Workplace Health and Safety Regulations

made under Section 82 of the

Occupational Health and Safety Act

S.N.S. 1996, c. 7

O.I.C. 2013-65 (effective June 12, 2013), N.S. Reg. 52/2013

amended to O.I.C. 2024-251 (effective June 18, 2024), N.S. Reg. 119/2024

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.

Part 1: Interpretation and Application

Citation

Definitions for these regulations

Application of these regulations

Duties of parties

Conflict with these regulations

Compliance with standards incorporated by reference

Compliance with policies, procedures, plans and codes of practice

Communicating and updating policies, procedures, plans and codes of practice

Consulting with Committee on policies and procedures

Manufacturer’s specifications and standards for equipment and components

Engineer’s certification required for other use of equipment or components

Inspection and re-certification of equipment

Equipment protected from damage or exposure

Taking equipment out of service

Employer to keep records

Emergency services agencies exemptions for fall protection and rope access work

Emergency services agencies exemptions for temporary highway workplaces

Part 2: Occupational Health

Definitions for Part 2

Conflicts with Part 2

Threshold limit values

Part 3: Workplace Hazardous Materials Information System

Definitions for Part 3

Application

Prohibition

Employer’s duty to inform employees

Employee education and training

Labels

Supplier label

Workplace label for employer-produced products

Workplace label for decanted products

Identification of hazardous product in piping systems and vessels

Placard identifiers

Hazardous laboratory sample

Safety data sheets

Supplier safety data sheets

Employer safety data sheets

Availability of safety data sheets

Trade Secrets and Confidential Business Information

Claim of exemption to disclose information

Claims for exemption under subsection 61(1) of Act

Claims for exemption under Hazardous Materials Information Review Act

Disclosure of information in medical emergencies

Disclosure of source of toxicological data

Transition period

Part 4: First Aid

Definitions for Part 4

Duty to report injuries

Duty of workplace first aiders

Providing first aid supplies, services and workplace first aiders at workplace

Training agencies

Workplace first aid certificates

Determining number of employees per shift

Minimum number of workplace first aiders

Type, size and number of first aid kits

Location and accessibility of supplies and workplace first aider

Condition of supplies

When first aid room required at workplace

First aid room requirements

Creating and maintaining first aid records of injured persons

Transporting injured persons from workplace

Exceptions for hospitals, emergency care facilities or long-term care facilities

First aid supplies for vehicles, boats and aircrafts

Isolated workplace first aid plans

When no isolated workplace first aid plan required

Transition—first aid certificates and first aid kits under former regulations

Part 5: Sanitation and Accommodations

Part 6: Personal Protective Equipment

Part 7: Handling and Storage of Materials

Part 8: Tools

Part 9: Mechanical Safety and Robotics

Part 10: Cranes, Hoists and Mobile Equipment

Part 11: Lock-out

Part 12: Premises and Building Safety

Part 13: Construction and Demolition

Part 14: Excavations and Trenches

Part 15: Electrical Safety

Part 16: Welding, Cutting, Burning and Soldering

Part 17: Equipment for Firefighters

Definition for Part 17

Conflicts with Occupational Safety General Regulations

Part 18: Blasting Safety

Part 19: Confined Spaces

Part 20: Surface Mine Workings

Part 21: Fall Protection

Definitions for Part 21

When Fall Protection is Required

Fall protection required

Fall-Protection Plans and Procedures

Written fall-protection safe-work procedure

Written fall-protection safe-work plan

Fall-Protection Systems

Guardrails

Temporary flooring

Personnel safety nets

Travel restraint systems

Fall-arrest systems

Fall-arrest for arborists

Work-positioning systems

Equipment

Full-body harnesses

Body belts

Energy absorbers and lanyards

Anchorages

Horizontal and vertical lifelines

Self-retracting devices

Connecting components

Fall-Protection Training

Fall-protection training required

Fall-protection training topics

Record of fall-protection training

Fall-protection training certificate or card

Part 22: Work Requiring Rope Access

Definitions for Part 22

Application of Part 22

Conflict with Part 22

Manufacturer’s specifications and standards for rope access and equipment

Code of practice must be adopted for rope access work

Application of International Code of Practice

Work restricted to rope access technicians

Rope access technician must be competent person

Rope access safe-work plan required in work areas with risk of fall

Rope access technician must keep logbook

Equipment must comply with code of practice or standards

Standards for ropes used in rope access system

Compatible components of rope access system

Anchorages in rope access system

Protective headwear

Working lines and safety lines

Part 23: Scaffolds and Other Elevated Work-platforms

Definitions for Part 23

Engineer’s certification of scaffolding

Standards for scaffolds

Scaffolding equipment prohibited

Pumpjack scaffolds

Bracket scaffolds

Roofing brackets

Safe-use practices for scaffolds

Inspections of scaffolds

Materials to be used in scaffold work-platforms

Suspended work-platforms

Lift truck work-platform

Elevating work-platforms

Crane-supported work-platforms

Mast-climbing work-platforms

Lifting persons in certain equipment prohibited

Part 24: Temporary Workplaces on Highways

Definitions for Part 24

Application of Part 24

Code of practice required for construction, maintenance or utility work

Safe-work procedure required for other work

Requirements for employees on foot

Part 25: Occupational Diving

Part 26: Violence in the Workplace

Part 27: Not Allocated

Part 28: Not Allocated

Part 29: Not Allocated

Part 30: Reviews and Appeals

Definition for Part 30

Application of Part 30

Time period for Director to review officer’s order or decision

Information required for notice of appeal

Onus on appellant

Technical irregularities and defects

Record of decision

Part 31: Administrative Penalties

Definitions for Part 31

Officer may impose administrative penalty

Time period for serving notice of administrative penalty

Content of notice of administrative penalty

Amount of administrative penalty

Administrative penalty imposed for each day

Administrative penalty does not relieve person from duty to comply

Director may review administrative penalty

Paying administrative penalty

Failure to pay administrative penalty

Person required to pay administrative penalty not charged with offence

Collected penalty funds used for safety initiatives

Appealing administrative penalty

Extension for filing appeal of order when administrative penalty imposed

Appealing administrative penalty after amendment or substitution by Director

Notice of appeal of administrative penalty

Board must conduct hearing

Power of Board on appeal

Administrative penalty appeal must be heard with appeal of order

Board must provide copy of decision

Application of Part 30: Appeals to appeal of administrative penalty

Transition for administrative penalty appeals

Part 1: Interpretation and Application

Citation

1.1 These regulations may be cited as the Workplace Health and Safety Regulations.

Definitions for these regulations

1.2 In these regulations,

“Act” means the Occupational Health and Safety Act;

“adequate” means sufficient to protect a person from injury or damage to health;

“ANSI” means the American National Standards Institute;

“anchorage” means a secure connecting point capable of safely withstanding the impact forces, as prescribed in these regulations or an applicable standard, applied by a fall-protection system;

“approved” means approved by the Department or by an agency or authority designated or selected by the Department to make approvals;

“competent person” means a person who is

(i) qualified because of their knowledge, training and experience to do the assigned work in a manner that ensures the health and safety of every person in the workplace, and

(ii) knowledgeable about the provisions of the Act and regulations that apply to the assigned work, and about potential or actual danger to health or safety associated with the assigned work,

“CSA” means the Canadian Standards Association;

“certified” means meeting the requirements of a standard as attested to by a certification organization accredited by the Standards Council of Canada or an engineer;

“Department” means the Department of Labour and Advanced Education;

“designated” means, in relation to an employer, appointed in writing by the employer;

“emergency services agency” means an agency operating within the Province for the purpose of responding to emergencies, including

(i) a municipal police force required to be maintained under the Police Act, including the Royal Canadian Mounted Police,

(ii) fire departments,

(iii) ambulance services;

“engineer” means a person who is registered as a member or licensed to practise under the Engineering Profession Act and is competent to do the work being performed;

“latest version” means, in relation to a standard or other publication, the latest edition of the standard or publication as supplemented, amended, added to, replaced or superseded;

“manufacturer’s specifications” means

(i) the written instructions of a manufacturer of a machine, material, tool or equipment that outline the manner in which the machine, material, tool or equipment is to be erected, installed, assembled, started, operated, used, handled, stored, stopped, adjusted, carried, maintained, repaired, inspected, serviced, tested, cleaned or dismantled, and

(ii) a manufacturer’s instruction, operating or maintenance manual and drawings respecting a machine, tool or equipment;

“temporary highway workplace” means a temporary workplace on a highway, as defined in Part 24;

“work area” means a location at a workplace where an employee or self-employed person is working or may be required to work.

Application of these regulations

1.3 These regulations apply to all workplaces to which the Occupational Health and Safety Act applies, unless otherwise expressly provided in the Act or these regulations.

Duties of parties

1.4 (1) A duty imposed by these regulations on an employer is also imposed on any contractor, constructor, supplier, employee, owner or self-employed person, to the extent of the contractor’s, constructor’s, supplier’s, employee’s, owner’s or self-employed person’s authority and ability to discharge the duty in the circumstances.

(2) For the purpose of applying Section 23 of the Act and determining the person with the greatest degree of control,

(a) the person with the greatest authority and ability to ensure that a duty is discharged or a requirement is met is presumed to be the person with the greatest degree of control over the matter that is the subject of the duty or the requirement; and

(b) a provision in a lease or other agreement relating to property rights that gives a specified owner authority to control an aspect of lands or premises that are used as a workplace is prima facie evidence that the specified owner has the greatest degree of control over that aspect of the land or premises.

Conflict with these regulations

1.5 (1) If there is any conflict between these regulations and a manufacturer’s specifications or a standard incorporated by reference into these regulations, these regulations prevail.

(2) Despite a requirement in these regulations to comply with a standard or other publication incorporated by reference into these regulations, an express requirement of these regulations that varies from the standard or publication prevails over the standard or publication.

Compliance with standards incorporated by reference

1.6 (1) Except as otherwise specified in these regulations, an object that is required by these regulations to comply with the latest version of a standard must conform to the physical specifications contained in the latest version of the standard unless there is no evidence raising a reasonable doubt as to whether the object is adequate and the object meets 1 of the following:

(a) the object conforms to the physical specifications contained in the latest version of the standard as of the object’s date of manufacture;

(b) no version of the standard existed at the object’s date of manufacture but the object conforms to generally accepted engineering principles prevailing at the object’s date of manufacture.

(2) Except as otherwise provided in these regulations, any activity in relation to an object, including inspection, maintenance and use, that is required by these regulations to comply with the latest version of a standard must comply with the latest version of the standard unless it is established that compliance with 1 of the following is more likely to ensure adequate performance of the object:

(a) an earlier version of the standard;

(b) generally accepted engineering principles prevailing at the object’s date of manufacture.

(3) If these regulations require that an object or activity comply with the specifications of a standard, whether a specific edition or the latest version, then a person must comply with the standard and use that object or do that activity in accordance with the standard unless these regulations specifically provide otherwise.

(4) An employer must ensure that a person using an object or performing an activity required to comply with the specifications of a standard, whether a specific edition or the latest version, is trained in accordance with the standard, and the person must undergo the training, unless these regulations specifically provide otherwise.

(5) For the first 4 calendar months after a standard or publication is issued, including the month it is issued, a person is in compliance with these regulations if they comply with

(a) the version or edition of the standard or publication required by these regulations; or

(b) the version or edition of the standard or publication issued immediately before the version or edition required by these regulations.

Compliance with policies, procedures, plans and codes of practice

1.7 (1) An employer must ensure that any written policy, procedure, plan or code of practice is adequate and implemented.

(2) Each person required to perform a function under a written policy, procedure, plan or code of practice must be trained generally in respect of the policy, procedure, plan or code of practice, and trained in particular in the requirements relating to their functions.

(3) A person must comply with all written policies, procedures, plans and codes of practice established for the purposes of the Act and these regulations, including undergoing any training required.

Communicating and updating policies, procedures, plans and codes of practice

1.8 (1) In addition to any specific requirements under the Act, an employer must ensure that all policies, procedures, plans and codes of practice are

(a) made available at the applicable work area at all times;

(b) reviewed with any affected persons, including any person planning work, before work is undertaken;

(2) Before any work is undertaken, an employer must ensure that the necessary information, instruction, training, supervision, facilities and equipment are provided to implement any part of a policy, procedure, plan or code of practice applicable to a workplace.

Consulting with Committee on policies and procedures

1.9 An employer establishing or reviewing a written policy, procedure, plan or code of practice for the purpose of the Act or these regulations must do so in consultation with the committee or representative, if any.

Manufacturer’s specifications and standards for equipment and components

1.10 (1) Except as otherwise provided in these regulations, an employer must

(a) ensure that any equipment, components of equipment or components of a system are erected, installed, assembled, used, handled, stored, adjusted, maintained, repaired, inspected, serviced, tested, cleaned and dismantled in accordance with the manufacturer’s specifications for the equipment, components or system; and

(b) comply with and ensure compliance with the applicable standards for the equipment, components or system as specified in these regulations.

(2) Except as otherwise provided in these regulations, a person must use equipment, components of equipment or components of a system in accordance with

(a) the manufacturer’s specifications for the equipment, components or system; and

(b) any applicable standards for the equipment, components or system specified in these regulations.

Engineer’s certification required for other use of equipment or components

1.11 (1) An employer must obtain a written certification from an engineer in accordance with subsection (2) that certifies that the employer’s intended use of equipment, components of equipment or components of a system provides an adequate level of safety for all persons at or near the workplace in all of the following circumstances:

(a) the employer intends to use the equipment, components of equipment or components of a system for a purpose or in a manner that is

(i) not specifically permitted by the manufacturer’s specifications,

(ii) not specifically permitted by an applicable standard referred to in these regulations;

(b) the employer intends to use equipment, components of equipment or components of a system for which no manufacturer’s specifications exist or are provided.

(2) An engineer must do all of the following before certifying equipment, components of equipment or components of a system under subsection (1):

(a) ensure that the use of the equipment, components of equipment or components of a system as intended by the employer is in accordance with generally accepted engineering practices;

(b) identify, as part of the written certification, any measures to be taken to provide an adequate level of safety.

(3) An engineer must sign any written certification they prepare under this Section.

Inspection and re-certification of equipment

1.12 (1) An employer must ensure that any equipment used is inspected

(a) by the user, before each use; and

(b) by a competent person, annually, or more frequently as specified in any applicable Part of these regulations.

(2) An employer must ensure that any manufacturer’s specifications that provide instructions on how to conduct an inspection under subsection (1) are followed.

