that the employer, contractor or owner knows or may reasonably be expected to know are present in a place of employment and with which workers may come into contact:

(a) asbestos‑containing material;

(b) subject to subsection (2), any material likely to contain asbestos.

(2) Any material likely to contain asbestos is deemed to be asbestos‑containing material for the purposes of this Part until the material is determined to be asbestos‑free.

(3) An employer, contractor or owner shall immediately identify the presence in a place of employment of all material that is likely to contain asbestos, is damaged or in poor repair and is likely to release asbestos dust into the atmosphere at the place of employment.

(4) An employer, contractor or owner shall ensure that the identification and assessment of asbestos‑containing materials pursuant to subsection (1) or the determination of asbestos‑free materials pursuant to subsection (2) is performed only by a competent person.

(5) An employer, contractor or owner shall ensure that the written record mentioned in subsection (1) includes the following information for each asbestos‑containing material or each type of asbestos‑containing material:

(a) its location;

(b) its characteristics;

(c) its accessibility.

(6) An employer, contractor or owner shall ensure that the written record mentioned in subsection (1) is updated each time asbestos‑containing material is added to or removed from the place of employment.

(7) An employer, contractor or owner shall make a copy of the written record mentioned in subsections (1), (3), (5) and (6) readily available for reference by:

(a) the committee;

(b) the representative; and

(c) the workers.

Labelling, placarding, etc.
Section 23-6 Labelling, placarding, etc.

23‑6(1). If workers have access to asbestos‑containing materials identified pursuant to subsection 23‑5(1), an employer, contractor or owner shall ensure that:

(a) the asbestos‑containing materials are clearly and conspicuously labelled as asbestos;

(b) the presence and location of the asbestos‑containing materials are clearly indicated on a placard that is posted in a conspicuous location as close as possible to the asbestos‑containing materials; or

(c) the presence and location of the asbestos‑containing materials are clearly indicated on a map or plan that is readily available to the workers.

(2) An employer, contractor or owner shall ensure that a label, placard, map or plan required by subsection (1) contains a warning of the danger to health from taking asbestos fibres into the body.

(3) An employer, contractor or owner shall provide to all employers, contractors and self‑employed persons at the place of employment who may be at risk from any asbestos process all relevant information from the record kept pursuant to subsection 23‑5(1) and any material mentioned in subsection 23‑5(2) that is likely to be disturbed and may release asbestos dust.

Asbestos processes
Section 23-8 Asbestos processes

23‑8(1) An employer or contractor shall:

(a) ensure that every asbestos process is carried out in a manner that prevents, to the extent that is practicable, the release into the air of asbestos dust;

(b) in consultation with the committee, develop an asbestos control plan that protects the health and safety of all workers in the event of the dispersal of asbestos dust into the atmosphere at a place of employment or worksite; and

(c) implement the asbestos control plan developed pursuant to clause (b).

(2) A plan developed pursuant to subsection (1) must be in writing and must include:

(a) the emergency procedures to be used in case of an uncontrolled release of asbestos, including:

(i) the means to protect exposed workers;

(ii) the methods to confine and control the release of asbestos; and

(iii) the decontamination procedures to be used;

(b) the asbestos processes that workers may undertake;

(c) the training of workers in any asbestos process the workers may be required or permitted to undertake;

(d) the methods to control the release of asbestos dust;

(e) the personal protective equipment that workers may be required to use;

(f) the decontamination procedures for:

(i) the worksite; and

(ii) the workers who undertake any asbestos process; and

(g) the inspection and maintenance schedule for all asbestos‑containing materials.

(3) An employer or contractor shall make a copy of the plan developed pursuant to subsection (1) readily available for reference by workers.

(4) If an asbestos process is undertaken, an employer, contractor or owner shall ensure that:

(a) the area is effectively isolated or otherwise enclosed to prevent the escape of asbestos dust to any other part of the place of employment;

(b) a warning notice is conspicuously displayed indicating that asbestos work is in progress;

(c) all asbestos‑containing materials removed are placed in appropriate receptacles that are impervious to asbestos and that are clearly labelled "Asbestos"; and

(d) the receptacles mentioned in clause (c) are handled and transported in a manner that will protect them from physical damage.

Ventilation equipment
Section 23-10 Ventilation equipment

23‑10(1). If exhaust ventilation equipment is used to contain asbestos dust, an employer, contractor or owner shall ensure that the equipment is:

(a) equipped with a HEPA filter;

(b) inspected regularly for defects;

(c) maintained; and (d) certified by a competent person at least once each year as being able to function safely and effectively.

((2) If exhaust ventilation equipment will exhaust into the interior of a place of employment that is occupied by workers, an employer, contractor or owner shall ensure that the equipment is tested in an approved manner by a competent person before beginning an asbestos process to ensure that the equipment is able to function safely and effectively.

