Maritime Occupational Health and Safety Regulations

Contents

Her Excellency the Governor General in Council, on the recommendation of the Minister of Labour and the Minister of Transport, pursuant to section 157 of the Canada Labour Code, hereby makes the annexed Maritime Occupational Health and Safety Regulations.^note^note

Part 1 · General

Interpretation

1 #

The following definitions apply in these Regulations.

Act means Part II of the Canada Labour Code. (Loi)

ANSI means the American National Standards Institute. (ANSI)

approved organization means an organization that is approved by any province for the teaching of first aid, or a recognized institution within the meaning of subsection 1(1) of the Marine Personnel Regulations. (organisme agréé)

confined space means an enclosed or partially enclosed space that

(a)is not designed or intended for human occupancy, except for the purpose of performing work;

(b)has restricted means of access and egress; and

(c)may become hazardous to any person entering it owing to

(i)its design, construction, location or atmosphere,

(ii)the materials or substances in it, or

(iii)any other conditions relating to it. (espace clos)

crew accommodation means living, eating, recreational or sleeping quarters provided by an employer for the accommodation of employees on a vessel. (logement de l’équipage)

CSA means the Canadian Standards Association. (CSA)

day vessel means a vessel that is not equipped with accommodation to provide rest for employees. (bâtiment de jour)

disabling injury means an employment injury or an occupational illness that

(a)prevents an employee from reporting for work or from effectively performing all the duties connected with their regular work on any day after the day on which the injury or illness occurred, whether or not that later day was a work day for that employee;

(b)results in an employee’s loss of a body member or part of one or in the complete loss of the usefulness of a body member or part of one; or

(c)results in the permanent impairment of a body function of an employee. (blessure invalidante)

electrical equipment means equipment for the generation, distribution or use of electricity. (outillage électrique)

first aid certificate means the certificate issued by or with the authority of an approved organization for successful completion of a two-day first aid course. (certificat de secourisme)

gross tonnage means the volume of a vessel as determined by a tonnage measurer or calculated in accordance with the regulations made under paragraph 77(h) of the Canada Shipping Act, 2001. (jauge brute)

ILO means the International Labour Organization. (OIT)

IMO means the International Maritime Organization. (OMI)

inland voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux internes)

inland waters of Canada has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (eaux internes du Canada)

international voyage means a voyage between a place in Canada and a place not in Canada or between places not in Canada. (voyage international)

isolation means separation or disconnection from every source of energy that is capable of making equipment dangerous. (isolation)

lock out means placement of a lock on equipment, machines or energy-isolating devices in accordance with an established procedure, to indicate that the equipment, machines or devices are not to be operated until the lock is removed in accordance with an established procedure. (cadenasser)

marine chemist means a qualified person who

(a)is a graduate of a post-secondary education institution who

(i)has successfully completed courses in chemical engineering,

(ii)has successfully completed a general program with a major in chemistry, or

(iii)is a member of the Chemical Institute of Canada; and

(b)has at least three years’ experience in chemical or engineering work, after the person has satisfied the requirements of paragraph (a), of which a minimum of 150 working hours were spent under the supervision of a qualified person in work on board a vessel testing tank reservoirs and other containers in the application of gas hazard control standards. (chimiste de la marine)

MLC 2006 means the Maritime Labour Convention, 2006. (CTM 2006)

near coastal voyage, Class 1 has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage à proximité du littoral, classe 1)

NIOSH means the National Institute for Occupational Safety and Health in the United States. (NIOSH)

oxygen deficient atmosphere means an atmosphere in which there is less than 19.5 per cent by volume of oxygen at a pressure of one atmosphere or in which the partial pressure of oxygen is less than 148 mm Hg. (air à faible teneur en oxygène)

passenger vessel [Repealed, SOR/2023-257, s. 400]

personal service room means a change room, sanitary facility, shower room, or other area of the crew accommodation or a combination of those areas. (local réservé aux soins personnels)

protection equipment means safety materials, equipment, devices and clothing. (équipement de protection)

qualified person means, in respect of a specified duty, a person who, because of their knowledge, training and experience, is qualified to perform that duty safely and properly. (personne qualifiée)

readily available means, in respect of a document, present and easily accessible at the work place at all times. (facilement accessible)

rest means a period during which an employee is not assigned any duty and has access to sleeping quarters and sanitary facilities. (repos)

sanitary facility means a room that contains a water closet or a urinal. (cabinet de toilette)

