Acts and Regulations

91-191 - General

Section 51
Disposition versions

Full text
Water and other liquid safety
51(1)The following definitions apply in this section.
“automatically inflatable personal flotation device” means a device that provides buoyancy through an automatic inflation mechanism with an oral inflation system as a back-up and when worn correctly supports a conscious employee in an upright or backward leaning position, but is not designed to turn an employee from a face-down to a face-up position in the water;(vêtement de flottaison individuel auto-gonflable)
“life jacket” means an inherently buoyant device that when worn correctly supports a conscious or unconscious employee in an upright or backward leaning position and is designed to turn an employee from a face-down to a face-up position in the water;(gilet de sauvetage)
“personal flotation device” means an inherently buoyant device that when worn correctly supports a conscious employee in an upright or backward leaning position, but is not designed to turn an employee from a face-down to a face-up position in the water, and includes devices that are designed to protect an employee against hypothermia.(vêtement de flottaison individuel)
51(2)If an employee is exposed to a risk of drowning, an owner of a place of employment, an employer and a contractor shall each ensure the employee uses one of the following:
(a) a fall-protection system;
(b) a life jacket that is approved by Transport Canada or by an agency permitted by Transport Canada to approve it;
(c) a personal flotation device that is approved by Transport Canada or by an agency permitted by Transport Canada to approve it;
(d) an automatically inflatable personal flotation device that is approved by Transport Canada or by an agency permitted by Transport Canada to approve it; or
(e) a personal safety net that conforms to the requirements of section 49.8.
51(3)The shell of a life jacket or flotation device referred to in paragraphs (2)(b) to (d) shall be bright yellow, orange or red and have retro-reflective material fitted on surfaces normally above the surface of the water.
51(4)Despite subsection (2), an employee shall wear a life jacket when
(a) working alone, or
(b) there are insufficient resources to provide a quick and effective rescue.
51(5)An employer and a contractor shall each ensure that an employee wears a life jacket or flotation device referred to in paragraphs (2)(b) to (d) when being transported in a boat.
51(6)If an employee works on ice and the water under the ice is more than 1 m in depth, an employer and a contractor shall each test the ice before beginning any work and after as necessary to ensure that the ice will support any load placed on it.
51(7)If an automatically inflatable personal flotation device is used, the employer and the employee shall each ensure that
(a) the device is inspected and maintained by a competent person in accordance with the manufacturer’s specifications, and
(b) the date and details of the inspection and maintenance are recorded.
51(8)If an employee may fall into water or any other liquid and may require assistance to return to a place of safety, an employer and contractor shall each ensure that a copy of emergency procedures is posted at the place of employment, and which copy shall contain
(a) a full description of the emergency procedures, including the responsibilities of all employees granted access to the place of employment; and
(b) the location of any emergency equipment and the name of the employee designated to operate the equipment.
51(9)Emergency procedures shall include the following, as applicable:
(a) with regards to water or another liquid,
(i) its temperature,
(ii) its depth, and
(iii) its flow;
(b) any water traffic;
(c) the distance to the rescue boat;
(d) the distance to reach an employee;
(e) any projections or objects beneath the surface;
(f) any visibility issues;
(g) the time of day; and
(h) any adverse weather conditions.
51(10)If an employee may fall into water or any other liquid and may require assistance to return to a place of safety, an employer and contractor shall each ensure that
(a) appropriate emergency equipment is ready to be used,
(b) a person who is competent to operate the emergency equipment is readily available to provide assistance, and
(c) an alarm system is provided to signal the need for a rescue.
51(11)An employer and a contractor shall each ensure that an employee wears a life jacket or a personal flotation device when participating in a rescue.
51(12)If an employer or contractor provides a boat for use in an emergency, the employer or contractor shall ensure
(a) that the rescue boat is equipped with a life ring or buoy that is attached to 30 m of rope and a boat hook, and
(b) that the rescue boat is motorized if the water is likely to be rough or swift.
97-121; 2001-33; 2010-159; 2020-35
Water and other liquid safety
51(1)The following definitions apply in this section.