Asbestos waste
Section 23-12 Asbestos waste

23‑12(1). Subject to subsection (3), an employer or contractor shall ensure that asbestos waste or dust produced in a place of employment is cleaned away promptly, and at least once each day, by vacuum cleaning equipment equipped with a HEPA filter to prevent the escape of asbestos dust into the air or, if vacuum cleaning is not practicable, by wet methods.

(2) An employer or contractor shall ensure that the vacuum cleaning equipment mentioned in subsection (1):

(a) is inspected regularly for defects;

(b) is maintained; and

(c) is certified by a competent person at least once each year as being able to function safely and effectively.

(3) Subsection (1) does not apply to vacuum cleaning equipment used within an effectively isolated enclosure that is being used to control the release of asbestos dust.

(4) An employer or contractor shall ensure that workers who are employed in the disposal of asbestos wastes are adequately trained in the safe means of handling those wastes and the proper disposal of those wastes in a manner that will not create a hazard to the health or safety of workers at the disposal site.

Warning of health risks
Section 23-13 Warning of health risks

23‑13. An employer shall ensure that workers who are likely to be employed in an asbestos process or are likely to be exposed to asbestos dust are informed of the nature and extent of the risk to their health, including a warning that:

(a) the inhalation of asbestos may cause:

(i) pneumoconiosis;

(ii) lung cancer; or

(iii) mesothelioma; and

(b) the risk of injury to health caused by the inhalation of asbestos is increased by smoking.

Training
Section 23-14 Training

23‑14(1). An employer shall ensure that each worker who may be exposed to asbestos dust resulting from an asbestos process is provided with training in the safe handling of asbestos that is appropriate to the level of risk of the asbestos process as set out in Table 5 of the Appendix.

(2) No worker shall work in an asbestos process unless the worker has completed the training mentioned in subsection (1).

High risk asbestos processes
Section 23-15 High risk asbestos processes

23‑15. If a high risk asbestos process set out in Table 5 of the Appendix has been completed, an employer or contractor shall ensure that no worker is required or permitted to enter the area where the asbestos process was carried out without an approved respiratory protective device mentioned in clause 23‑11(1) (a) until a competent person determines that:

(a) there are no visible signs of debris in that area; and

(b) air monitoring verifies that airborne asbestos fibre concentrations are less than 0.01 fibres per cubic centimetre of air.

PART 24

Silica Processes and Abrasive Blasting

Warning of workers
Section 24-3 Warning of workers

24‑3 An employer shall warn all workers who, in the course of employment, are likely to be engaged in a silica process or are likely to be exposed to silica dust of the dangers to health from the inhalation of dust containing silica.

Silica processes other than abrasive blasting
Section 24-6 Silica processes other than abrasive blasting

24‑6(1). If a silica process other than abrasive blasting is carried on, an employer or contractor shall ensure that the entry of dust into the air where workers may be present is prevented, to the extent that is practicable, by the provision of:

(a) total or partial enclosure of the process;

(b) efficient local exhaust ventilation;

(c) jets or sprays of a suitable wetting agent; or

(d) any other method that provides equivalent protection to the workers.

(2) An employer or contractor shall ensure that any enclosure, apparatus or exhaust‑ventilation equipment provided pursuant to subsection (1) is:

(a) maintained in accordance with subsections 6‑4(2) and (3);

(b) inspected daily when in use; and

(c) certified as safe and effective by a competent person at least once each year.

(3) An employer or contractor shall ensure that no air discharged from a ventilation system provided pursuant to subsection (1) is recirculated in the place of employment unless the air is passed through an effective dust removal system equipped with a device that will provide a warning to workers when the system is not working effectively.

PART 25

Fire and Explosion Hazards

Fire safety plan
Section 25-2 Fire safety plan

25‑2(1). An employer, contractor or owner shall:

(a) take all reasonably practicable steps to prevent the outbreak of fire at a place of employment and to provide effective means to protect workers from any fire that may occur; and

(b) develop and implement a written fire safety plan that provides for the safety of all workers in the event of a fire.

(2) A plan developed pursuant to subsection (1) must include:

(a) the emergency procedures to be used in case of fire, including:

(i) sounding the fire alarm;

(ii) notifying the fire department; and

(iii) evacuating endangered workers, with special provisions for workers with disabilities;

(b) the quantities, locations and storage methods of all flammable substances present at the place of employment;

(c) the designation of persons to carry out the fire safety plan and the duties of the designated persons;

(d) the training of designated persons and workers in their responsibilities for fire safety;

(e) the holding of fire drills; and

(f) the control of fire hazards.

(3) An employer, contractor or owner shall ensure that:

(a) designated persons and workers who have been assigned fire safety duties are adequately trained in, and implement, the fire safety plan;

(b) the fire safety plan is posted in a conspicuous place for reference by workers; and

(c) a fire drill is held at least once during each 12‑month period.

Procedures for flammable substances
Section 25-5 Procedures for flammable substances

25‑5(1). If a flammable substance is or is intended to be handled, used, stored, produced or disposed of at a place of employment, an employer, contractor or owner shall develop written procedures to ensure the health and safety of workers who:

(a) handle, use, store, produce or dispose of a flammable substance that may spontaneously ignite or ignite when in combination with any other substance; or

(b) perform hot work where there is a risk of fire.