SOLAS means the 2004 consolidated edition of the International Convention for Safety of Life at Sea, 1974. (SOLAS)

special purpose vessel [Repealed, SOR/2023-257, s. 400]

unlimited voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage illimité)

ventilation equipment means a fan, blower, induced draft or other ventilation device used to force a supply of fresh, respirable atmospheric air into an enclosed space or to move ambient air from that space. (matérial de ventilation)

vessel has the same meaning as in section 2 of the Canada Shipping Act, 2001. (bâtiment)

2 #

For the purpose of interpreting any standard incorporated by reference into these Regulations, the use of “should” is to be read as denoting an obligation.

Application

2.1 #

These Regulations apply to any person who is not an employee but who performs for an employer to which these Regulations apply activities whose primary purpose is to enable the person to acquire knowledge or experience, and to the employer, as if that person were an employee of the employer, and every provision of these Regulations must be read accordingly.^note

3 #

These Regulations apply to employees employed

(a)on vessels registered in Canada;

(b)on uncommissioned vessels of Her Majesty in right of Canada; and

(c)in the loading or unloading of vessels.

Records

4 #

In regulation 6(1)(a) (Competent Control Authority) there shall be added at the end the words “ and the requirements and standards set out in paragraph 9B of the Schedule ”.

(1)If an employer is required by section 125 or 125.1 of the Act to the employer must keep and maintain the record and make it readily available for examination by the Head of Compliance and Enforcement, the policy committee or, if there is no policy committee, the work place committee or the health and safety representative for the vessel to which it applies.

(2)To comply with subsection (1), the employer may use any recording system, including electronic records, if

(a)measures are taken to ensure that the records contained in the recording systems are protected, by electronic or other means, against inadvertent loss or destruction and against tampering; and

(b)a copy of the records contained in the recording systems can be printed on paper and provided on reasonable notice at the request of the Head of Compliance and Enforcement.

Inconsistent Provisions

5 #

In the event of an inconsistency between any standard incorporated by reference in these Regulations and any other provision of these Regulations, that other provision must prevail to the extent of the inconsistency.

Incorporation by Reference

6 #

Any reference to a standard incorporated by reference in these Regulations is a reference to the standard, as amended from time to time.

Health and Safety

7 #

(1)Every employer must

(a)arrange that work in a work area is carried out in a manner that does not endanger the health or safety of any person who is engaged or working in that area or in connection with the work; and

(b)adopt and carry out appropriate procedures and techniques designed or intended to prevent or reduce the risk of employment injury in the operation or carrying out of the work.

(2)Crew accommodation must meet the requirements of the related provisions on health and safety protection and accident prevention, with respect to preventing the risk of exposure to hazardous levels of noise and vibration and other ambient factors and chemicals on board vessels, and provide an acceptable occupational and on-board living environment for employees.

(3)Every employer or owner must ensure that a qualified person

(a)is in charge in every work area; and

(b)inspects every work area or structure and every item of machinery or equipment to ascertain that safe working conditions are maintained.

(4)A person must not use any structure, machinery or equipment that has been reassembled after being dismantled, in whole or in part, until it has been examined by a qualified person and found to be in a safe condition.

