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1Section 2 of New Brunswick Regulation 91-191 under the Occupational Health and Safety Act is amended

(a) by repealing the definition “short-term exposure limit or STEL”;

(b) by repealing the definition “time-weighted average or TWA”;

(c) in the French version

(i) by repealing the definition « contenant portatif de gaz sous pression »;

(ii) by repealing the definition « polluant »;

(d) by repealing the definition “lock out” and substituting the following:

“lock out” means to render inoperative and prevent from being activated any machine or equipment, including electrical equipment, by using a locking device to isolate the energy source from the machine or the equipment; (verrouiller)

(e) by repealing the definition “zero energy state” and substituting the following:

“zero energy state” means a state in which a machine or equipment is rendered incapable of spontaneous or unexpected action. (niveau d’énergie zéro)

(f) in the English version

(i) by repealing the definition “air contaminant” and substituting the following:

“air contaminant” means any gas, fume, smoke, vapour, dust or other substance in the air, the concentration of which may be hazardous to the health or safety of a person;(aérocontaminant)

(ii) by repealing the definition “portable compressed gas container” and substituting the following:

“portable compressed gas container” means any container having a water capacity of 450 kg or less that contains or is intended to contain a compressed or liquefied gas;(contenant portatif de gaz comprimé)

(g) in the French version

(i) in the definition « appareils de levage » by striking out “monte-commande” and substituting “monte-plats”;

(ii) in the definition « limite d’exposition professionnelle »

(A) in paragraph a) by striking out “polluant” and substituting “aérocontaminant”;

(B) in paragraph g) by striking out “polluant” and substituting “aérocontaminant”;

(h) by adding the following definitions in alphabetical order:

“blank flange” means a solid plate installed through the cross-section of a pipe, usually at a flanged connection;(obturateur)

“blind flange” means a solid plate installed at the end of a pipe that has been physically disconnected from a piping system; (bride pleine)

“critical lift” means(levage critique)

(a) a lift by a mobile crane if the load exceeds 90% of its rated capacity while it is lifting the load at a load radius of more than 50% of its maximum permitted load radius, taking into account its position and configuration during the lift,

(b) a tandem lift by two hoisting apparatuses that are powered if the load of one of them exceeds 75% of its rated capacity,

(c) a lift by a hoisting apparatus that is powered, supported on a floating base, if the load exceeds 90% of its rated capacity,

(d) a lift by more than two hoisting apparatuses that are powered,

(e) a lift of a person in a personnel carrying device suspended from a mobile crane or a hoisting apparatus that is powered,

(f) a lift of a submerged load by a mobile crane or a hoisting apparatus that is powered, or

(g) a lift by a mobile crane or a hoisting apparatus that is powered

(i) in which the centre of gravity of the load changes during the lift,

(ii) in which the length of one or more sling legs changes during a lift, or

(iii) that goes over or between energized high voltage electrical conductors;

“exemption quantity” means exemption quantity as defined in section 1 of the Nuclear Substances and Radiation Devices Regulations made under the Nuclear Safety and Control Act (Canada); (quantité d’exemption)

“hot tapping” means a process of penetrating through the pressure‐containing barrier of a pipe or equipment that has not been totally isolated, depressurized, purged and cleaned;(piquage en charge)

“IDLH atmosphere” means an atmosphere that poses an immediate threat to life or that may cause irreversible adverse health effects or impair a person’s ability to escape; (atmosphère DIVS)

“isolate” means to interrupt the supply of materials to or disconnect pipes, hoses or energy sources by applying control measures;(isoler)

“STEL” means short-term exposure limit or STEL as defined in the ACGIH publication entitled “2016 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices”; (LECT)

“TWA” means time-weighted average or TWA as defined in the ACGIH publication entitled “2016 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices”; (MPT)

(i) by adding the following definitions in alphabetical order in the French version:

“aérocontaminant” s’entend des gaz, des vapeurs, des fumées, des poussières ou d’autres substances dont la concentration dans l’air peut être dangereuse pour la santé ou la sécurité d’une personne; (air contaminant)

“contenant portatif de gaz comprimé” s’entend de tout contenant ayant une capacité maximale de 450 kg d’eau et qui renferme ou qui est destiné à renfermer un gaz comprimé ou liquifié;(portable compressed gas container)

2Section 20 of the Regulation is amended

(a) in subsection (1)

(i) in paragraph (a) by striking out “(Reaffirmed 2015)” and substituting “(R2015)”;

(ii) in subparagraph b)(ii) of the French version by striking out “de polluants” and substituting “d’aérocontaminants”;

(b) in paragraph (4)b) of the French version by striking out “de polluants” and substituting “d’aérocontaminants”.

3The heading “Polluants et ventilation industrielle” preceding section 24 of the French version of the Regulation is amended by striking out “Polluants” and substituting “Aérocontaminants”.

4The heading “Polluants - niveau de concentration” preceding section 24 of the French version of the Regulation is amended by striking out “Polluants” and substituting “Aérocontaminants”.

5Section 24 of the French version of the Regulation is amended

(a) in subsection (1) by striking out “polluants” and “polluant” and substituting “aérocontaminants” and “aérocontaminant” respectively;

(b) in subsection (2.2) by striking out “polluants” and substituting “aérocontaminants”;

(c) in subsection (2.3) by striking out “du polluant” and substituting “de l’aérocontaminant”;

(d) in subsection (2.4) by striking out “contrôler les polluants” and “les polluants produits” and substituting “limiter les aérocontaminants” and “les aérocontaminants produits” respectively;

(e) in subsection (2.41) by striking out “polluants” and substituting “aérocontaminants”;

(f) in paragraph (2.51)b) by striking out “polluant” and substituting “aérocontaminant”;

(g) in subsection (2.61) by striking out “polluant” and substituting “aérocontaminant”;

(h) in subsection (2.81)

(i) in paragraph a) by striking out “de polluants” and substituting “d’aérocontaminants”;

(ii) in paragraph b) by striking out “de polluants” and substituting “d’aérocontaminants”;

(i) in subsection (4) by striking out “de polluants” and “des polluants” and substituting “d’aérocontaminants” and “des aérocontaminants” respectively.

6The heading “Exposition à des polluants autre que dans la semaine normale de travail” preceding section 24.1 of the French version of the Regulation is amended by striking out “polluants” and substituting “aérocontaminants”.

7Section 24.1 of the French version of the Regulation is amended

(a) in subsection (1) by striking out “polluant” and substituting “aérocontaminant”;

(b) in subsection (2) by striking out “polluant” wherever it appears and substituting “aérocontaminant”;

(c) in subsection (3) by striking out “polluants” wherever it appears and substituting “aérocontaminants”.

8Section 25 of the French version of the Regulation is amended

(a) in paragraph a) by striking out “polluant” and substituting “aérocontaminant”;

(b) in paragraph b) by striking out “de polluant” and substituting “d’un aérocontaminant”.

9Section 25.2 of the French version of the Regulation is amended by striking out “contrôlée” and substituting “limitée”.

10Section 41 of the Regulation is amended

(a) in subsection (1) by striking out “(reaffirmed 2019)” and substituting “(R2019)”;

(b) in subsection (2) by striking out “(reaffirmed 2019)” and substituting “(R2019)”.

11Subsection 45(4) of the Regulation is amended by striking out “joint health and safety committee” and substituting “committee”.

12Subsection 48(2) of the Regulation is amended by striking out “joint health and safety committee” and substituting “committee”.

