Occupational Health Committees

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A joint worker-management committee is a forum for bringing the internal responsibility system into practice. Members of Occupational Health Committee (OHC) have a collective responsibility to work toward improving health and safety in the workplace to reduce the risk of injury and illness in construction-related industries. The OHC makes recommendations to the employer and offers advice for correcting hazards in the workplace. Workers exercise their “right to participate” through this committee.

Benefits of OHCs

The advantage of a joint committee is that the in-depth practical knowledge of various work activities (from labourers and various trades) is brought together with the larger overview of company policies and procedures (from management). Another significant benefit is the enhancement of cooperation among all parts of the workforce toward solving health and safety problems in the construction industry.

The roles and responsibilities of an OHC and employer obligations for establishing and facilitating an effective committee are found throughout the Saskatchewan Employment Act, the Occupational Health and Safety Regulations, the Occupational Health and Safety (WHMIS) Regulations and the Mines Regulations. The OHC goals are to help ensure the health, safety and welfare of the workers.

When is an OHC required?

  • At every place of employment where 10 or more workers of one employer work; the employer must designate persons as members of the OHC;
  • At a construction site at which 10 or more workers or self-employed persons work or are likely to work for more than 90 days;
  • In some cases, the Director of occupational health and safety may issue a written order requiring a committee or an additional committee. The written order will identify any specific requirements for the committee and must take into consideration specific criteria;

Note: In places of employment where less than 10 employees of one employer work, the employer must designate an employee as the occupational health and safety representative for those workers;

How are members selected?

How members are selected depends on the presence of a union(s) in the workplace:

  • In the case of a singularly unionized workplace, the union appoints the worker representative(s) according to their local bylaws or union constitution.
  • In cases where there may be multiple unions representing workers, all of the unions must reach an agreement on the selection of the worker representative(s).
  • In non-unionized workplaces, the workers must elect their representative(s).

Once members are selected, the employer or contractor must designate those individuals as the worker representatives.

Note: Failing to maintain a committee and keeping minutes from committee meetings will result in enforcement action up to and including prosecution.

Please notify the OHS Division with OHC updates such as newly formed committees, new co-chairs, and changes of address. You can e-mail the OHS Division of Saskatchewan Labour at ohs.ohc@gov.sk.ca.

Structure of Committee

  • The committee itself must have representation of workers and management where at least half of the members are workers and be at least 2 members (one worker representative, one management representative) but not more than 12 members;
  • Terms of Office are up to three years and members of a committee hold office until a successor is designated by the employer or contractor. It is permissible for a member to be re-designated for a second three-year term;
  • Each OHC must have 2 co-chairpersons, one for the employer or contractor and the other elected for worker; and

Meetings of the OHC

Each meeting requires a quorum. This requirement means the management representatives must not outnumber the worker representatives at any time, at least half of the members of the OHC must be in attendance, and at least one management member must be present in order for a meeting of the committee to be “legitimate.” It is therefore recommended that members of OHC have “alternates” so that the requirements for a quorum are met.

Once established, a committee shall hold its first meeting within 2 weeks, hold the next three meetings on a monthly basis,and then hold meetings at least every three months . The Director of the Occupational Health and Safety Division may require more frequent meetings due to various factors.

Duties of the OHC

The duties of an OHC are to:

  • participate in the identification and control of health and safety hazards in or at the place of employment;
    • Inspect a place of employment at reasonable intervals determined by the OHC.
    • Be informed by the employer, contractor or owner of any actions taken by them to remedy an unsafe condition or contravention, or the reasons for not doing so.
  • cooperate with the occupational health and safety service, if any, established for the place of employment;
  • establish, promote and recommend the means of delivery of occupational health and safety management system for the education and information of workers;
  • maintain records with respect to the duties of the committee;
    • record minutes of each meeting in a format prescribed and keep them on file with the committee;
    • post a copy of the minutes so that workers have ready access to them;
    • post until all concerns recorded in the minutes are resolved.
  • investigate any matter related to refusal to work;
  • receive, consider, and resolve matters respecting the health and safety of workers;
  • carry out any other duties that are specified in this Part or the regulations made pursuant to this Part.

Additionally, the OHC or a member of the OHC may refer an unresolved issue or concern to an occupational health officer after the employer's written reasons are provided.

Special duties of co-chairpersons

At the first meeting of the committee, co-chairs should be elected. Generally, the co-chairs are responsible to keep those they represent informed of what the committee is doing. Other specific duties of the co-chairpersons include:

  • Accompany an occupational health officer during an inspection or investigation;
  • Investigate as soon as is reasonably possible the death of every worker, every accident that causes or may cause 24-hour in-patient admission of a worker to a hospital and every dangerous occurrence;
  • Consult with the employer in the preparation of a prescribed written report after the investigation of an accident; and
  • Provide agreement that an accident scene can be disturbed or materials moved to the extent necessary to allow work in certain circumstances;
  • May call a special meeting;

As an employer or contractor you must:

  • Consult and cooperate in a timely manner with any occupational health committee at the place of employment for the purpose of resolving concerns on matters of health, safety and welfare at work; Consult the OHC when:
    • establishing and designing an occupational health and safety management system at a prescribed place of employment;
    • developing and implementing a written policy statement and prevention plan to deal with potentially violent situations;
    • identifying the risks arising from the conditions and circumstances of worker’s work or the isolation of the place of employment;
    • developing a written harassment prevention policy;
    • reviewing the provisions of first aid;
    • reviewing the activities at the place of employment that may cause or aggravate musculoskeletal injuries;
    • assessing the risk to the worker’s health and safety of the worker’s work which demands constant and uninterrupted mental effort or constant and uninterrupted physical exertion;
    • identifying any tasks that have potentially harmful visual demand on a worker;
    • developing and implementing an exposure control plan to eliminate or minimize worker exposure to infectious materials or organisms; , reviewing it’s adequacy and amending if necessary, at least every two years or as necessary;
    • permitting the potential footwear requirements;
    • ensuring a competent person evaluates the sources of noise and recommends corrective action;
    • developing and reviewing the hearing conservation plan;
    • assessing the hazards relating to robots or robotic systems and developing written safe work practices and procedures as required; .
    • identifying types of confined spaces, types of hazards, alternative means of performing the work and alterations that may be required to ensure worker safety as prescribed;
    • developing a hazardous confined space entry plan as required;
    • developing and maintaining a list of chemical and biological substances and those which are controlled products;
    • developing a program to instruct workers about hazardous substances and train workers in the precautions to be taken;
    • developing a written procedure for substances listed in Table 21;
    • developing written emergency procedures in the event of an accumulation, spill or leak as required;
    • investigating and preparing a prescribed written report where an accumulation, spill or leak of a substance listed in Table 19 or 20 occurs and results in an exposure of a worker to an extent that may affect their health or safety;
    • developing an asbestos control plan that protects the health and safety of all workers;
    • developing written procedures to protect workers required or permitted to work on piping from contact with substances they contain that may be harmful;
    • developing safe work practices and policies and emergency response program for ethylene oxide sterilizers;
    • ensuring that all programs, training, work practices, procedures and policies developed as required are reviewed and where necessary revised every three years and whenever there is a change of circumstances that may affect the health and safety of workers;
    • ensuring that any worker education and training that is developed is developed and implemented; and reviewed at least annually;
    • ensuring the availability of safety data sheets;
  • Post the names of the members of the committee in a conspicuous location at every place of employment of the workers represented;
  • Take immediate steps to protect the health and safety of any worker who may be at risk until the unsafe condition is corrected or the contravention remedied;
  • Keep readily available all required information and provide that information to the OHC at the place of employment; . Information includes:
    • Statistics;
    • The aggregate results of biological monitoring of a worker;
    • First aid register;
    • Records of all inspections, maintenance and cleaning of mechanical ventilation systems;
    • Records of fit-testing for each worker, records of assessment for each worker and records respecting training completed by each worker;
    • Records respecting maintenance of atmosphere-supplying respirators;
    • Written reasons if the employer or contractor is of the opinion that it is not reasonably practicable to reduce noise levels or minimize exposure below 85dBA;
    • The results of any measurements of worker exposure to, and contamination of a place of employment by, a chemical or biological substance and steps taken in response;
    • Any amendments to the list of chemical and biological substances;
    • A copy of the written record of asbestos containing material;
    • A disclosure of the source of any toxicological data used in preparing a safety data sheet as per subsection 13(4);