(2) An employer, contractor or owner shall ensure that all workers who are required or permitted to perform work mentioned in subsection (1) are trained in, and implement, the procedures developed pursuant to subsection (1).

(3) Workers who perform work mentioned in subsection (1) shall implement the procedures developed pursuant to subsection (1).

Flammable or explosive substance in atmosphere
Section 25-11 Flammable or explosive substance in atmosphere

25‑11(1). If a flammable or explosive substance is present in the atmosphere of a worksite at a level that is more than 20% of the lower explosive limit of that substance, an employer or contractor shall not require or permit a worker to enter or work at the worksite.

(2) Subsection (1) does not apply to:

(a) a firefighter who has been trained pursuant to section 32‑4; or

(b) a competent worker who meets the requirements of subsection (3) and who is acting in an emergency situation at the place of employment.

(3) An employer shall ensure that:

(a) the competent worker mentioned in clause (2) (b) is trained, equipped and works according to an approved standard;

(b) the training required by clause (a) is provided by a competent person; and

(c) a written record is kept of all training delivered to a worker pursuant to clause (a).

Compressed and liquified gas systems
Section 25-13 Compressed and liquified gas systems

25‑13(1). An employer or contractor shall:

(a) develop and implement written procedures for the safe installation, use and maintenance of a system;

(b) make readily available for reference by workers the procedures developed pursuant to clause (a) before requiring or permitting the use of the system; and

(c) ensure that all workers are trained in and implement the procedures developed pursuant to clause (a).

(2) The workers shall implement the procedures developed pursuant to clause (1) (a).

(3) An employer or contractor shall ensure:

(a) that a system:

(i) is not exposed to temperatures that may result in the failure of the system or explosion of the contents of the system;

(ii) is maintained in a clean state, free from oil, grease or other contaminant that may cause a failure of the system or that may burn or explode if the contaminant comes into contact with the contents of the system; and

(iii) is located, guarded and handled during filling, transportation, use and storage so that the system is protected from damage;

(b) that service valve outlets and the extensions of service valve outlets of containers that are not connected to any apparatus are capped; and

(c) if equipment is designed for use with a particular compressed or liquified gas or gases, that:

(i) only those gases are used in the equipment; and

(ii) the equipment is clearly labelled as being only for that use.

(4) A worker shall:

(a) take all reasonable steps to ensure that sparks, flames or other sources of ignition do not come into contact with a system;

(b) maintain a system in a clean state, free from oil, grease or any other contaminant; and

(c) secure the cap in place before transporting a container.

Piping
Section 25-16 Piping

25‑16(1). If workers are required or permitted to work on piping that may contain harmful substances or substances under pressure, an employer or contractor, in consultation with the committee, shall develop written procedures to protect the workers from contact with those substances.

(2) The procedures developed pursuant to subsection (1) must include:

(a) the installation of a blank that is appropriate for the proper pressure in the piping;

(b) the closing of 2 blocking valves installed in the piping and the opening of a bleed‑off valve installed between the blocking valves;

(c) the installation of an approved safety device; or

(d) if the procedures mentioned in clauses (a), (b) and (c) are not reasonably practicable, any other procedures that are adequate to protect the health and safety of the workers.

(3) An employer or contractor shall ensure that all workers are trained in and implement the procedures developed pursuant to subsection (1).

(4) An employer or contractor shall ensure that:

(a) the piping mentioned in clause (2) (a) is clearly marked to indicate that a blank has been installed; or

(b) the 2 blocking valves mentioned in clause (2) (b) or the approved safety device mentioned in clause (2) (c):

(i) are locked in the closed position and the bleed‑off valve is locked in the open position; and

(ii) are tagged to indicate that the valves must not be activated until the tags are removed by a worker designated by the employer for that purpose.

(5) An employer or contractor shall ensure that a worker designated pursuant to subclause (4) (b) (ii):

(a) monitors the valves to ensure that they are not activated while a worker is working on the piping; and

(b) records on the tag mentioned in subclause (4) (b) (ii) the date and time of each monitoring and signs the tag each time the worker monitors the valves.

(6) An employer or contractor shall ensure that any valve installed on piping mentioned in this section is clearly marked to indicate the open and closed positions.

PART 26

Explosives

Qualifications of workers
Section 26-2 Qualifications of workers

26‑2(1). An employer or contractor who plans to conduct blasting activities shall ensure that a worker who is to undertake a blasting operation:

(a) has been thoroughly trained in:

(i) the estimation of the amount of explosives required, and in placing, priming and initiating the charge;

(ii) the appropriate procedures to be followed to ensure the safety of other workers;

(iii) the procedures to be followed in the event of a misfire; and

(iv) the examination of the site after blasting to ensure that it is safe to return to the site;

(b) has demonstrated competence to carry out the procedures mentioned in clause (a);

(c) has a thorough knowledge of all federal and provincial statutes, regulations and codes of practice pertaining to the safe use of explosives that are relevant to the blasting operation in question; and

(d) holds a written authorization to blast signed by the worker’s employer.