13Subsection 51.6(1) of the French version of the Regulation is amended by striking out “de polluants” and substituting “d’aérocontaminants”.

14Subsection 75(3) of the Regulation is repealed.

15The Regulation is amended by adding after section 79 the following:

Transportation of portable compressed gas containers

79.1A portable compressed gas container may be transported by motor vehicle if the container is secured in an upright position, the valves are closed, the valve protection device is in place, the protective cap is firmly secured and the container does not project beyond the side or end of the motor vehicle.

16The heading “Hoist used to raise materials to roof” preceding section 109 of the English version of the Regulation is amended by striking out “Hoist” and substituting “Hoisting apparatus”.

17Section 109 of the Regulation is amended

(a) by repealing subsection (1);

(b) in subsection (2) of the English version

(i) in the portion preceding paragraph (a) by striking out “hoist” and substituting “hoisting apparatus”;

(ii) in paragraph (b) by striking out “hoist” and substituting “hoisting apparatus”.

18The heading “Hoist used to raise materials to roof” preceding section 110 of the English version of the Regulation is amended by striking out “Hoist” and substituting “Hoisting apparatus”.

19Section 110 of the English version of the Regulation is amended by striking out “part of a hoist” and substituting “part of a hoisting apparatus”.

20Subsection 184(2) of the Regulation is amended by striking out “section 263” and substituting “the provisions of Part XVII”.

21The Regulation is amended by adding after section 188 the following:

Protection of employees – rock face

188.1An employer shall ensure that no employee works close to a rock face until the rock face has been examined and declared safe to carry out the work.

22Section 207 of the Regulation is amended

(a) by adding after subsection (1) the following:

Rigging

207(1.1)An employer shall ensure that a competent person carries out the rigging of materials that are to be hoisted by a hoisting apparatus.

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

207(2)An employer and an operator of a hoisting apparatus shall each ensure that the hoisting apparatus is erected, installed, assembled, started, operated, used, handled, stored, stopped, serviced, tested, cleaned, adjusted, maintained, repaired, inspected and dismantled in accordance with the manufacturer’s specifications and the following CSA standards, if applicable:

(a) B167-08 (R2015), “Overhead travelling cranes – Design, inspection, testing, maintenance, and safe operation” or a standard offering equivalent or better protection;

(b) C22.2 No. 33-M1984 (R2014), “Construction and Test of Electric Cranes and Hoists” or a standard offering equivalent or better protection;

(c) Z248-04 (R2014), “Code for Tower Cranes” or a standard offering equivalent or better protection; and

(d) Z150-20, “Safety code on mobile cranes” or a standard offering equivalent or better protection.

23The Regulation is amended by adding after section 207 the following:

Precautions when hoisted by hoisting apparatus

207.01(1) When an employee is performing maintenance or repairs on a hoisting apparatus that is raised from the ground by means of another hoisting apparatus, other than outriggers or stabilizers, an employer shall ensure that the hoisting apparatus is adequately blocked.

207.01(2)An employer shall ensure that an employee does not work under or go under the raised parts of a hoisting apparatus unless the parts are adequately blocked, or the hoisting apparatus is raised by its outriggers or stabilizers, and no employee shall work under or go under the raised parts unless the parts are adequately blocked or the hoisting apparatus is raised by its outriggers or stabilizers.

24The heading “Inspection of telescopic boom of mobile crane manufactured before 1995” preceding section 207.1 of the Regulation is repealed.

25Section 207.1 of the Regulation is repealed.

26 The heading “Inspection of swivel, hook and block assembly and hooknut of mobile crane manufactured before 2000” preceding section 207.2 of the Regulation is repealed.

27Section 207.2 of the Regulation is repealed.

28Subsection 210(2) of the Regulation is amended in the portion preceding paragraph (a) by striking out “inspects and tests a hoisting apparatus, including any safety devices” and substituting “inspects and repairs a hoisting apparatus, including any safety devices or rigging equipment”.

29The Regulation is amended by adding after section 211 the following:

Protection of employees – suspended load

211.1No employee shall be under a load suspended by a hoisting apparatus.

30The Regulation is amended by adding after section 212 the following:

Critical Lifts

Code of practice

212.1(1)For every critical lift, an employer and a contractor shall each ensure that a code of practice is established that contains the following information:

(a) rigging details;

(b) wind speed limitations;

(c) maximum hoist line speed;

(d) maximum crane travel speed, if applicable;

(e) details concerning load distribution;

(f) the need for and position of signallers, if applicable; and

(g) a description of an effective communications system that employees involved in the critical lift shall use.

212.1(2)Before commencing a critical lift, an employer or a contractor shall inform the employees involved in the critical lift of the content of the code of practice and the supervisor shall document the communication of the information.

212.1(3)The requirements of subsection (2) apply whenever there is a change in the employees involved in a critical lift.

212.1(4)Whenever there is a change in the equipment involved in a critical lift, an employer and a contractor shall each ensure that a new code of practice is established for the equipment that contains the information set out in subsection (1).

212.1(5)An employer shall ensure that a copy of the code of practice is readily available to employees involved in the critical lift.

212.1(6)An employee shall comply with the code of practice and an employer shall ensure that employees comply with the code of practice.

31 Paragraph 213.11(b) of the Regulation is repealed and the following is substituted:

(b) is operated by

(i) if the mobile crane is a wheel- or crawler-mounted lattice boom crane with a lifting capacity of over 25 t or a wheel- or crawler-mounted hydraulic boom crane with a lifting capacity of over 25 t, an operator who holds an appropriate certificate of qualification issued under the Apprenticeship and Occupational Certification Act, or

(ii) if the mobile crane is of a type other than the type referred to in subparagraph (i), a competent person,

32Subsection 213.21(4) of the Regulation is amended by striking out “clause 4.3.5.1 of CSA standard Z150-98, “Safety Code on Mobile Cranes”” and substituting “clause 5.3.5.2.1 of CSA standard Z150-20, “Safety code on mobile cranes” or a standard offering equivalent or better protection”.

33The heading “Blocking for repairs or maintenance” preceding section 213.41 of the Regulation is repealed.

34Section 213.41 of the Regulation is repealed.

35Section 216 of the Regulation is amended

(a) in subsection (1) by adding after paragraph (g) the following:

(g.1) has a rear-view mirror or other means of ensuring that the truck can be safely backed up,

(b) by adding after subsection (1) the following:

Loads

216(1.1)An operator of an industrial lift truck shall ensure that the truck is not loaded beyond its rated capacity and that the load is stabilized and, if necessary, secured.

(c) by adding after subsection (2) the following:

Inspections and repairs

216(2.1)An employer shall ensure that a competent person thoroughly inspects and repairs an industrial lift truck and any safety devices installed on it before the industrial lift truck is first put in use and after any incident that may have damaged some part of it.

(d) in subsection (5) by striking out “subsection 221(1)” and substituting “subsection 221(1) and shall ensure that an operator of an industrial lift truck uses the seat belts and restraining devices while the industrial lift truck is in motion”.

36The Regulation is amended by adding after section 216 the following:

Precautions when hoisted by hoisting apparatus

216.01(1) An employer shall ensure that an industrial lift truck that is raised from the ground by means of a hoisting apparatus is adequately blocked.

216.01(2)An employer shall ensure that an employee does not work under or go under the raised parts of an industrial lift truck unless the parts are adequately blocked, and no employee shall work under or go under the raised parts unless the parts are adequately blocked.