Part 2 · Structures

Interpretation

8 #

The following definitions apply in this Part.

accommodation ladder means a means of access to and egress from a vessel that may include platforms on different levels with ladders between the platforms and that

(a)is suspended by a supporting structure of chains or steel wire ropes from its lowest suspension point;

(b)is hinged at its top; and

(c)can be moved so that the lowest platform is accessible from shore. (échelle de coupée)

scaffold means a working platform supported from below. (échafaudage)

stage means a working platform supported from above. (plate-forme suspendue)

Application

9 #

This Part applies to permanent and temporary structures, including means of access, gangways, scaffolds, stages, ladders, guardrails, toe boards and safety nets.^note

Design and Construction

10 #

The employer must ensure that the design and construction of every structure on a vessel meets the applicable requirements set out in one or more of the following regulations:

(a)Vessel Construction and Equipment Regulations;

(b)Hull Construction Regulations; or

(c)Small Vessel Regulations.

(d)[Repealed, SOR/2023-257, s. 401] (repealed)

^note

Temporary Structure

11 #

(1)An employee must not use a temporary structure on a vessel if it is feasible to use a permanent structure.

(2)An employee must not use a temporary structure unless

(a)they have been trained and instructed in its safe and proper use; and

(b)they have their employer’s authority to use it.

(3)Tools, equipment and materials used on a temporary structure must be arranged or secured in a manner that they cannot be knocked off the structure accidentally.

(4)A qualified person must make a visual inspection of the temporary structure before each work period in which a temporary structure is used by an employee.

(5)When a temporary structure is used on a vessel and that structure may be affected by the ingress and egress of the tide, a qualified person must make a visual inspection of the structure at the end of each tide cycle.

(6)If the inspection reveals a defect or condition that adversely affects the structural integrity or safe use of a temporary structure, a person must not use the structure until the defect or condition is remedied.

Means of Access

12 #

(1)Means of access used to board and disembark from a vessel must provide a safe passage between the vessel and shore or between two vessels, as the case may be.

(2)Every vessel that is moored alongside a wharf or another vessel must be fitted with at least one means of access between the vessel and the wharf or the other vessel.

(3)If a means of access leads to a location on board a vessel that is more than 0.35 m above the deck, safe access to the deck must be provided by means of a series of steps, a ladder or other similar structure.

(4)The series of steps, ladder or similar structure must

(a)be firmly secured to the bulwark so as to prevent its shifting, slipping or pivoting;

(b)be aligned with the means of access to the vessel;

(c)have treads that are at least 600 mm in width and 200 mm in depth, with a non-slip surface; and

(d)be equipped with two handhold stanchions that are

(i)not less than 40 mm in diameter,

(ii)extended not less than 1.2 m above the top of the bulwark, and

(iii)fitted at the point of boarding or disembarking the vessel not less than 700 mm and not more than 800 mm apart.

(5)Every accommodation ladder and gangway must

(a)be maintained in a safe condition;

(b)be installed in a manner that reduces movement;

(c)be rigged and maintained in position to compensate for the movement of the vessel;

(d)be lighted in accordance with the Vessel Construction and Equipment Regulations;

e)if feasible, be adjusted in such a way that, whatever the state of the tide or the draught of the ship, the accommodation ladder’s angle or the gangway’s angle to the horizontal plane is not more than 40°;

(f)be provided with a lifebuoy that has an attached line and is strategically placed and ready for immediate use; and

(g)meet the requirements of one of the following standards:

(i)ISO Standard 5488:1979, Shipbuilding – Accommodation ladders,

(ii)CSA Standard CAN/CSA-S826 SERIES-01 (R2006), Ferry Boarding Facilities,

(iii)the applicable standard of a classification society that has been furnished with a certificate by the Minister of Transport under subsection 12(2) of the Canada Shipping Act, 2001, or

(iv)if the ladder is part of pilot transfer equipment referred to in Regulation 23 of Chapter V of SOLAS, IMO Resolution A.889(21), Pilot Transfer Arrangements.

(6)Paragraph 5(g) does not apply to accommodation ladders or gangways constructed prior to the coming into force of these Regulations.