      Note: Exemptions may be granted requirement on the basis of trade secret and can be submitted in writing to the Director of Occupational Health and Safety at the Occupational Health and Safety Division .
  • Ensure that the mandatory duties of the occupational health committee are not diminished by any other committee established within the place of employment by the employer or contractor;
  • Ensure that committee co-chairs are trained in their functions and duties;
  • Permit a member of a committee to take leave to attend occupational health and safety training programs, seminars, or courses of instruction; This time spent must be treated as paid work time;
  • Never take discriminatory action against a worker for :
    • Assisting with the activities of the OHC;
    • Seeking the establishment of an OHC;
    • Performing OHC functions;
    • Giving information to an OHC or occupational health officer.
  • Resolve an issue or address a concern raised by an OHC, or provide written reasons for not doing so;
  • Ensure that members of a committee are allowed to examine any log book, inspection report or other record that the employer or contractor is required by the Act or Regulations to keep at the place of employment;
  • Ensure that the members of a committee have reasonable opportunity, during normal working hours and without loss of pay or other benefits, to receive and investigate concerns, to inform workers of the provisions of the Act or Regulations or to conduct other business proper to the functioning of the committee;
  • Ensure members of a committee have reasonable opportunity to hold a special meeting at any time;

As a contractor, you must:

  • Give written notice to every employer, worker or self-employed person about the existence of an OHC and the means of contacting the OHC for major construction projects or for activities which Part XXIX (Oil and Gas) applies to;

Additional duties for employers and contractors involved in mining

  • Provide the co-chairs with employment and accident statistics for the previous calendar month in a form satisfactory to the chief mines inspector in the specified timeframe;
  • Give the details as soon as possible to the committee if a vehicle is refuelled while being used to transport explosives;
  • Provide a copy of the results of the airborne diesel particulate matter recorded;
  • Consult with the committee:
    • On the development of a written plan outlining the precautions to be taken to protect the health and safety of workers working underground, if an underground mine is to be operated with a single exit to the surface for an extended period because the second exit is unavailable;
    • Where there is a blast furnace or smelter at a mine, in the development and implementation of a work plan for their operation;
    • In the development and implementation of a written program to monitor the quality and quantity of the air in all parts of an underground mine, except in those areas barricaded or fenced off;
    • In the development and implementation of a written plan for the operation of remote-controlled vehicles;
    • In the development and implementation of a written plan for traffic control to protect the worker from traffic hazards, where a worker is in danger from vehicular traffic;
    • Developing a written mine dump plan at least 14 days before commencing construction of the dump, roads and ramps that are part of the dumping operation;
    • If material is to be stored in a stockpile, in the development of a work plan for the operation of the stockpile to ensure the health and safety of workers who work on or near the stockpile;
    • If aligning a belt of a temporary extensible conveyor requires the belt to be in motion, in the development of a procedure designed to keep workers out of direct contact with any moving part of the belt conveyor while workers are aligning the belt;

SASKATCHEWAN EMPLOYMENT ACT
S.S. 2013, c. S-15.1

Part III OCCUPATIONAL HEALTH AND SAFETY

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.

Section 3-16 Duty to provide information

3-16. (1) In this section, "required information":

(a) means any information that an employer, contractor, owner or supplier knows or may reasonably be expected to know and that:

(i) may affect the health or safety of any person who works at a place of employment; or

(ii) is necessary to identify and control any existing or potential hazards with respect to any plant or any process, procedure, biological substance or chemical substance used at a place of employment; and

(b) includes any prescribed information.

(2) Subject to section 3-17 and Division 7, every employer shall keep readily available all required information and provide that information to the following at a place of employment:

(a) the occupational health committee;

(b) the occupational health and safety representative;

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

(3) Subject to Division 7, every contractor shall provide all required information to:

(a) every employer and self-employed person with whom the contractor has a contract; and

(b) any occupational health committee established by the contractor.

(4) Subject to Division 7, every owner of a plant used as a place of employment shall provide all required information to every contractor, every employer who employs workers who work in or on the plant and every self-employed person who works in or on the plant.

(5) Subject to Division 7, every supplier shall provide prescribed written instructions and any other prescribed information to every employer to whom the supplier supplies any prescribed biological substance, chemical substance or plant.

Section 3-17 Exemption

3-17. (1) Subject to Division 7, an employer, owner, contractor or supplier may apply for an exemption from the requirements of subsection 3-16(2), (3), (4) or (5), as the case may be, with respect to information that contains trade secrets of the applicant by submitting a written request to the director of occupational health and safety.

(2) After consultation with any interested persons that the director of occupational health and safety considers appropriate, the director may exempt an applicant pursuant to subsection (1) from the requirements of subsection 3-16(2), (3), (4) or (5) with respect to information that contains trade secrets of the applicant.

(3) An exemption pursuant to subsection (2):

(a) must be in writing; and

(b) may be made subject to any terms and conditions that, in the opinion of the director of occupational health and safety, are necessary to secure the health or safety of the workers.

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.

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.

Section 3-22 Establishment of committees

3-22. (1) Subject to the regulations made pursuant to this Part, at every place of employment where 10 or more workers of one employer work, the employer shall:

(a) establish an occupational health committee at the place of employment; and

(b) designate persons as members of the occupational health committee in accordance with this section.

(2) An occupational health committee must consist of at least two and no more than 12 persons.

(3) At least half of the members of an occupational health committee must represent workers other than workers connected with the management of the place of employment.