(2) A worker shall not undertake a blasting activity until the worker possesses written authorization to blast signed by the worker’s employer.

PART 27

Demolition Work

Requirements re workers
Section 27-4 Requirements re workers

27‑4. In a demolition, an employer, contractor or owner shall:

(a) appoint a competent supervisor to be in charge of the demolition at all times that the work is in progress;

(b) ensure that all workers or equipment are located clear of any falling material; and

(c) if a worker is or may be present in a building during its demolition, ensure that the demolition is performed floor by floor from the top downward.

Use of explosives
Section 27-9 Use of explosives

27‑9. If a structure is to be demolished by explosives, an employer, contractor or owner shall:

(a) ensure that a competent person develops a demolition procedure to protect the health and safety of workers;

(b) submit a copy of the demolition procedure to the ministry not less than 30 days before the proposed date of the demolition; and

(c) ensure that the worker who undertakes the blasting activity has the training, competence and knowledge described in clauses 26‑2(1) (a) to (c).

PART 29

Oil and Gas

Supervisors
Section 29-3 Supervisors

29‑3(1). An employer, contractor or owner shall appoint a competent person to supervise any oil or gas exploration, drilling, servicing, testing or production operation.

(2) An employer, contractor or owner shall ensure that the supervisor appointed pursuant to subsection (1) is knowledgeable about, and experienced in the following matters that are within the area of the supervisor’s responsibility:

(a) safe work practices, including the safe operation of any plant at the place of employment;

(b) the safe handling, use and storage of hazardous substances;

(c) well control and blowout prevention;

(d) the detection and control of worker exposure to hydrogen sulphide;

(e) the handling, use, maintenance and storage of personal protective equipment;

(f) the appropriate response to any emergency situation at the place of employment;

(g) the duties and responsibilities of all workers being supervised by the supervisor;

(h) the training of workers being supervised by the supervisor in safe work practices and procedures.

(3) An employer, contractor or owner who has appointed a supervisor pursuant to subsection (1) shall:

(a) give written notice to all employers and self‑employed persons who are involved in the operation of the name, method of contact, duties and responsibilities of the supervisor; and

(b) obtain written acknowledgement from each employer or self‑employed person involved in the operation that the employer or self‑employed person has received the notice required by clause (a) and has agreed to accept the direction of the supervisor.

Raising and lowering derricks
Section 29-9 Raising and lowering derricks

29‑9(1). Before a derrick is raised or lowered, an employer, contractor or owner shall ensure that a complete inspection of all of the derrick’s parts is made by a competent person.

(2) An employer, contractor or owner shall ensure that:

(a) a competent person is in charge of, and present during, the raising and lowering of a derrick; and

(b) a derrick is raised or lowered in accordance with the manufacturer’s specifications.

Procedures for flare tips, etc.
Section 29-39 Procedures for flare tips, etc.

29‑39. An employer, contractor or owner shall:

(a) prepare and implement written procedures to ensure the safety of workers in the lighting or operation of a flare tip, flare stack or flare line used at a worksite; and

(b) instruct all workers in the application of those procedures.

PART 30

Additional Protection for Electrical Workers

Definitions for Part and Interpretation
Section 30-1 Definitions for Part and Interpretation

30‑1(1). In this Part:

"approved" means approved as defined in The Electrical Inspection Act, 1993;

"electrical equipment" means electrical equipment as defined in The Electrical Inspection Act, 1993;

"electrical worker":

(a) in the case of work of electrical installation as defined in The Electrical Inspection Act, 1993 that is regulated by that Act, means a person who is authorized pursuant to The Electrical Licensing Act to perform that work;

(b) in the case of any work with electrical equipment that is not regulated by The Electrical Inspection Act, 1993, means a person who is qualified to perform that work;

"guarded" means covered, shielded, fenced, enclosed or otherwise protected by suitable covers, casings, barriers, rails, screens, mats, platforms or other equally effective means;

"high voltage" means any voltage over 750 volts;

"lamp" means an artificial source of electric light;

"luminaire" means a complete lighting unit that is designed to accommodate a lamp and to connect the lamp to an electrical power supply;

"readily accessible" means capable of being reached quickly for operation, renewal, or inspection, without requiring a worker to climb over or remove obstacles or to resort to portable means of access.

(2) Nothing in this Part shall be construed as authorizing:

(a) the performance of work by a person if it is unlawful for the person to perform that work because of The Electrical Licensing Act, The Apprenticeship and Trade Certification Act, 1999 the regulations made pursuant to those Acts or any other Act or regulation;

(b) the use of electrical equipment if it is unlawful to use that equipment because of The Electrical Inspection Act, 1993, the regulations made pursuant to that Act or any other Act or regulation; or

(c) the performance of work in a particular manner if it is unlawful to perform the work in that manner because of The Electrical Inspection Act, 1993, the regulations made pursuant to that Act or any other Act or regulation.