Pedestrian and equipment traffic

216.02(1)If the circumstances permit, an employer shall provide designated pedestrian walkways to separate pedestrian traffic from areas in which industrial lift trucks are in operation.

216.02(2)If the circumstances do not permit an employer to provide designated pedestrian walkways, an employer shall implement at least one of the following safe work procedures to minimize the possibility of collision:

(a) the use of a traffic control system;

(b) the enforcement of speed limits for industrial lift trucks; or

(c) a requirement for a pedestrian and an industrial lift truck operator to acknowledge each other’s presence before the pedestrian proceeds through the area.

216.02(3)In order to improve an industrial lift truck operator’s view of the area, the operator may, if there is no pedestrian traffic in the area, travel forward with an elevated load provided that the operating conditions are maintained to ensure the stability of the truck and compliance with the manufacturer’s specifications.

37The Regulation is amended by adding after section 218 the following:

Manufacturer’s specifications

218.1An employer and an employee shall each ensure that powered mobile equipment is erected, installed, assembled, started, operated, used, handled, stored, stopped, serviced, tested, cleaned, adjusted, maintained, repaired, inspected and dismantled in accordance with the manufacturer’s specifications.

38Section 222 of the Regulation is amended by striking out “CSA standard W47.1-92 (reaffirmed 1998), “Certification of Companies for Fusion Welding of Steel Structures”” and substituting “CSA standard W47.1-09 (R2019), “Certification of companies for fusion welding of steel” or a standard offering equivalent or better protection”.

39The heading “Precautions when jacked or hoisted” preceding subsection 229(2) of the Regulation is amended by striking out “jacked or hoisted” and substituting “hoisted by hoisting apparatus”.

40Subsection 229(2) of the Regulation is amended by striking out “jacks or hoists” and substituting “a hoisting apparatus”.

41The heading “Precautions when jacked or hoisted” preceding subsection 229(3) of the Regulation is amended by striking out “jacked or hoisted” and substituting “hoisted by hoisting apparatus”.

42The Regulation is amended by adding after section 230.2 the following:

Vehicle used as power supply

230.201If a vehicle is used as a power supply, an employer shall ensure that wheel chocks or similar devices are used to prevent the vehicle from moving in a manner that may endanger an employee.

43Subsection 230.21(1) of the Regulation is amended in the portion preceding paragraph (a) by striking out “one tonne” and substituting “1 t”.

44The heading “Precautions when jacked or hoisted” preceding subsection 230.3(2) of the Regulation is amended by striking out “jacked or hoisted” and substituting “hoisted by hoisting apparatus”.

45Subsection 230.3(2) of the Regulation is amended by striking out “jacks or hoists” and substituting “a hoisting apparatus”.

46The heading “Precautions when jacked or hoisted” preceding subsections 230.3(3) of the Regulation is amended by striking out “jacked or hoisted” and substituting “hoisted by hoisting apparatus”.

47The heading “Précautions à prendre à pour lever à l’aide d’un cric ou d’un treuil” preceding subsection 230.31(2) of the French version of the Regulation is repealed and the following is substituted:

Précautions à prendre sur une pente ou une berge

48The heading “Précautions à prendre sur une pente ou sur une berge” preceding subsection 230.31(3) of the French version of the Regulation is repealed and the following is substituted:

Danger créé par la poussière

49Section 231 of the Regulation is amended by adding after subsection (1) the following:

Manufacturer’s specifications

231(1.1)An employer and an operator of a hoisting apparatus shall each ensure that a personnel carrying device is erected, installed, assembled, started, operated, used, handled, stored, stopped, serviced, tested, cleaned, adjusted, maintained, repaired, inspected and dismantled in accordance with the manufacturer’s specifications.

50Section 239 of the Regulation is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “a machine has a means of isolating the energy source to the machine” and substituting “any equipment or machine has a means of isolating the energy source to the equipment or the machine”;

(b) in subsection (2) by striking out “a machine” and substituting “any equipment or machine”;

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

239(3)An employer shall establish a written lock out procedure for equipment and machines and ensure that an employee who may be required to lock out the equipment or the machine is adequately instructed and trained to lock out the equipment or the machine.

(d) in subsection (4)

(i) in the portion preceding paragraph (a) by striking out “a machine is to be cleaned, maintained, adjusted or repaired, an employer shall ensure that no employee works on the machine” and substituting “any equipment or machine is to be cleaned, maintained, adjusted or repaired, an employer shall ensure that no employee works on the equipment or the machine”;

(ii) in paragraph (a) by striking out “the machine” and substituting “the equipment or the machine”;

(iii) in paragraph (b)

(A) in the portion preceding subparagraph (i) by striking out “machine” and substituting “equipment or the machine”;

(B) in subparagraph (ii) by striking out “machine” and substituting “equipment or the machine”;

(C) by repealing subparagraph (iii) and substituting the following:

(iii) puts a non-conductive tag on the safety lock that contains

(A) words directing persons not to start or operate the equipment or machine,

(B) the qualified person’s printed name and signature, and

(C) the date and time when the tag was put on the safety lock.

(e) in subsection (5) by striking out “a machine until the employee verifies that paragraphs 4(a) and (b) have been complied with and verifies by testing that the machine” and substituting “any equipment or machine until the employee verifies that paragraphs (4)(a) and (b) have been complied with and verifies by testing that the equipment or the machine”;

(f) by repealing the portion preceding paragraph (6)(a) and substituting the following:

239(6)No person shall remove a safety lock or tag except

51Paragraph 240(a) of the Regulation is amended by striking out “machine” and substituting “equipment or machine”.

52Subsection 251(1) of the French version of the Regulation is amended in the portion preceding paragraph a) by striking out “L’employeur doit s’assurer qu’une poulie exposée, dont une partie est située à 2,1 m du sol” and substituting “L’employeur s’assure qu’une poulie exposée dont une partie est située à 2,1 m du sol ou moins”.

53The heading “Definition of “confined space”” preceding section 262 of the Regulation is repealed and the following is substituted:

Definitions

54Section 262 of the Regulation is repealed and the following is substituted:

262The following definitions apply in this Part.

“air supply system attendant” means an employee who continuously monitors the effectiveness of the air-line supply system.(surveillant à l’alimentation en air)

“attendant” means an employee who continuously monitors work in and near a confined space and, if necessary, initiates the emergency response procedure.(surveillant)

“confined space” means, other than a development heading in an underground mine and excavations, heating, ventilation and air conditioning (HVAC) plenums and related ventilation ductwork, crawl and attic spaces with openings to outside allowing for continuous passive ventilation and other similar structures provided that there are no factors that could lead to the presence of an atmospheric or other hazard, an area that(espace clos)

(a) is enclosed or partially enclosed,

(b) is not designed or intended for continuous human occupancy, and

(c) has limited or restricted means of entry or exit that may complicate the provision of first aid, evacuation, rescue or any other emergency response.

“emergency response team leader” means an employee who is responsible for supervising emergency response team operations and implementing an emergency response procedure.(chef de l’équipe d’intervention d’urgence)

“entrant” means an employee who enters a confined space.(entrant)

“entry supervisor” means an employee who is responsible for implementing the code of practice. (superviseur d’entrée)

55The Regulation is amended by adding after section 262 the following:

Code of Practice

Code of practice – confined space

262.01(1)Before entry is permitted in a confined space, an employer, a contractor and an owner of a place of employment shall each ensure that a code of practice is established for the confined space.