(7)Every means of access must be thoroughly examined by a qualified person at least once every year by a detailed visual examination supplemented, if necessary, by non-destructive testing, dismantling of components, measurement of corrosion, deformation and wear, evaluation of structural and moving parts under working conditions and any other means, in order to arrive at a reliable conclusion as to the safety of the means of access and to ensure that the following conditions are met:

(a)the loose gear used with it is in good working order;

(b)the parts that align and swivel under load are free;

(c)the mechanical, electrical, gearing, hydraulic and pneumatic systems are in good working order;

(d)parts are not affected by corrosion to the extent that they are no longer functional; and

(e)no defects or signs of permanent deformation are detected.

(8)If a means of access is being used by persons to board or disembark from a vessel, at least one end of it must be fastened securely and, if necessary to minimize its movement, an employee, other than an employee engaged in manoeuvring the vessel, must be stationed to assist the persons using it.

(9)A safety net must be fitted under every part of a ladder, accommodation ladder or gangway, except if

(a)the ladder or gangway and the approaches to it are constructed in a manner that makes the fitting of a safety net unnecessary; or

(b)the fitting of a safety net is not possible.

(10)Every safety net referred to in subsection (9) must

(a)extend on both sides of the ladder, accommodation ladder or gangway for a distance of 1.8 m;

(b)be kept taut at all times;

(c)if feasible, protect the entire length of the means of access; and

(d)meet the standards referred to in section 17.

(11)If a platform is provided at the bottom of a means of access, the platform must be flat and horizontal.

Scaffolds

13 #

(1)Unless otherwise permitted by this Part, a scaffold must meet the requirements set out in one or more of the following standards:

(a)ANSI/ASSE Standard A10.8-2001, Scaffolding Safety Requirements;

(b)ANSI/ALI Standard A14.7-2006, American National Standard for Mobile Ladder Stands and Mobile Ladder Stand Platforms; or

(c)CSA Standard CAN/CSA-Z271-98 (R2004), Safety Code for Suspended Elevating Platforms.

(2)The erection, use, dismantling and removal of a scaffold must be carried out by or under the supervision of a qualified person.

(3)If a scaffold is erected on an uneven surface, it must be provided with base plates that maintain its stability.

(4)Every scaffold must be capable of supporting at least four times the load that is likely to be imposed on it.

(5)Every scaffold must

(a)have a platform that is at least 500 mm wide and securely fastened in place; and

(b)have a flat and horizontal working surface.

Stages

14 #

(1)Every stage must

(a)have a flat and horizontal working surface capable of supporting any load that is likely to be imposed on it; and

(b)be fitted with a means of holding the stage away from the working area.

(2)The supporting structure and the ropes or tackle supporting a stage must have a safety factor of not less than six.

Ladders

15 #

(1)Commercially manufactured portable ladders must meet the requirements set out in one or more of the following standards:

(a)CSA Standard CAN3-Z11-M81 (R2005), Portable Ladders;

(b)ANSI/ALI Standard A14.1 -2007, American National Standard for Ladders - Wood - Safety Requirements; or

(c)ANSI/ALI Standard A14.2 -2007, American National Standard for Ladders - Portable Metal - Safety Requirements.

(2)Every portable ladder, while being used, must be

(a)placed on a firm footing; and

(b)secured in a manner that it cannot be dislodged accidentally from its position.

(3)Every ladder, whether portable or permanently secured, must be positioned in a manner so that it is not necessary for a person to use the underside of the ladder.

(4)If a ladder provides access from one level to another, the ladder must extend, if feasible, at least three rungs above the higher level or, if it is not feasible, handholds must be provided.

(5)A metal or wire rope ladder must not be used if there is a hazard that it may come into contact with any live electrical circuit or electrical equipment.

(6)An employee must not work from any of the three top rungs of any single or extension portable ladder or from either of the two top steps of any step ladder.

(7)A non-metallic portable ladder must not be painted.

(8)Every rope ladder must be of sufficient length to reach the intended landing point, unless the distance from the water to the point of access is more than 9 m, in which case a rope ladder is not to be used.

(9)The means of attaching a rope ladder to a vessel must be securely rigged and maintained in a safe condition.