“automatically inflatable personal flotation device” means a device that provides buoyancy through an automatic inflation mechanism with an oral inflation system as a back-up and when worn correctly supports a conscious employee in an upright or backward leaning position, but is not designed to turn an employee from a face-down to a face-up position in the water;(vêtement de flottaison individuel auto-gonflable)
“life jacket” means an inherently buoyant device that when worn correctly supports a conscious or unconscious employee in an upright or backward leaning position and is designed to turn an employee from a face-down to a face-up position in the water;(gilet de sauvetage)
“personal flotation device” means an inherently buoyant device that when worn correctly supports a conscious employee in an upright or backward leaning position, but is not designed to turn an employee from a face-down to a face-up position in the water, and includes devices that are designed to protect an employee against hypothermia.(vêtement de flottaison individuel)
51(2)If an employee is exposed to a risk of drowning, an owner of a place of employment, an employer and a contractor shall each ensure the employee uses one of the following:
(a) a fall-protection system;
(b) a life jacket that conforms to CGSB standard CAN/CGSB-65.7-M88, “Life Jackets, Inherently Buoyant Type”;
(c) a personal flotation device that conforms to CGSB standard CAN/CGSB-65.11-M88, “Personal Flotation Devices”;
(d) an automatically inflatable personal flotation device that meets UL1180-95, “Fully Inflatable Recreational Personal Flotation Devices”; or
(e) a personal safety net that conforms to the requirements of section 49.8.
51(3)The shell of a life jacket or flotation device referred to in paragraphs (2)(b) to (d) shall be bright yellow, orange or red and have retro-reflective material fitted on surfaces normally above the surface of the water.
51(4)Despite subsection (2), an employee shall wear a life jacket when
(a) working alone, or
(b) there are insufficient resources to provide a quick and effective rescue.
51(5)An employer and a contractor shall each ensure that an employee wears a life jacket or flotation device referred to in paragraphs (2)(b) to (d) when being transported in a boat.
51(6)If an employee works on ice and the water under the ice is more than 1 m in depth, an employer and a contractor shall each test the ice before beginning any work and after as necessary to ensure that the ice will support any load placed on it.
51(7)If an automatically inflatable personal flotation device is used, the employer and the employee shall each ensure that
(a) the device is inspected and maintained by a competent person in accordance with the manufacturer’s specifications, and
(b) the date and details of the inspection and maintenance are recorded.
51(8)If an employee may fall into water or any other liquid and may require assistance to return to a place of safety, an employer and contractor shall each ensure that a copy of emergency procedures is posted at the place of employment, and which copy shall contain
(a) a full description of the emergency procedures, including the responsibilities of all employees granted access to the place of employment; and
(b) the location of any emergency equipment and the name of the employee designated to operate the equipment.
51(9)Emergency procedures shall include the following, as applicable:
(a) with regards to water or another liquid,
(i) its temperature,
(ii) its depth, and
(iii) its flow;
(b) any water traffic;
(c) the distance to the rescue boat;
(d) the distance to reach an employee;
(e) any projections or objects beneath the surface;
(f) any visibility issues;
(g) the time of day; and
(h) any adverse weather conditions.
51(10)If an employee may fall into water or any other liquid and may require assistance to return to a place of safety, an employer and contractor shall each ensure that
(a) appropriate emergency equipment is ready to be used,
(b) a person who is competent to operate the emergency equipment is readily available to provide assistance, and
(c) an alarm system is provided to signal the need for a rescue.
51(11)An employer and a contractor shall each ensure that an employee wears a life jacket or a personal flotation device when participating in a rescue.
51(12)If an employer or contractor provides a boat for use in an emergency, the employer or contractor shall ensure
(a) that the rescue boat is equipped with a life ring or buoy that is attached to 30 m of rope and a boat hook, and
(b) that the rescue boat is motorized if the water is likely to be rough or swift.
97-121; 2001-33; 2010-159
Water and other liquid safety
51(1)The following definitions apply in this section.
“automatically inflatable personal flotation device” means a device that provides buoyancy through an automatic inflation mechanism with an oral inflation system as a back-up and when worn correctly supports a conscious employee in an upright or backward leaning position, but is not designed to turn an employee from a face-down to a face-up position in the water;(vêtement de flottaison individuel auto-gonflable)
“life jacket” means an inherently buoyant device that when worn correctly supports a conscious or unconscious employee in an upright or backward leaning position and is designed to turn an employee from a face-down to a face-up position in the water;(gilet de sauvetage)
“personal flotation device” means an inherently buoyant device that when worn correctly supports a conscious employee in an upright or backward leaning position, but is not designed to turn an employee from a face-down to a face-up position in the water, and includes devices that are designed to protect an employee against hypothermia.(vêtement de flottaison individuel)
51(2)If an employee is exposed to a risk of drowning, an owner of a place of employment, an employer and a contractor shall each ensure the employee uses one of the following:
(a) a fall-protection system;
(b) a life jacket that conforms to CGSB standard CAN/CGSB-65.7-M88, “Life Jackets, Inherently Buoyant Type”;
(c) a personal flotation device that conforms to CGSB standard CAN/CGSB-65.11-M88, “Personal Flotation Devices”;
(d) an automatically inflatable personal flotation device that meets UL1180-95, “Fully Inflatable Recreational Personal Flotation Devices”; or
(e) a personal safety net that conforms to the requirements of section 49.8.