(3) An employer must ensure that used equipment is re-certified in accordance with 1 of the following:

(a) the manufacturer’s specifications;

(b) an engineer’s certification, if an engineer’s certification was obtained under Section 1.11.

(4) A person must perform any inspections required by this Section and as specified in any applicable Part of these regulations.

Equipment protected from damage or exposure

1.13 An employer must ensure that equipment that may be exposed to heat, abrasion or corrosion is either

(a) made of material that is able to withstand the exposure without being damaged; or

(b) protected from the exposure.

Taking equipment out of service

1.14 (1) An employer must ensure that equipment is taken out of service if any of the following apply:

(a) the equipment is defective;

(b) the equipment has come into contact with

(i) excessive heat, or

(ii) a chemical or other substance that may corrode or otherwise damage the equipment or a component of the equipment;

(2) A person must not use any equipment described in subsection (1).

(3) An employer must ensure that equipment that is taken out of service under subsection (1) is not returned to service until it is inspected, repaired as necessary and re-certified by

(a) the manufacturer; or

(b) if certification by the manufacturer is not possible or reasonably practicable, an engineer.

(4) The following must be done for equipment that is taken out of service:

(a) if the equipment is awaiting inspection, repair or re-certification, it must be

(i) immediately removed from the work area,

(ii) clearly identified as taken out of service, and

(iii) stored separately from equipment that has not been taken out of service;

(b) if the equipment is not awaiting inspection, repair or re-certification, it must be destroyed immediately.

Employer to keep records

1.15 (1) Except as specified in subsection (2) or otherwise specified in these regulations, an employer must keep a record referred to in these regulations for at least 5 years after the date the record was made.

(2) An employer must keep records set out in the following table for the periods of time specified:

Record	Minimum length of time kept
inspection reports or orders received from the Division	2 years after the date the report or order is received
written procedures, plans or codes of practice	2 years after the date the procedure, plan or code of practice is replaced or cancelled
records made by the employer of inspection, maintenance or repair work	2 years after the date the record is made

Emergency services agencies exemptions for fall protection and rope access work

1.16 An employer who is an emergency services agency is not required to establish a specific written fall-protection safe-work plan or rope access safe-work plan for a specific work area when responding to an emergency if they

(a) have established the following applicable procedures for the work:

(i) a fall protection safe-work procedure under Section 21.3,

(ii) a code of practice for rope access work under Section 22.5; and

(b) they train to and comply with the procedures in clause (a) and standard protocols for emergency services work applicable to a work area where a person is at a risk of falling.

Emergency services agencies exemptions for temporary highway workplaces

1.17 Emergency services agency personnel are exempt from complying with a safe-work procedure for a temporary highway workplace required by Section 24.2 and the requirements for employees on foot in Section 24.5 when it is not reasonably practicable for them to do so because of the nature of their particular duties at any given time.

Part 2: Occupational Health

Definitions for Part 2

2.1 In this Part,

“physical agent”, in relation to threshold limit values for occupational exposure, means an agent of acoustic, electromagnetic, ergonomic, mechanical or thermal nature;

“threshold limit values” means the threshold limit values established by the TLVs and BEIs that represent

(i) for chemical substances, the airborne concentrations of chemical substances and conditions under which it is believed that nearly all healthy workers may be repeatedly exposed, day after day, over a working lifetime, without adverse health effects,

(ii) for physical agents, the levels of exposure and conditions under which it is believed that nearly all healthy workers may be repeatedly exposed, day after day, without adverse health effects,

“TLVs and BEIs” means the latest version of the publication of the American Conference of Governmental Industrial Hygienists of threshold limit values and biological exposure indices.

Conflicts with Part 2

2.2 This Part prevails if there is any conflict between this Part and any of the following:

(a) another provision of these regulations;

(b) any other regulations made under the Act.

Threshold limit values

2.3 An employer must comply with, and ensure compliance with, the threshold limit values for exposure to all of the following, as listed in the TLVs and BEIs:

(a) gases;

(b) vapours;

(d) fumes;

(e) smoke;

(f) dust;

(g) chemical substances;

(h) physical agents.

Part 3: Workplace Hazardous Materials Information System

Definitions for Part 3

3.1 In this Part,

“bulk shipment” means a shipment of a hazardous product that is contained without intermediate containment or intermediate packaging in any of the following:

(i) a vessel that has a water capacity equal to or greater than 450 L,

(ii) a freight container, road vehicle, railway vehicle or portable tank,

(iii) the hold of a ship,

(iv) a pipeline;

“CAS registry number” means the identification number assigned to a chemical by the Chemical Abstracts Service, a division of the American Chemical Society;

“container” includes a bag, barrel, bottle, box, can, cylinder, drum, storage tank or similar package or receptacle;

“education” means the delivery of general information on labels and safety data sheets and the purpose and significance of the information they contain to employees;

“fugitive emission” means a gas, liquid, solid, vapour, fume, mist, fog or dust that escapes from any of the following and an employee may be readily exposed;

(i) process equipment,

(ii) emission control equipment,

(iii) a product;

“hazard information” means information on the proper and safe use, storage and handling of a hazardous product and includes information relating to its health and physical hazards;

“Hazardous Materials Information Review Act” means the Hazardous Materials Information Review Act (Canada);

“hazardous product” means any product, mixture, material or substance that is classified in accordance with the Hazardous Products Regulations in a category or subcategory of a hazard class listed in Schedule 2 of that Act;

“Hazardous Products Act” means the Hazardous Products Act (Canada);

“Hazardous Products Regulations” means the Hazardous Products Regulations made under the Hazardous Products Act;

“hazardous waste” means a hazardous product that meets at least 1 of the following requirements:

(i) it is generated as a by-product of a process and then recycled or recovered,

(ii) it is acquired for recycling or recovery,

(iii) it is intended for disposal;

“health professional” means

(i) a physician who is registered and entitled under the laws of a province to practise medicine and who is practising medicine under those laws in that province, or

(ii) a nurse who is registered or licensed under the laws of a province to practise nursing and who is practising nursing under those laws in that province;

“label” means a group of written, printed or graphic information elements that relate to a hazardous product and that is designed to be affixed to, printed on or attached to a hazardous product or the container for a hazardous product;

“laboratory sample” means a sample of a hazardous product that is packaged in a container that contains less than 10 kg of the hazardous product and that is intended solely to be tested in a laboratory, but does not include a sample that is to be used for any of the following purposes:

(i) by the laboratory for testing other products, mixtures, materials or substances,

(ii) education,

(iii) a demonstration;

“manufactured article” means any article that is formed to a specific shape or design during manufacture, the intended use of which is dependent in whole or in part on its shape or design, and that, when being installed, if the intended use of the article requires it to be installed, and under normal conditions of use, will not release or otherwise cause an individual to be exposed to a hazardous product;

“product identifier” means, for a hazardous product, the brand, chemical, common, generic or trade name;

“readily available” means, in respect of information, present in an appropriate place that is accessible to an employee at all times and in at least 1 of the following forms:

(i) a physical copy that can be handled,

(ii) an electronic copy for which a back-up version is available;

“safety data sheet” means a document that contains, under the headings that are required to appear in the document by the Hazardous Products Regulations, information about a hazardous product, including the hazards associated with any use, handling or storage of the product in a workplace;

“significant new data” means new data about the hazard presented by a hazardous product that does any of the following:

(i) changes the hazardous product’s classification in a category or subcategory of a hazard class,

(ii) results in the hazardous product’s classification in another hazard class,

(iii) changes the ways to protect against the hazard presented by the hazardous product;

“supplier label” means a label provided by a supplier that contains the information required by the Hazardous Products Act;

“supplier safety data sheet” means a safety data sheet provided by a supplier that contains the information required by the Hazardous Products Act;

“training” means the delivery of workplace- and job-specific information to an employee;

“workplace label” means a label that discloses all of the following:

(i) a product identifier identical to that found on the safety data sheet for the hazardous product,

(ii) information for the safe handling of the hazardous product conveyed in a manner appropriate to the workplace,

(iii) that a safety data sheet, if supplied or produced, is available.

Application

3.2 (1) The requirements under this Part for a supplier label and safety data sheet do not apply if the hazardous product is any of the following:

(a) an explosive within the meaning of the Explosives Act (Canada);

(b) a cosmetic, device, drug or food as defined in Section 2 of the Food and Drugs Act (Canada);

(d) a nuclear substance as defined in Section 2 of the Nuclear Safety and Control Act (Canada) that is radioactive;

(e) a consumer product as defined in Section 2 of the Canada Consumer Product Safety Act.

(2) This Part does not apply if the hazardous product is any of the following:

(a) wood or a product made of wood;

(b) a tobacco product as defined in Section 2 of the Tobacco and Vaping Products Act (Canada);

(3) This Part does not apply to a hazardous product that is being transported or handled under the requirements of the Transportation of Dangerous Goods Act (Canada).

(4) This Part does not apply to hazardous wastes, except that an employer must ensure the safe storage and handling of hazardous waste through a combination of identification and employee training.

Prohibition

3.3 (1) An employer must ensure that the label, identifier, safety data sheet and employee training requirements of these regulations are complied with when using, storing or handling a hazardous product in a workplace.

(2) Despite the requirement to provide information and training required for a hazardous product in a workplace under subsection (1), an employer may store a hazardous product in a workplace while actively seeking information required under these regulations if the employer ensures that the hazardous product or the container of the hazardous product has 1 of the following labels affixed to it:

(a) a workplace label; or

(b) if the employer does not have the information required for a workplace label, a label disclosing that the product is

(i) hazardous, and

(ii) cannot be used or handled at the workplace until further information is obtained.

Employer’s duty to inform employees

3.4 (1) An employer must ensure that an employee who works with a hazardous product or may be exposed to a hazardous product in the course of their work activities is informed about all of the following:

(a) all hazard information received from a supplier for that hazardous product;

(b) any further hazard information the employer is aware of or ought to be aware of for the use, storage, handling and disposal of that hazardous product.

(2) If a hazardous product is produced in a workplace, an employer must ensure that an employee who works with that hazardous product or may be exposed to that hazardous product in the course of their work activities is informed about all of the hazard information the employer is aware of or ought to be aware of for the use, storage and handling of that hazardous product.

Employee education and training

3.5 (1) An employer must ensure that an employee who works with, or may be exposed to, a hazardous product in the course of their work activities is educated in all of the following:

(a) the content required on a supplier label and workplace label, and the purpose and significance of that information;

(b) the content required on a safety data sheet and the purpose and significance of the information on the safety data sheet.

(2) An employer must ensure that an employee who works with, or may be exposed to, a hazardous product in the course of their work activities is trained in all of the following:

(a) procedures for the safe use, storage, handling and disposal of a hazardous product;

(b) procedures for the safe use, storage, handling and disposal of a hazardous product contained or transferred in any of the following:

(i) a pipe,

(ii) a piping system including valves,

(iii) a process vessel,

(iv) a reaction vessel,

(v) a tank car, tank truck, ore car, conveyor belt or similar conveyance;

(d) procedures to be followed in case of an emergency involving a hazardous product;

(e) how to locate a safety data sheet at the workplace and the format it may be found in.

(3) An employer must ensure that the employee education and training required by subsections (1) and (2) are developed and implemented

(a) for that employer’s workplace; and

(b) in consultation with the committee, or representative, if any.

(4) An employer must ensure, so far as is reasonably practicable, that

(a) the employee education and training required by subsections (1) and (2) enable an employee to protect the employee’s own health and safety and the health and safety of others at the workplace; and

(b) the knowledge of an employee is periodically evaluated using written tests, practical demonstrations or other suitable means.

(5) An employer must review the education and training required under this Section at least annually, or more frequently if required by a change in work conditions or available hazard information, and in consultation with the committee or representative, if any, to ensure the education and training continue to comply with relevant legislation and regulations.

(6) If a change is made to the education or training as a result of the review under subsection (5), an employee affected by the change must be provided with additional education or training about the change.

Labels

Supplier label

3.6 (1) Unless exempted from labelling requirements in the Hazardous Products Regulations and these regulations, an employer must ensure that all of the following received at a workplace has a supplier label that meets the requirements set out in subsection (2):

(a) a hazardous product;

(b) the container in which a hazardous product is packaged.

(2) A supplier label must be affixed to, printed on or attached to the hazardous product or the container in which the hazardous product is packaged in a manner that complies with the Hazardous Products Regulations.

(3) Except as provided in Sections 3.16 and 3.17, if any amount of a hazardous product remains in a workplace in the container in which it was received from the supplier, an employer must not remove, deface, modify or alter a supplier label.

(4) An employer must update a supplier label as soon as significant new data is provided to the employer from the supplier.

(5) Except as provided in subsection (6), if a label affixed to a hazardous product or a container of a hazardous product becomes illegible or is inadvertently removed from the hazardous product or container, the employer must replace the label with either a supplier label or a workplace label.

(6) The label of a hazardous product in a container that has a capacity of 3 ml or less may be removed under normal conditions of use if the label interferes with the normal use of the product.

(7) If a hazardous product is imported and received at a workplace without a supplier label, as permitted under Section 5.15 of the Hazardous Products Regulations, or with a supplier label that does not comply with the Hazardous Products Regulations, the employer must affix a label that meets the requirements of the Hazardous Products Regulations.

(8) An employer who receives a hazardous product without packaging or a hazardous product transported as a bulk shipment, and to which a supplier label has not been affixed as permitted under subsection 5.5(2) of the Hazardous Products Regulations, must do 1 of the following:

(a) affix a label with the information required for a supplier label to the container of the hazardous product, or

(b) if the product is to be used solely in the workplace, affix a workplace label to the hazardous product.

Workplace label for employer-produced products

3.7 (1) For the purpose of subsection (2), “produces” does not include the production of a fugitive emission.

(2) If an employer produces a hazardous product in a workplace, the employer must ensure that the hazardous product or the container of the hazardous product has a workplace label affixed to it.

(3) Subsection (2) does not apply when the hazardous product is in a container that is intended to contain the hazardous product for sale or disposition and the container is or is about to be appropriately labelled for sale or disposition.

(4) The employer must update a workplace label as soon as significant new data are available to the employer.

Workplace label for decanted products

3.8 (1) Except as set out in subsection (2), if a hazardous product in a workplace is in a container other than the container in which it was received from a supplier, the employer must ensure that the container has a workplace label affixed to it.

(2) Subsection (1) does not apply to a portable container that is filled directly from a container that has a supplier label or workplace label affixed to it if either of the following conditions are met:

(a) all of the hazardous product is required for immediate use; or

(b) the hazardous product meets all of the following requirements:

(i) it is under the control of and is used exclusively by the employee who filled the portable container,

(ii) it is used only during the shift in which the portable container was filled,

(iii) the content of the container holding the hazardous product is clearly identified.

