Canada Labour Code, Part II
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 6 – Safety Materials, Equipment, Devices and Clothing
Part 7 – Temperature and Lighting *NEW
Part 10 – Hazardous Occurrences Investigation,
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
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)
- 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)
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:
https://tc.canada.ca/en/aviation/commercial-air-services/aviation-occupational-health-safety
All AOHS publications may also be ordered by calling:
North America: 1-888-830-4911
National Capital Region: (613) 991-4071