Amendment to the Aviation Occupational Health and Safety Regulations

Canada Labour Code, Part II

Amendment to the Aviation Occupational Health and Safety Regulations

Introduction

  • Background – Historical Development
  • Working Principles
  • Fundamentals: Prescription, Application, Records/Reports, and Provisions
  • Aviation Occupational Health and Safety Regulations (AOHSR) – Part 1 to Part 10

Background

  • 1995 – 1998 tri-partite: Employers and employees
  • 1998 – 2006: Layperson version to legal version
  • Harmonization with Canada Occupational Health and Safety Regulations (COHSR) and de-personalize references
  • Meet technology changes and industry standards

Working Principles

  • Voluntary Compliance – Assurance of Voluntary Compliance
  • MOU with HRSDC – Labour Program
  • Internal Civil Aviation Safety Inspectors coordination
    • Commercial and Business Aviation  (CBA)
  • The three Cs – Communication, Cooperation, Coordination

Parts

Part 1 – General

Part 2 – Level of Sound

Part 3 – Electrical Safety

Part 4 – Sanitation

Part 5 – Hazardous Substances

Part 6 – Safety Materials, Equipment, Devices and Clothing

Part 7 – Temperature and Lighting *NEW

Part 8 – Materials Handling

Part 9 – First Aid

Part 10 – Hazardous Occurrences Investigation,
Recording and Reporting

Part 1 - General

Interpretation

    • CSA and oxygen deficient atmosphere
    • Standard incorporated by reference
    • Provision within standard that is incorporated by reference
  • Records and Reports – inclusion of Work Place Committee and Health and Safety Representative

Subsections 1.1(1),(2),(3), Section 1.3

Part 2 – Level of Sound

Interpretations

  • A-weighted sound pressure level
  • dBA
  • Noise exposure level (Lex8)
  • Sound level meter
  • Sound pressure level

Section 2.1

Measurement and Calculation of Exposure

  • Instrument
    • CSA Standard CAN/CSA-Z107.56-06 clause 4.3
    • Certified by a body accredited by Standards Council of Canada
  • Sound exposure measured in accordance with CAN/CSA-Z107.56-06
  • Measurement and calculation of exposure shall take into account
    A-weighted levels of 84dBA and greater
  • Measurement and calculation of exposure may consider levels less than 84dBA

Subsections 2.2(1),(2),(3),(4)  

Hazard Investigation

  • Exposure period = or > 84dBA – harmful
    • Investigate
    • Notify Occupational Health and Safety (OHS) committee or OHS representative
    • Measurement taken immediately

Subsections 2.3(1),(2) 

Hazard Investigation shall consider:

  • Sources of sound
  • Likely exposure and duration
  • Reduction methods
  • Likely to exceed limits addressed in 2.4
  • Likely exposure level Lex8 = or > 84dBA

Subsection 2.3(3)

Hazard Investigation Written Report

  • Consult Work Place Committee or the OHS Representative
  • Investigation report contains observations/recommendations relative to compliance with 2.3(3), 2.4 and 2.8
  • Hearing protectors – between 84dBA and 87dBA
  • Report kept for 10 years after report date
  • Report indicates levels likely > or = 84dBA
    • Inform hazard information
    • Report readily available and post

Subsections 2.3(4),(5),(6) 

Limits of exposure

  • Exposure limits during a 24 hour period
    • Schedule – sound pressure level column 1 not to exceed exposure duration column 2
    • Limit of exposure exceeding 87dBA (Lex8)

Section 2.4

  • Schedule on Sound Pressure Levels

Section 2.4

Reduction of Sound Exposure

  • Reduce sound levels where reasonably practicable (not using hearing protection)
  • Written report with justification to:
    • CASI-OHS
    • Work place committee or health and safety representative

Sections 2.5, 2.6

Hearing Protection

    • Provide hearing protection where exposure is not controlled within Schedule limits
    • Hearing Protectors meet Standards: Standards Council of Canada and CSA
    • Formulate and Implement training program for hearing protectors – fit, care, use
  • Warning Signs – likely exceed limits in Schedule – written warning and signage

Sections 2.7, 2.8

Part 3 – Electrical Safety

In-Flight Maintenance

  • Operated and maintained standards of airworthiness – Aeronautics Act

Safety procedure clarified

  • Equipment separated or disconnected from energy fields (isolated)

Safety Procedures

  • Mark, tag and report

Sections 3.2, 3.5, 3.8

Part 4 – Sanitation

General

  • “Personal service room” replaced by “washroom”
  • Employee washroom where reasonably practicable
  • Air contamination prevention in working procedures
  • Steps to eliminate vermin

Section 4.1, Subsections 4.2(4), 4.3(3), Section 4.8

Washbasins

  • Hot water provided – maintained at not more than 43 degrees Celsius
  • No hot water – provide antiseptic agent

Potable water

  • Meet microbiological quality guidelines set out in Guidelines for Canadian Drinking Water Quality published by Health Canada

Subsections 4.9(3),(4), Paragraph 4.10(2)