Identification of hazardous product in piping systems and vessels

3.9 An employer must ensure the safe use, storage and handling of a hazardous product through employee training and the use of colour coding, labels, placards or another mode of identification when the hazardous product in a workplace is contained or transferred in any of the following:

(a) a pipe;

(b) a piping system including valves;

(d) a reaction vessel;

(e) a tank car, tank truck, ore car, conveyor belt or similar conveyance.

Placard identifiers

3.10 (1) For the purpose of this Section, “posting a placard” means posting a placard that meets all of the following requirements:

(a) except as exempted in Sections 3.16 and 3.17, it discloses the information required on a workplace label;

(b) it is of a size and in a location that the information on the placard is conspicuous and clearly legible to employees;

(c) it is located close enough to the hazardous product it relates to for employees to appreciate it relates to that product.

(2) Despite the labelling requirements for a hazardous product in Sections 3.6, 3.7 and 3.8, an employer may comply with Sections 3.6, 3.7 and 3.8 by posting a placard if the hazardous product meets at least 1 of the following requirements:

(a) it is not in a container;

(b) it is in a container intended for export;

(c) it is in a container intended for sale or disposition and will be appropriately labelled in the employer’s normal course of business and without undue delay;

(d) it is in a container intended for use in the workplace and the container meets all of the following requirements:

(i) the container is consumed in a production process,

(ii) except as exempted in Sections 3.16 and 3.17, the container or the hazardous product is identified through the use of colour coding, labels or another mode of identification clearly legible to employees.

(3) Despite the labelling requirements for a hazardous product in Sections 3.7 and 3.8, and without limiting subsection (2), an employer may comply with Sections 3.7 and 3.8 for a container of a hazardous product intended for use in a workplace by posting a placard if all of the following requirements are met:

(a) the hazardous product is located in an area to which the general public and unauthorized employees are not permitted access;

(b) the container of the hazardous product is identified through the use of colour coding, labels or another mode of identification clearly legible to employees;

(c) subject to subsection (4), and unless the hazardous product is required for immediate use or is under the exclusive control of a single employee and handled in accordance with subclauses 3.8(2)(b)(i) to (iii), the hazardous product is not removed from the placarded area until it has a workplace label affixed to it.

(4) If a hazardous product is moved directly and expeditiously from a container or source that complies with the labelling or placarding requirements of these regulations to an area where a placard is posted, despite Sections 3.7 and 3.8, the employer may, during the time that the hazardous product is being moved, identify the hazardous product through a combination of employee training and the use of colour coding, labels, placards or another mode of identification clearly legible to employees.

Hazardous laboratory sample

3.11 (1) If a laboratory sample of a hazardous product is exempted from specific labelling requirements by subsection 5(5) or 5(6) of the Hazardous Products Regulations, a label must be provided by the supplier and affixed to, printed on or attached to the container of the product received at the workplace.

(2) A label in subsection (1) complies with the requirements of Section 3.6 for a supplier label if it discloses all of the following:

(a) the chemical name or generic chemical name of any material or substance in the hazardous product that is classified individually under the Hazardous Products Act and the Hazardous Products Regulations

(i) in any category or subcategory of a health hazard class and that is present above the relevant concentration limit, if known by the supplier, or

(ii) that is present at a concentration that results in the mixture being classified in a category or subcategory of any health hazard class, if known by the supplier;

(b) the statement “Hazardous Laboratory Sample. For hazard information or in an emergency, call/Échantillon pour laboratoire de produit dangereux. Pour obtenir des renseignements sur les dangers ou en cas d’urgence, composez” followed by an emergency telephone number to obtain the information required on the safety data sheet of the hazardous product.

(3) If a hazardous product is in a container other than the container in which it was received from a supplier, or is produced in the workplace, the employer is exempt from the requirement of Section 3.8 if the hazardous product meets all of the following requirements:

(a) it is a laboratory sample;

(b) it is intended by the employer solely for use, analysis, testing or evaluation in a laboratory;

(i) a mode of identification visible to employees at the workplace,

(ii) employee education and training required by these regulations.

(4) The mode of identification and employee education and training required under clause (3)(c) must enable an employee to readily identify and obtain either of the following types of information as required in the circumstances:

(a) information required on a safety data sheet;

(b) a label or document disclosing the information referred to in clauses (2)(a) and (b) for the hazardous product or sample.

(5) If a hazardous product is produced in a laboratory, the employer is exempt from the labelling requirements of Sections 3.7 and 3.8 if the hazardous product meets all of the following requirements:

(a) it is intended by the employer solely for evaluation, analysis or testing for research and development;

(b) it is not removed from the laboratory;

(i) a mode of identification visible to employees at the workplace,

(ii) employee education and training required by these regulations.

(6) The mode of identification and employee education and training methods required under clause (5)(c) must enable an employee to readily identify and obtain at least 1 of the following:

(a) information required on a safety data sheet;

(b) any other information that is necessary to ensure the safe use, storage and handling of the hazardous product.

Safety data sheets

Supplier safety data sheets

3.12 (1) Except as provided in subsection (6), an employer who acquires a hazardous product for use, handling or storage at a workplace must obtain a supplier safety data sheet that complies with the requirements of the Hazardous Products Regulations for that hazardous product.

(2) Except as provided in subsection (3), if a safety data sheet for a hazardous product that is used in the workplace is 3 or more years old, the employer must, if possible, obtain from the supplier an up-to-date supplier safety data sheet for the hazardous product in the workplace.

(3) Subsection (2) does not apply if the supplier advises the employer that

(a) the new safety data sheet does not apply to the original product; or

(b) there has been no change to the information on the original safety data sheet.

(4) If an employer is unable to obtain a safety data sheet as required by subsection (2), the employer must add any significant new data applicable to that hazardous product that the employer is aware of, or ought to be aware of, to the existing supplier safety data sheet.

(5) An employer may provide a safety data sheet in a different format than the format provided by the supplier or that contains additional hazard information if the safety data sheet provided by the employer meets all of the following requirements:

(a) except as provided in Sections 3.16 and 3.17, it does not contain less information than the supplier safety data sheet or it contains less information and this is accepted by the committee, or representative, if any;

(b) the supplier safety data sheet is available at the workplace and the safety data sheet provided by the employer indicates that fact.

(6) If a supplier is exempted by the Hazardous Products Regulations from the requirement to provide a safety data sheet for a hazardous product, an employer is exempt from the requirement to obtain or provide a safety data sheet for that hazardous product.

(7) Except as provided in Sections 3.16 and 3.17, if a hazardous product is received at a laboratory and the supplier has provided a safety data sheet, an employer must ensure that a copy of the safety data sheet is readily available for viewing by an employee who may be exposed to the hazardous product and by the committee, or representative, if any.

(8) Except as provided in Sections 3.16 and 3.17, if a hazardous product is received or produced at a laboratory and an employer has produced a safety data sheet, the employer must ensure that the safety data sheet is readily available for viewing by an employee who may be exposed to the hazardous product, and by the committee, or representative, if any.

Employer safety data sheets

3.13 (1) If an employer produces a hazardous product in the workplace, the employer must prepare a safety data sheet for the product that discloses the information required under the Hazardous Product Regulations, except as provided in Sections 3.16 and 3.17 and Part 5 of the Hazardous Products Regulations.

(2) Subsection (1) does not apply to the production of a fugitive emission or an intermediate product undergoing reaction within a reaction or process vessel.

(3) An employer must update the safety data sheet referred to in subsection (1) as soon as practical but no later than 90 days after the date that new hazard information becomes available to the employer.

Availability of safety data sheets

3.14 (1) An employer must consult the committee, or representative, if any, respecting the most appropriate means to make a safety data sheet required by Section 3.12 or 3.13 readily available in the workplace.

(2) An employer must ensure that a copy of the safety data sheet is made readily available to an employee who may be exposed to a hazardous product and the committee, or representative, if any.

Trade Secrets and Confidential Business Information

Claim of exemption to disclose information

3.15 (1) An employer who is required, either directly or indirectly, under the provisions of the Hazardous Products Act, the Hazardous Products Regulations or these regulations, to disclose any of the information set out in subsection (2) on a label or safety data sheet may claim an exemption if the employer considers it to be confidential business information.

(2) The information for which an exemption may be claimed under subsection (1) includes all of the following:

(a) for a material or substance that is a hazardous product

(i) the chemical name of the material or substance,

(ii) the CAS registry number, or any other unique identifier, of the material or substance, and

(iii) the chemical name of any impurity, stabilizing solvent or stabilizing additive that is present in the material or substance, that is classified in a category or subcategory of a health hazard class under the Hazardous Products Act and that contributes to the classification of the material or substance in the health hazard class under that Act;

(b) for an ingredient contained in a mixture that is a hazardous product

(i) the chemical name of the ingredient,

(ii) the CAS registry number, or any other unique identifier, of the ingredient, and

(iii) the concentration or concentration range of the ingredient;

(c) for a material, substance or mixture that is a hazardous product, the name of any toxicological study that identifies the material or substance or an ingredient in the mixture;

(d) the product identifier of a hazardous product, such as its chemical, common, generic, trade or brand name;

(e) information about a hazardous product, other than the product identifier, that constitutes a means of identification;

(f) information that could be used to identify a supplier of a hazardous product.

(3) A claim under subsection (1) may be made under

(a) subsection 61(1) of the Act; or

(b) the Hazardous Materials Information Review Act.

Claims for exemption under subsection 61(1) of Act

3.16 (1) If an employer claims an exemption from a requirement to disclose confidential information under subsection 61(1) of the Act, the employer may delete from a label or safety data sheet the information that is the subject of the claim but may not delete hazard information.

(2) An employer who has deleted information from a label or safety data sheet under subsection (1) must replace the deleted information with

(a) the words “trade secret”; and

(b) an emergency telephone number for the employer that will enable a treating health professional to obtain information that is in the possession of the employer respecting the specific chemical identity of the hazardous product for the purpose of rendering medical treatment to a person in an emergency.

Claims for exemption under Hazardous Materials Information Review Act

3.17 (1) If an employer claims an exemption from a requirement to disclose confidential business information under the Hazardous Materials Information Review Act, the information is exempt from disclosure from the time a claim is filed until the final disposition of the claim and, if the claim is found to be valid, for a period of 3 years from the date that the claim is determined.

(2) An employer who claims an exemption under the Hazardous Materials Information Review Act may delete, for the time period set out in subsection (1), the information claimed to be confidential business information from a label or safety data sheet required under Sections 3.6, 3.12 and 3.13, but may not delete hazard information from the label or safety data sheet.

(3) An employer who claims an exemption under the Hazardous Materials Information Review Act must abide by the process and any decisions issued under the Hazardous Materials Information Review Act and its regulations.

(4) An employer who claims an exemption from a requirement to disclose information about a hazardous product on a safety data sheet or label under the Hazardous Materials Information Review Act must disclose on the safety data sheet and, if applicable, on the label of the hazardous product or container in which the hazardous product is packaged, the date that the claim for exemption was filed and the registry number assigned to the claim under the Hazardous Materials Information Review Act.

(5) The requirements under subsection (4) apply until at least 1 of the following conditions is met:

(a) in the case of an order issued under subsection 14(1) of the Hazardous Materials Information Review Act, the end of the period that begins on the final disposition of the claim for exemption and does not exceed the period specified in the order;

(b) in any other case, the end of the period not exceeding 30 days after the final disposition of the claim for exemption.

(6) An employer who receives notice of a decision made under the Hazardous Materials Information Review Act that their claim or a portion of their claim for exemption from a requirement to disclose information about a hazardous product on a safety data sheet or label is valid must, for the sale or importation of the hazardous product, provide all of the following information on the safety data sheet and, if applicable, on the label of the hazardous product or container in which the hazardous product is packaged:

(a) a statement that an exemption has been granted;

(b) the date of the decision granting the exemption;

(7) If an employer produces a hazardous product in the workplace and files a claim for exemption under paragraph 11(2)(a) or subparagraph 11(2)(b)(i) or (ii) of the Hazardous Materials Information Review Act, the employer is compliant with subsection 3.13(1) if the employer prepares a safety data sheet for that hazardous product that discloses at least 1 of the following in place of the information elements listed in paragraphs 3(1)(a), (b), (c) and (d) or paragraphs 3(2)(a), (b) and (c) of Schedule 1 to the Hazardous Products Regulations:

(a) for a hazardous product that is a material or substance, the generic chemical name of the material or substance;

(b) for a hazardous product that is a mixture, the generic chemical name of each material or substance in the mixture

(i) that, individually, is classified in a category or subcategory of a health hazard class under the Hazardous Products Act and is present above the relevant concentration limit, or

(ii) that is present at a concentration that results in the mixture being classified in a category or subcategory of a health hazard class under the Hazardous Products Act.

(8) If an employer produces a hazardous product in the workplace and files a claim for exemption under subparagraph 11(2)(b)(iii) of the Hazardous Materials Information Review Act, the employer is compliant with subsection 3.13(1) if the employer prepares a safety data sheet for that hazardous product that does not disclose the information element listed in paragraph 3(2)(d) of Schedule 1 to the Hazardous Products Regulations.

(9) If an employer produces a hazardous product in the workplace and files a claim for exemption under paragraph 11(2)(d) of the Hazardous Materials Information Review Act, the employer is compliant with subsection 3.13(1) if the employer prepares a safety data sheet for that hazardous product that discloses, in place of the product identifier, a code name or code number for the product.

Disclosure of information in medical emergencies

3.18 (1) An employer must provide information, including confidential business information, about a hazardous product that is present or was present in the workplace to a health professional who requests information about the hazardous product for the purpose of rendering medical treatment to a person in an emergency.

(2) Information that, by virtue of an exemption under the Hazardous Materials Information Review Act or these regulations, is not required to be provided on the safety data sheet but has been provided by an employer to any health professional who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, an individual in a medical emergency must be kept confidential, except for the purpose for which it was provided, if the health professional has been informed by the employer that the information is to be kept confidential.

(3) If confidential business information, including a specific chemical identity, is disclosed to address a medical emergency under subsection (1) and the employer requires a confidentiality agreement as permitted by subsection 61(2) of the Act, the confidentiality agreement may do all of the following:

(a) require the health professional and the employee to keep the confidential business information, including the specific chemical identity, confidential;

(b) provide for appropriate legal remedies in the event of a breach of the confidentiality agreement.