(10)A rope ladder must be equipped with flat wooden treads — at regular intervals with treads wider than the width of the ladder — and be installed in a manner that reduces movement of the ladder.

(11)A rope ladder must not be used to provide access to places on shore except in case of emergency.

(12)When it is necessary to ensure safety, a person must be stationed at the bottom of a ladder to assist the person using the ladder.

Guardrails and Toe Boards

16 #

(1)A raised structure or a deck opening that has a coaming height of less than 900 mm, from which there is a drop of more than 1.2 m, and to which an employee has access, must have a guardrail.

(2)Every guardrail must consist of

(a)a horizontal top rail or line not less than 900 mm and not more than 1100 mm above the base of the guardrail;

(b)a horizontal intermediate rail or line spaced midway between the top rail or line and the base of the guardrail; and

(c)supporting posts spaced not more than 3 m apart at their centres.

(3)Every guardrail must be designed to withstand the greater of

(a)the maximum load that is likely to be imposed on it, and

(b)a static load of not less than 890 N applied in any direction at any point on the top rail or line.

(4)If there is risk that tools or other objects could fall from a scaffold, a stage or any other raised structure onto a person, the employer must install

(a)a toe board that extends from the floor of the platform or other raised structure to a height of not less than 125 mm; or

(b)a solid or mesh panel that extends from the floor of the platform or other raised structure to a height of not less than 450 mm, if the tools or other objects are piled to a height that a toe board will not prevent them from falling.

(5)If the installation of a toe board is not feasible on a scaffold, a stage or any other raised structure, all tools or other objects that could fall on a person must be

(a)tied in a manner that will protect any persons beneath, if the tools or other objects fall; or

(b)placed in a way that they will be caught by a safety net positioned so as to protect from injury any persons on or below the raised area, if the tools or the other objects fall.

Safety Nets

17 #

The design, construction and installation of a safety net referred to in subsection 12(9), paragraphs 16(5)(b) and 147(1)(b) must meet the standards set out in ANSI/ASSE Standard A10.11-1989 (R1998), Safety Requirements for Safety Nets.

Housekeeping and Maintenance

18 #

(1)If feasible, the working surface used by an employee must be kept free of grease, oil or any other slippery substance and of any material or object that may create a hazard to an employee.

(2)Every work area used by an employee must be kept free of accumulations of ice and snow while the area is in use.

Part 3 · Crew Accommodation

Application

19 #

(1)This Part applies to crew accommodation.

(2)The following provisions do not apply in respect of a day vessel:

(a)sections 20 to 40;

(b)sections 42 to 45; and

(c)sections 51 to 54.

(3)[Repealed, SOR/2023-257, s. 403] (repealed)

(3.1)[Repealed, SOR/2023-257, s. 403] (repealed)

(4)[Repealed, SOR/2023-257, s. 403] (repealed)

(5)[Repealed, SOR/2023-257, s. 403] (repealed)

General

20 #

[Repealed, SOR/2023-257, s. 404] (repealed)

21 #

[Repealed, SOR/2023-257, s. 404] (repealed)

22 #

[Repealed, SOR/2023-257, s. 404] (repealed)

23 #

[Repealed, SOR/2023-257, s. 404] (repealed)

24 #

(1)[Repealed, SOR/2023-257, s. 405] (repealed)

(2)[Repealed, SOR/2023-257, s. 405] (repealed)

(3)The deck covering in every crew accommodation must be kept free of grease, oil or any other slippery substance and any material or object that may create a hazard to an employee.