(4) No person who represents workers shall be designated as a member of an occupational health committee unless the person:

(a) has been elected from the place of employment for that purpose by the workers whom the person would represent;

(b) has been appointed from the place of employment in accordance with the constitution or bylaws of the union of which the workers are members; or

(c) if more than one union represents the workers whom the person would represent on the committee, has been appointed for that purpose from the place of employment pursuant to an agreement among all of those unions.

Section 3-23 Director may order additional or new occupational health committees

3-23. (1) Notwithstanding section 3-22, but subject to subsections (2) to (4) and the regulations made pursuant to this Part, the director of occupational health and safety may order an employer or contractor to establish:

(a) an additional occupational health committee if, in the opinion of the director, the place of employment would be better served by more than one committee; or

(b) an occupational health committee to protect the health, safety and welfare of the workers if an occupational health committee is not otherwise required.

(2) An order issued pursuant to subsection (1) must be in writing.

(3) In an order issued pursuant to this section, the director of occupational health and safety may specify the composition, practice and procedures of the occupational health committee.

(4) In making an order pursuant to this section, the director of occupational health and safety shall consider the following criteria:

(a) the nature of the work performed at the place of employment;

(b) any request to establish an occupational health committee made by an employer, a prime contractor, a worker or a union representing workers at the place of employment;

(c) the frequency of occupationally related injuries and illnesses at the place of employment or in the industry with which the place of employment is associated;

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

Section 3-24 Designation of representatives

3-24. (1) Subject to the regulations made pursuant to this Part, at each prescribed place of employment where fewer than 10 workers of one employer work, the employer shall designate a person as the occupational health and safety representative for those workers.

(2) No person may be designated as an occupational health and safety representative unless the person:

(a) has been elected from the place of employment for that purpose by the workers whom the person would represent;

(b) has been appointed from the place of employment in accordance with the constitution or the bylaws of the union of which the workers are members; or

(c) if more than one union represents the workers that the person would represent as an occupational health and safety representative, has been appointed for that purpose from the place of employment pursuant to an agreement among all of those unions.

Section 3-25 Duty to post names

3-25. (1) A person who is required to establish an occupational health committee pursuant to section 3-22 or 3-23 or the regulations made pursuant to this Part shall post the names of the members of the committee in a conspicuous location at every place of employment of workers represented by the committee.

(2) An employer who is required to designate an occupational health and safety representative pursuant to section 3-24 shall post the name of the representative in a conspicuous location at every place of employment of workers represented by the representative.

Section 3-26 General concern of committees and representatives

3-26. An occupational health committee and an occupational health and safety representative shall have a continuing concern with respect to the health, safety and welfare at a place of employment of workers represented by the committee or the representative.

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.

Section 3-29 Reference of matters to occupational health officer

3-29. (1) In this section, "employer" means any person who is required to establish an occupational health committee pursuant to section 3-22 or 3-23 or the regulations made pursuant to this Part or to designate an occupational health and safety representative pursuant to section 3-24.

(2) If an employer does not resolve an issue or address a concern raised by an occupational health committee or an occupational health and safety representative with respect to the health, safety and welfare of the workers at a place of employment, the employer shall provide written reasons for not resolving the issue or addressing the concern to the committee or to the representative.

(3) If the parties cannot resolve an issue or address a concern after the provision of written reasons by the employer pursuant to subsection (2), any of the following may refer the matter to an occupational health officer:

(a) the employer;

(b) the occupational health committee;

(c) a member of the occupational health committee;

(d) the occupational health and safety representative.

(4) If a matter is referred to an occupational health officer pursuant to subsection (3), the officer may:

(a) determine that there is no issue or concern and inform the person who referred the matter of the determination;

(b) endeavour to mediate an acceptable resolution of the matter and, if the matter cannot be resolved, give written reasons to the employer and to the occupational health committee or the occupational health and safety representative, as the case may be, why the matter cannot be resolved; or

(c) issue a notice of contravention in accordance with this Part.

(5) Nothing in this section limits the right of a worker to refer any matter respecting occupational health and safety directly to an occupational health officer.

Section 3-31 Right to refuse dangerous work

3-31. A worker may refuse to perform any particular act or series of acts at a place of employment if the worker has reasonable grounds to believe that the act or series of acts is unusually dangerous to the worker’s health or safety or the health or safety of any other person at the place of employment until:

(a) sufficient steps have been taken to satisfy the worker otherwise; or

(b) the occupational health committee has investigated the matter and advised the worker otherwise.

Section 3-35 Discriminatory action prohibited

3-35. No employer shall take discriminatory action against a worker because the worker:

(a) acts or has acted in compliance with:

(i) this Part or the regulations made pursuant to this Part;

(ii) Part V or the regulations made pursuant to that Part;

(iii) a code of practice issued pursuant to section 3-84; or

(iv) a notice of contravention or a requirement or prohibition contained in a notice of contravention;

(b) seeks or has sought the enforcement of:

(i) this Part or the regulations made pursuant to this Part; or

(ii) Part V or the regulations made pursuant to that Part;

(c) assists or has assisted with the activities of an occupational health committee or occupational health and safety representative;

(d) seeks or has sought the establishment of an occupational health committee or the designation of an occupational health and safety representative;

(e) performs or has performed the function of an occupational health committee member or occupational health and safety representative;

(f) refuses or has refused to perform an act or series of acts pursuant to section 3-31;

(g) is about to testify or has testified in any proceeding or inquiry pursuant to:

(i) this Part or the regulations made pursuant to this Part; or

(ii) Part V or the regulations made pursuant to that Part;

(h) gives or has given information to an occupational health committee, an occupational health and safety representative, an occupational health officer or other person responsible for the administration of this Part or the regulations made pursuant to this Part with respect to the health and safety of workers at a place of employment;

(i) gives or has given information to a radiation health officer within the meaning of Part V or to any other person responsible for the administration of that Part or the regulations made pursuant to that Part;

(j) is or has been prevented from working because a notice of contravention with respect to the worker’s work has been served on the employer; or

(k) has been prevented from working because an order has been served pursuant to Part V or the regulations made pursuant to that Part on an owner, vendor or operator within the meaning of that Part.

Section 3-64 Obtaining information

3-64. (1) For the purpose of obtaining any information that is required to determine compliance with this Part or the regulations made pursuant to this Part or is otherwise required for the performance of the duties or the exercise of the powers of the director of occupational health and safety, an occupational health officer, the chief occupational medical officer or the chief mines inspector, the director of occupational health and safety may direct any person to provide the director with any information in any form and manner and within any time that the director may specify.

(2) In the prescribed circumstances, an employer shall compile occupationally related injury and illness statistics for the place of employment.

(3) An employer shall:

(a) compile statistics in the prescribed manner; and

(b) ensure that the compilation of the statistics pursuant to clause (a) includes the prescribed matters.

(4) The statistics must be compiled and provided in a manner that protects the confidentiality of workers.

(5) The employer shall:

(a) post the statistics for the information of workers; and

(b) provide the statistics to:

(i) if there is an occupational health committee, the occupational health committee;

(ii) if there is an occupational health and safety representative, the occupational health and safety representative; or

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

Occupational Health and Safety Regulations, 1996
S.S., c. O-1.1, Reg 1

Part VIII Noise Control and Hearing Conservation

Section 111 Measurement of noise levels

111. (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, where 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) where 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.