Disclosure of source of toxicological data

3.19 Subject to the Hazardous Materials Information Review Act, an employer who manufactures a hazardous product in a workplace must, at the request of an officer, an employee who may be exposed to the hazardous product or the committee or representative, if any, disclose as quickly as possible the source of any toxicological data used in preparing the safety data sheet required under Section 3.12.

Transition period

3.20 (1) In this Section,

“former regulations” means the Workplace Hazardous Materials Information System Regulations, N.S. Reg. 196/1988.

(2) When this Part comes into force, an employer who meets the requirements of the former regulations is deemed to be in compliance with the requirements of this Part for a period of 6 months immediately after the date this Part comes into force.

(3) Despite the 6-month transition period referred to in subsection (2), a hazardous product present in a workplace when this Part comes into force that is labelled in accordance with the former regulations is deemed to be in compliance with the labelling requirements of this Part and may continue to be used for a period of 3 years immediately after the date this Part comes into force if employees are educated and trained in accordance with the former regulations.

(4) Despite the duty imposed on self-employed persons to comply with these regulations under subsection 1.4(1), a self-employed person is not required to comply with the requirements of this Part until 6 months immediately after the date this Part comes into force.

Part 4: First Aid

Definitions for Part 4

4.1 In this Part,

“advanced workplace first aid certificate” means a document issued by a training agency certifying that a person

(i) has successfully completed an advanced level of workplace first aid training, and

(ii) holds the applicable valid qualifications for an advanced workplace first aider as set out in the CSA first aid training standard;

“basic workplace first aid certificate” means a document issued by a training agency certifying that a person

(i) has successfully completed a basic level of workplace first aid training, and

(ii) holds the applicable valid qualifications for a basic workplace first aider as set out in the CSA first aid training standard;

“close workplace” means a workplace where the surface travel time is no more than 20 minutes;

“CSA first aid training standard” means the latest version of CSA standard CSA Z1210, “First aid training for the workplace –Curriculum and quality management for training agencies”;

“distant workplace” means a workplace where the surface travel time is more than 20 minutes but less than 40 minutes;

“emergency care facility” means a healthcare facility that meets all of the following criteria:

(i) it is equipped to provide immediate treatment of injuries and illnesses,

(ii) it has a medical practitioner, registered and licensed to practice [practise] medicine under the Medical Act, on call;

“emergency health services” means the co-ordinated delivery of services provided by registered pre-hospital first responders and by paramedics and other medical professionals under the Emergency Health Services Act to prevent and manage medical, trauma and health conditions;

“first aid kit” means a first aid kit that conforms to the latest version of CSA standard CSA Z1220, “First aid kits for the workplace”;

“first aid room” means a room at a workplace that is used exclusively for administering first aid;

“hospital” means a hospital, as defined in the Hospitals Act, that provides emergency services during all hours of operation;

“intermediate workplace first aid certificate” means a document issued by a training agency certifying that a person

(i) has successfully completed an intermediate level of workplace first aid training, and

(ii) holds the applicable valid qualifications for an intermediate workplace first aider as set out in the CSA first aid training standard;

“isolated workplace” means a workplace where the surface travel time is 40 minutes or more;

“long-term care facility” means any of the following, as defined in the Homes for Special Care Act:

(i) nursing home,

(ii) residential care facility;

“medical professional” means any of the following:

(i) a medical practitioner who is registered and licensed to practice [practise] medicine under the Medical Act,

(ii) a nurse practitioner who is registered and licensed to engage in the practice of a nurse practitioner under the Nursing Act,

(iii) a registered nurse who is registered and licensed to engage in the practice of a registered nurse under the Nursing Act,

(iv) a licensed practical nurse who is registered and licensed to engage in the practice of a licensed practical nurse under the Nursing Act,

(v) a paramedic who is licensed to practice [practise] paramedicine under the Paramedics Act;

“office” means a workplace that meets all of the following criteria:

(i) the only work carried out at the workplace is of an administrative, professional or clerical nature,

(ii) the work carried out at the workplace does not require substantial physical exertion or exposure to processes, substances or other conditions that are potentially hazardous to the health and safety of persons at or near the workplace;

“surface travel time” means the time required, under normal travel conditions,

(i) to transport an injured employee from the place where they are injured to a hospital or an emergency care facility, or

(ii) for emergency health services to arrive at the place where an employee is injured and attend to the injured employee;

“training agency” means an agency, organization or person that is approved to provide first aid training under Section 4.5;

“workplace first aider” means a designated employee who holds a valid workplace first aid certificate;

“workplace first aid certificate” means any of the following:

(i) basic workplace first aid certificate,

(ii) intermediate workplace first aid certificate,

(iii) advanced workplace first aid certificate.

Duty to report injuries

4.2 An employee at a workplace must report all injuries to the employer without undue delay.

Duty of workplace first aiders

4.3 A workplace first aider must provide first aid within the scope of their training to any injured employee without undue delay.

Providing first aid supplies, services and workplace first aiders at workplace

4.4 (1) Except as provided in subsection (3), an employer must, at the employer’s expense, provide and maintain the first aid supplies, services and workplace first aiders required by this Part at each of its workplaces.

(2) To enable a designated employee to act as a workplace first aider at its workplace, an employer must pay for all of the following:

(a) the cost of the employee’s first aid course;

(b) the employee’s wages and benefits while taking the first aid course, at the same rates and amounts that they would receive in the ordinary course of their employment.

(3) Two or more employers may enter into a written agreement to collectively provide and maintain the first aid supplies, services and workplace first aiders required by this Part and must keep and make any agreement entered into available at each workplace covered by the agreement.

Training agencies

4.5 A training agency is approved to provide first aid training if the training agency complies with the minimum requirements for a workplace first aid program as established in the latest version of CSA first aid training standard.

Workplace first aid certificates

4.6 (1) A copy of all valid workplace first aid certificates must be maintained by all of the following:

(a) the employer of the certificate holder;

(b) the training agency that issued the certificate.

(2) Unless the training agency that issues a certificate establishes a shorter period, a workplace first aid certificate expires 3 years from the date it is issued.

Determining number of employees per shift

4.7 In consultation with the committee or representative, if any, an employer must include all persons employed on any 1 shift in determining the total number of employees employed on that shift, including full-time, part-time and casual employees.

Minimum number of workplace first aiders

4.8 (1) Except as provided in Section 4.16, an employer must ensure that the minimum number of workplace first aiders are present in each of its workplaces during working hours, in accordance with this Section.

(2) The following number of workplace first aiders, with the workplace first aid certificate indicated, are required for a close workplace:

Close Workplaces
Number of Employees per Shift	Number of Workplace First Aiders and Certificate Required
Number of Employees per Shift	Offices	Other Workplaces
1	-	-
2–25	1 basic	1 basic
26–50	1 basic	1 intermediate
51–99	1 basic	2 intermediate
100–199	2 basic	2 intermediate
200 or more	3 basic	3 intermediate

(3) The following number of workplace first aiders, with the workplace first aid certificate indicated, are required for distant workplaces:

Distant Workplaces
Number of Employees per Shift	Number of Workplace First Aiders and Certificate Required
Number of Employees per Shift	Offices	Other Workplaces
1	-	1 basic
2–25	1 basic	1 intermediate
26–50	1 basic	1 intermediate
51–99	1 basic	2 intermediate
100–199	2 basic	1 intermediate 1 advanced
200 or more	3 basic	2 intermediate 1 advanced

(4) The following number of workplace first aiders, with the workplace first aid certificate indicated, are required for isolated workplaces:

Isolated Workplaces
Number of Employees per Shift	Number of Workplace First Aiders and Certificate Required
Number of Employees per Shift	Offices	Other Workplaces
1	1 basic	1 intermediate
2–25	1 basic	1 intermediate
26–50	1 basic	1 advanced
51–99	2 basic	2 advanced
100–199	2 basic	3 advanced
200 or more	3 basic	4 advanced

Type, size and number of first aid kits

4.9 (1) Except as provided in Section 4.16, an employer must provide and maintain first aid kits in the type, size and number according to the type of workplace and number of employees, as set out in the following table:

Minimum First Aid Kits Required
Close and Distant Workplaces
Number of Employees per Shift	Offices	Other Workplaces
1	1 Type 1	1 Type 1
2–25	1 Type 2 (small)	1 Type 2 (small)
26–50	2 Type 2 (small)	2 Type 2 (small)
51–99	3 Type 2 (small)	3 Type 2 (small)
100 or more	6 Type 2 (small)	6 Type 2 (small)
Isolated Workplaces
Number of Employees per Shift	Offices	Other Workplaces
1	1 Type 1	1 Type 1
2–25	1 Type 2 (small)	1 Type 3 (small)
26–50	2 Type 2 (small)	1 Type 2 (small) 1 Type 3 (small)
51–99	3 Type 2 (small)	2 Type 2 (small) 1 Type 3 (small)
100 or more	6 Type 2 (small)	4 Type 2 (small) 2 Type 3 (small)

(2) The first aid kits required by subsection (1) may be substituted with kits of different sizes based on the following equivalencies:

Smaller first aid kits	Equivalent larger first aid kits
2 small first aid kits	1 medium first aid kit
4 small first aid kits or 2 medium first aid kits	1 large first aid kit

Location and accessibility of supplies and workplace first aider

4.10 (1) An employer must ensure that first aid services and supplies are readily accessible during all working hours.

(2) If more than 1 first aid kit is required at a workplace, the kits must be distributed in the workplace so that they can be quickly accessed in a medical emergency.

(3) To the extent reasonably practicable, an employer must post all of the following information on signs throughout its workplace where they can easily be seen by all persons at the workplace:

(a) the location of first aid supplies;

(b) the name and location or phone number of the workplace’s workplace first aiders.

Condition of supplies

4.11 First aid supplies must be kept in a visible location and maintained in accordance with all of the following:

(a) they meet the requirements of this Part;

(b) they are clean and dry;

When first aid room required at workplace

4.12 Except as provided in Section 4.16, an employer must provide at least 1 first aid room for each workplace that meets all of the following criteria:

(a) it is not an office;

(b) there are 200 or more employees regularly employed on any 1 shift at the workplace.

First aid room requirements

4.13 (1) A first aid room must meet all of the following requirements:

(a) it must be easily accessible to employees during all working hours;

(b) it must be large enough to accommodate the supplies and services required by this Part;

(d) it must be well-lighted, heated and ventilated;

(e) it must be equipped with an efficient means of communicating between the first aid room and all workplace areas served by the first aid room;

(f) it must have emergency telephone numbers prominently posted and accessible;

(g) it must be equipped with all of the equipment and furniture, material and supplies and dressings set out in subsection (3).

(2) A first aid room must be kept clean and in a sanitary condition.

(3) The minimum equipment and furniture, material and supplies and dressings (individually wrapped) required for a first aid room are as set out in the following table:

Equipment and supplies

Minimum required in room

Equipment and furniture

• 1 sink with running water

• 1 refuse pail with a cover

• 1 chair with arm rests that ensure that the chair is suitable to treat injured employees

• 1 bed, covered with a plastic sheet

• pillows and blankets

• 1 cabinet suitable for storing dressings and instruments

Material and supplies

• 1 first aid guide

• 12 assorted safety pins

• 1 wash basin

• 1 package of paper towels

• hand soap

• 1 package of disposable paper cups

• 1 kidney basin

• 1 set of assorted splints

• 1 portable medium size Type 2 first aid kit

• 1 flashlight for use outside the room at the scene of an accident

• 20 pairs of disposable latex gloves or gloves made of material that provides an equivalent level of protection against the spread of infections or contagious conditions

• instructions on how to record first aid treatments

• 1 pencil

• the material and supplies of a large size Type 2 first aid kit

Creating and maintaining first aid records of injured persons

4.14 The employer of an injured person who is administered first aid at a workplace must create a written record of the injury, including all of the following information:

(a) the name of the injured person;

(b) the date and time of the injury;

(d) the time when first aid was administered;

(e) the first aid treatment provided;

(f) the name of the person who provided the first aid, and the workplace first aid certificate that they hold;

(g) the name of the person to whom the injury was reported.

Transporting injured persons from workplace

4.15 (1) An employer is responsible for providing a safe and timely means of transporting an injured person from the workplace to a hospital or an emergency care facility.

(2) If an injured person being transported to a hospital or an emergency care facility may require the assistance of another person, at least 1 person, in addition to the driver or operator of the vehicle, boat or aircraft must accompany the injured person.

Exceptions for hospitals, emergency care facilities or long-term care facilities

4.16 (1) At any of the following workplaces, an employer may substitute a medical professional who maintains current training in cardio-pulmonary resuscitation for a workplace first aider required to be at the workplace under this Part:

(a) a hospital;

(b) an emergency care facility;

(2) At any of the workplaces listed in subsection (1), an employer may substitute medical supplies maintained at the workplace for the first aid kits required by Section 4.9 if the supplies include at least all of the items required by that Section.

(3) At any of the workplaces listed in subsection (1), an employer is not required to strictly comply with the requirements for first aid rooms in Section 4.13 if first aid supplies and facilities equivalent to those set out in that Section are available to employees at the workplace.

First aid supplies for vehicles, boats and aircrafts

4.17 (1) In this Section,

“vehicle” includes any motor vehicle, boat or aircraft.

(2) Except as provided in subsection (3), an employer must ensure that a vehicle that is regularly used to transport employees is equipped with a size small Type 2 first aid kit.

(3) For a vehicle that is regularly used to transport only the driver of the vehicle, the driver’s employer must ensure that the vehicle has at least a Type 1 first aid kit.

Isolated workplace first aid plans

4.18 (1) Except as provided in Section 4.19, an employer must maintain a written isolated workplace first aid plan for each of its isolated workplace[s].

(2) A committee or representative, if 1 exists, must be consulted in the development of a workplace’s isolated workplace first aid plan.

(3) An employer’s isolated workplace first aid plan must set out a comprehensive plan for ensuring compliance with this Part at each isolated workplace, and must specify all of the following:

(a) the method for transporting injured employees from each isolated workplace;

(b) the means of communicating with and from each isolated workplace.

(4) An isolated workplace first aid plan for an isolated workplace must reflect the nature of the work being performed at the isolated workplace.

(5) All persons at an isolated workplace must comply with any isolated workplace plan for the workplace.

When no isolated workplace first aid plan required

4.19 An employer is not required to have an isolated workplace first aid plan if any of the following apply over a 4-week period:

(a) no employee spends more than 10% of their time at the isolated workplace;

(b) any of the employees spend more than 10% but less than 25% of their time at the isolated workplace, and the safety of the isolated workplace is adequately assured including meeting all of the following criteria:

(i) an injured person can be transported from the isolated workplace to the closest emergency care facility within a reasonable time,

(ii) there is a means of transport at the isolated workplace for an injured worker,

(iii) there is a means of summoning assistance available at the isolated workplace,

(iv) the workplace is an office.