262.01(2)An employer shall consult with the committee or health and safety representative, if any, or with employees if there is no committee or representative, in developing the code of practice.

262.01(3)The code of practice shall contain the following information:

(a) the date and authorized duration of the code of practice;

(b) the location of the confined space to which the code of practice applies;

(c) the names of the entry supervisor, emergency response team leader, attendant and air supply system attendant, if applicable, and the entrant;

(d) a description of the work to be performed;

(e) a description of any possible hazards that may affect the health or safety of employees;

(f) the procedures to be followed and the equipment to be used to perform the work; and

(g) the procedures to be followed and the equipment to be used in the event of an emergency.

262.01(4)An employer shall ensure that all employees involved in confined space work are adequately instructed and trained in the code of practice and the procedures identified in the code of practice.

262.01(5)The code of practice shall be posted conspicuously near the entrance to the confined space.

262.01(6)An employee shall comply with the code of practice, and an employer shall ensure that employees comply with the code of practice.

262.01(7)An employee who will enter into a confined space or who may undertake a rescue operation in a confined space shall read the code of practice and acknowledge that the employee has received and understood the instructions in the code of practice by signing and dating a copy of the code of practice.

262.01(8)An employer shall ensure that the code of practice and any records associated with the code of practice, including an equipment calibration and maintenance log, are kept for a period of two years from the date on which the entry supervisor signed and dated the code of practice.

262.01(9)An employer shall ensure that a copy of the code of practice is made available to an officer on request.

Safety of Confined Space

Hazards

262.011If the circumstances permit, an employer, a contractor and an owner of a place of employment shall each ensure that the hazards identified in the code of practice are addressed by implementing the following hazard control measures in the following order of priority:

(a) measures that involve the elimination of hazards;

(b) measures that involve the selection of less hazardous means of carrying out work, including the substitution of procedures and equipment;

(c) measures that involve the use of engineering controls to reduce the hazards;

(d) administrative measures to reduce the hazards; and

(e) measures that involve protection from the effects of hazards, including the provision of personal protective equipment.

Engulfment

262.012 An employer shall ensure that no person enters a confined space that may contain a material that has the potential for engulfing the entrant.

Use of equipment and accessories

262.013(1)An employer shall ensure that electrical equipment, atmospheric monitoring equipment and accessories used in a confined space that may contain flammable dust, gases or vapours are intrinsically safe.

262.013(2)An employer shall ensure that electrical equipment, atmospheric monitoring equipment and accessories used in a confined space are approved in accordance with CSA Standard C22.1-15, “Canadian Electrical Code, Part 1”, as amended from time to time, for use in hazardous locations as defined in that standard.

Entry and exit of confined space

262.02 Before entry is permitted in a confined space, an employer and a contractor shall each ensure that a competent person verifies that the opening of the confined space is large enough to allow safe entry and exit by an entrant wearing personal protective equipment and a member of the emergency response team using emergency response equipment.

Protection from traffic hazard

262.021If a hazard from any form of traffic exists, an employer, a contractor and an owner of a place of employment shall each ensure that adequate warning signs and barricades are installed to protect an entrant while inside the confined space.

Emergency response team

262.022(1)An employer and a contractor shall each ensure that an emergency response team is present and ready to respond immediately if the confined space

(a) contains or could develop an atmospheric or other hazard, or

(b) has an internal configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or by a floor which slopes downward and tapers to a smaller cross-section.

262.022(2)If a confined space contains an IDLH atmosphere, an employer and a contractor shall each ensure that an emergency response team is able to reach the entrant within three minutes after the attendant initiates the emergency response procedure.

Duties and Responsibilities

Duties of entry supervisor

262.03(1)An entry supervisor shall

(a) implement the code of practice,

(b) prior to entry, ensure that employees involved in the confined space work are instructed and trained in the code of practice and the procedures identified in the code of practice,

(c) ensure that all actions required to be taken before allowing entry to begin have been taken,

(d) sign and date the code of practice,

(e) ensure that acceptable conditions are maintained for the duration of the entry,

(f) ensure that an emergency response team is available for the duration of the entry and that the means for summoning the team are operable,

(g) terminate the entry and ensure removal of entrants and equipment at the appropriate time, and

(h) communicate the status of the entry and the requirements relating to the entry to the next entry supervisor when the entry supervisor is replaced.

262.03(2)If the percentage or concentration referred to in paragraphs 262.061(1)(a) to (e) is unable to be maintained or there is a possibility that any liquid, free flowing solid or hazardous substance may enter into the confined space in a quantity that could endanger the health or safety of the entrant while inside the confined space, the entry supervisor shall ensure that

(a) the confined space is continuously monitored while the entrant is in the confined space, and

(b) procedures are in place and equipment is provided to allow the entrant to safely enter and exit the confined space.

Duties of emergency response team leader

262.031An emergency response team leader shall ensure that

(a) a written emergency response procedure is established,

(b) the emergency response procedure is adequate to protect the health and safety of employees and indicates the number of employees required in case of an emergency,

(c) the members of the emergency response team perform a simulated rescue at least once a year, and

(d) the procedures to be followed and the equipment to be used in the event of an emergency are followed and used correctly.

Duties of emergency response team leader in emergency

262.032In an emergency, an emergency response team leader shall

(a) assume control of all activities during the emergency response and direct the emergency response team,

(b) ensure that the members of the emergency response team properly perform their duties throughout the emergency response,

(c) assess the ability of the attendant and air supply system attendant to continue performing their duties, and

(d) maintain two-way communication with all affected parties.

Responsibilities of attendant

262.04An attendant shall

(a) be stationed at all times outside the point of entry to or exit from the confined space and continuously monitor work in and near the confined space,

(b) be knowledgeable about the actual and potential hazards associated with entering a confined space,

(c) maintain two-way communication with the entrant,

(d) review the entry procedures prior to entry,

(e) during the entry,

(i) monitor conditions and changes that could adversely affect the health or safety of the entrant,

(ii) ensure that the procedures to be followed and the equipment to be used in the event of an emergency are followed and used correctly, 

(iii) recognize the signs and symptoms of illnesses, injuries and hazard exposures that can compromise the health or safety of the entrant,

(iv) have a means for two-way communication with the entry supervisor and emergency response team leader, and

(v) keep track of entrants entering and exiting the confined space.

Responsibilities of attendant in emergencies

262.041In an emergency, an attendant shall

(a) initiate the emergency response procedure,

(b) order an evacuation of the confined space, if necessary, and

(c) assist with or perform a non-entry rescue as set out in the code of practice.

Responsibilities of air supply system attendant

262.042When an air supply system attendant is identified in a code of practice, the air supply system attendant shall ensure both in normal and emergency situations that

(a) the air-line supply system is in proper working order and the air supply is uninterrupted, and

(b) the air lines do not become entangled or otherwise compromised.

Responsibilities of entrant

262.05An entrant shall exit a confined space and notify the attendant if the entrant

(a) observes a hazard that is not identified in the code of practice and for which hazard control measures are not in place, or

(b) believes the atmosphere of the confined space is unsafe due to the limitations of the equipment or the hazard control measures that are in place.

Atmosphere of Confined Space

Entry not permitted

262.051Neither an employer nor a contractor shall permit an employee to enter or remain in a confined space in which the atmosphere is not within acceptable limits.

Exception re entry

262.052Despite section 262.051, an employer or a contractor may, if the hazard control measures identified in the code of practice are in place, permit an employee to enter or remain in a confined space in which the percentage of oxygen is less than 19.5 % by volume.