Section 113 Daily exposure greater than 85 dBA Lex

113. (1) Where 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) Where, 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, where there is no committee, shall inform the workers of the reasons for that opinion.

(3) Where 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 99;

(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 audiometric testing.

(4) Where 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 not lose any pay or other benefits.

(5) Where 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.

Section 114 Hearing conservation plan

114. (1) Where 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, where necessary, revise the hearing conservation plan every three 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 III General Duties

Section 16 Duty of contractor to inform

16. (1) A contractor shall give notice in writing to every employer, worker or self-employed person at the place of employment, setting out:

(a) the name of the person who is supervising the work on behalf of the contractor;

(b) any emergency facilities provided by the contractor for the use of the employers' workers or self-employed persons; and

(c) the existence of a committee or representative, if any, at the place of employment and the means to contact the committee or representative.

(2) Subsection (1) applies only to contractors at major construction projects and to contractors involved in those activities to which Part XXIX applies.

Section 20 Workers' contacts with officers

20. (1) During an inspection or investigation by an officer at a place of employment, an employer shall allow one of the following to accompany the officer:

(a) the worker co-chairperson or, in the co-chairperson's absence, any other worker that the committee may designate to represent workers;

(b) where there is no committee, a worker designated by the trade union representing workers;

(c) where there is no trade union representing workers, a worker designated by an officer;

(d) the representative.

(2) An employer shall permit any worker or group of workers to consult with an officer during an inspection or investigation at a place of employment.

(3) An employer shall ensure that any time in which a worker consults with an officer, assists an officer or accompanies an officer during an inspection or investigation is considered as time at work and that the worker loses no pay or other benefits.

Section 21 Biological monitoring

21. (1) In this section, "biological monitoring" means measuring a worker's total exposure to a physical agent, a chemical substance or a biological substance that is present in a place of employment through the assessment of biological specimens collected from the worker.

(2) Where a worker is the subject of biological monitoring, an employer shall ensure that:

(a) the worker is informed of the purposes and the results of the monitoring;

(b) at the worker's request, the detailed results of the monitoring are made available to a physician designated by the worker; and

(c) the aggregate results of the monitoring are given to the committee or the representative.

Section 28 Inspection of place of employment

28. (1) An employer, contractor or owner shall enable members of a committee or a representative to inspect a place of employment at reasonable intervals determined by the committee or the representative and employer.

(2) On written notice by the committee or the representative of an unsafe condition or a contravention of the Act or any regulations made pursuant to the Act, the employer, contractor or owner shall:

(a) take immediate steps to protect the health and safety of any worker who may be at risk until the unsafe condition is corrected or the contravention is remedied;

(b) as soon as possible, take suitable actions to correct the unsafe condition or remedy the contravention; and

(c) inform the committee or the representative in writing of:

(i) the actions that the employer, contractor or owner has taken or will take pursuant to clause (b); or

(ii) if the employer, contractor or owner has not taken any actions pursuant to clause (b), the employer's, contractor's or owner's reasons for not taking action.

Section 29 Investigation of certain accidents

29. (1) Subject to section 30, an employer shall ensure that every accident that causes or may cause the death of a worker or that requires a worker to be admitted to a hospital as an in-patient for a period of 24 hours or more is investigated as soon as is reasonably possible by:

(a) the co-chairpersons or their designates;

(b) the employer and the representative; or

(c) where there is no committee or representative, the employer.

(2) After the investigation of an accident, an employer, in consultation with the co-chairpersons or their designates, or with the representative, shall prepare a written report that includes:

(a) a description of the accident;

(b) any graphics, photographs or other evidence that may assist in determining the cause or causes of the accident;

(c) an explanation of the cause or causes of the accident;

(d) the immediate corrective action taken; and

(e) any long-term action that will be taken to prevent the occurrence of a similar accident or the reasons for not taking action.

Section 31 Investigation of dangerous occurrences

31. (1) An employer, contractor or owner shall ensure that every dangerous occurrence described in subsection 9(1) is investigated as soon as is reasonably possible by:

(a) the co-chairpersons or their designates;

(b) the employer, contractor or owner and the representative; or

(c) where there is no committee or representative, the employer, contractor or owner.

(2) After the investigation of a dangerous occurrence, an employer, contractor or owner, in consultation with the co-chairpersons or their designates or with the representative, shall prepare a written report that includes:

(a) a description of the dangerous occurrence;

(b) any graphics, photographs or other evidence that may assist in determining the cause or causes of the dangerous occurrence;

(c) an explanation of the cause or causes of the dangerous occurrence;

(d) the immediate corrective action taken; and

(e) any long-term action that will be taken to prevent the occurrence of a similar dangerous occurrence or the reasons for not taking action.

Section 32 Injuries requiring medical treatment

32. An employer or contractor shall report to the co-chairpersons, the representative or their designates any lost-time injury at the place of employment that results in a worker receiving medical treatment and allow the co-chairpersons, the representative or their designates a reasonable opportunity to review the lost-time injury during normal working hours and without loss of pay or other benefits.

Section 35 Working alone or at isolated place of employment

35. (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) Where 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, where 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.

Section 36 Harassment

36. (1) An employer, in consultation with the committee, shall develop a policy in writing to prevent harassment that includes:

(a) a definition of harassment that includes the definition in the Act;

(b) a statement that every worker is entitled to employment free of harassment;

(c) a commitment that the employer will make every reasonably practicable effort to ensure that no worker is subjected to harassment;

(d) a commitment that the employer will take corrective action respecting any person under the employer's direction who subjects any worker to harassment;

(e) an explanation of how complaints of harassment may be brought to the attention of the employer;

(f) a statement that the employer will not disclose the name of a complainant or an alleged harasser or the circumstances related to the complaint to any person except where disclosure is:

(i) necessary for the purposes of investigating the complaint or taking corrective action with respect to the complaint; or

(ii) required by law;

(g) a reference to the provisions of the Act respecting harassment and the worker's right to request the assistance of an occupational health officer to resolve a complaint of harassment;

(h) a reference to the provisions of The Saskatchewan Human Rights Code respecting discriminatory practices and the worker's right to file a complaint with the Saskatchewan Human Rights Commission;

(i) a description of the procedure that the employer will follow to inform the complainant and the alleged harasser of the results of the investigation; and

(j) a statement that the employer's harassment policy is not intended to discourage or prevent the complainant from exercising any other legal rights pursuant to any other law.

(2) An employer shall:

(a) implement the policy developed pursuant to subsection (1); and

(b) post a copy of the policy in a conspicuous place that is readily available for reference by workers.

Part XV Robotics

Section 242 Safework practices and procedures

242. (1) An employer, in consultation with the committee, the representative or, where 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 XVIII Confined Space Entry

Section 267 Identification of confined spaces, hazards, etc.