Transition—first aid certificates and first aid kits under former regulations

4.20 (1) In this Section,

“former regulations” means the Occupational Health and Safety First Aid Regulations, N.S. Reg. 155/1996.

(2) A first aid certificate obtained under the former regulations is deemed to be equivalent to a workplace first aid certificate, as set out in the following table, and is valid until the certificate expires.

First Aid Certificate Equivalencies
Former Regulations	This Part
emergency first aid certificate	basic workplace first aid certificate
standard first aid certificate	intermediate workplace first aid certificate
advanced first aid certificate	advanced workplace first aid certificate

(3) An employer who meets the first aid kit requirements of the former regulations is deemed to be in compliance with the first aid kit requirements of this Part for a period of 12 months immediately after this Part comes into force.

Part 5: Sanitation and Accommodations

(This heading is here as a placeholder only. There is no content for this Part yet. For the current regulations on this subject matter, see the Occupational Safety General Regulations made under the Act.)

Part 6: Personal Protective Equipment

Part 7: Handling and Storage of Materials

Part 8: Tools

Part 9: Mechanical Safety and Robotics

(This heading is here as a placeholder only. There is no content for this Part yet.)

Part 10: Cranes, Hoists and Mobile Equipment

Part 11: Lock-out

Part 12: Premises and Building Safety

Part 13: Construction and Demolition

Part 14: Excavations and Trenches

Part 15: Electrical Safety

Part 16: Welding, Cutting, Burning and Soldering

Part 17: Equipment for Firefighters

Definition for Part 17

17.1 In this Part,

“firefighter” means

(i) an employee who provides fire suppression services to the public from a fire department within a municipality or local service district, or

(ii) an industrial firefighter.

Conflicts with Occupational Safety General Regulations

17.2 If Part 16 - Equipment for Firefighters of the Occupational Safety General Regulations made under the Act requires the use of a body harness, elevating work-platform or other device for fire-fighting or equipment for a firefighter that complies with a different standard than a standard listed in these regulations, equipment that meets the requirements of these regulations or Part 16 of the Occupational Safety General Regulations may be used.

Part 18: Blasting Safety

(This heading is here as a placeholder only. There is no content for this Part yet. For the current regulations on this subject matter, see the Blasting Safety Regulations made under the Act.)

Part 19: Confined Spaces

Part 20: Surface Mine Workings

Part 21: Fall Protection

Definitions for Part 21

21.1 In this Part,

“arborist” means a person trained and employed, in whole or in part, to climb trees for an economic or scientific purpose, including any of the following:

(i) detecting and treating disease, infections or infestations,

(ii) pruning, spraying or trimming,

(iii) repairing damaged trees,

(iv) assessing growth or harvesting potential;

“body belt” means a body support device that encircles the body at or about the waist;

“energy absorber” means a component of a fall-protection system consisting of a device that dissipates kinetic energy and does not return it to the fall-arrest system or into a person’s body;

“fall distance” means the vertical distance a person may fall, measured from the surface where the weight of a person is supported to the surface the person could fall onto;

“fall-arrest system” means a fall-protection system consisting of an assembly of components that arrests a person’s fall when properly assembled, used together and connected to a suitable anchorage;

“fall-protection system” means any secondary system that is intended to prevent a person from falling or arrests a fall that occurs, and includes guardrails, temporary flooring, travel-restraint systems, personnel safety nets and fall-arrest systems;

“full-body harness” means a body-holding device, similar to a parachute harness, that transfers suspension forces or impacts during a fall arrest to a person’s pelvis or skeleton;

“guardrail” means a fall-protection system consisting of vertical and horizontal members that

(i) are capable of withstanding concentrated forces, as prescribed in these regulations or an applicable standard,

(ii) warn of a fall hazard, and

(iii) reduce the risk of a fall;

“horizontal lifeline” means a flexible line made from wire, fibre rope, wire rope, or rod, with end terminations at both ends, that extends horizontally from one end anchorage to another;

“lanyard” means a flexible line or strap used to secure a full-body harness to an energy absorber, fall-arrester, lifeline or anchorage;

“lifeline” means a component of a fall-protection system consisting of a vertical lifeline or a horizontal lifeline;

“personnel safety net” means a fall-protection system that uses at least 1 net to stop a person who is falling before the person makes contact with a lower level or obstruction;

“elevating work-platform” means a mobile horizontal working surface that provides access and support to a person at a workplace, and that is elevated and lowered by means of a mechanism that complies with Part 23: Scaffolds and Other Elevated Work-platforms;

“safe surface” means an area that meets all of the following criteria:

(i) it is large enough and strong enough to adequately support a person who falls,

(ii) it is level enough to prevent a further fall by a person who has fallen,

“self-retracting device” means a device that arrests a person’s fall by performing a tethering function while allowing vertical movement below the device to the maximum working length of the device;

“temporary flooring” means a fall-protection system consisting of a horizontal working surface that is designed, constructed and installed to provide access to areas that do not have permanent flooring by protecting a person from falling through an unprotected opening;

“travel restraint system” means a fall-protection system that will prevent a person from reaching an unprotected edge or opening;

“vertical lifeline” means a flexible lifeline with an end termination on the top end that is connected to an anchorage or anchorage connector and hangs vertically from where it is connected;

“work-platform” means a raised temporary horizontal working surface that provides access and support to a person at a workplace;

“work-positioning system” means an assembly of components that, when properly assembled and used together, supports a person in a position or location so that the person’s hands are free in the work position, but does not include a boatswain’s chair, ladder, rope access or scaffold.

When Fall Protection is Required

Fall protection required

21.2 (1) Except as provided in subsections (3) to (5), fall protection is required if a person is at risk of falling from a work area where the fall distance is

(a) 3 m or more above the nearest safe surface or water;

(b) less than 3 m and the work area is above 1 of the following:

(i) a surface or thing that could cause injury to the person on contact that is worse than an injury from landing on a solid, flat surface,

(ii) exposed hazardous material, such as in an open tank, pit or vat.

(2) If fall protection is required, an employer must ensure that at least 1 of the following means of fall protection is used, as appropriate in the circumstances:

(a) a guardrail;

(b) temporary flooring;

(d) a travel restraint system;

(e) a fall-arrest system.

(3) Fall protection is not required for a person who is entering or exiting a work area by a safe means of access and egress.

(4) Fall protection is required only where reasonably practicable and to the extent reasonably practicable in any of the following circumstances:

(a) if work must be performed on or from a vehicle, rail car or other mobile equipment;

(b) if it is not reasonably practicable to perform work other than from a ladder and it is not reasonably practicable for the person performing the work to maintain adequate contact with the ladder while performing the work;

(5) If it is not reasonably practicable to use fall protection in the circumstances described in subsection (4), an employer must ensure that an alternate control measure is used to reduce, to the extent reasonably practicable, the risk of a fall.

Fall-Protection Plans and Procedures

Written fall-protection safe-work procedure

21.3 (1) Except as provided in subsection (2), an employer must establish a written fall-protection safe-work procedure for the type of work to be performed in any work area where fall protection is required and the maximum fall distance is less than 7.5 m.

(2) A written fall-protection safe-work procedure is not required under subsection (1) if any of the following conditions apply:

(a) all persons performing the work are protected by a permanent guardrail;

(b) the work is performed from a work-platform described in Sections 23.12 to 23.15 of Part 23: Scaffolds and Other Elevated Work-platforms and all persons performing the work are using adequate fall protection.

(3) A fall-protection safe-work procedure must be based on a hazard assessment of the work typically performed by the employer and must include all of the following information:

(a) the nature of the work to be performed;

(b) the typical duration of the work;

(d) a list of the primary tools or equipment used in the work;

(e) reference to applicable health and safety legislation and regulations;

(f) a list of potential fall hazards of the work and their associated risks;

(g) the risk controls to be used to prevent injury to persons coming in contact with known hazards;

(h) the effect of weather conditions;

(i) the name of the person or position that has supervisory responsibility for the work, whether the person is present at the work area or not;

(j) the training and qualifications required for persons who will perform the work, as determined by the employer;

(k) a method for communicating the fall-protection safe-work procedure to any person who may be affected by the procedure.

Written fall-protection safe-work plan

21.4 (1) Except as provided in subsection (2), an employer must establish a specific written fall-protection safe-work plan for a specific work area where fall protection is required and the fall distance is 7.5 m or more.

(2) A specific written fall-protection safe-work plan is not required under subsection (1) if any of the following conditions apply:

(a) all persons performing the work are protected by a permanent guardrail;

(3) A fall-protection safe-work plan must be established based on a hazard assessment of the specific work to be performed in the work area and must include all of the following information:

(a) the nature of the work to be performed;

(b) the anticipated duration of the work;

(d) a list of the primary tools or equipment to be used in the work;

(e) reference to applicable health and safety legislation and regulations;

(f) a list of potential fall hazards of the work and their associated risks;

(g) the fall-protection system or systems to be used at the work area;

(h) any anchorages to be used during the work;

(i) if a fall-arrest system is to be used, confirmation that the clearance distances below the work area are sufficient to prevent a person from striking

(i) the nearest safe surface or water,

(ii) a surface or thing that could cause injury to the person on contact, or

(iii) exposed hazardous material, such as an open tank, pit or vat;

(j) a procedure to address the risks associated with the potential for swing as a result of anchorage placement when a person is using a fall-arrest system;

(k) the procedures to be used to assemble, maintain, inspect, use and disassemble a fall-protection system, as applicable;

(l) schedules for inspecting any fall-protection systems and the names of any persons responsible for carrying out the inspections;

(m) adequate written rescue procedures to be used if a person falls and requires rescue, including if a person is suspended by a fall-arrest system or personnel safety net;

(n) the effect of weather conditions;

(o) the name of a designated competent person to supervise the work area;

(p) the training and qualifications required for persons who will perform the work, as determined by the employer;

(q) a method for communicating the fall-protection safe-work plan to any person who may be affected by the plan.

(4) If a workplace has more than 1 work area for which a fall-protection safe-work plan is required, an employer may create a separate plan for each specific work area or one overall plan for the workplace that includes all of the requirements necessary for each specific plan.

Fall-Protection Systems

Guardrails

21.5 (1) An employer must ensure that a guardrail that is used as a means of fall protection is installed at all of the following places in a work area:

(a) around any uncovered opening in any surface;

(b) at the perimeter or other open side of a work area.

(2) A guardrail must be designed and installed in compliance with the CSA standard CSA Z797:18 (R2023), “Code of practice for access scaffold”.

(3) If there is a risk of falling at a doorway or the opening of a building floor, roof, walls or shaft, an employer must ensure that a guardrail is

(a) installed in accordance with this Section; and

(b) marked with a warning sign that indicates the presence of a doorway or other opening.

Temporary flooring

21.6 An employer must ensure that temporary flooring that is used as a means of fall protection is able to withstand 4 times the maximum load likely to be on it and is installed so that it meets all of the following:

(a) it extends over the entire work area with the exception of any openings necessary for the carrying out of work;

(b) it is securely fastened to prevent lateral and upward movement.

Personnel safety nets

21.7 (1) An employer must ensure that a personnel safety net used as a means of fall protection is designed, manufactured, installed, used, inspected, tested and made of materials in accordance with the latest version of ANSI standard A10.11, “American National Standard for Construction and Demolition Operations – Personnel and Debris Nets”.

(2) Despite any requirements set out in the standard required by subsection (1), a personnel safety net must be erected and installed in accordance with all of the following:

(a) it must be erected and installed under the supervision of a competent person;

(b) it must be positioned as close as reasonably practicable, but no more than 9 m below the work area and extend at least 2.4 m on all sides beyond the work area;

(c) it must be positioned and maintained so that when arresting the fall of a person, the maximum deflection of the personnel safety net does not permit any portion of the person to contact another surface;

(d) it must be free of debris, obstructions or intervening objects that may be struck by a person who falls from a workplace into the net.

Travel restraint systems

21.8 An employer must ensure that a personal travel restraint system that is used as a means of fall protection to restrict movement meets the requirements of the latest version of CSA standard CSA Z259.16, “Design of active fall-protection systems”.

Fall-arrest systems

21.9 An employer must ensure that a fall-arrest system that is used as a means of fall-protection is erected, installed, assembled, used, handled, stored, adjusted, maintained, repaired, inspected, serviced, tested, cleaned and dismantled in accordance with the manufacturer’s specifications and designed in accordance with the requirements of the latest version of CSA standard CSA Z259.16, “Design of active fall-protection systems”.

Fall-arrest for arborists

21.10 (1) An arborist using a fall-arrest system as a means of fall protection must ensure that the fall-arrest system includes all of the following:

(a) a work-positioning system and a travel restraint system, the design, markings and instructions of which comply with the latest version of CSA standard CSA Z259.1, “Body Belts and Saddles for Work Positioning and Travel Restraint”;

(b) if reasonably practicable, a second climbing rope or safety strap that is manufactured for the purpose of tree climbing and that meets all of the following criteria:

(i) it provides additional stability,

(ii) it provides back-up fall protection,

(iii) it is capable of withstanding the greater of the following:

(A) 2 times the maximum load likely to be on it,

(B) a load of 22 kN.

(2) An arborist must do all of the following before climbing in a work area:

(a) visually assess the structural stability of the tree;

(b) select and assess the safest path of ascent;

(3) While working in a tree with a fall-arrest system, and [an] arborist must do all of the following:

(a) wherever practicable, work from a crotch position with the fall-arrest system secured to an anchorage above the crotch position;

(b) when changing crotch positions, remain secured by the fall-arrest system to the anchorage for the previous crotch position until secured by the fall-arrest system to the anchorage for the next crotch position;

(d) not climb above an anchorage unless secured by another fall-arrest system secured at or above the level of the arborist;

(e) ensure that slack only occurs in ropes or lines that are part of the fall-arrest system, if it is

(i) essential to the performance of the work, and

(ii) no greater than is consistent with the safe performance of the work;

(f) when transferring from an elevating work-platform to a tree, remain attached to an anchorage on the work-platform by way of a fall-arrest system until secured to an anchorage on the tree by way of a fall-arrest system;

(g) not work in crews of fewer than 2;

(h) have at least 1 crew member remain on the ground at the work area.

Work-positioning systems

21.11 (1) Unless otherwise prescribed in these regulations, an employer must ensure a work-positioning system is used in combination with a fall-arrest system in all of the following circumstances:

(a) the centre of gravity of the person using the work-positioning system extends beyond the edge from which a person could fall;

(b) the state or condition of the work surface creates a slipping or tripping hazard.