Preparation, Handling, Storage and Serving of Food

  • Food Storage conditions – prevent food from becoming a hazard for consumption

Food Waste and Garbage

  • Leak-proof, non-absorptive easily-cleaned, container with tight-fitting covers
  • Stored in separate enclosed area or container
  • Removed frequently

Sections 4.15, 4.19

Crew Eating Area

  • Clean and sanitary eating area

Reusable Equipment

  • Clean and sanitary reusable equipment

Sections 4.20, 4.21

Part 5 – Hazardous Substances

Interpretation

  • Hazard information – definition includes proper disposal of hazardous substances (HS)
  • Readily available – electronic or other

Section 5.1

Division 1 – General

  • Keep and maintain records at each work place or centralized location

Hazard Investigation

  • Work place committee or health and safety representative participates

Criteria of the Hazardous Substance

  • Acute/chronic effects
  • Stored, used, handled, disposed
  • Concentration/level of HS
  • Concentration/level ionizing or non-ionizing radiation – values 5.19

Section 5.3, Paragraphs 5.4(1)(b),(2)(c),(e,)(g),(h)

Hazard Investigation Report

  • Consult with Work Place Committee or the OHS Representative
  • Compliance with criteria addressed in 5.4(2); include sampling and testing methods
  • Develop and implement written procedures for control of concentration or level
  • Report kept for 30 years from signature date

Subparagraph 5.5(a)(ii), Paragraph 5.5(b), Section 5.6

Medical Examinations

  • Report indicates likely exposure – employer shall consult physician
  • Medical exam necessary – exposure consequences outweigh personal intrusiveness

Subsections 5.7(1),(2)  

Medical Examinations

  • Physician shall determine fit or fit with restrictions taking into account:
    • Investigation report 5.4(2)
    • Likely effects of handling hazardous substances to employee’s health and others
    • Capacity of the employee to perform the work
    • Physician determines fit with restrictions – employer complies with work restrictions

Subsection 5.7(3), Paragraphs 5.7(4)(a),(b), Subsection 5.7(5)

  • Limited quantities on board, if practicable

Warning signs of hazardous substances

  • Posted on board aircraft
  • Precautionary measures

Sections 5.11, 5.12

Employee Education

  • Consultation with policy committee, if exists
  • Address hazard prevention and control
  • If electronic version of Material Safety Data Sheet (MSDS), instruct on how to access
  • Keep written or electronic record of instruction and training for each employee
  • Keep record for 2 years after employee ceases to handle substance

Subsection 5.13(1), Paragraph 5.13(2)(c), Section 5.14

Control of Hazards

  • Air sampling taken in accordance with TLVs and BEIs
  • Chemical agent not listed – use scientifically proven method
  • Chemical agent results – written/electronic records kept
    for 3 years
  • Automated warnings/detection systems where warranted,
    if reasonably practicable

Subsection 5.16(2), Paragraph 5.16(2)(b), Subsection 5.16(3), Section 5.18

Ionizing and Non-ionizing Radiation

  • Safety Code 6 – Department of Health
  • Radiation Protection Regulations

Section  5.19

Division 3 – Controlled Products

Application

  • Newly defined “manufactured article” – not released or exposed to controlled product under normal conditions
  • Newly defined “hazardous waste” – recycling or recovery

Paragraphs 5.23(c),(d)

Division 3 – Controlled Products – Supplier MSDS

Non Application

  • Explosives within the meaning of the Explosives Act
  • Food and Drugs Act – cosmetic
  • Pest Control Products Act
  • Nuclear Safety and Control Act – nuclear substances
  • Part II of Schedule 1 Hazardous Products Act – packaged as a consumer product

If Supplier MSDS is three years old or more, employer shall, if practicable, obtain an updated version

Subsections 5.24(1),(3)

Division 3 – Controlled Products

  • Electronic MSDS – available, accessible, maintained, provide instruction

Labels

  • Bulk shipments – accompanied by supplier label
  • Inner container – supplier or work place labels applied by employer

Subsections 5.26(2), 5.27(1),(2)

Part 6 – Safety Materials, Equipment, Devices and Clothing

Priorities

    • Eliminate
    • Control hazard
    • Provide protection equipment
  • Word ‘hazard’ changed to ‘risk’ throughout 6.4 to 6.9
  • Protective Footwear
    • Certification body accredited by Standards Council of Canada & CSA standards

Section 6.1, Subsection 6.5(1)

Eye and Face Protection

  • Certification body accredited by Standards Council of Canada & CSA standards

Respiratory Protection

  • Risk airborne hazardous substance or oxygen deficient atmosphere
  • Manufacturer’s Specifications – selected, fitted, used, maintained
  • Minimum capacity for employees – 15 minutes

Sections 6.6, 6.7

Clothing

  • Temperatures not maintained – suitable clothing worn
  • Consultation with policy committee/work place committee or OHS Representative – uniform
  • Uniform components and fabric

Sections 6.12, 6.13 

Part 7 – Temperature and Lighting    *NEW

  • Temperature on board an aircraft within 18 and 29 degrees C, if reasonably practicable