267. Where a worker may be required or permitted to work in a confined space, an employer, in consultation with the committee, shall identify:

(a) types of confined spaces at the place of employment that a worker may be required or permitted to enter;

(b) types of hazards that are or may be present at each confined space;

(c) alternative means to perform the work to be performed in a confined space that will not require the worker to enter the confined space; and

(d) alterations to the physical characteristics of the confined spaces that may be necessary to ensure safe entrance to and exit from all accessible parts of each confined space.

Section 272 Entry plan

272. (1) Where 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 274(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.

Part XXI Chemical and Biological Substances

Section 302 General duties of employers

302. (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) where 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 307(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, where 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.

Section 303 List of chemical and biological substances

303. (1) An employer shall, in consultation with the committee, the representative or, where there is no committee or representative, the workers:

(a) develop and maintain a list of:

(i) all chemical substances and biological substances that are regularly handled, used, stored, produced or disposed of in the course of work processes and that may be hazardous to the health and safety of the workers at the place of employment; and

(ii) any other chemical substances or biological substances that may be present at the place of employment and are of concern to the workers; and

(b) identify on the list all chemical substances and biological substances that are controlled products.

(2) An employer shall:

(a) amend the list mentioned in subsection (1) whenever a chemical substance or biological substance is added to or removed from the place of employment;

(b) submit a copy of each amendment to the committee or the representative; and

(c) keep a copy of the list at the place of employment and make the list readily available to the workers.

Section 304 Precautions for certain substances

304. (1) Where a chemical substance or biological substance listed pursuant to subsection 303(1) is not a controlled product or is a controlled product that is exempted from the application of The Occupational Health and Safety (Workplace Hazardous Materials Information System) Regulations , 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).

[Sask. Reg. 43/2016, s. 3]

Section 307 Substances listed in Table 21

307. (1) Subject to sections 306 and 308, where a chemical substance or biological substance listed in Table 21 of the Appendix is present at a place of employment, an employer shall:

(a) provide adequate engineering controls, to the extent that it is reasonably practicable to do so, to ensure that the contamination limit set out in Table 21 is not exceeded in any area where a worker is usually present.

(b) take all practicable steps to ensure that no worker's personal exposure exceeds the contamination limit set out in Table 21.

(2) An employer, in consultation with the committee, shall develop a written procedure that meets the requirements of subsection (3) where a chemical substance or biological substance listed in Table 21 of the Appendix is present at a place of employment in an airborne concentration that may be hazardous to a worker, and a worker:

(a) is regularly required or permitted to work more than eight hours in a day or 40 hours in a week; or

(b) may be exposed to a combination or association of substances listed in Table 21 of the Appendix that have similar toxicological effects when acting on the same organ or body system.

(3) A written procedure required by subsection (2) must identify:

(a) the substances to which a worker may be exposed;

(b) the conditions under which a worker will be required or permitted to work, including the frequency, quantity and duration of exposure to the substances; and

(c) the steps that the employer will take to ensure, to the extent that is practicable, that no worker's personal exposure exceeds the equivalent of the contamination limit set out in Table 21 of the Appendix.

(4) An employer shall implement a procedure developed pursuant to subsection (2).

[Sask. Reg. 67/2007, s. 24]

Section 310 Accumulations, spills and leaks

310. Where 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.

Section 311 Report of worker's exposure

311. (1) Where an accumulation, spill or leak of a chemical substance or biological substance listed in Table 19 or 20 of the Appendix occurs and results in the exposure of a worker to the chemical substance or biological substance to an extent that may affect the health or safety of the worker, an employer, in consultation with the committee, shall investigate the incident as soon as is reasonably possible and prepare a written report that includes:

(a) a description of the incident, including the date and all affected worksites;

(b) the names of the substances released and the characteristics of the substances;

(c) for each substance released, the estimated duration and the extent of each worker's exposure;

(d) the name of each worker exposed and the manner in which the substance entered the worker's body;

(e) the causes of the incident; and

(f) any corrective actions taken to prevent occurrence of a similar incident.

(2) An employer shall provide a copy of a report prepared pursuant to subsection (1) to any worker who was exposed to the chemical substance or biological substance that was released.

Part XXIII Asbestos

Section 334 Identification of asbestos-containing materials

334. (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.

(4.1) 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.

(4.2) 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.

(5) An employer, contractor or owner shall make a copy of the written record mentioned in subsections (1), (3), (4.1) and (4.2) readily available for reference by:

(a) the committee;

(b) the representative; and

(c) the workers.

[Sask. Reg. 5/2014, s. 5]

Section 337 Asbestos processes

337. (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) Where 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.

Part XXV Fire and Explosion Hazards

Section 374 Piping

374. (1) Where 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 two 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) where 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 two 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 IV Committees and Representatives

Section 38 Committees at construction sites

38. A contractor shall establish a committee at a construction site at which 10 or more workers or self-employed persons work or are likely to work for more than 90 days.

Section 39 Designation of committee members

39. (1) An employer or contractor who is required to establish a committee shall:

(a) in designating the members:

(i) select persons to represent the employer or contractor on the committee; and

(ii) ensure that there is a sufficient number of members representing workers on the committee to equitably represent groups of workers who have substantially different occupational health and safety concerns; and

(b) designate members for a term not exceeding three years.

(2) Members of a committee hold office until a successor is designated, and may be re-designated for a second or subsequent term.

Section 41 Frequency of meetings

41. (1) Subject to subsection (2), a committee shall:

(a) hold its first meeting within two weeks after being established;

(b) hold three subsequent meetings at intervals not exceeding one month; and

(c) after that, hold regular meetings at intervals not exceeding three months.

(2) The director may require a committee to meet more frequently than subsection (1) requires because of any of the following factors at the place of employment:

(a) the existence of particular hazards or circumstances;

(b) the complexity of the operation;

(c) the number of workers.

Section 42 Minutes

42. (1) committee shall:

(a) record minutes of each meeting in a format provided by the division and keep the minutes on file with the committee;

(b) Repealed. [Sask. Reg. 5/2014, s. 3]

(c) post a copy of the minutes at a location that is readily accessible to workers at the place of employment until all concerns recorded in the minutes are resolved.

(2) The employer shall maintain a copy of the minutes and have them readily available for inspection by a committee member or an occupational health officer.

[Sask. Reg. 5/2014, s. 3]

Section 43 Co-chairpersons

43. (1) At the first meeting of a committee:

(a) members of the committee representing workers shall elect a worker co-chairperson from among their number; and

(b) the employer or contractor shall appoint an employer or contractor co-chairperson from the members of the committee representing the employer or contractor.

(2) An employer or contractor co-chairperson shall keep the employer or contractor informed of the activities, concerns and recommendations of the committee and of any information addressed to the committee.

(3) A worker co-chairperson shall keep the workers informed of the activities, concerns and recommendations of the committee and of any information addressed to the committee.

(4) An employer or contractor shall facilitate the discharge of the worker co-chairperson's duties during normal work hours by permitting meetings of workers or by other means that are appropriate in the circumstances.