Testing atmosphere

262.06(1)Prior to an employee entering a confined space, an employer shall ensure that a competent person tests the atmosphere of the confined space, taking into consideration the stratification of air contaminants and oxygen to ensure that the atmosphere is within acceptable limits.

262.06(2)The results of a test referred to in subsection (1), including the time and date the test was conducted, shall be documented and posted conspicuously at the entrance to the confined space.

Atmosphere within acceptable limits

262.061(1)The atmosphere of a confined space is within acceptable limits if

(a) the percentage of oxygen is not less than 19.5% by volume and not more than 23% by volume,

(b) the concentration of an air contaminant does not exceed 50% of the lower explosive limit or lower flammability limit of the air contaminant when the confined space work is cleaning or inspecting and does not create a source of ignition,

(c) the concentration of an air contaminant does not exceed 10% of the lower explosive limit or lower flammability limit of the air contaminant when the confined space work is cold work using non-sparking equipment,

(d) the concentration of an air contaminant does not exceed 5% of the lower explosive limit or lower flammability limit of the air contaminant when the confined space work is riveting, welding, flame cutting or other fire or spark-producing work,

(e) the concentration of air contaminants and physical agents meet the requirements of this Regulation,

(f) the concentration or percentage referred to in paragraphs (a) to (e) can be maintained during the period of proposed occupancy in the confined space,

(g) any liquid in which an employee may drown or any free flowing solid in which an employee may become entrapped has been removed from the confined space,

(h) the entry of any liquid, free flowing solid or hazardous substance into the confined space in a quantity that could endanger the health or safety of the employee has been prevented by a secure means of disconnecting the pipes adjacent to the confined space or fitting blank flanges or blind flanges to the pipes adjacent to the confined space, and

(i) all electrical or other equipment and machines that present a hazard to an entrant while entering, exiting or occupying the confined space have been put in a zero-energy state and locked out in accordance with this Regulation.

262.061(2)In order to bring the atmosphere of a confined space within acceptable limits, an employer shall

(a) ventilate the confined space,

(b) remove air contaminants from the confined space by the displacement of air, or

(c) intentionally flood the atmosphere inside the confined space with an inert gas such as nitrogen in order to eliminate the hazard of ignition of flammable vapours inside the confined space and create an oxygen deficient atmosphere.

Test ventilation systems

262.07If ventilation systems are used to limit the concentration of air contaminants or to maintain safe levels of oxygen in the atmosphere of the confined space, an employer shall ensure that a competent person tests the concentration of air contaminants and oxygen when the ventilation systems are shut down and when the ventilation systems are turned on.

Equipment calibration

262.071When performing the tests referred to in subsection 262.06(1) and section 262.07, a competent person shall

(a) use appropriate equipment that has been calibrated in accordance with the manufacturer’s specifications,

(b) bump test the equipment once each day unless the manufacturer requires bump tests be done more often, and

(c) maintain an equipment calibration and maintenance log containing the following information:

(i) the date of purchase of the equipment;

(ii) the serial number of the equipment;

(iii) the sensor change schedule for the equipment; and

(iv) the maintenance, repair and calibration history of the equipment.

Source of air contaminants

262.072When the source of air contaminants or oxygen cannot be determined from outside the confined space, an employer shall ensure that appropriate hazard control measures are implemented prior to entry and that the source of air contaminants or oxygen is identified from inside the confined space before other work proceeds.

General

Identification of confined spaces

262.08An employer shall maintain a list of the confined spaces located at a place of employment and the types of hazards that are or may be present at each confined space.

Training program for confined space work

262.081(1)An employer shall establish and implement a training program for employees involved in confined space work.

262.081(2)An employer shall use Table A.1 “Overview of training requirements” of CSA Standard Z1006-10, (R2015), “Management of work in confined spaces” as a guide to establishing the content of the training program.

262.081(3)An employer shall ensure that a competent person provides the training program and that the training results in an employee being able to apply the information as needed to protect the employee’s health and safety.

Training records

262.082(1)An employer shall maintain a training record for each employee who has completed the training program referred to in section 262.081 containing the following information:

(a) the name of the employee;

(b) the name of the competent person who provided the training; and

(c) the date on which the training took place.

262.082(2)An employer shall ensure the training record for each employee is made available to an officer on request.

Personal protective equipment

262.083If an employer or entrant determines that personal protective equipment identified in the code of practice and worn inside a confined space impedes the entrant’s ability to enter or exit the confined space, provisions to protect employees shall be incorporated in the code of practice.

Protective equipment

262.084An employer and a contractor shall each ensure that all protective equipment and emergency equipment identified in the code of practice have been inspected by a competent person and are in good working order.

Full body harness

262.09(1)When required by the code of practice, an employer shall ensure that an employee entering, exiting or occupying a confined space wears a full body harness that is referred to in the code and attached to a life line that is attached to a secure anchor located outside the confined space, which lifeline and anchor are operated by a competent employee.

262.09(2)An employer shall ensure that the full body harness conforms with the requirements for Class E harnesses in CSA standard Z259.10-18, “Full body harnesses” or a standard offering equivalent or better protection.

Life lines

262.091(1)When more than one entrant occupies a confined space, an employer shall ensure that measures are taken to prevent the life lines attached to the full body harnesses worn by the entrants from becoming entangled.

262.091(2)The use of a life line is not required if the code of practice identifies conditions that make its use impractical or unsafe.

SCBA

262.092If a confined space in which entry is required contains an IDLH atmosphere, an employer shall ensure that a pressure-demand SCBA or a multifunctional SCBA/airline respirator with auxiliary self-contained air supply has a minimum rated service time of 15 minutes, or additional capacity if required by the code of practice.

56The heading “Testing, protective equipment and entry” preceding section 263 of the Regulation is repealed.

57Section 263 of the Regulation is repealed.

58The heading “Purging” preceding section 264 of the Regulation is repealed.

59Section 264 of the Regulation is repealed.

60The heading “Monitoring while employee in confined space” preceding section 265 of the Regulation is repealed.

61Section 265 of the Regulation is repealed.

62The heading “Duties of employer respecting equipment and personnel” preceding section 266 of the Regulation is repealed.

63Section 266 of the Regulation is repealed.

64The heading “Lower explosive limit of substances in confined space” preceding section 267 of the Regulation is repealed.

65Section 267 of the Regulation is repealed.

66The heading “Respiratory protective equipment” preceding section 268 of the Regulation is repealed.

67Section 268 of the Regulation is repealed.

68The heading “Oxygen content and flammable or reactive material” preceding section 269 of the Regulation is repealed.

69Section 269 of the Regulation is repealed.

70The heading “Electrical equipment and wet or solidly grounded confined space” preceding section 270 of the Regulation is repealed.

71Section 270 of the Regulation is repealed.

72The heading “Reports made under section 263” preceding section 271 of the Regulation is repealed.

73Section 271 of the Regulation is repealed.

74The heading “Protection from traffic hazard” preceding section 272 of the Regulation is repealed.

75Section 272 of the Regulation is repealed.

76Section 273 of the Regulation is amended

(a) in paragraph (a) by striking out “and” at the end of the paragraph;

(b) by repealing paragraph (b) and substituting the following:

(b) monitoring the exposure level of employees to harmful fumes and gases or particles emitted from welding, cutting, burning or soldering operations to ensure that the level of concentration of air contaminants does not exceed the occupational exposure limits, and

(c) by adding after paragraph (b) the following:

(c) monitoring the work areas in proximity to the welding, cutting, burning or soldering area to ensure that the level of concentration of air contaminants does not exceed the occupational exposure limits.