(2) A person must not use, and an employer must ensure a person does not use, a work-positioning system as a means of fall arrest.

Equipment

Full-body harnesses

21.12 An employer must ensure that a person who is using a personal fall-arrest system wears a full-body harness and that the full-body harness is used and certified in compliance with the latest version of CSA standard CSA Z259.10, “Full Body Harnesses”.

Body belts

21.13 (1) An employer must ensure that the design, markings and instructions of body belts used comply with the latest version of CSA standard CSA Z259.1, “Body Belts and Saddles for Work Positioning and Travel Restraint”.

(2) An employer must ensure that body belts are not used as a component of a fall-arrest system.

(3) A person must not use a body belt as a component of a fall-arrest system.

Energy absorbers and lanyards

21.14 (1) An employer must ensure that a lanyard or an energy absorber used in a fall-arrest system is used and certified in compliance with the latest version of CSA standard CSA Z259.11, “Energy Absorbers and Lanyards”.

(2) An employer must ensure that a lanyard used in a fall-arrest system is equipped with an energy absorber, unless all of the following conditions are met:

(a) the combined free-fall distance and the energy absorber deceleration distance exceed the distance between the work area and a safe surface or hazard;

(b) the fall-arrest system is designed by a competent person to limit the free fall to less than 1.22 m and 8 kN arresting force;

Anchorages

21.15 An employer must ensure that all anchorages used as components of a fall-protection system are capable of withstanding the following forces in any direction in which the force may be applied:

(a) 22 kN, for non-engineered anchorage;

(b) 2 times the maximum arresting force anticipated, for an engineered anchorage.

Horizontal and vertical lifelines

21.16 (1) An employer must ensure that a horizontal lifeline used as a component of a fall-protection system meets all of the following:

(a) it is designed and installed in compliance with the latest version of CSA standard CSA Z259.16, “Design of Active Fall-Protection Systems;

(b) it is used, certified and made of material in compliance with the latest version of CSA standard CSA Z259.13, “Flexible Horizontal Lifeline Systems”.

(2) An employer must ensure that a vertical lifeline used as a component of a fall-protection system is used and certified in accordance with the latest version of CSA standard CSA Z259.2.1, “Fall Arresters, Vertical Lifelines and Rails”.

Self-retracting devices

21.17 (1) An employer must ensure the design, markings and instructions for a self-retracting device used as a component of a personal fall-arrest system comply with the latest version of CSA standard CSA Z259.2.2, “Self-Retracting Devices for Personal Fall-Arrest Systems”.

(2) An employer must ensure a self-retracting device used as a component of a fall-protection system is

(a) anchored above the user’s head unless the manufacturer’s specifications allow using a different anchorage location; and

(b) used in a manner that

(i) minimizes the hazards of swinging, and

(ii) if the user falls, limits the distance they drop during the swing to 1.2 m.

Connecting components

21.18 (1) An employer must ensure all connecting components for a fall-arrest system are used and certified in compliance with the latest version of CSA standard CSA Z259.12, “Connecting Components for Personal Fall-Arrest Systems (PFAS)”.

(2) An employer must ensure any carabiners and snap hooks used as components of a fall-arrest system are

(a) self-closing and self-locking; and

(b) only capable of being opened by a minimum of 2 consecutive and deliberate manual actions.

(3) An employer must ensure that each component of a fall-protection system is compatible with all of the following, as indicated in the manufacturer’s specifications and instructions for use of their equipment:

(a) each other component and that the safe function of any component does not interfere with the safe function of another component;

(b) the work conditions and conditions of the physical environment under which the equipment is to be used.

Fall-Protection Training

Fall-protection training required

21.19 (1) An employer must ensure that a person takes and successfully completes training on fall protection at all of the following times:

(a) before they do any of the following:

(i) use fall protection,

(ii) work in, supervise or plan the work for a work area where fall protection is required; and

(b) once at least every 3 years.

(2) A person must not use fall protection or work in, supervise or plan the work for a work area where fall protection is required before successfully completing training as required by this Section.

(3) In order to successfully complete training, a person must be deemed competent to inspect and use fall protection by 1 of the following persons who conducted the training:

(a) their employer;

(b) a training organization.

(4) Training must be instructed by a competent person.

(5) The person conducting the training must identify a method of evaluating the person taking the training and determining whether a person successfully completes the training.

Fall-protection training topics

21.20 Training on fall protection must include all of the following, as applicable to the nature of the work:

(a) a review of all applicable health and safety legislation, regulations and standards;

(b) identification of fall hazards;

(d) the different methods of fall protection and the most suitable application of the methods;

(e) fall-protection and safe-work procedures;

(f) instruction on assessing and selecting specific anchors that may be used for various applications;

(g) instruction on selecting and correctly using fall-protection components, including connecting hardware;

(h) information about the effect of a fall on the human body, including all of the following:

(i) free fall,

(ii) swing fall,

(iii) maximum arresting force, and

(iv) the purpose of energy absorbers,

(i) pre-use inspections of equipment and systems;

(j) emergency response procedures to be used if a fall occurs;

(k) practice in all of the following:

(i) inspecting, fitting, adjusting and connecting fall-protection systems and components,

(ii) the emergency response procedures required by clause (j).

Record of fall-protection training

21.21 (1) A record of fall-protection training required under Section 21.19 for each participant who successfully completes the training must be maintained by all of the following:

(a) the employer;

(b) any training organization that conducts the training.

(2) A record of training under this Section must include all the following information:

(a) the name of the participant;

(b) the date or dates of training;

(d) the name of the employer;

(e) the name of the training organization, if training is not conducted by the employer;

(f) a description of the training;

(g) the expiry date before which training must be renewed.

(3) Each person who takes fall-protection training required by Section 21.19 must be given a copy of their record maintained under this Section.

Fall-protection training certificate or card

21.22 (1) A person who conducts training must give each person who successfully completes the fall-protection training required by Section 21.20 a training certificate or card, signed by the instructor, with all of the following clearly indicated on it:

(a) the name of the participant;

(b) the date or dates of training;

(d) the type of training;

(e) the expiry date for the training certificate or card before which training must be renewed.

(2) A person must have their fall-protection training certificate or card available at the workplace at all times.

Part 22: Work Requiring Rope Access

Definitions for Part 22

22.1 In this Part,

“CEN” means the European Committee for Standardization;

“dynamic rope” means rope specifically designed to absorb energy and minimize the impact force in a fall by extending in length;

“code of practice” means a code of practice for rope access adopted in accordance with subsection 22.5(1);

“International Code of Practice” means the latest version of the International Code of Practice published by the Industrial Rope Access Trade Association;

“kermantel rope” means textile rope consisting of a core enclosed by a sheath;

“low stretch rope” means textile rope with lower elongation and less energy absorbing characteristics than dynamic rope;

“rope access” means a method of using ropes, in combination with other devices, for 1 of the following while further protected by a safety line, in which both the working line and safety line are connected to the user’s harness and separately secured to a reliable anchorage in such a way that a fall is prevented or arrested:

(i) descending or ascending a working line to get to or from the work area,

(ii) work positioning;

“rope access system” means a system used to position a person to conduct rope access;

“rope access technician” means a person, including a supervisor, who is trained and competent to perform the specific rope access tasks that are being undertaken;

“safety line” means an anchor line provided as a safeguard to protect against falls if the primary support anchorage or positioning mechanism fails;

“working line” means an anchor line used primarily for access, egress, work positioning and work restraint, but does not include a lifeline as defined in Part 21: Fall Protection.

Application of Part 22

22.2 This Part applies to any workplace where rope access methods are used to perform work or to train for work.

Conflict with Part 22

22.3 This Part prevails if there is any conflict between this Part and any of the following:

(a) another Part of these regulations except Part 2: Occupational Health;

(b) a code of practice.

Manufacturer’s specifications and standards for rope access and equipment

22.4 An equivalent CSA standard may be substituted for an ANSI or CEN standard required by this Part.

Code of practice must be adopted for rope access work

22.5 (1) An employer must ensure that work is not conducted using rope access unless the employer has adopted 1 of the following as a code of practice for the work:

(a) the International Code of Practice as modified by this Part;

(b) a written safe-work procedure under subsection (2) that is approved in writing by the Director and provides for an adequate level of safety.

(2) A written safe-work procedure adopted for the purposes of clause (1)(b) must be based on a hazard assessment of the work typically performed by the employer and must include all of the following:

(a) the type and scope of hazard assessment that will be undertaken to identify potential hazards, including how it will be conducted;

(b) appropriate methods that will be used for controlling and eliminating typical hazards;

(c) the training a rope access technician will receive before beginning rope access work and how the training ensures the rope access technician is competent to conduct the work;

(d) how the rope access system and other equipment, including personal protective equipment, will be selected to ensure it is appropriate for its intended application;

(e) how selected equipment will be maintained and inspected;

(f) the name of a competent person or persons who will supervise the work area and the qualifications that make them competent to supervise the work;

(g) the process to be followed in establishing a rope access safe-work plan in accordance with Section 22.9, including any consultation to be undertaken in developing the plan;

(h) the processes that will be put in place for

(i) rescue operations and other emergencies, including the equipment and personnel that will be available, and

(ii) protecting third parties.

Application of International Code of Practice

22.6 (1) In the International Code of Practice,

(a) “should” must be read as expressing a mandatory requirement that must be satisfied in order to comply with the Code;

(b) “work site” has the same meaning as “work area” as defined in Part 1: Interpretation and Application.

(2) Subject to subsection (3), an employer who adopts the International Code of Practice as their code of practice must comply with the Code in accordance with subsection (1) unless a requirement in the Code is specifically imposed on another party, in which case that party must comply with the requirement.

(3) Unless otherwise specified in this Part, the following provisions of the International Code of Practice do not apply to an employer who adopts the Code as their code of practice:

(a) Section 2.3: “Selection of Rope Access Technicians”;

(b) Section 2.7.1.3: “Standards”;

(d) Part 4: “Legislation”;

(e) Part 5: “Bibliography, further reading and useful addresses”.

Work restricted to rope access technicians

22.7 An employer must ensure that only rope access technicians engage in rope access work at a workplace.

Rope access technician must be competent person

22.8 (1) An employer must ensure that a rope access technician engaged in rope access work is a competent person for the intended activity in accordance with the employer’s code of practice.

(2) An employer must keep a record that documents how a rope access technician qualifies as a competent person under the regulations, and must ensure a copy of the record is available at the workplace at all times.

Rope access safe-work plan required in work areas with risk of fall

22.9 (1) Except as provided in Section 1.16 for an emergency services agency, if a rope access technician is at risk of falling from any height in a specific work area, an employer must develop a specific written rope access safe-work plan for the work area.

(2) A rope access safe-work plan must be based on a hazard assessment of the specific work area and must include all of the following information:

(a) a list of the potential hazards associated with the work to be performed and their associated risks;

(b) how the hazards will be eliminated or controlled;

(d) the procedures to be used to assemble, maintain, inspect, use and disassemble the rope access system;

(e) a list of persons who will be working in the work area, including each person’s name and their duties;

(f) the appropriate personal protective equipment to be used to perform the work;

(g) an emergency response plan, including rescue operations, to be followed at the work area;

(h) an access and rigging plan for how to rig the ropes and gain access to the work position.

Rope access technician must keep logbook

22.10 (1) A rope access technician must keep a hard copy logbook that meets all of the following criteria:

(a) it has the name of the rope access technician written on it;

(b) it is permanently bound;

(2) A rope access technician must keep their logbook at a work area at all times when they are at the work area.

(3) A rope access technician must make and sign an entry in their logbook as soon as reasonably practicable after doing rope access work and before leaving a work area.

(4) Each entry in a rope access technician’s logbook must include all of the following information:

(a) the date of the work;

(b) the geographic location of the work;

(d) the name of the supervisor for the work;

(e) the type of rope access equipment used;

(f) the time the work began;

(g) the duration of the work;

(h) the type of work performed;

(i) any accident, near miss or unusual incident that occurred and has the potential to affect health or safety;

(j) any factors that they consider relevant to their health or safety.

(5) A rope access technician must keep their logbook for at least 2 years after the date of the last entry in the logbook.

(6) An employer must ensure a rope access technician keeps a logbook in accordance with this Section.

Equipment must comply with code of practice or standards

22.11 An employer must ensure that equipment used in rope access is designed, installed, maintained and used in accordance with standards referenced in their code of practice or in accordance with the following standards that apply to the equipment being used:

(a) the latest version of CSA standard CSA Z259.1, “Body Belts and Saddles for Work Positioning and Travel Restraint”;

(b) the latest version of CSA standard CSA Z259.10, “Full Body Harnesses”;

(d) the latest version of CSA standard CSA Z259.12, “Connecting Components for Personal Fall Arrest Systems (PFAS)”;

(e) CEN standard EN 567: 1997, “Mountaineering Equipment – Rope clamps – Safety requirements and test methods”;

(f) CEN standard EN 353-2:2002, “Personal protective equipment against falls from height – Part 2: Guided type fall arresters including a flexible anchor line”;

(g) CEN standard EN 341: 1997, “Personal protective equipment against falls from height – Descender devices”.

Standards for ropes used in rope access system

22.12 (1) An employer must ensure that low stretch or static rope used in a rope access system is a Type A rope classified and approved by CEN standard EN 1892: 1998, “Personal protective equipment for the prevention of falls from a height – low stretch Kernmantel ropes”.

(2) An employer must ensure that high stretch or dynamic rope used in a rope access system is approved to CEN Standard EN 892: 2004, Mountaineering equipment – Dynamic mountaineering ropes – Safety requirements and test methods”.

Compatible components of rope access system

22.13 An employer must ensure that each component of a rope access system is compatible with all of the following, as indicated in the manufacturer’s specifications and instructions for use of their equipment:

(a) each other component, and that the safe function of any component does not interfere with the safe function of another component;

(b) the work conditions and conditions of the physical environment under which the equipment is to be used.

Anchorages in rope access system

22.14 An employer must ensure that all anchorages used as a component of a rope access system are capable of withstanding the following forces in any direction in which the force may be applied:

(a) 22 kN, for non-engineered anchorage;

(b) 2 times the maximum arresting force anticipated, for an engineered anchorage.

Protective headwear

22.15 (1) An employer must ensure that a rope access technician wears protective headwear whenever there is a foreseeable danger of injury to the rope access technician’s head while performing rope access work.