25 #

[Repealed, SOR/2023-257, s. 406] (repealed)

Sleeping Quarters

26 #

[Repealed, SOR/2023-257, s. 407] (repealed)

27 #

[Repealed, SOR/2023-257, s. 407] (repealed)

28 #

[Repealed, SOR/2023-257, s. 407] (repealed)

29 #

[Repealed, SOR/2023-257, s. 407] (repealed)

30 #

[Repealed, SOR/2023-257, s. 407] (repealed)

31 #

[Repealed, SOR/2023-257, s. 407] (repealed)

Berths

32 #

[Repealed, SOR/2023-257, s. 408] (repealed)

33 #

[Repealed, SOR/2023-257, s. 408] (repealed)

34 #

[Repealed, SOR/2023-257, s. 408] (repealed)

35 #

[Repealed, SOR/2023-257, s. 408] (repealed)

36 #

(1)[Repealed, SOR/2023-257, s. 409] (repealed)

(2)The employer must provide a set of clean bedding to be used on board a vessel during the employee’s service.

(3)The bedding set must, at a minimum, consist of the following items of appropriate size for the berth:

(a)one pillow;

(b)one pillow case;

(c)two flat bedsheets; and

(d)one blanket.

(4)The employee must return the bedding set on completion of service on board a vessel.

37 #

[Repealed, SOR/2023-257, s. 410] (repealed)

38 #

[Repealed, SOR/2023-257, s. 410] (repealed)

39 #

[Repealed, SOR/2023-257, s. 410] (repealed)

40 #

[Repealed, SOR/2023-257, s. 410] (repealed)

Galleys and Dining Areas

41 #

(1)If an employee is required to eat on board a vessel there must be, if feasible, a galley or dining area that is equipped with, at a minimum, the following items:

(a)[Repealed, SOR/2023-257, s. 411] (repealed)

(b)a microwave oven;

(c)a toaster;

(d)a refrigerator or a cooler;

(e)dish washing facilities; and

f)pots, pans, strainers, dishes and utensils, in sufficient number to accommodate the greatest number of employees that could use them at any one time.

(2)Every dining area provided by the employer must be

(a)[Repealed, SOR/2023-257, s. 411] (repealed)

(b)provided with non-combustible covered receptacles for the disposal of food waste or garbage; and

(c)separated from any place where a hazardous substance may contaminate food, dishes or utensils.

Mess Rooms

42 #

[Repealed, SOR/2023-257, s. 412] (repealed)

43 #

[Repealed, SOR/2023-257, s. 412] (repealed)

44 #

[Repealed, SOR/2023-257, s. 412] (repealed)

45 #

Non-combustible covered receptacles for the disposal of food waste or garbage must be available at all times in mess rooms when employees are on board a vessel.^note

46 #

[Repealed, SOR/2023-257, s. 414] (repealed)

47 #

[Repealed, SOR/2023-257, s. 414] (repealed)

48 #

[Repealed, SOR/2023-257, s. 414] (repealed)

49 #

[Repealed, SOR/2023-257, s. 414] (repealed)

50 #

[Repealed, SOR/2023-257, s. 414] (repealed)

51 #

[Repealed, SOR/2023-257, s. 414] (repealed)

52 #

[Repealed, SOR/2023-257, s. 414] (repealed)

53 #

[Repealed, SOR/2023-257, s. 414] (repealed)

Recreational Facilities

54 #

If an employee is required to live on board a vessel, a recreational facility must be furnished at a minimum with

(a)a bookcase that contains vocational and other books, the inventory of which must be adequate for the duration of the voyage and changed at reasonable intervals together with a facility for reading and writing;

(b)a radio capable of receiving broadcast on bands such as AM/FM/SW; and

(c)a television set equipped with electronic equipment capable of showing films, the inventory of which must be adequate for the duration of the voyage and changed at reasonable intervals.

55 #

[Repealed, SOR/2023-257, s. 415] (repealed)

56 #

[Repealed, SOR/2023-257, s. 415] (repealed)

57 #

[Repealed, SOR/2023-257, s. 415] (repealed)

58 #

[Repealed, SOR/2023-257, s. 415] (repealed)

59 #

[Repealed, SOR/2023-257, s. 415] (repealed)

Part 4 · Sanitation

Interpretation

60 #

In this Part, communicable disease has the same meaning as in section 2 of the Quarantine Act.

General

61 #

(1)Every employer must maintain each personal service room, galley and pantry used by employees in a clean and sanitary condition.