Electrical workers
Section 30-2 Electrical workers

30‑2(1). Subject to subsection (2), an employer or contractor shall permit only electrical workers to construct, install, alter, repair or maintain electrical equipment.

(2) An employer or contractor may permit a competent worker who is not an electrical worker:

(a) to operate powered mobile equipment and perform non‑electrical work on or near de‑energized electrical equipment;

(b) to extend a portable power cable for routine advancement by interconnection of approved cord connectors, cord caps or similar devices;

(c) to change light bulbs or tubes;

(d) to insert or replace an approved fuse, to a maximum of 750 volts, that controls circuits or equipment; or

(e) to connect small portable electrical equipment that operates at less than 750 volts to supply circuits by means of attachment plugs, if the connection does not overload the circuit conductors, or to use or operate small portable electrical equipment that is connected in that way.

Proximity to exposed energized high voltage electrical conductors
Section 30-16 Proximity to exposed energized high voltage electrical conductors

30‑16(1). In this section:

"applied science technologist" means an applied science technologist who is registered pursuant to The Saskatchewan Applied Science Technologists and Technicians Act and whose registration has not been suspended or cancelled;

"certified technician" means a certified technician who is registered pursuant to The Saskatchewan Applied Science Technologists and Technicians Act and whose registration has not been suspended or cancelled;

"qualified electrical worker" means:

(a) the holder of a journeyperson’s certificate in the electrician trade issued pursuant to The Apprenticeship and Trade Certification Act, 1999, and includes an apprentice in the trade while under the supervision of a journeyperson;

(b) the holder of a journeyperson’s certificate in the power lineperson trade issued pursuant to The Apprenticeship and Trade Certification Act, 1999, and includes an apprentice in the trade while under the supervision of a journeyperson; or

(c) for the purpose of design, calibrating of equipment, inspection, monitoring, testing, and commissioning of equipment in high voltage installations, electrical engineers, applied science technologists or certified technicians who have achieved professional certification within an electrical, electronics, industrial or instrumentation discipline;

"utility tree trimmer" means a person who has successfully completed a course that has been approved for the purposes of this section.

(2) An employer or contractor shall ensure that a qualified electrical worker has had approved training in high voltage safety.

(3) No qualified electrical worker shall undertake high voltage electrical work unless the worker:

(a) has written proof of approved training in high voltage electrical safety; and

(b) has that written proof of approved training readily accessible at all times while working near energized high voltage electrical conductors.

(4) Except as otherwise provided in this section, an employer or contractor shall ensure that no worker works, no material is piled, stored or handled, no scaffold is erected or dismantled and no equipment or powered mobile equipment is used or operated within the minimum distance from any exposed energized electrical conductor set out in column 1 of Table 19 of the Appendix.

(5) Subsection (2) does not apply to a worker who is undertaking a specific one‑time activity under the direct supervision of a qualified electrical worker.

(6) An employer or contractor shall ensure that no worker who is at ground potential approaches an exposed energized electrical conductor closer than the minimum distance set out in column 2 of Table 19 of the Appendix.

(7) An employer or contractor shall ensure that only a qualified electrical worker works closer to an exposed energized electrical conductor than the minimum distance set out in column 2 of Table 19 of the Appendix.

(8) If a qualified electrical worker works closer to an exposed energized electrical conductor than the minimum distance set out in column 2 of Table 19 of the Appendix, an employer or contractor shall ensure that:

(a) the qualified electrical worker:

(i) performs the work in accordance with written instructions for a safe work procedure that have been developed and signed by a competent person who has been appointed by the employer or contractor for that purpose;

(ii) uses equipment that is approved for the intended use of the equipment; and

(iii) uses personal protective equipment that meets the requirements of Part 7; or

(b) the conductor is operating at 25 kilovolts or less and is fitted with rubber and rubber‑like insulating barriers that meet the requirements of an approved standard.

(9) An employer or contractor shall ensure that no part of a vehicle is operated on a public road, highway, street, lane or alley within the minimum distance from an exposed energized electrical conductor set out in column 3 of Table 19 of the Appendix and that no part of a vehicle’s load comes within the minimum distance.

(10) An employer or contractor shall ensure that no utility tree trimmer works within the minimum distance from an exposed energized electrical conductor set out in:

(a) column 4 of Table 19 of the Appendix for utility tree trimmers using conducting objects exposed to energized parts;

(b) column 5 of Table 19 of the Appendix for utility tree trimmers using rated tools exposed to energized parts;

(c) column 6 of Table 19 of the Appendix for utility tree trimmers using rated insulating booms.

Emergency program
Section 30-18 Emergency program

30‑18(1). If an electrical worker may come in contact with an exposed energized electrical conductor and that contact may affect the health or safety of the worker, an employer or contractor shall develop and implement an emergency program that sets out the procedures to be followed in the event of that contact.