Section 7.1

Part 8 – Materials Handling

Interpretation

  • Materials handling equipment – auxiliary, rigging,
    mobile equipment
  • Operator – controls equipment, trained
  • Safe working load – design, construction, support safely – operation

Section 8.1

  • Inspection, testing and maintenance instruction reports – one year

Operator’s training

  • In accordance with manufacturer’s instructions – work place conditions and physical capabilities
  • Training record kept – three years from training day

Paragraph 8.3(5)(b), Paragraph 8.5(1)(b), Subsection 8.5(2)

Manual handling of material

  • Manual handling considerations: frequency, duration, distance, gradient, environmental conditions

Instruct and train for manual handling loads > 10kg

  • Minimize stress
  • Work place and employee’s physical capabilities
  • Make instructions and training materials readily available - examination

Subsections 8.9(2), 8.10(1),(2)

Storage of materials

  • Not subject to excessive strain
  • Minimize risk to health or safety

Section 8.13

Part 9 – First Aid

Definitions

  • First aid attendant
  • Health unit
  • Incapacitated
  • Medical treatment facility

Section 9.1

First Aid Attendant

  • “If there are three or more employees on board an aircraft, at least one of whom is not a flight crew member, one of them shall be a first aid attendant”

Section 9.3

First Aid Attendant

  • Access to first aid kit
  • First aid to incapacitated employee
  • Accompany to health unit/medical treatment facility
  • Take precedence over others who are not trained
  • Treatment complete or under other qualified care

Section 9.4

First Aid Attendant Training Requirements

  • 2 hours or less – *basic first aid course or first aid for flight attendants
  • More than 2 hours – *standard first aid course or first aid for flight attendants
  • Flight attendant first aid course – required elective elements

Subsections 9.5(1),(2),(3)

First Aid Attendant Training Requirements

  • Course instructors trained from an organization approved by HRSDC-Labour Minister
  • Basic and standard first aid certifications for flight attendants – valid for three year on their date of issue

Subsections 9.5(4),(5)

Teaching First Aid

  • Organizations wanting to offer courses or instructional courses – apply to the HRSDC-Labour Minister

Application to include:

  • Description of course
  • Specialized first aid - employer’s report that identifies requirements
  • Specialized first aid approved if training program in line with employer’s report requirements and appropriate for work place
  • Basic and standard first aid – first aid training program – elements from Schedule 1

Subsections 9.6(1),(2),(3),(4),(5)

Teaching First Aid

  • Organizations letter of approval – valid five years from date of issue
  • Minister may cancel approval of organizations
    • No longer meet training elements or appropriate to the work place

Subsections 9.6(6),(7),(8)

 

Section 9.5 & 9.6
  • Prescription drugs – not stored in first aid kits or with additional supplies

First aid supplies and equipment – employees and kits

  • 5 or less: one first aid kit
  • 6 to 19: two first aid kits
  • 20 or more: three first aid kits

Section 9.7(2), Subsections 9.8(1),(2),(3)

First Aid Kit – Type Required

  • No flight attendants: Type A – Schedule 2
  • 1 or more flight attendants: Type B – Schedule 2
  • 3 or more employees: additional supplies – Schedule 3
  • 200 seats or more: one additional Type B for each 200 seats

Subsections 9.8(4),(5),(6),(7)

Section 9.8 (4)

Transportation (for incapacitated)

  • Employer provides ambulance service or other transportation to health or medical facility
  • Relieved of duties as soon as possible

Communication of Information (available to all employees)

  • Information on first aid for any incapacity
  • Information – transportation procedures

Sections 9.9, 9.10

Records

  • Means to record first aid rendered
  • Witnesses names
  • Record reported to employer – first opportunity
  • Record kept for two years – date of entry
  • Records kept confidential – exception Part 10
  • Record provided to employee – provincial authority or physician request
  • Record of expiry dates certificates, certifications

Subsection 9.11(1), Paragraph 9.11(2)(vii), Subsections 9.11(3),(4),(5),(6),(7)

Part 10 – Hazardous Occurrences Investigation,
Recording and Reporting

Interpretation

  • Regional office – means Department of Transport
  • Report by an employee – where occurrence is likely to cause injury
  • Investigation – employer notifies work place committee or the OHS Representative of:
    • proposed investigation
    • qualified person’s name for participation in the investigation

Sections 10.1, 10.2, Paragraph 10.3(b)

Telecommunication report – within 24 hours to CASI-OHS

  • Loss of, or loss of use of, body member or part of body member
  • Permanent impairment of body function
  • Fire

Written report

  • Electric shock, toxic or oxygen deficient atmosphere causing employee loss of consciousness
  • The rescue, revival or other emergency and procedure affecting employee

Annual report – contain information – Schedule 2

Report retention – 5 years

Subparagraphs 10.4(c),(d),(e)

Subparagraphs 10.6(1)(b),(c), Subsection 10.7(2),  Subparagraph 10.8(a)

For additional information please contact your regional AOHS office by accessing the AOHS website:

http://www.tc.gc.ca/eng/civilaviation/standards/commerce-ohs-menu-2059.htm

All AOHS publications may also be ordered by calling:

North America: 1-888-830-4911

National Capital Region: (613) 991-4071

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