(2)Each personal service room and galley must be cleaned at least once every day that it is used.

^note

62 #

(1)If a vessel is in operation, an inspection must be made once a week of

(a)the supplies of food and water on the vessel;

(b)all spaces and equipment used for the storage and handling of food; and

(c)the galley and equipment used for the preparation and service of food.

(2)A record of each inspection, made in accordance with subsection (1), must be kept by the employer on the vessel for a period of three years after the day on which the inspection is made.

63 #

All cleaning and sweeping that may cause dusty or unsanitary conditions must be carried out in a manner that will prevent the contamination of the air by dust or other substances injurious to health.^note

64 #

If an interior deck on a vessel is normally wet and employees on the vessel do not use non-slip waterproof footwear, the deck must be covered with a dry false floor or platform or treated with a non-slip product or substance.

65 #

Each container that is used for solid or liquid waste in a work place must

(a)be equipped with a tight-fitting cover;

(b)be constructed so that it can be easily cleaned and maintained in a sanitary condition;

(c)be leak-proof; and

(d)if there may be internal pressure in the container, be designed so that the pressure is relieved by controlled ventilation.

^note

66 #

(1)If feasible, each enclosed part of a work place, personal service room, galley or pantry must be constructed, equipped and maintained in a manner that will prevent the entry of vermin.

(2)If vermin have entered any enclosed part of a work place, personal service room, galley or pantry, the employer must immediately take all steps necessary to eliminate the vermin and prevent their re-entry.

67 #

A person must not use a personal service room for the purpose of storing equipment or supplies unless a closet fitted with a door is provided in that room for that purpose.

68 #

(1)All reasonable steps must be taken to ensure that personal service rooms are kept mold and mycosis free.

(2)[Repealed, SOR/2023-257, s. 416] (repealed)

^note

69 #

[Repealed, SOR/2023-257, s. 417] (repealed)

Sanitary Facilities

70 #

(1)In every sanitary facility, the employer must provide

(a)toilet paper on a holder or in a dispenser in each toilet compartment;

(b)powdered or liquid soap or other sanitizing agent in a dispenser at each wash basin or between adjoining wash basins;

(c)sufficient sanitary hand drying facilities to serve the number of employees using the sanitary facility;

(d)a non-combustible container for used disposable towels if disposable towels are provided;

(e)menstrual products, including clean and hygienic tampons and menstrual pads; and

(f)a covered container lined with a bag that is impervious to moisture for the disposal of menstrual products.

(2)If it is not feasible to provide menstrual products in a sanitary facility, the employer must provide them in another location in the same work place that is controlled by the employer, accessible by employees at all times and offers a reasonable amount of privacy.

Wash Basins

71 #

In every personal service room that contains a wash basin, the employer must provide

(a)powdered or liquid soap or other sanitizing agent in a dispenser at each wash basin or between adjoining wash basins;

(b)sufficient sanitary hand drying facilities to serve the number of employees using the personal service room; and

(c)a non-combustible container for the disposal of used towels if towels are provided.

Showers

72 #

(1)Every shower must be provided with

(a)hot and cold water; and

(b)soap or other sanitizing agent.

(2)If duck-boards are used in showers, they must not be made of wood.

Water

73 #

(1)Every employer must ensure that employees are provided with potable water for drinking, personal washing and food preparation.

(2)The potable water must

(a)be in sufficient quantity to meet the purposes set out in subsection (1); and

(b)meet the quality guidelines set out in the most recent edition of Guidelines for Canadian Drinking Water Quality, prepared by the Federal-Provincial-Territorial Committee on Drinking Water and published by the Department of Health.

(3)Potable water for drinking must be available at all times for the use of every employee working on the vessel.

74 #

(1)Every employer must develop a potable water quality management program that sets out the testing procedures and frequency and the measures to be taken to prevent contamination.

(2)The potable water management program must be made readily available for inspection.