(2) An emergency program developed pursuant to subsection (1) must include procedures:

(a) to rescue a worker who has come into contact with a live conductor;

(b) to administer first aid to a worker who has sustained an electric shock; and

(c) to obtain medical assistance.

(3) An employer or contractor shall ensure that the workers are adequately trained to implement the emergency program.

PART 31

Additional Protection for Health Care Workers

Additional requirements re supervisors in health care facilities
Section 31-3 Additional requirements re supervisors in health care facilities

31‑3(1) In addition to the requirements of section 3‑6, an employer, contractor or owner shall appoint competent persons to supervise at the place of employment.

(2) An employer, contractor or owner shall ensure that every supervisor appointed pursuant to subsection (1) is knowledgeable about, and experienced in the following matters that are within the area of the supervisor’s responsibility:

(a) safe work practices and procedures, including the use of engineering controls in use at the place of employment;

(b) the safe handling, use and storage of hazardous substances;

(c) techniques for safely mobilizing, lifting, holding, turning, positioning and transferring patients, residents and clients;

(d) the handling, use, maintenance and storage of personal protective equipment;

(e) the appropriate response to any emergency situation at the place of employment.

(3) An employer, contractor or owner shall ensure that every supervisor appointed pursuant to subsection (1) is knowledgeable in the following matters that are within the area of the supervisor’s responsibility:

(a) the duties and responsibilities of all workers being supervised by the supervisor;

(b) the training of workers under the supervision of the supervisor in safe work practices and procedures.

(4) An employer, contractor or owner who has appointed a supervisor pursuant to subsection (1) shall ensure that all workers and self‑employed persons who work at the place of employment and who are to be supervised by that supervisor are informed of the name of the supervisor.

Patient moving and handling
Section 31-4 Patient moving and handling

31‑4(1). If workers are required or permitted to mobilize, lift, hold, turn, position or transfer patients, residents or clients, an employer:

(a) in consultation with the committee, shall develop a written program specifying:

(i) the procedures to be used by a competent person to assess whether a patient, resident or client requires assistance to move; and

(ii) subject to subsection (2), the procedures and techniques that workers must use when mobilizing, lifting, holding, turning, positioning or transferring a patient, resident or client under all reasonably foreseeable circumstances;

(b) shall implement the program developed pursuant to clause (a);

(c) shall make readily available for reference by workers a copy of the program developed pursuant to clause (a);

(d) if the program developed pursuant to clause (a) and implemented pursuant to clause (b) requires the use of equipment, shall provide equipment, sufficient in quantity, capacity and quality to protect the health and safety of workers, to assist with mobilizing, lifting, holding, turning, positioning or transferring patients, residents or clients;

(e) in consultation with the committee, shall develop a written plan respecting the ongoing evaluation and selection of the equipment mentioned in clause (d);

(f) shall consult with workers who use the equipment mentioned in clause (d) on the ongoing evaluation and selection of that equipment;

(g) shall ensure that workers use, and that competent persons maintain, the equipment mentioned in clause (d) according to the manufacturer’s recommendations;

(h) shall ensure that a preventative maintenance program for the equipment mentioned in clause (d) is implemented that meets the manufacturer’s recommendations; and

(i) shall ensure that workers:

(i) are instructed in the causes of injuries resulting from mobilizing, lifting, holding, turning, positioning or transferring patients, residents or clients and the means to prevent those injuries;

(ii) subject to subsection (2) and in addition to the requirements of section 3‑8, are trained in, and use, the procedures and techniques of mobilizing, lifting, holding, turning, positioning and transferring patients, residents or clients as described in subclause (a)

(ii); and (iii) are trained in the use of the equipment mentioned in clause (d) that the workers will be expected to use at the worksite.

(2) The procedures and techniques mentioned in subclauses (1) (a) (ii) and (i) (ii) must be consistent with the requirements set out in section 6‑18.

(3) If a patient, resident or client has been assessed as requiring assistance to move, an employer shall:

(a) ensure that the status of the patient, resident or client and the appropriate techniques to mobilize, lift, hold, turn, position or transfer the patient, resident or client are clearly identified in writing or by other visual means at or near the location of the patient, resident or client; and

(b) if the technique specified in clause (a) requires more than 1 worker or the use of equipment, ensure that the number of workers needed and the equipment to be used are also clearly specified in writing or by other visual means at or near the location of the patient, resident or client.

(4) An employer, in consultation with the committee, shall review all injuries resulting from mobilizing, lifting, holding, turning, positioning or transferring patients, residents or clients to determine the causes of the injuries. (

5) An employer shall take appropriate action to prevent the occurrence of injuries similar to an injury reviewed pursuant to subsection (4).

(6) If a program developed pursuant to clause (1) (a) and implemented pursuant to clause (1) (b), or a technique identified in subsection (3), specifies the use of equipment or the assistance of another worker, no employer shall require or permit a worker to mobilize, lift, hold, turn, position or transfer a patient, resident or client without the use of the device or the assistance of the other worker.