Section 44 Special meetings

44. Either co-chairperson may call a special meeting of a committee to deal with urgent concerns, imminent dangers to health or safety, investigations of accidents or dangerous occurrences or refusals to work pursuant tosection 23 of the Act .

Section 46 Training of representatives, committee members

46. (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) Where 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 five working days per year to attend occupational health and safety training programs, seminars or courses of instruction.

(4) Where 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 division 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.

Section 48 Opportunity for necessary activities

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

(a) the members of a committee or a representative are allowed to examine any log book, inspection report or other record that the employer or contractor is required to keep at the place of employment pursuant to the Act or any regulations made pursuant to the Act;

(b) members of a committee or a representative have reasonable opportunity, during normal working hours and without loss of pay or other benefits, to receive and investigate concerns, to inform workers of the provisions of the Act or any regulations made pursuant to the Act or to conduct other business proper to the functioning of the committee or the representative;

(c) members of a committee have reasonable opportunity to hold a special meeting pursuant to section 44 at any time; and

(d) a representative has reasonable opportunity to hold a special meeting pursuant to subsection 47(2) at any time.

(2) An employer or contractor shall ensure that no member of a committee or representative who participates in a regular meeting held pursuant to section 41 or subsection 47(1) or in a special meeting held pursuant to section 44 or 49 or subsection 47(2) loses any pay or other benefits as a result of that participation.

Part XXXI Additional Protection for Health Care Workers

Section 477 Ethylene oxide sterilizers

477. (1) In this section, "CSA installation standard" means the Canadian Standards Association standard CAN/CSA-Z314.9-M89 Installation and Ventilation 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 five 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) where 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.

Section 478 Review of programs, etc.

478. 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, where necessary, revised at least every three years and whenever there is a change of circumstances that may affect the health or safety of workers.

Part V First Aid

Section 52 Provision of first aid

52. Subject to section 53, an employer, contractor or owner shall:

(a) provide the personnel, supplies, equipment, facilities and transportation required by this Part to render prompt and appropriate first aid to workers at every worksite;

(b) in consultation with the committee, the representative or, where there is no committee or representative, the workers, review the provisions of this Part;

(c) if the provisions of this Part are not adequate to meet any specific hazard at a place of employment, provide additional suitable personnel, supplies, equipment and facilities that are appropriate for the hazard; and

(d) ensure that, where a worker may be entrapped or incapacitated in a situation that may be dangerous to any person involved in the rescue operation:

(i) an effective written procedure for the rescue of that worker is developed; and

(ii) suitable personnel and rescue equipment are provided.

Section 57 First aid register

57. An employer or contractor shall ensure that:

(a) each first aid station is provided with a first aid register;

(b) all particulars of the following are recorded in the first aid register:

(i) each first aid treatment administered to a worker while at work;

(ii) each case referred for medical attention;

(c) a first aid register is readily available for inspection by the committee or representative; and

(d) a first aid register no longer in use is retained at the place of employment for a period of not less than five years from the day on which the register ceased to be used.

Part VI General Health Requirements

Section 67 Cleaning and maintaining ventilation systems

67. (1) An employer, contractor or owner shall ensure that:

(a) the mechanical ventilation system, including any humidification equipment, is constructed and maintained to minimize the growth and dissemination of micro-organisms, insects and mites through the ventilation system; and

(b) where reasonably practicable, the components of a mechanical ventilation system are readily accessible for cleaning and inspection.

(2) An employer, contractor or owner shall ensure that a competent person inspects and maintains all parts of a mechanical ventilation system, cleans all louvres and replaces or adequately cleans all filters at a frequency that is sufficient to protect the health and safety of the workers.

(3) An employer, contractor or owner shall keep all ventilation openings free of any obstruction or source of contamination.

(4) An employer, contractor or owner shall ensure that a record of all inspections, maintenance and cleaning of a mechanical ventilation system required by subsection 66(1):

(a) is made by the competent person who performs the work; and

(b) is readily available for examination by the committee, the representative or, where there is no committee or representative, the workers.

Section 81 Musculoskeletal injuries

81. (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) Where 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) Where 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.

Section 82 Shift work and constant effort and exertion

82. Where 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.

Section 83 Visually demanding tasks

83. (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:

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

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

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

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

Section 85 Exposure control plan

85. (1) In this section:

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

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

(ii) sharps disposal containers;

(iii) needleless systems and needles with engineered sharps injury protections as defined in section 474.1; and

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

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

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

(d) "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 he or she 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 85(2) applies to an employer on the day on which this section comes into force or at any time before January 1, 2006, that employer must, no later than January 1, 2006, describe in his or her exposure control plan the steps that will be taken by July 1, 2006 to ensure compliance with this section and, if applicable, subsection 474.1(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 two 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:

(i) of any vaccine recommended for workers with respect to that risk in the Canadian Immunization Guide, published by Health 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, 1994 whose 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; and

(ii) of 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 his or her compliance with these regulations.

[Sask. Reg. 6/97, s. 5; 112/2005, s. 4]

Part II Notice Requirements

Section 9 Dangerous occurrences

9. (1) In this section, "dangerous occurrence" means any occurrence that does not result in, but could have resulted in, a condition or circumstance set out in subsection 8(1), and includes:

(a) the structural failure or collapse of:

(i) a structure, scaffold, temporary falsework or concrete formwork; or

(ii) all or any part of an excavated shaft, tunnel, caisson, coffer dam, trench or excavation;

(b) the failure of a crane or hoist or the overturning of a crane or unit of powered mobile equipment;

(c) an accidental contact with an energized electrical conductor;

(d) the bursting of a grinding wheel;

(e) an uncontrolled spill or escape of a toxic, corrosive or explosive substance;

(f) a premature detonation or accidental detonation of explosives;

(g) the failure of an elevated or suspended platform; and

(h) the failure of an atmosphere-supplying respirator.

(2) An employer, contractor or owner shall give notice to the division as soon as is reasonably possible of any dangerous occurrence that takes place at a place of employment, whether or not a worker sustains injury.

(3) A notice required by subsection (2) must include:

(a) the name of each employer, contractor and owner at the place of employment;

(b) the date, time and location of the dangerous occurrence;

(c) the circumstances related to the dangerous occurrence; and

(d) the name, telephone number and fax number of the employer, contractor or owner or a person designated by the employer, contractor or owner to be contacted for additional information.

(4) An employer, contractor or owner shall provide each co-chairperson or the representative with a copy of the notice required by subsection (2).

Part VII Personal Protective Equipment

Section 88 Respiratory protective devices

88. (1) Where 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) where 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) where 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 he or she:

(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) Where 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 is employed by the employer and 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 that worker 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.

[Sask. Reg. 6/97, s. 6; 67/2007, s. 4]

Section 96 Footwear

96. (1) Subject to subsection (4), an employer or contractor shall ensure that:

(a) a worker uses footwear that is appropriate to the risks associated with the worker's place of employment and occupation; and

(b) a worker who may be at risk from a heavy or falling object or who may tread on a sharp object uses approved protective footwear.