75 #

(1)Every vessel of 300 gross tonnage or more that is not a day vessel must have on board a supply of water that is available for all wash basins, tubs and showers and is sufficient to provide at least 68 l of water for each employee on the vessel for each day that the employee spends on that vessel.

(2)A day vessel must have on board at least 22.7 l of water for each employee on the vessel for each day that the employee spends on that vessel.

76 #

If it is necessary to transport water for drinking, personal washing or food preparation, only sanitary portable water containers must be used.

77 #

If a portable storage container for drinking water is used,

(a)the container must be securely closed;

(b)the container must be used only for storing potable water;

(c)the container must not be stored in a sanitary facility; and

(d)the water must be drawn from the container by

(i)a tap,

(ii)a ladle used only for the purpose of drawing water from the container, or

(iii)any other means that precludes the contamination of the water.

78 #

Any ice that is added to drinking water or used for the contact refrigeration of foodstuffs must be made from potable water, and stored and handled so as to prevent contamination.

79 #

If drinking water is supplied by a drinking fountain,

(a)the fountain must meet the standards set out in the Air-Conditioning and Refrigeration Institute (ARI) standard ARI 1010-2002, entitled Self-Contained, Mechanically-Refrigerated Drinking-Water Coolers, as amended from time to time; and

(b)the fountain must not be installed in a sanitary facility.

^note

Preparation, Handling, Storage and Serving of Food

80 #

Each food handler must be trained and instructed in food handling practices that prevent the contamination of food.^note

81 #

A person who is suffering from a communicable disease must not must work as a food handler.^note

82 #

[Repealed, SOR/2024-118, s. 19] (repealed)

83 #

(1)Foods that require refrigeration to prevent them from becoming hazardous to health must be maintained at a temperature of 4°C or lower.

(2)Foods that require freezing to prevent them from becoming hazardous to health must be maintained at a temperature of –18°C or lower.

^note

84 #

All equipment and utensils that come into contact with food must be

(a)designed to be easily cleaned;

(b)smooth, free from cracks, crevices, pitting or unnecessary indentations; and

(c)cleaned and stored to maintain their surfaces in a sanitary condition.

85 #

No person must eat, prepare or store food in

(a)a place where a hazardous substance may contaminate food, dishes or utensils;

(b)a personal service room that contains a water closet, urinal, tub or shower; or

(c)any other place where food may be contaminated.

^note

Garbage

86 #

Food waste or garbage must not be stored in a galley.

87 #

Garbage must be held in leak-proof, non-absorptive, easily cleaned containers with tight-fitting covers.

88 #

Dry food waste and garbage must be removed or incinerated.

89 #

(1)Food waste and garbage containers must be kept covered and the food waste and garbage removed as frequently as is necessary to prevent unsanitary conditions.

(2)Food waste and garbage containers must be cleaned and disinfected in an area separate from the galley each time they are emptied.

Part 5 · Safe Occupancy of the Work Place

Division 1 — General

90 #

[Repealed, SOR/2020-130, s. 49] (repealed)

Fire Protection Equipment

91 #

Fire protection equipment must be installed, inspected and maintained on board every vessel.^note

Emergency Evacuation

92 #

Emergency evacuation equipment must be installed, inspected and maintained on board every vessel.^note

Emergency Procedures

93 #

(1)Every employer must prepare emergency procedures, including evacuation procedures.

(2)Notices that set out the details of the emergency procedures must be posted in conspicuous places that are accessible to every employee in the work place.

Training and Instruction

94 #

Every employee must be trained and instructed in

(a)the procedures to be followed by an employee in the event of an emergency; and

(b)the location, use and operation of fire protection equipment and emergency equipment provided by the employer.

^note

Inspections

95 #

(1)A visual inspection of every vessel must be carried out by a qualified person at least once every six months and must include an inspection of all fire escapes, exits and stairways and fire protection equipment on board the vessel in order to ensure that they are in serviceable condition and ready for use at all times.

(2)A record of each inspection must be dated and signed by the person who carried out the inspection and kept by the employer on board the vessel for a period of two years after the day on which it is signed.

^note