(7) Except in a life‑threatening emergency, the employer shall not require or permit a worker to mobilize, lift, hold, turn, position or transfer a patient, resident or client until the patient, resident or client has been assessed pursuant to the progra

Cytotoxic drugs
Section 31-5 Cytotoxic drugs

31‑5(1). In this section, "cytotoxic drugs" means drugs that inhibit or prevent the functions of cells and are manufactured, sold or represented for use in treating neoplastic or other conditions.

(2) An employer shall take all practicable steps to minimize the exposure of workers to cytotoxic drugs or to materials or equipment contaminated with cytotoxic drugs.

(3) If workers prepare parenteral cytotoxic drugs on a frequent and continuing basis, an employer shall provide and maintain an approved biological safety cabinet in accordance with subsection (4) and ensure that workers use the cabinet safely.

(4) A biological safety cabinet must be:

(a) inspected and certified by a competent person at least annually and when the biological safety cabinet is moved; and

(b) used and maintained according to an approved procedure or the manufacturer’s recommendations.

(5) If workers are required to prepare, administer, handle or use cytotoxic drugs or are likely to be exposed to cytotoxic drugs, an employer, in consultation with the committee, shall develop a written program to protect the health and safety of workers who may be exposed to cytotoxic drugs or to materials or equipment contaminated with cytotoxic drugs.

(6) A program developed pursuant to subsection (5) must include:

(a) the measures to be taken to identify, store, prepare, administer, handle, use, transport and dispose of cytotoxic drugs and materials contaminated with cytotoxic drugs;

(b) the emergency steps to be followed in the event of:

(i) a spill or leak of a cytotoxic drug; or

(ii) worker exposure to cytotoxic drugs by a puncture of the skin, absorption through the skin, contact with an eye, inhalation of drug dust or ingestion of a contaminated substance;

(c) the methods to be followed in maintaining and disposing of equipment contaminated with cytotoxic drugs;

(d) the use to be made of engineering controls, work practices, hygiene practices and facilities, approved respiratory protective devices, approved eye or face protectors and other personal protective equipment and decontamination materials and equipment that are appropriate in the circumstances; and

(e) the use to be made of an approved biological safety cabinet for the preparation of cytotoxic drugs and the methods to be followed in maintaining the cabinet.

(7) An employer shall:

(a) implement the program developed pursuant to subsection (5);

(b) ensure that all workers who may be exposed to cytotoxic drugs or to materials or equipment contaminated with cytotoxic drugs are trained in the program; and

(c) make a copy of the program readily available for reference by workers.

Waste
Section 31-6 Waste

31‑6(1). If exposure to waste is likely to endanger the health or safety of a worker, an employer shall develop and implement a process that ensures that the waste:

(a) is segregated at the place where the waste is located or produced;

(b) is contained in a secure, clearly labelled package or container that holds the contents safely until it is cleaned, decontaminated or disposed of; and

(c) is cleaned, decontaminated or disposed of in a manner that will not endanger the health or safety of any worker.

(2) An employer shall ensure that:

(a) a worker or self‑employed person who generates, collects, transports, cleans, decontaminates or disposes of waste or launders contaminated laundry is trained in safe work practices and procedures, and is provided with personal protective equipment, that are appropriate to the risks associated with the worker’s work; and

(b) a worker or self‑employed person described in clause (a) uses the safe work practices and procedures and the personal protective equipment mentioned in that clause.

Anaesthetic gases
Section 31-12 Anaesthetic gases

31‑12. If workers are required to handle or use anaesthetic gases and vapours or are likely to be exposed to anaesthetic gases and vapours, an employer shall:

(a) develop safe work practices and procedures to eliminate or reduce the concentration of anaesthetic gases and vapours in the air of the room during the administration of the anaesthetic gases;

(b) train workers in the safe work practices and procedures developed pursuant to clause (a) and ensure that the workers and self‑employed persons use those safe work practices and procedures;

(c) ensure that all anaesthetic gas hoses, connections, tubing, bags and associated equipment are inspected for leakage before each use and at least weekly;

(d) ensure that any room where anaesthetic gases are administered is, if reasonably practicable, ventilated at a rate of 15 air changes per hour;

(e) install an effective waste anaesthetic gas scavenging system to collect, remove and dispose of waste anaesthetic gases and vapours;

(f) except in birthing rooms where anaesthetic gas is self‑administered, ensure that leakage from a waste anaesthetic gas scavenging system installed pursuant to clause (e) is less than 100 millilitres per minute when tested according to an approved standard; and

(g) ensure that the waste anaesthetic gas scavenging system and the equipment used to administer anaesthetic gases are maintained.

Ethylene oxide sterilizers
Section 31-13 Ethylene oxide sterilizers

31‑13(1). In this section, "CSA installation standard" means the Canadian Standards Association standard CAN/CSA‑Z314.9‑M89 Installation, Ventilation and Safe Use of Ethylene Oxide Sterilizers in Health Care Facilities.