77 Subsection 274(1) of the Regulation is amended by repealing “CSA standard W117.2-94, “Safety in Welding, Cutting and Allied Processes”” and substituting “CSA standard W117.2-12 (R2017), “Safety in welding, cutting and allied processes” or a standard offering equivalent or better protection”.

78Paragraph 274.1(b) of the Regulation is repealed and the following is substituted:

(b) is employed by a company certified to CSA standard W47.1-09 (R2019), “Certification of companies for fusion welding of steel” or CSA Standard W47.2-11 (R2020), “Certification of companies for fusion welding of aluminium” or a standard offering equivalent or better protection.

79Section 275 of the Regulation is amended

(a) by repealing the heading “Availability of fire extinguishing equipment” preceding subsection (3) and substituting the following:

Fire prevention measures

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

275(3)Clause 11.7 of CSA standard W117.2-12 (R2017), “Safety in welding, cutting and allied processes” or a standard offering equivalent or better protection shall be used as a guide to establish suitable fire extinguishing measures and other fire prevention measures.

80Subsection 279(2) of the Regulation is amended by striking out “toxic substances” and substituting “hazardous substances”.

81The Regulation is amended by adding after section 279 the following:

Hot tapping

279.1(1)Despite subsection 279(1), an employer who establishes a code of practice in accordance with subsection (2) may allow hot tapping to be undertaken on a pipe or equipment in service containing a flammable or explosive substance.

279.1(2)Before any hot tapping begins, an employer shall establish a code of practice that is specific to the type or class of hot tapping to be performed and is approved by an engineer.

279.1(3)A code of practice for hot tapping shall contain the following information:

(a) a description of the hot tapping to be performed;

(b) a description of any possible hazards that may affect the health or safety of employees;

(c) the procedures to be followed and the equipment to be used when hot tapping; and

(d) an emergency response procedure.

279.1(4)An employer shall ensure that

(a) only competent employees are permitted to perform hot tapping,

(b) the point in the pressure containing barrier to be hot tapped is checked and strong enough for the hot tapping to be performed safely,

(c) there is sufficient working space at the location at which hot tapping will be performed,

(d) exit routes are available and their locations are known by employees who perform the hot tapping,

(e) employees wear appropriate personal protective equipment when hot tapping is performed,

(f) material being supplied to the pipe or equipment being hot tapped can be shut off immediately in an emergency,

(g) the hot tapping machine and accessories are of adequate design and capability for the work to be performed, and

(h) the pressure in the pipe or equipment being hot tapped is as low as possible during the hot tapping.

82Section 286 of the Regulation is amended

(a) in the definition of “qualified person”

(i) by striking out subparagraph (b)(i) and substituting the following:

(i) a person who holds a certificate of qualification issued under the Apprenticeship and Occupational Certification Act for the distribution construction lineman trade, the powerline technician trade or the power system technician trade, or

(ii) in paragraph (c) by striking out “and” at the end of the paragraph;

(iii) in paragraph (d) by striking out the period at the end of the paragraph and substituting “, and”;

(iv) by adding after paragraph (d) the following:

(e) when applied to work referred to in paragraph (a), a person who is

(i) knowledgeable about the provisions of this Act and the regulations that apply to the assigned work, and

(ii) knowledgeable about the actual and potential dangers to health and safety associated with the assigned work.

(b) by adding the following definitions in alphabetical order:

“electrical hazard” means a danger of electric shock, arc flash burn, thermal burn or arc blast injury resulting from contact with electrical equipment or failure of that equipment; (danger électrique)

“electrically safe work condition” means, with respect to electrical equipment that operates at 30 VAC or 60 VDC or more, a state in which an electrical conductor or a circuit part has been disconnected from energized parts of the electrical equipment, locked out, tested to ensure the absence of voltage and, if necessary, grounded; (situation de travail sans danger électrique)

“energized” , when applied to electrical equipment, means electrically connected to or a source of voltage;(sous tension)

83The heading “Qualifications requises pour travailler pour travailler sur un équipement électrique sous tension ou une ligne électrique sous tension” preceding section 287 of the French version of the Regulation is repealed and the following is substituted:

Qualifications requises pour travailler sur un équipement électrique sous tension, une ligne électrique sous tension ou un équipement de ligne électrique

84Section 287.1 of the Regulation is amended

(a) in subsection (1) by striking out “containing energized electrical equipment with exposed parts is marked with conspicuous warning signs” and substituting “containing an electrical hazard is marked with conspicuous warning signs, symbols or tags”;

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

287.1(2)An employer shall ensure that no person enters or is permitted to enter a room or other enclosure with electrical hazards unless the person is

(a) a qualified person, or

(b) an employee who enters the room or enclosure to complete a duty not involving an electrical hazard and the employee is instructed and trained in the electrical hazards.

85Section 287.3 of the Regulation is repealed and the following is substituted:

287.3(1)An employer shall ensure that electrical equipment has a means of isolating its energy source and that the energy source is

(a) lockable,

(b) situated in a location that is familiar to all employees, and

(c) properly identified.

287.3(2)An employer shall provide a safety lock and key to a qualified person who may be required to lock out the electrical equipment.

287.3(3)An employer shall establish a written lock out procedure for electrical equipment and ensure that a qualified person who may be required to lock out the electrical equipment is adequately instructed and trained to lock out the electrical equipment.

287.3(4)An employer shall ensure that before a qualified person works on electrical equipment

(a) an electrically safe work condition is established, and

(b) each qualified person who will be working on the electrical equipment

(i) verifies that an electrically safe work condition is established,

(ii) locks out the electrical equipment using the safety lock and key provided by the employer, and

(iii) puts a non-conductive tag on the safety lock that contains

(A) words directing persons not to start or operate the electrical equipment,

(B) the qualified person’s printed name and signature, and

(C) the date and time when the tag was put on the safety lock.

287.3(5)Before working on electrical equipment, a qualified person shall verify that the requirements set out in subsection (4) have been complied with.

287.3(6)No person shall remove a safety lock or tag on electrical equipment except

(a) the person who installed the safety lock or tag, or

(b) in an emergency or, when attempts are made to contact the person referred to in paragraph (a) and the person is not available, a qualified person designated by the employer.

86Section 287.4 of the Regulation is repealed and the following is substituted:

287.4(1)An employer and a qualified person shall each ensure that all testing and troubleshooting of electrical equipment is conducted in an electrically safe work condition.

287.4(2)An employer and a qualified person shall each ensure that the instruments, equipment and accessories used to test and troubleshoot electrical equipment are in good working condition and are rated for the circuits and electrical equipment to be worked on.

287.4(3)When the circumstances do not permit an electrically safe working condition to be established before working on or near energized exposed parts of electrical equipment, an employer shall ensure the work is carried out by a qualified person and the employer and qualified person shall each ensure that a code of practice referred to in section 287.41 is established.

87The Regulation is amended by adding after section 287.4 the following:

Code of practice

287.41(1)A code of practice for work on or near energized exposed parts of electrical equipment shall be in writing and shall contain the following information:

(a) clearly established responsibilities and accountabilities for each person who may be exposed to electrical hazards;

(b) a description of the circuit and electrical equipment to be worked on, their location, the work to be performed and the electrical hazards and other associated risks;

(c) a justification for why the work needs to be performed in an energized condition;

(d) the safe work procedures to be followed;

(e) the voltage to which persons will be exposed;

(f) a description of the personal protective equipment and other protective equipment to be used; and

(g) a description of the means employed to restrict the access of unqualified persons to the work area.