(2) Protective headwear required by subsection (1) must be appropriate to the hazards and must meet the requirements of at least 1 of the following:

(a) the latest version of CSA standard CSA Z94.1, “Industrial Protective Headwear”;

(b) the latest version of ANSI standard ANSI Z89.1, “American National Standard for Industrial Head Protection”;

(3) A rope access technician must wear protective headwear in accordance with this Section.

Working lines and safety lines

22.16 (1) An employer must ensure that working lines and safety lines used in a rope access system meet all of the following conditions:

(a) the working line and safety line of the system must be the same diameter;

(b) a safety, secondary, belay or backup line of the system must be used when the working line is the primary means of support;

(c) the working line and safety line of the system must each be provided with a separate anchorage connection and be separately fixed to the rope access technician’s harness.

(2) Clauses (1)(a) and (b) do not prohibit both the working line and safety line from being attached to a single harness attachment point.

(3) A rope access technician may connect the safety line to the sternal or frontal attachment point of the rope access technician’s full-body harness in accordance with the harness manufacturer’s specifications.

Part 23: Scaffolds and Other Elevated Work-platforms

Definitions for Part 23

23.1 In this Part,

“boatswain’s chair” means a simple body support device used for work positioning that typically incorporates a rigid seat and a suspension bridle and is suspended from an anchorage;

“bracket scaffold” means a scaffold consisting of a work-platform that is supported by metal brackets and attached to a structural wall but does not include a side bracket or end bracket;

“crane-supported work-platform” means a work-platform suspended from the cable of a hoist or crane, or attached directly to the boom of a crane by mechanical fasteners;

“elevating work-platform” means a type of integral chassis aerial platform that has an adjustable position platform that is supported from ground level;

“ITSDF” means the Industrial Truck Standards Development Foundation;

“ladderjack scaffold” means a scaffold erected by means of attaching 1 or more brackets to 1 or more ladders to support a work-platform;

“lift truck” means a lift truck as defined in the latest version of ANSI standard ANSI/ITSDF B56.1, “Safety Standard for Low Lift and High Lift Trucks”;

“lift truck work-platform” means a work-platform designed to be mounted on a high lift truck, or other elevating device, to provide a safe-working area for a person elevated by and working from the platform’s surface;

“pumpjack scaffold” means a scaffold consisting of a work-platform supported by vertical poles and adjustable support brackets;

“rolling scaffold” means an assembled scaffold

(i) supported by wheels, and

(ii) moved manually,

“scaffold” means a temporary elevated or hanging platform and its structural members that are used to support persons and materials, or both;

“standard”, in relation to a component of access scaffolding equipment, means a vertical scaffold member that supports the weight of a scaffold;

“suspended platform” means an access system that meets all of the following criteria, and includes but is not limited to permanently installed suspended equipment, temporary suspended equipment, a boatswain’s chair, stages running on an incline and suspended work cages:

(i) it is suspended from overhead and arranged for hoisting, and may traverse the exterior or interior side of a building or structure, and

(ii) it consists of a platform and means of suspension, lateral restraint, hoisting and anchoring;

“transom”, in relation to a component of access scaffolding equipment, means a horizontal scaffold member capable of supporting a platform or a lifting beam;

“work-platform” means a temporary horizontal working surface that provides access and support for a person at the workplace.

Engineer’s certification of scaffolding

23.2 In addition to any certification required under Section 1.11, an employer must ensure that the design and installation of a scaffold used in a workplace are certified by an engineer if

(a) required by the CSA standard CSA Z797:18 (R2023), “Code of practice for access scaffold”; or

(b) the scaffold is a wooden scaffold that is taller than 10 m high measured from the height of the highest work-platform.

Standards for scaffolds

23.3 (1) An employer must ensure that a scaffold that is required to safely perform work is erected, installed, assembled, used, handled, stored, adjusted, maintained, repaired, inspected or dismantled in accordance with the CSA standard CSA Z797:18 (R2023), “Code of practice for access scaffold”.

(2) An employer must ensure that a scaffold is

(a) designed to support and capable of holding at least 4 times the load that is likely to be on it; and

(b) not used for a load that is heavier than 25% of the load that it is designed for.

Scaffolding equipment prohibited

23.4 A person must not use, and an employer must ensure a person does not use, any of the following equipment at a workplace:

(a) wooden pumpjack scaffold poles;

(b) wooden carpenter’s brackets;

Pumpjack scaffolds

23.5 (1) An employer must ensure that any pumpjack scaffold system used is metal.

(2) A pumpjack scaffold must be installed and used so that all of the following conditions are met:

(a) the load on the pumpjack scaffold is less than 122 kg per square metre (25 lbs. per square foot) and no more than 2 persons are between supporting poles at a time;

(b) the height of the scaffold is no higher than 13.7 m;

(c) unless otherwise specified in the manufacturer’s specifications, it has bracing every 4.6 m, starting at the base of the scaffold.

(3) A person must use pumpjack scaffolds in accordance with this Section.

Bracket scaffolds

23.6 (1) An employer must ensure that a bracket scaffold meets all of the following conditions:

(a) brackets on a bracket scaffold must be spaced no more than 3 m apart;

(b) a loaded bracket scaffold must be securely attached to a structural wall that is able to withstand the force applied in accordance with the manufacturer’s specifications by

(i) bolting the bracket scaffold to the wall, or

(ii) welding the bracket scaffold to steel structures attached to the wall;

(2) A person must use bracket scaffolds in accordance with subsection (1).

Roofing brackets

23.7 (1) An employer must ensure roofing brackets meet all of the following conditions:

(a) they must be securely fastened to the roof;

(b) they must have a span of no greater than 3 m;

(2) A person must use roof brackets in accordance with subsection (1).

Safe-use practices for scaffolds

23.8 An employer must ensure compliance with the safe-use practices for scaffolds set out in the CSA standard CSA Z797:18 (R2023), “Code of practice for access scaffold”, including the falling object protection precautions if there is danger of objects falling from the scaffold and striking a person below.

Inspections of scaffolds

23.9 (1) An employer must ensure that a scaffold used at a workplace is inspected daily by a competent person or engineer.

(2) The results of any inspection of a scaffold must be communicated to the users by methods described in the CSA standard CSA Z797:18 (R2023), “Code of practice for access scaffold”.

Materials to be used in scaffold work-platforms

23.10 (1) Except as otherwise provided in these regulations, an employer must ensure that materials to be used in a work-platform as part of a scaffold comply with the CSA standard CSA Z797:18 (R2023), “Code of practice for access scaffold”.

(2) If sawn lumber is used for scaffold planks, an employer must ensure that it meets 1 of the following specifications:

(a) the planks are No. 1 grade or Select Structural Spruce-Pine-Fir (S-P-F) grade and sized 51 mm thick and 254 mm wide;

(b) the planks are No. 2 grade or better and sized no smaller than 38 mm thick and 235 mm wide rough sawn lumber, and are doubled up and fastened one on top of the other.

(3) An employer must ensure that material used as scaffold planks, other than sawn lumber, complies with the CSA standard CSA Z797:18 (R2023), “Code of practice for access scaffold”.

Suspended work-platforms

23.11 (1) An employer must ensure that a suspended work-platform is

(a) inspected and operated in accordance with the latest version of CSA standard CSA Z91, “Health and Safety Code for Suspended Equipment Operations”; and

(b) designed, constructed, installed, maintained, and inspected in accordance with the latest version of CSA standard CSA Z271, “Safety Code for Suspended Platforms”.

(2) If there is danger of objects falling from the scaffold and striking a person below, an employer must ensure that falling object protection precautions are taken in accordance with the latest version of CSA standard CSA Z271, “Safety Code of Suspended Platforms”.

(3) If a suspended work-platform is out of level by greater than 10%, an employer must ensure that

(a) no work is conducted on the platform; and

(b) the platform is moved only to adjust it to level.

Lift truck work-platform

23.12 (1) An employer must ensure that a lift truck work-platform is designed, maintained, inspected and operated in accordance with the latest version of ANSI standard ANSI/ITSDF B56.1, “Safety Standard for Low Lift and High Lift Trucks”.

(2) While a person is on a lift truck work-platform, the lift truck used to lift a person must be operated only under the following conditions:

(a) it must be operated by a competent person who must be continuously at the controls;

(b) it must not be moved laterally over large distances;

Elevating work-platforms

23.13 (1) An employer must ensure that portable, self-propelled and self-propelled boom-supported elevating work-platforms are designed, constructed, erected, maintained, inspected, monitored and used in accordance with the latest version of the following applicable standards:

(a) CSA standard CSA B354.1, “Portable Elevating Work Platforms”;

(b) CSA standard CSA B354.2, “Self-Propelled Elevating Work Platforms”;

(d) CSA standard CSA C225, “Vehicle Mounted Aerial Devices”.

(2) An employer must ensure that elevating work-platforms used for fire-fighting are designed, constructed, erected, maintained, inspected, monitored and used in accordance with the latest version of the following applicable standards:

(a) NFPA standard NFPA 1901, “Standard for Automotive Fire Apparatus”;

(b) NFPA standard NFPA 1911, “Standard for the Inspection, Maintenance, Testing and Retirement of In Service Automotive Fire Apparatus”.

(3) An employer must ensure that a record of inspections, tests, repairs, modifications and maintenance activities required by the applicable standards in subsections (1) and (2) includes the name and signature of the person or persons who performed the required activities.

(4) Whether or not guardrails are also installed, before operating the equipment in subsection (1) or (2), an employer must ensure, in accordance with Part 21: Fall Protection, that fall-arrest equipment is worn and anchored to a suitable anchorage.

Crane-supported work-platforms

23.14 (1) An employer must ensure that a crane-supported work-platform is designed, maintained, inspected and used in accordance with the latest version of CSA standard CSA Z150, “Safety Code on Mobile Cranes”.

(2) An operator of a crane or hoist used to suspend a work-platform must have an effective means of constant communication with a person on the platform.

Mast-climbing work-platforms

23.15 An employer must ensure that a mast-climbing work-platform is designed, constructed, erected, maintained, inspected and used in accordance with the latest version of CSA standard CSA B354.5, “Mast-climbing work platforms”.

Lifting persons in certain equipment prohibited

23.16 Except as expressly permitted in these regulations or in some other enactment, a person must not be lifted or held aloft in equipment that is not specifically designed for that purpose, including loader buckets or backhoes.

Part 24: Temporary Workplaces on Highways

Definitions for Part 24

24.1 In this Part,

“code of practice” means a code of written work procedures adopted in accordance with Section 24.3 for construction, maintenance or utility work conducted at a temporary highway workplace;

“high-visibility safety apparel” means brightly coloured and retroreflective apparel worn to enhance conspicuousness;

“highway” means

(i) a public highway, street, lane, road or bridge, and

(ii) private property that is designed to be and is accessible to the general public for the operation of a vehicle,

“safe-work procedure” means a written work procedure adopted in accordance with Section 24.4 for work conducted at a temporary highway workplace other than construction, maintenance or utility work;

“temporary highway workplace” means a workplace that is

(i) of a temporary nature, and

(ii) located on or near a highway, and situated and equipped so that

(A) it is a potential impediment to vehicle traffic on the highway, or

(B) an approaching driver has to reduce their speed or alter the path of travel of their vehicle;

“Temporary Workplace Traffic Control Manual” means the latest version of the Temporary Workplace Traffic Control Manual published by the Department of Transportation and Infrastructure Renewal;

“vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting a motorized wheelchair and devices moved by human power or used exclusively upon stationary rails or tracks.

Application of Part 24

24.2 This Part applies only to temporary highway workplaces.

Code of practice required for construction, maintenance or utility work

24.3 (1) An employer must ensure that construction, maintenance or utility work is not conducted at a temporary highway workplace until the employer adopts 1 of the following as a code of practice for the work:

(a) the Temporary Workplace Traffic Control Manual;

(b) a written safe-work procedure, approved in writing by the Director, that provides for an adequate level of safety in relation to the general considerations for traffic control set out in the Temporary Workplace Traffic Control Manual, including all of the considerations set out in subsection (2).

(2) A written safe-work procedure adopted for the purposes of clause (1)(b) must clearly identify the measures to be taken to provide an adequate level of safety in relation to all of the following:

(a) the nature of the work to be performed at the temporary highway workplace;

(b) the physical area covered by the temporary highway workplace;

Text lettered as (b) in original, but relettered as (c) for the purposes of this consolidation.

(d) how much the work area encroaches on the highway;

(e) the selection, use and placement of signs and devices to address

(i) how much traffic will be around the temporary highway workplace and how fast the traffic moves,

(ii) how much advance notice a vehicle driver requires when approaching a temporary highway workplace, and

(iii) how much distance a vehicle driver requires to adequately prepare for the temporary highway workplace;

(f) the number of temporary workplace personnel required and their responsibilities, positioning, training, clothing, equipment, communication and signalling;

(g) the effect that weather conditions could have on the temporary highway workplace;

(h) any reasonably foreseeable circumstances that could adversely affect the ability of approaching vehicle drivers to see a person at the temporary workplace.

(3) A code of practice approved under clause (1)(b) must include a completed workplace checklist that has enough detail to demonstrate that consideration has been given to the general principles of traffic control set out in the Temporary Workplace Traffic Control Manual.

Safe-work procedure required for other work

24.4 Except as provided in Section 1.17 for emergency services agencies, an employer must ensure that any work other than construction, maintenance or utility work is not conducted at a temporary highway workplace until the employer adopts a written safe-work procedure for the type of work to be conducted that identifies the measures to be taken to provide an adequate level of safety in relation to all of the factors set out in subsection 24.3(2).

Requirements for employees on foot

24.5 Except as provided in Section 1.17 for emergency services agencies, an employer who conducts work at a temporary highway workplace must ensure that all of the following requirements are met for an employee who is on foot at the temporary highway workplace:

(a) the employee must wear high-visibility safety apparel that is in accordance with all of the following:

(i) for the selection, use and care of the apparel, the latest version of CSA standard CSA Z96.1, “Guideline on selection, use and care of high-visibility safety apparel”,

(ii) for the design and performance of the apparel, the latest version of CSA standard CSA Z96, “High-visibility safety apparel”;

(b) when directing traffic at or near the temporary highway workplace, the employee must use a flashlight with a red cone or an equivalent light for use at all of the following times:

(i) from a half hour after sunset to a half hour before sunrise,

(ii) any time when visibility is so limited, by fog, rain, snow or other atmospheric conditions or by poor lighting, that a person is not clearly visible at a distance of 100 m;

(c) if the employee has a vehicle equipped with flashing lights, the employee must have the flashing lights turned on while working at the temporary highway workplace.