(2) The following places are deemed to be places where a worker is exposed to a risk described in clause (1)(b):

(a) a mine, mill or smelter;

(b) a forestry or sawmilling operation;

(c) a construction site;

(d) a drilling operation;

(e) an oil or gas servicing operation.

(3) An employer or contractor shall:

(a) provide outer foot guards if there is substantial risk of a crushing injury to the foot of a worker; and

(b) provide approved protective footwear if the feet of a worker may be endangered by hot, corrosive or toxic substances.

(4) After consultation with the committee, the representative or, where there is no committee or representative, the workers, an employer or contractor may:

(a) permit the following to use approved soft-soled footwear without puncture-proof plates in the soles:

(i) workers who are competent steel erectors engaged in the connection of structural components of a skeletal structure;

(ii) competent workers who are engaged in the installation of a roof; and

(b) impose any conditions that the employer or contractor considers appropriate on the use of footwear described in clause (a).

Mines Regulations, 2003
R.R.S., c. O-1, r. 2

Part XI Storage, Transportation and Use of Explosives

Section 238 Refuelling

238. (1) An employer or contractor must ensure that, except in an emergency, no vehicle is refuelled while it is being used to transport explosives.

(2) If a vehicle is refuelled while being used to transport explosives, the employer or contractor must report the details of the occurrence to the committee as soon as possible.

(3) Subsections (1) and (2) do not apply to a vehicle that is used only for the transportation and storage of explosives, detonators or detonating cord.

Part XIV Air Quality and Ventilation Underground at a Mine

Section 291 Air quality underground

291. (1) An employer or contractor must develop and implement a written program to monitor the quality and quantity of the air in all parts of an underground mine except in those areas barricaded or fenced off.

(2) The air quality program mentioned in subsection (1) must:

(a) be developed in consultation with the committee; and

(b) contain a description of:

(i) the locations to be monitored;

(ii) the frequency at which the locations are to be monitored; and

(iii) the type of equipment to be used and how the equipment is to be calibrated.

(3) An employer or contractor must ensure that:

(a) a competent person is responsible for measuring the air quality at the mine;

(b) the person mentioned in clause (a) records the result of each measurement; and

(c) the records of the air quality program are readily available to workers.

Part XV Haulage

Section 323 Remote-controlled vehicles

323. (1) In this section:

(a) "control unit" means a unit that transmits the operator's instructions to the remote-controlled vehicle;

(b) "operator" means a person who operates a remote-controlled vehicle;

(c) "remote-control system" means a system that allows an operator to control a remote-controlled vehicle from a distance using electrical impulses or radio signals;

(d) "remote-controlled vehicle" means a vehicle that is operated by a remote-control system.

(2) If a remote-controlled vehicle is used, an employer or contractor must develop and implement a written plan for the operation of remote-controlled vehicles.

(3) The plan mentioned in subsection (2) must:

(a) be developed in consultation with the committee; and

(b) address the safe installation, operation and maintenance of remote-controlled vehicles, including the following:

(i) the location of the operator;

(ii) the training of workers to be operators;

(iii) the location and arrangement of controls and safeguards;

(iv) the design and arrangement of transmitters and receivers to prevent inadvertent activation;

(v) the procedure to change an identification code and radio frequency for transmitters and receivers;

(vi) the testing, inspection and maintenance procedures, including the frequency of the testing, inspection and maintenance;

(vii) the extrication of a remote-controlled vehicle from a hazardous location.

(4) An employer or contractor must ensure that:

(a) the operator of a remote-controlled vehicle is in a safe location at all times while the control unit of the vehicle is energized;

(b) the control unit for a remote-controlled vehicle is de-energized when the control unit is not in use;

(c) a control unit operates only one vehicle;

(d) the remote-controlled vehicle is designed so that it will not be activated by any radio signal other than the signal from that vehicle's control unit;

(e) no remote-controlled vehicle accidentally starts by remote control;

(f) a remote-controlled vehicle only moves by remote control when direct pressure is applied to the controls on the control unit for that remote-controlled vehicle;

(g) the remote-controlled vehicle is equipped with a selector switch that enables the operator to operate the vehicle either manually or by remote control;

(h) the control unit is equipped with a device that warns the operator when the control unit is energized; and

(i) the control unit for each remote-controlled vehicle:

(i) is equipped with:

(A) controls that are the same as, or similar to, the manual controls on the remote-controlled vehicle; and

(B) both:

(I) an emergency stop button; and

(II) a tilt switch that, when the control unit is tilted more than 45° from the vertical, deactivates the controls on the remote-controlled vehicle and applies the brakes; and

(ii) is designed to ensure that:

(A) the control unit will not activate detonators; and

(B) only an authorized person can change the identification code or radio frequency of the control unit or the receiver on the vehicle.

Section 324 Traffic control plan

324. (1) If a worker is in danger from vehicular traffic, an employer or contractor must develop and implement a written traffic control plan to protect the worker from traffic hazards.

(2) The traffic control plan mentioned in subsection (1) must:

(a) be developed in consultation with the committee; and

(b) set out, if appropriate:

(i) the maximum allowable speed of any vehicle in use;

(ii) the maximum operating grades;

(iii) the location and type of control signs;

(iv) the route to be taken by vehicles and units of powered mobile equipment;

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

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

(vii) the procedure to be used in case of an emergency; and

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

(3) An employer or contractor must ensure that:

(a) workers are trained in the traffic control plan developed pursuant to subsection (1); and

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

Section 330 Mine dump

330. (1) An employer or contractor must develop a written dump plan at least 14 days before commencing construction of the dump, roads and ramps that are part of the dumping operation.

(2) The dump plan mentioned in subsection (1) must:

(a) be developed in consultation with the committee;

(b) be submitted to the chief mines inspector; and

(c) describe:

(i) the proposed location of the dump, roads and ramps;

(ii) the grades of each road and ramp;

(iii) the location of dump berms and dump blocks;

(iv) the location of restricted areas; and

(v) the safety procedures to be implemented, including signalling procedures.

(3) An employer or contractor must ensure that a dump plan developed pursuant to subsection (1) is made readily available to workers at the mine.

(4) An employer or contractor must ensure that a dump is designed by a professional engineer if at least one of the following circumstances exists:

(a) the dump plan contemplates a total dump volume in excess of one million cubic metres;

(b) the dump plan contemplates a dump height in excess of 50 metres;

(c) the dump plan contemplates a dump area in excess of five hectares;

(d) the dump is to be located on a natural or trimmed slope that is steeper than 20o from the horizontal plane;

(e) the dump plan contemplates that waste material will be dumped or placed in a watercourse having a potential peak flow that is greater than one cubic metre per second, once in every 200 years;

(f) the proposed dump location may pose a hazard to a building, road, power transmission line, pipeline or major watercourse.

Section 332 Stockpiles

332. (1) If material is to be stored in a stockpile, an employer or contractor, in consultation with the committee, must:

(a) develop a work plan for the operation of the stockpile to ensure the health and safety of workers who work on or near the stockpile;

(b) make a copy of the work plan readily available to workers at the stockpile; and

(c) ensure that all workers and self-employed persons comply with the work plan.