287.41(2)An employer shall use CSA Standard Z462-15, “Workplace electrical safety” or a standard offering equivalent or better protection as a guide for the selection of personal protective equipment and other protective equipment that employees are required to use.

287.41(3)Before commencing work on or near energized exposed parts of electrical equipment, an employer or a contractor shall inform the employees involved in the work of the content of the code of practice and the supervisor shall document the communication of the information.

287.41(4)The requirements of subsection (3) apply whenever there is a change in the employees involved in the work on or near energized exposed parts of electrical equipment.

287.41(5)Whenever there is a change in the electrical equipment, an employer and a contractor shall each ensure that a new code of practice is established for the electrical equipment that contains the information set out in subsection (1).

287.41(6)An employer shall ensure that a copy of the code of practice is readily available to employees.

287.41(7)An employee shall comply with the code of practice and an employer shall ensure that employees comply with the code of practice.

88Section 287.6 of the Regulation is repealed and the following is substituted:

287.6An employer shall ensure that electrical equipment that is no longer in use

(a) is de-energized and removed, or

(b) if left in place, is tagged as no longer in use, and

(i) is locked out,

(ii) its conductors are disconnected and effectively grounded, or

(iii) its conductors are disconnected and removed.

89Subsection 304(2) of the Regulation is repealed and the following is substituted:

304(2)An employer shall ensure that a diver is trained to the minimum level as set out in subsection 8(2) of New Brunswick Regulation 2004-130 under the Act and holds a valid certificate issued by an agency referred to in subsection 8(3) of that Regulation in respect of that training.

90Paragraph 325e) of the French version of the Regulation is amended by striking out “contenants de gaz comprimé portatifs” and substituting “contenants portatifs de gaz comprimé”.

91The Regulation is amended by adding after section 342 the following:

XX.1

LABORATORY SAFETY

Definitions

342.1The following definitions apply in this Part.

“laboratory fume hood” means an enclosed and mechanically ventilated workspace that is located in a laboratory and is designed (hotte de laboratoire)

(a) to draw air into the workspace and to prevent or minimize the escape of air contaminants out of the workspace, and

(b) to allow an employee to conduct physical, chemical and biological manipulations inside the workspace.

“operational face opening” means an opening in a laboratory fume hood through which an employee may conduct work inside the hood.(ouverture frontale opérationnelle)

“sash” means a vertical or horizontal panel on a laboratory fume hood that defines the operational face opening and provides a protective barrier between the employee conducting work inside the hood and the contents of the hood.(fenêtre coulissante)

Laboratory Fume Hoods

Compliance with CSA standard

342.11(1)An employer shall ensure that a laboratory fume hood installed on or after the commencement of this section is selected, used, tested and maintained in accordance with CSA Standard Z316.5:20 “Fume hoods and associated exhaust systems” or a standard offering equivalent or better protection.

342.11(2)An employer shall ensure that a laboratory fume hood installed before the commencement of this section meets the requirements of Clause 10.3 of CSA Standard Z316.5:20 “Fume hoods and associated exhaust systems” or a standard offering equivalent or better protection.

Face velocities

342.2An employer shall ensure that a laboratory fume hood meets the following requirements:

(a) the laboratory fume hood is connected to a local exhaust ventilation system;

(b) the average face velocity across the operational face opening of the laboratory fume hood is 0.4 m/s to 0.6 m/s;

(c) the face velocity is not less than 80% of the average face velocity required under paragraph (b) at any point across the operational face opening of the laboratory fume hood; and

(d) the face velocity is not more than 120% of the average face velocity required under paragraph (b) at any point across the operational face opening of the laboratory fume hood.

Sash

342.21An employer shall ensure that a laboratory fume hood has a sash that is positioned to protect the upper body and face of an employee working in the laboratory fume hood from accidental releases of the contents of the hood while allowing hand and arm access to equipment inside the hood.

Operational face opening

342.22An employer shall ensure that a laboratory fume hood with a sash is clearly marked to identify the minimum and maximum size of its operational face opening.

Testing

342.3(1)With respect to testing, an employer shall ensure that

(a) in the case of a commercially manufactured laboratory fume hood, the fume hood is certified as being tested by the manufacturer following its installation but prior to its first use, and

(b) in the case of a custom-built laboratory fume hood, the fume hood is tested on site by a competent person following its installation but prior to its first use.

342.3(2)A laboratory fume hood tested under subsection (1) shall demonstrate containment not greater than the control level of 0.05 ppm when tested under "as manufactured" test conditions in accordance with the methods described in ANSI/ASHRAE Standard 110-1995, “Method of Testing Performance of Laboratory Fume Hoods” or a standard offering equivalent or better protection.

Requirements

342.31With respect to a laboratory fume hood, an employer shall ensure that

(a) the installation of the laboratory fume hood is certified by an engineer,

(b) the laboratory fume hood is placed in such a way as to prevent cross drafts or other disruptive forces from lowering the face velocity across its operational face opening to unacceptable levels, and

(c) the laboratory fume hood and its ductwork are constructed from materials compatible with their use.

Safety procedures

342.32An employer shall ensure that safety procedures are established and employees are adequately instructed and trained in the safe use and operation of a laboratory fume hood.

Use of laboratory fume hoods

342.4(1)An employer shall ensure that a laboratory fume hood that is or will be used for working with the following is clearly labelled with the applicable restrictions on its use:

(a) radioactive material in amounts that exceed the exemption quantity; or

(b) perchloric acid.

342.4(2)An employer shall ensure that a laboratory fume hood is not used for storage of chemicals unless it is used exclusively for this purpose and is labelled with this limitation.

Controls

342.41An employer shall ensure that the controls used to operate a laboratory fume hood and its service fixtures are located on the outside of the laboratory fume hood and within reach of an employee conducting work in the laboratory fume hood.

Water taps

342.42Despite section 342.41, water taps may be located inside a laboratory fume hood if the main shutoff valve for the water is located outside the laboratory fume hood.

Equipment

342.5An employer shall ensure that the equipment used in a laboratory fume hood is kept at least 15 cm from the operational face opening and is not adversely affecting airflow in the laboratory fume hood.

Airflow and containment monitoring

342.51(1)An employer shall ensure that the face velocities across the operational face opening of a laboratory fume hood are quantitatively measured and the results of the measurement are documented.

342.51(2)An employer shall ensure that the capability of a laboratory fume hood to contain air contaminants and maintain an inward flow of air across its operational face opening is assessed using a smoke tube or any other appropriate qualitative method of assessment and that the method used and the results of the assessment are documented.

342.51(3)An employer shall ensure that the measurements and assessments referred to in subsections (1) and (2) are performed

(a) after the laboratory fume hood is installed and before it is first used,

(b) at least once in each 12-month period after installation, and

(c) after any repair or maintenance that could affect the face velocity across the operational face opening of the laboratory fume hood.

342.51(4)An employer shall ensure that airflow in a laboratory fume hood is monitored continuously if loss of airflow will result in risk to the health or safety of an employee.

342.51(5)An employer shall ensure that a laboratory fume hood is equipped with an alarm capable of indicating when the average face velocity falls below the minimum average face velocity required in paragraph 342.2(b) when the laboratory fume hood is in use.