Part 25: Occupational Diving

(This heading is here as a placeholder only. There is no content for this Part yet. For the current regulations on this subject matter, see the Occupational Diving Regulations made under the Act.)

Part 26: Violence in the Workplace

(This heading is here as a placeholder only. There is no content for this Part yet. For the current regulations on this subject matter, see the Violence in the Workplace Regulations made under the Act.)

Part 27: Not Allocated

(This heading is here as a placeholder only. There is no content for this Part yet.)

Part 28: Not Allocated

(This heading is here as a placeholder only. There is no content for this Part yet.)

Part 29: Not Allocated

(This heading is here as a placeholder only. There is no content for this Part yet.)

Part 30: Reviews and Appeals

Definition for Part 30

30.1 In this Part,

“appeal” means an appeal of an order or decision filed under Section 69 of the Act or an appeal of an administrative penalty filed under Part 31: Administrative Penalties.

Application of Part 30

30.2 This Part applies with respect to all of the following:

(a) all orders and decisions referred to in Sections 67 and 69 of the Act;

(b) all administrative penalties imposed under Part 31: Administrative Penalties.

Time period for Director to review officer’s order or decision

30.3 A review or alteration by the Director of an order or decision of an officer under Section 67 of the Act or of an administrative penalty under Section 31.8 may be carried out

(a) for a matter that is not appealed, at any time within the 30 days after the date the order, decision or administrative penalty is served on the recipient;

(b) for a matter that is appealed, no later than 10 days after the Director is notified by the Board under subsection 69(5) of the Act or subsection 31.13(2), as the case may be, that a notice of appeal of the order, decision or administrative penalty has been filed.

Information required for notice of appeal

30.4 In addition to the information required by subsection 69(3) of the Act, a notice of appeal must be in writing and must include all of the following information about the person appealing:

(a) name;

(b) address;

Onus on appellant

30.5 In any appeal, the onus is on the appellant to establish, on a balance of probabilities, that the order, decision or administrative penalty should not be confirmed.

Technical irregularities and defects

30.6 (1) No proceedings before the Board are invalid by reason of any defect in form or any technical irregularity.

(2) The Board must not revoke an order, decision or administrative penalty because of a defect in form or a technical irregularity, including a defect in the information provided as required by Section 31.4 in a notice of administrative penalty, unless the person appealing the order, decision or administrative penalty establishes on a balance of probabilities that they were prejudiced by the defect or technical irregularity and the Board cannot cure the prejudice through an extension of time or any other procedural ruling that the Board could make.

Record of decision

30.7 (1) For each appeal hearing it conducts, the Board must maintain a record of its decision-making process to submit to the court in the event of an application for review of a decision of the Board under subsection 70(2) of the Act.

(2) A record of the Board’s decision-making process must consist of all of the following:

(a) the Board’s decision;

(b) all documents submitted to the Board with respect to the Board’s decision; and

(3) For greater certainty, notes made personally by any member of the Board in a hearing or in related preparations or deliberations are not part of the record of the Board’s decision-making process for the purposes of this Section.

Part 31: Administrative Penalties

Definitions for Part 31

31.1 In this Part,

“administrative penalty” means an administrative penalty imposed under Section 31.2;

“former regulations” means the Occupational Health and Safety Administrative Penalties Regulations, N.S. Reg. 291/2009;

“presented for service”, in relation to either of the following documents, means given to an agent in order for the agent, on behalf of an officer, to serve the document on a person by a form of delivery set out in clause 40(2)(a) or (b) of the Act:

(i) a notice of administrative penalty being served in accordance with subsection 31.3(1),

(ii) a notice of an extension of the time period for service of a notice of administrative penalty being served in accordance with subsection 31.3(3);

“workplace inspection report” means a written report of a workplace inspection conducted by an officer.

Officer may impose administrative penalty

31.2 (1) An officer may impose an administrative penalty on a person who has contravened a provision of the Act or a regulation made under the Act and has been issued an order with respect to the contravention.

(2) An administrative penalty is imposed on a person by serving the person or having the person served with a notice of administrative penalty.

Time period for serving notice of administrative penalty

31.3 (1) Except as permitted in subsection (2), a notice of administrative penalty must be personally served by an officer or presented for service no later than 14 days after the date the written order is issued respecting the contravention for which the administrative penalty is being imposed.

(2) If the Director considers it necessary to extend the time period for imposing an administrative penalty on a person, the Director must notify the person that an administrative penalty is being considered and may be imposed at a later date.

(3) A notice of an extension under subsection (2) must be personally served by an officer or presented for service no later than 14 days after the date the written order is issued respecting the contravention for which the administrative penalty is being considered.

Content of notice of administrative penalty

31.4 (1) A notice of administrative penalty must be in writing and must contain all of the following information:

(a) the name of the person on whom the administrative penalty is imposed;

(b) the provision of the Act or the regulation made under the Act that was contravened;

(d) the identifying number assigned to the order and workplace inspection report respecting the contravention;

(e) the amount of the administrative penalty;

(f) when and how the administrative penalty must be paid;

(g) the process for filing an appeal of the administrative penalty.

(2) Further particulars that support the substance of a contravention as indicated in accordance with clause (1)(c) may be set out in either or both of

(a) an order respecting the contravention; or

(b) a workplace inspection report respecting the contravention.

Amount of administrative penalty

31.5 (1) The amount of an administrative penalty is as set out in the following table:

Person On Whom Administrative Penalty Imposed	Administrative Penalty
Person On Whom Administrative Penalty Imposed	1st	2nd	3rd or subsequent
employer, contractor, constructor, supplier, provider of occupational health or safety service, architect or professional engineer	$500	$1000	$2000
employee who has supervision responsibilities, owner or self-employed person	$250	$500	$1000
employee	$100	$200	$500

(2) Subject to subsection (3), in determining whether an administrative penalty for a contravention is a 2nd, 3rd or subsequent penalty for the purpose of subsection (1), only an administrative penalty that was imposed within the 3-year period immediately before the date of the contravention is counted as a previous administrative penalty.

(3) The 3-year period referred to in subsection (2) must not include any period of time earlier than the date this Part comes into force.

Administrative penalty imposed for each day

31.6 An officer may impose an administrative penalty for each day a contravention continues.

Administrative penalty does not relieve person from duty to comply

31.7 The imposition of an administrative penalty does not relieve a person from their duty to comply with the order respecting the contravention for which the administrative penalty was imposed.

Director may review administrative penalty

31.8 (1) Subject to the time limit in Section 30.3, the Director may, on the Director’s own motion, review an administrative penalty and do any of the following after consulting with the officer who imposed the administrative penalty:

(a) amend the administrative penalty for any reason, including any of the following:

(i) to correct a defect in form or a technical irregularity,

(ii) to correct a reference to a provision of the Act or a regulation made under the Act;

(b) substitute an administrative penalty in a lesser amount as set out in the table in subsection 31.5(1), if the Director considers that an administrative penalty is warranted but disagrees as to whether the administrative penalty that was imposed is the 2nd, 3rd or subsequent penalty, as the case may be;

(2) On amending, substituting or revoking an administrative penalty, the Director must

(a) serve notice of the amendment, substitution or revocation on the person to [on] whom the administrative penalty was imposed; and

(b) if the Director has been notified by the Board as referred to in clause 30.3(b) that a notice of appeal of the administrative penalty has been filed, provide the Board with a copy of the notice served on the person under clause (a).

Paying administrative penalty

31.9 (1) Except as provided in subsection (2), a person who is served a notice of administrative penalty must pay the administrative penalty no later than 30 days after the date the notice is served.

(2) An administrative penalty that is appealed is not required to be paid unless the Board decides that an administrative penalty must be paid, and in that case it must be paid no later than 30 days after the date of the Board’s decision.

Failure to pay administrative penalty

31.10 If an administrative penalty is not paid by the applicable deadline in Section 31.9, the amount of the administrative penalty is a debt due to the Crown in right of Nova Scotia.

Person required to pay administrative penalty not charged with offence

31.11 A person who is required to pay an administrative penalty for a contravention must not be charged with an offence for the same contravention.

Collected penalty funds used for safety initiatives

31.12 All funds from penalties collected under this Part must be deposited into the Occupational Health and Safety Public Education Trust Fund and used for the purpose of occupational health and safety initiatives, including public education.

Appealing administrative penalty

31.13 (1) A person on whom an administrative penalty is imposed may appeal the administrative penalty by filing a notice of appeal with the Board no later than 30 days after the date the person is served with the notice of administrative penalty.

(2) The Board must notify the Director in writing that a notice of appeal has been filed within a reasonable time after receiving the notice and before beginning the appeal hearing.

Extension for filing appeal of order when administrative penalty imposed

31.14 (1) If a person is served with a notice of administrative penalty, the time period set out in subsection 69(2A) of the Act for filing a notice of appeal of the order respecting the contravention for which the administrative penalty is imposed is extended to no later than 30 days after the date the person is served with the notice of administrative penalty.

(2) The extension under subsection (1) for filing a notice of appeal of an order also applies if the administrative penalty is imposed after a time extension by the Director under subsection 31.3(2), unless the order has already been appealed and a decision has been rendered by the Board.

Appealing administrative penalty after amendment or substitution by Director

31.15 (1) If an administrative penalty is appealed to the Board and the Director subsequently amends or substitutes an administrative penalty, the appeal will proceed as an appeal of the Director’s decision.

(2) The appellant in an appeal described in subsection (1) may amend their notice of appeal if permitted to do so by the Board, and any amended notice of appeal must be submitted in the form and manner required by the Board.

(3) If an administrative penalty has not been appealed and the Director amends or substitutes an administrative penalty, the person on whom the amended or substituted penalty is imposed may appeal the administrative penalty as amended or substituted by the Director by filing a notice of appeal with the Board no later than 30 days after the date the person is served with notice of the amended or substituted administrative penalty.

(4) Subsection 31.13(2) and Sections 31.16 to 31.21 apply with the necessary changes in detail to an appeal under subsection (3) of an administrative penalty that has been amended or substituted by the Director.

Notice of appeal of administrative penalty

31.16 A notice of appeal of an administrative penalty must be in writing and must include or be accompanied by all of the following:

(a) the same information as required by Section 30.4 for a notice of appeal under Part 30;

(b) a copy of the notice of administrative penalty that is being appealed;

(d) the relief requested.

Board must conduct hearing

31.17 (1) The Board must conduct a hearing of an appeal of an administrative penalty, either orally or through written submissions.

(2) The Director is a party to any appeal heard under this Part.

Power of Board on appeal

31.18 The Board must do 1 of the following on an appeal of an administrative penalty:

(a) confirm the administrative penalty;

(b) revoke the administrative penalty;

(c) substitute an administrative penalty in a lesser amount as set out in the table in subsection 31.5(1), if the Board considers that an administrative penalty is warranted but disagrees as to whether the administrative penalty that was imposed is the 2nd, 3rd or subsequent penalty, as the case may be.

Administrative penalty appeal must be heard with appeal of order

31.19 If a person appeals both an order and an administrative penalty respecting the contravention for which the order was issued, the Board must hear the appeals together, but must render separate decisions for the order and the administrative penalty.

Board must provide copy of decision

31.20 The Board must provide a copy of its decision in an appeal of an administrative penalty to the person who appealed the administrative penalty and to the Director.

Application of Part 30: Appeals to appeal of administrative penalty

31.21 Part 30: Appeals applies to an appeal of an administrative penalty under this Part.

Transition for administrative penalty appeals

31.22 An appeal of an administrative penalty must be heard and determined in accordance with the former regulations in either of the following circumstances:

(a) the appeal was initiated under the former regulations before this Part came into force and the appeal was not completed before this Part came into force;

(b) the appeal is initiated under the former regulations after the coming into force of this Part.

The current consolidation of the Workplace Health and Safety Regulations made under the Occupational Health and Safety Act includes all of the following regulations:

The following regulations are not yet in force and are not included in the current consolidation:

N.S. Regulation	In force date*	How in force	Royal Gazette Part II Issue
52/2013	Jun 12, 2013	date specified	Mar 22, 2013
143/2014	Oct 1, 2014	date specified	Oct 3, 2014
43/2022	Jun 13, 2022	date specified	Mar 25, 2022
73/2024	Mar 26, 2024	date specified	Apr 5, 2024
119/2024	Jun 18, 2024	date specified	Jun 28, 2024

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

	Note	Effective date
1	Second clause 1.8(1)(b) in original text redesignated as (c) for the purposes of this consolidation.
2	Clauses 21.1(3)(d)-(f) of original text moved to correct place in alphabetical order for the purposes of this consolidation.
3	Clauses 22.9(2)(g) and (h) of original text moved to correct place in alphabetical order for the purposes of this consolidation.
4	The reference to the Department of Transportation and Infrastructure Renewal in s. 24.1 should be read as a reference to the Department of Transportation and Active Transit in accordance with O.I.C. 2021-56 under the Public Service Act, R.S.N.S. 1989, c. 376.	Feb 23, 2021
5	The reference to the Department of Labour and Advanced Education in s. 1.2 should be read as a reference to the Department of Labour, Skills and Immigration in accordance with O.I.C. 2021-208 under the Public Service Act, R.S.N.S. 1989, c. 376.	Aug 31, 2021
6	The reference to the Department of Transportation and Infrastructure Renewal in s. 24.1 should be read as a reference to the Department of Public Works in accordance with O.I.C. 2021-209 under the Public Service Act, R.S.N.S. 1989, c. 376.	Aug 31, 2021

N.S. Regulation	Title	In force date	Repealed date

112/1976	Occupational Health and Safety Regulations made under the Health Protection Act	Dec 21, 1976	Jun 12, 2013
172/1991	Temporary Workplace Traffic Control Regulations	Aug 1, 1991	Jun 12, 2013
2/1996	Fall Protection and Scaffolding Regulations	Jan 3, 1996	Jun 12, 2013

Note: Only regulations that are specifically repealed and replaced appear in this table. It may not reflect the entire history of regulations on this subject matter.

ad. = added am. = amended	fc. = fee change ra. = reassigned		rep. = repealed rs. = repealed and substituted
Provision affected		How affected
Part 3................................................		ad. 119/2024
Part 4................................................		ad. 43/2022
Parts 30-31........................................		ad. 143/2014
“latest version of CSA standard CSA Z797, “Code of Practice for Access Scaffolds”” replaced throughout with “CSA standard CSA Z797:18 (R2023), “Code of practice for access scaffold””........................................................		am. 73/2024

Workplace Health and Safety Regulations	N.S. Reg. 52/2013
Occupational Health and Safety Act
Note: The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.