(2) An employer shall ensure, to the extent that is practicable, that all ethylene oxide sterilizers at a place of employment are operated and maintained in accordance with the CSA installation standard.

(3) An employer, in consultation with the committee, shall develop:

(a) safe work practices and policies that meet the requirements of the CSA installation standard; and

(b) an emergency response program to detect, control and respond to any leak or spill of ethylene oxide that meets the requirements of the CSA installation standard.

(4) An employer shall:

(a) implement the safe work practices and policies and the emergency response program developed pursuant to subsection (3); and

(b) ensure that workers who operate ethylene oxide sterilizers and workers who may come into contact with ethylene oxide:

(i) are trained in accordance with the CSA installation standard; and

(ii) follow the safe work practices and policies and the emergency response program developed pursuant to subsection (3).

(5) An employer shall ensure that all areas where ethylene oxide is used or stored are posted with clearly legible signs that state "Ethylene Oxide Area, Potential Cancer and Reproductive Hazard, Authorized Personnel Only".

(6) An employer shall ensure that all records of equipment maintenance and accidental ethylene oxide leakages are kept for 5 years in a log book located in the ethylene oxide sterilization area.

(7) An employer shall ensure that an ethylene oxide sterilizer purchased after the coming into force of these regulations:

(a) is constructed in accordance with the Canadian Standards Association standard CAN/CSA‑Z314.1‑M91 Ethylene Oxide Sterilizers for Hospitals;

(b) is installed in accordance with and meets the ventilation requirements of the CSA installation standard; and

(c) if reasonably practicable, is a sterilizer with in‑chamber aeration that allows sterilization and aeration to take place without manually transferring the items that are being sterilized and aerated from one piece of equipment to another.

(8) An employer shall ensure that portable ethylene oxide sterilizers are operated in a fume cabinet or placed in a self‑contained room that is unoccupied during the sterilization process and is ventilated clear of the place of employment at a minimum rate of 10 air changes per hour to prevent the accumulation of the gas in the room.

Review of programs, etc.
Section 31-14 Review of programs, etc.

31‑14. An employer, in consultation with the committee, shall ensure that all programs, training, work practices, procedures and policies developed pursuant to this Part are reviewed and, if necessary, revised at least every 3 years and whenever there is a change of circumstances that may affect the health or safety of workers.

PART 32

Additional Protection for Firefighters

Definitions for Part
Section 32-1 Definitions for Part

32‑1. In this Part:

"emergency incident" means the circumstances giving rise to a specific emergency operation;

"emergency medical care" means the provision of treatment to patients, including first aid, cardiopulmonary resuscitation, basic life support, advanced life support and other medical procedures that occur before arriving at a hospital or other health care facility;

"emergency operation" means the activities relating to rescue, fire suppression, emergency medical care and special operations, and includes the response to the scene of an incident and all functions performed at the scene;

"evolution" means a set of standard operating procedures that results in an effective response to an emergency incident;

"firefighter" means a worker whose duties include:

(a) emergency operations, fire inspection and fire investigation; and

(b) training for the activities mentioned in clause (a);

and includes a worker whose duties include directing any or all of the activities mentioned in clauses (a) and (b);

"firefighting vehicle" means a specialized vehicle that carries an assortment of tools and equipment for use by firefighters in emergency operations;

"fire suppression" means the activities involved in controlling and extinguishing fires, including all activities performed at the scene of a fire incident or training exercise that expose firefighters to the dangers of heat, flame, smoke and other products of combustion, explosion, or structural collapse;

"rescue" means activities directed at locating endangered persons at an emergency incident and removing those persons from danger, and includes treating the injured;

"special operations" means emergency incidents to which firefighters respond that require specific and advanced training and specialized tools and equipment, and includes water rescue, confined space entry, high‑angle rescue and incidents involving hazardous materials;

"standard operating procedure" means an operational directive prepared by an employer that establishes a standard course of action for the emergency incidents to which a firefighter is required to respond;

"structural firefighting" means the activities of rescue, fire suppression and property conservation involving buildings, enclosed structures, vehicles, vessels, aircraft or other large objects that are involved in a fire or emergency incident.

Training of firefighters
Section 32-4 Training of firefighters

32‑4(1). An employer shall ensure that:

(a) every firefighter receives the training necessary to ensure that the firefighter is able to carry out safely any emergency operation that the firefighter will be expected to carry out;

(b) the training required by clause (a) is provided by competent persons; and

(c) a written record is kept of all training delivered to firefighters pursuant to this Part.

(2) An employer shall ensure that every firefighting vehicle is operated by a competent operator.

Instructor-Led

Self-Directed

Instructor-Led

Self-Directed

These forms do not replace the legislation. Please carefully review the Disclaimer on each form that you choose to use, and refer to the relevant legislation to find out exactly what requirements apply to your business. WorkSafe Saskatchewan assumes no responsibility or liability for the use of these forms, nor does WorkSafe Saskatchewan offer any advice as to your obligations under any applicable legislation.

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