Manifolded exhaust system

342.52(1)Laboratory fume hoods may be connected to a manifolded exhaust system if the following conditions are satisfied:

(a) the requirements of section 5.3.2 of ANSI/AIHA Standard Z9.5-2003, “Laboratory Ventilation” or a standard offering equivalent or better protection are met;

(b) when the laboratory fume hoods are installed in more than one room, hazard control measures are installed to prevent backdrafts and pressure imbalances between rooms; and

(c) the ventilation design and installation of the manifolded exhaust system are certified by an engineer.

342.52(2)Despite subsection (1), an employer shall ensure that laboratory fume hoods that are or will be used for working with the following are not connected to a manifolded exhaust system:

(a) radioactive materials in amounts that exceed the exemption quantity; or

(b) perchloric acid.

Ducting

342.6An employer shall ensure that ducting used in the installation of a laboratory fume hood is designed in accordance with good engineering practices.

Laboratory Equipment

Biological safety cabinets

342.61(1)An employer shall ensure that the limitations of a biological safety cabinet are clearly posted on the cabinet and followed by employees.

342.61(2)An employer shall ensure that biological safety cabinets are certified by a competent person

(a) at least once a year, and

(b) before they are used following:

(i) the initial installation;

(ii) a change of the HEPA (high efficiency particulate air) filter;

(iii) the moving of the cabinet; and

(iv) any repair or maintenance that could affect the seal of the HEPA (high efficiency particulate air) filter.

342.61(3)With respect to certification, an employer shall ensure that

(a) the certification procedures used by a competent person under subsection (2) meet the requirements of NSF/ANSI Standard 49-2002, “Class II (Laminar Flow) Biosafety Cabinetry” or a standard offering equivalent or better protection, and

(b) the certification records are maintained and made available to an officer on request.

342.61(4)Recirculation of exhaust air into a work area from a biological safety cabinet is not permitted when volatile toxic materials or flammable liquids or gases are used in the cabinet, or when volatile radioactive materials are used in amounts that exceed the exemption quantity.

342.61(5)Biological safety cabinets used for handling biological agents shall be operated and ventilated in accordance with the “Laboratory Biosafety Guidelines” issued and amended from time to time by Health Canada or a standard offering equivalent or better protection.

Centrifuges

342.62(1)With respect to a centrifuge, an employer shall ensure that

(a) the centrifuge loads are balanced by sample distribution in accordance with manufacturer specifications,

(b) the centrifuge is equipped with aerosol-proof safety heads or cups or other equally effective means to prevent employees from being exposed to biohazardous aerosols, carcinogens and radioactive samples, and

(c) the rotors are stored in a manner which prevents them from being damaged.

342.62(2)On or after September 1, 2025, an employer shall ensure that

(a) unless exempted by CSA Standard C22.2 No. 151-M1986 (R2009), “Laboratory Equipment” or a standard offering equivalent or better protection, the centrifuge door is interlocked to prevent employees from accessing spinning rotors, and

(b) the interlock referred to in paragraph (a) prevents the centrifuge door from opening while the rotor is spinning or causes the rotor to brake if the door is opened, or another equally effective means is used to prevent employees from accessing the spinning rotor.

General

Safety procedures – hazardous operations

342.7With respect to hazardous operations, an employer shall ensure that

(a) written safe work procedures for hazardous operations, including spill response, are established,

(b) employees are adequately instructed and trained in the safe work procedures for hazardous operations, and

(c) employees follow the safe work procedures for hazardous operations.

Fire protection

342.71An employer shall ensure that suitable fire extinguishers are accessible at all times in a laboratory where flammable substances are used or stored.

Movement of containers

342.72 An employer shall ensure that a container of hazardous substances that is moved within a laboratory is moved in a manner that does not damage the container.

Personal protection

342.8 With respect to the protection of employees, an employer shall ensure that

(a) protective clothing worn in a laboratory in which hazardous substances are handled is not worn outside the work area and is not stored in a manner or location in which employees may be exposed to the hazardous substances,

(b) eating and drinking are not permitted in the laboratory,

(c) food is not kept in the laboratory, except as required for testing,

(d) laboratory glassware, vessels and containers are not used to prepare or store food or beverages for consumption, and

(e) hazardous substances are not pipetted by mouth.

Perchloric Acid

342.81 With respect to the use of perchloric acid in a laboratory fume hood, an employer shall ensure that

(a) perchloric acid is used in a laboratory fume hood designed exclusively for its use,

(b) signs are posted outside the laboratory fume hood indicating

(i) that the fume hood is designed for perchloric acid use, and

(ii) that the use or storage of combustibles in the laboratory fume hood is prohibited,

(c) the exhaust ducts of a laboratory fume hood are as short as possible, routed directly outdoors with no interconnections to other exhaust ducts and equipped with washdown facilities,

(d) containers of perchloric acid are stored in such a manner that, in the event of a leak, the spilled acid will not come in contact with flammable materials, wood or similar combustible materials,

(e) the stored perchloric acid is inspected at least once a month and, if any discolouration is noted, the perchloric acid is disposed of immediately in a safe manner, and

(f) anhydrous perchloric acid is used only if it is freshly made and any unused anhydrous perchloric acid is disposed of in a safe manner either at the end of the experiment or procedure or the end of the day, whichever occurs first.

Picric Acid

342.82With respect to picric acid, an employer shall ensure that

(a) solid picric acid is stored with at least 10% moisture content,

(b) regular inspections are conducted to ensure that the minimum moisture content is maintained,

(c) picric acid solution does not accumulate and dry around cap threads, and

(d) picric acid that is suspected of being in an unacceptable condition is safely handled and disposed of by a competent employee.

Peroxide-forming compounds

342.9With respect to peroxide-forming compounds, an employer shall ensure that

(a) peroxide-forming compounds are inspected and tested for peroxides as required by the supplier after the container is first opened,

(b) written records of the tests are maintained and made available to an officer on request, and

(c) compounds contaminated with peroxide materials are disposed of by a competent employee or are treated chemically to eliminate the peroxides.

Cryogenic liquids

342.91 With respect to cryogenic liquids, an employer shall ensure that

(a) containers used for the storage, transportation and dispensing of cryogenic liquids are designed for that purpose,

(b) indoor dispensing stations and storage locations for cryogenic liquids are adequately ventilated to prevent the development of harmful atmospheres,

(c) monitoring is performed to ensure the effectiveness of the ventilation of indoor dispensing stations and storage locations for cryogenic liquids and the results are documented, and

(d) signs are posted on indoor dispensing stations and freezers with automatic filling cycles for cryogenic liquids identifying the materials, the hazards and the precautions required.

Sharp materials

342.92With respect to sharp materials, an employer shall ensure that

(a) safe means of handling needles, knives, scissors, scalpels, broken glass and other sharp materials are used,

(b) recapping of needles before disposal is not permitted unless the recapping device is specifically designed for single-handed use, or is otherwise safe for use, and

(c) biohazard sharp puncture–resistant containers are used for the disposal of needles, knives, scissors, scalpels, broken glass and other sharp materials to prevent the possibility of cuts or puncture.

92Subparagraph 346(b)(i) of the Regulation is amended by striking out “(Reaffirmed 2019)” and substituting “(R2019)”.

93Subsection 348(1) of the Regulation is amended by striking out “(Reaffirmed 2021)” and substituting “(R2021)”.

2022-79 - Occupational Health and Safety Act

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