51(3)The shell of a life jacket or flotation device referred to in paragraphs (2)(b) to (d) shall be bright yellow, orange or red and have retro-reflective material fitted on surfaces normally above the surface of the water.
51(4)Despite subsection (2), an employee shall wear a life jacket when
(a) working alone, or
(b) there are insufficient resources to provide a quick and effective rescue.
51(5)An employer and a contractor shall each ensure that an employee wears a life jacket or flotation device referred to in paragraphs (2)(b) to (d) when being transported in a boat.
51(6)If an employee works on ice and the water under the ice is more than 1 m in depth, an employer and a contractor shall each test the ice before beginning any work and after as necessary to ensure that the ice will support any load placed on it.
51(7)If an automatically inflatable personal flotation device is used, the employer and the employee shall each ensure that
(a) the device is inspected and maintained by a competent person in accordance with the manufacturer’s specifications, and
(b) the date and details of the inspection and maintenance are recorded.
51(8)If an employee may fall into water or any other liquid and may require assistance to return to a place of safety, an employer and contractor shall each ensure that a copy of emergency procedures is posted at the place of employment, and which copy shall contain
(a) a full description of the emergency procedures, including the responsibilities of all employees granted access to the place of employment; and
(b) the location of any emergency equipment and the name of the employee designated to operate the equipment.
51(9)Emergency procedures shall include the following, as applicable:
(a) with regards to water or another liquid,
(i) its temperature,
(ii) its depth, and
(iii) its flow;
(b) any water traffic;
(c) the distance to the rescue boat;
(d) the distance to reach an employee;
(e) any projections or objects beneath the surface;
(f) any visibility issues;
(g) the time of day; and
(h) any adverse weather conditions.
51(10)If an employee may fall into water or any other liquid and may require assistance to return to a place of safety, an employer and contractor shall each ensure that
(a) appropriate emergency equipment is ready to be used,
(b) a person who is competent to operate the emergency equipment is readily available to provide assistance, and
(c) an alarm system is provided to signal the need for a rescue.
51(11)An employer and a contractor shall each ensure that an employee wears a life jacket or a personal flotation device when participating in a rescue.
51(12)If an employer or contractor provides a boat for use in an emergency, the employer or contractor shall ensure
(a) that the rescue boat is equipped with a life ring or buoy that is attached to 30 m of rope and a boat hook, and
(b) that the rescue boat is motorized if the water is likely to be rough or swift.
97-121; 2001-33; 2010-159
Safety equipment for water and other liquids
51(1)Where an employee is exposed to a risk of drowning, the employee shall use
(a) a life jacket or buoyancy device that conforms to CGSB standard CAN/CGSB-65.7-M88, “Life Jackets, Inherently Buoyant Type”,
(b) an individual fall-arresting system, or
(c) a safety net that conforms to the requirements of subsection 50(2).
51(1.1)Subsection (1) does not apply where a firefighter is engaged in structural fire-fighting.
51(2)Notwithstanding subsection (1), an employee is not required to use the protective equipment referred to in subsection (1) if the employer provides a solid platform with a guardrail and safe access that protects the employee from the risk of drowning.
51(3)Where an employee may fall into water or any other liquid and may require assistance to return to a place of safety, an employer shall ensure that
(a) appropriate emergency equipment is in readiness, and
(b) a person who is competent to operate the emergency equipment is readily available to provide assistance.
51(4)Where an employee may fall into water or any other liquid and may require assistance to return to a place of safety, an employer shall ensure that written emergency procedures are posted at a place of employment that contain
(a) a full description of the emergency procedures including the responsibilities of all those granted access to the place of employment, and
(b) the location of any emergency equipment and persons designated to operate the equipment.
51(5)An employee shall wear a life jacket or buoyancy device referred to in paragraph (1)(a) when being transported in a boat.
51(6)Where an employer provides a rescue boat for use in an emergency procedure, the employer shall ensure that the rescue boat is equipped with at least four life rings or buoys and that each life ring or buoy is attached to 30 m of rope.
97-121; 2001-33