(2) A work plan for the operation of a stockpile must be in writing and must include provisions for:

(a) supervision of the operation;

(b) training of workers;

(c) any necessary limits on the use of equipment on or near the stockpile;

(d) control of:

(i) the formation of dangerous slopes; and

(ii) the undermining of the stockpile; and

(e) control of drawpoints and dumping operations.

Section 336 Temporary extensible belt conveyor

336. (1) If a temporary extensible belt conveyor is used underground, an employer or contractor must ensure that:

(a) the conveyor is equipped with pull cords or emergency stop controls that are located at the drive unit, the delivery end and, if reasonably practicable, the return end;

(b) the pull cord or emergency stop controls mentioned in clause (a) are located to maximize their effective use;

(c) subject to subsection (2), no worker works on a section of the conveyor that is not protected by pull cords or emergency stop controls unless that worker has stopped and locked out the conveyor;

(d) at each entrance to a room where the conveyor is located, notices are posted that:

(i) are conspicuous and legible; and

(ii) inform workers of the requirements of clause (c); and

(e) a start-up warning device that meets the requirements of clause 334(2)(b) is located at the drive unit, the delivery end and, if reasonably practicable, at the return end.

(2) If aligning the belt of a temporary extensible belt conveyor requires the belt to be in motion, an employer or contractor must:

(a) develop a procedure in consultation with the committee designed to keep workers out of direct contact with any moving part of the belt conveyor while the workers are aligning the belt, and ensure that workers are trained in the procedure; or

(b) ensure that the belt conveyor is equipped with an alternative approved device that is capable of stopping the belt conveyor in the case of an emergency.

Part XVI Use of Diesel Engines Underground

Section 349 Testing - particulate exhaust emissions

349. (1) If a diesel engine operates underground and there is a risk to workers from exposure to airborne diesel particulate matter, an employer or contractor must develop and implement a written testing program to test the concentration of airborne diesel particulate matter underground.

(2) The testing program mentioned in subsection (1) must:

(a) be developed in consultation with the chief mines inspector;

(b) identify the method that will be used to conduct the tests;

(c) ensure that the testing is representative of worker exposure to airborne diesel particulate matter; and

(d) address the type of testing equipment to be used and how that equipment should be calibrated to ensure accuracy.

(3) An employer or contractor must:

(a) ensure that the testing equipment is appropriate and properly calibrated;

(b) ensure that a competent person is responsible for conducting the tests required by this section;

(c) ensure that the person mentioned in clause (b) records the results of any tests done;

(d) provide the committee with a copy of the results recorded pursuant to clause (c); and

(e) submit a copy of the results recorded pursuant to clause (c) to the chief mines inspector.

Part VI Design of Mines

Section 48 Procedure where exit from underground restricted

48. (1) If an underground mine is to be operated with a single exit to the surface for an extended period because the second exit is unavailable, the employer or contractor must:

(a) develop a written plan in consultation with the committee outlining the precautions that will be taken to protect the health and safety of workers working underground;

(b) submit the plan to the chief mines inspector for approval; and

(c) implement the approved plan, as appropriate.

(2) If exit to the surface from an underground mine is solely by means of shafts that are not equipped with ladders and if only one exit is available and the second exit cannot be brought back into operation within two hours in an emergency, the employer or contractor must ensure that workers are informed immediately of the restricted access.

(3) If exit to the surface from an underground mine is solely by means of shafts that are not equipped with ladders and all shafts are unavailable, the employer or contractor must:

(a) ensure that all work ceases immediately, with the exception of emergency work, including work required to repair an exit; and

(b) if an exit cannot be brought back into operation within 12 hours, ensure that the emergency procedure identified in the fire control and emergency response plan required by section 383 is implemented.

Part VII Work Practices and Procedures

Section 74 Blast furnaces and smelters

74. (1) If there is a blast furnace or smelter at a mine, the employer or contractor, in consultation with the committee, must:

(a) develop and implement a work plan for the operation of the blast furnace or smelter to ensure the health and safety of workers who work at or near the blast furnace or smelter;

(b) make a copy of the work plan readily available to workers who work at or near the blast furnace or smelter; and

(c) ensure that all workers and self-employed persons comply with the work plan.

(2) A work plan for the operation of a blast furnace or smelter must be in writing and include provisions for:

(a) supervision of the operation;

(b) training of workers;

(c) adequate safety equipment;

(d) any necessary limits on the use of equipment at or near the blast furnace or smelter;

(e) prevention of any dangerous spilling or splashing of molten metal or material;

(f) warnings to be given and precautions to be taken when molten metal or material is to be moved;

(g) control of any contact of molten metal or material with cold, damp surfaces; and

(h) an effective maintenance program for equipment and vehicles used at or in connection with the blast furnace or smelter.

Part III Plans and Records

Section 10 Monthly statistics

10. Not later than 14 days after the end of each calendar month, an employer or contractor must provide the division and the co-chairpersons of the committee with employment and accident statistics for the previous calendar month in a form satisfactory to the chief mines inspector.

Occupational Health and Safety (Workplace Hazardous Materials Information System) Regulations
S.S. 2013, c. S-15.1 Reg 6

Section 5 Worker education and training

5. (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 his or her 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 his or her 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 his or her 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 occupational health 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 occupational health committee;

(b) the occupational health and safety representative; or

(c) if there is no occupational health committee or occupational health and safety representative, a worker representative.

Section 13 Employer safety data sheets

13. (1) For the purposes of this section, "produces" does not include the production of a fugitive emission or of intermediate products undergoing reaction within a reaction vessel or process vessel.

(2) Subject to section 15 and Part 5 of the Hazardous Products Regulations , if the employer produces a hazardous product in a place of employment, the employer shall prepare a safety data sheet for the hazardous product.

(3) An employer shall update the safety data sheet mentioned in subsection (2) as soon as possible if significant new data becomes available to the employer, but not later than 90 days after the significant new data becomes available.

(4) Subject to Part 11 of the Hazardous Materials Information Review Act , on a request pursuant to subsection (5), an employer who produces a hazardous product in a workplace shall disclose to the person making the request the source of any toxicological data used in preparing a safety data sheet.

(5) An employer shall make the disclosure mentioned in subsection (4) on the request of an inspector, a concerned worker, the occupational health committee, an occupational health and safety representative or, if there is no occupational health committee or occupational health and safety representative, a worker representative.

Section 14 Availability of safety data sheets

14. (1) An employer shall ensure that a copy of a safety data sheet required pursuant to sections 12 and 13 is made readily available to any of the following who are consulted on the matter of how best to achieve safety data accessibility in the workplace:

(a) workers who may be exposed to the hazardous product;

(b) the occupational health committee, if any;

(c) an occupational health and safety representative, if any;

(d) a worker representative.

(2) If a hazardous product is received or produced at a laboratory and the employer has produced a safety data sheet, the employer shall ensure that the safety data sheet is readily available to any worker in the laboratory.