OCCUPATIONAL HEALTH AND SAFETY ACT
R.S.N.L. 1990, c. O-3

Section 2 Definitions

2. In this Act

(a) "assistant deputy minister" means an assistant deputy minister appointed under section 9 of the Executive Council Act for the proper conduct of this Act;

(b) "board" means the Labour Relations Board referred to in the Labour Relations Act;

(c) "committee" means an occupational health and safety committee referred to in this Act;

(d) "council" means the Occupational Health and Safety Council referred to in this Act;

(e) "division" means the Occupational Health and Safety Division;

(f) "employer" means a person who employs 1 or more workers;

(g) "minister" means the minister appointed under the Executive Council Act to administer this Act;

(h) "occupation" means employment prescribed by the regulations as an occupation;

(i) "officer" means an occupational health and safety officer appointed under this Act and includes a medical practitioner providing services under section 20 while he or she is providing those services;

(j) "principal contractor" means the person primarily responsible for the carrying out of a project and includes the person who owns the thing in respect of which the project is being carried out;

(k) "self-employed person" means a person who is engaged in an occupation on his or her own behalf;

(k.1) "supervisor" means a person authorized or designated by an employer to exercise direction and control over workers of the employer;

(l) "supplier" means a person who rents or leases tools, appliances or equipment to be used by a worker;

(m) "worker" means a person engaged in an occupation; and

(n) "workplace" means a place where a worker or self-employed person is engaged in an occupation and includes a vehicle or mobile equipment used by a worker in an occupation.

[S.N.L. 1999, c. 28, s. 1; 2006, c. 16, s. 1; 2009, c. 19, s. 1]

Section 4 Employers' general duty

4. An employer shall ensure, where it is reasonably practicable, the health, safety and welfare of his or her workers.

Section 5 Specific duties of employers

5. Without limiting the generality of section 4, an employer

(a) shall, where it is reasonably practicable, provide and maintain a workplace and the necessary equipment, systems and tools that are safe and without risk to the health of his or her workers;

(b) shall, where it is reasonably practicable, provide the information, instruction, training and supervision and facilities that are necessary to ensure the health, safety and welfare of his or her workers;

(c) shall ensure that his or her workers, and particularly his or her supervisors, are made familiar with health or safety hazards that may be met by them in the workplace;

(d) shall, where it is reasonably practicable, conduct his or her undertaking so that persons not in his or her employ are not exposed to health or safety hazards as a result of the undertaking;

(e) shall ensure that his or her workers are given operating instruction in the use of devices and equipment provided for their protection;

(f) shall consult and co-operate with the occupational health and safety committee, the worker health and safety representative or the workplace health and safety designate, where the employer is not the workplace health and safety designate, on all matters respecting occupational health and safety at the workplace;

(f.1) shall respond in writing within 30 days to a recommendation of

(i) the occupational health and safety committee at the workplace,

(ii) the worker health and safety representative at the workplace, or

(iii) where the employer is not the workplace health and safety designate, the workplace health and safety designate at the workplace

indicating that the recommendation has been accepted or that it has been rejected, with a reason for the rejection;

(f.2) shall provide periodic written updates to

(i) the occupational health and safety committee at the workplace,

(ii) the worker health and safety representative at the workplace, or

(iii) where the employer is not the workplace health and safety designate, the workplace health and safety designate at the workplace

on the implementation of a recommendation accepted by the employer until the implementation is complete;

(f.3) shall consult with

(i) the occupational health and safety committee at the workplace,

(ii) the worker health and safety representative at the workplace, or

(iii) where the employer is not the workplace health and safety designate, the workplace health and safety designate at the workplace

about the scheduling of workplace inspections that are required by the regulations, and ensure that the committee, the worker health and safety representative or the workplace health and safety designate participates in the inspection; and

(g) shall co-operate with a person exercising a duty imposed by this Act or regulations.

[S.N.L. 1999, c. 28, s. 2; 2001, c. 10, s. 25; 2004, c. 52, s. 1]

Section 5.1 Supervisors' general duty

5.1 A supervisor shall ensure, where it is reasonably practicable, the health, safety and welfare of all workers under his or her supervision.

[S.N.L. 2009, c. 19, s. 2]

Section 5.2 Specific duties of supervisors

5.2 A supervisor shall

(a) advise workers under his or her supervision of the health or safety hazards that may be met by them in the workplace;

(b) provide proper written or oral instructions regarding precautions to be taken for the protection of all workers under his or her supervision; and

(c) ensure that a worker under his or her supervision uses or wears protective equipment, devices or other apparel that this Act, the regulations or the worker's employer requires to be used or worn.

[S.N.L. 2009, c. 19, s. 2]

Section 6 Workers' general duty

6. A worker, while at work, shall take reasonable care to protect his or her own health and safety and that of workers and other persons at or near the workplace.

Section 7 Specific duties of workers

7. A worker

(a) shall co-operate with his or her employer and with other workers in the workplace to protect

(i) his or her own health and safety,

(ii) the health and safety of other workers engaged in the work of the employer,

(iii) the health and safety of other workers or persons not engaged in the work of the employer but present at or near the workplace;

(a.1) shall use devices and equipment provided for his or her protection in accordance with the instructions for use and training provided with respect to the devices and equipment;

(b) shall consult and co-operate with the occupational health and safety committee, the worker health and safety representative or the workplace health and safety designate at the workplace; and

(c) shall co-operate with a person exercising a duty imposed by this Act or regulations.

[S.N.L. 1999, c. 28, s. 3; 2001, c. 10, s. 26; 2004, c. 52, s. 2]

Section 8 Imminent danger

8. A worker shall not

(a) carry out work where there exists an imminent danger to his or her or another worker's health or safety or the health or safety of another person; or

(b) operate a tool, appliance or equipment that will create an imminent danger to his or her or another worker's health or safety or the health or safety of another person.

Occupational Health and Safety Regulations, 2012
N.L.R. 5/12

Part III GENERAL DUTIES

Section 14 General duties of employers

14. (1) An employer shall ensure, so far as is reasonably practicable, that all buildings, structures, whether permanent or temporary, excavation, machinery, workstations, places of employment and equipment are capable of withstanding the stresses likely to be imposed upon them and of safely performing the functions for which they are used or intended.

(2) An employer shall ensure that necessary protective clothing and devices are used for the health and safety of the employer’s workers.

(3) The employer shall ensure that safe work procedures are followed at all workplaces.

(4) An employer shall ensure, so far as is reasonably practicable, that work procedures promote the safe interaction of workers and their work environment to minimize the potential for injury.

[N.L.R. 43/22, s. 3]

Section 16 Safe working load of equipment

16. (1) Except as provided elsewhere in these regulations, the safe working load of equipment shall be that specified by the manufacturer.

(2) The safe working load of equipment shall be certified by a suitably qualified and registered professional engineer or other person named by the employer and acceptable to the assistant deputy minister where

(a) the manufacturer's specification or other acceptable warranty cannot be produced;

(b) the equipment has been modified in a manner that changes its safe working load;

(c) wear, corrosion, damage or signs of fatigue are found which may reduce the safe working load;

(d) the equipment is used in a manner or for a purpose other than that for which it was originally designed, where that use changes the safe working load; or

(e) the provision of the certification is considered to be necessary by an officer.

Section 17 General duties of workers

17. (1) A worker shall make proper use of all necessary safeguards, protective clothing, safety devices, lifting devices or aids, and appliances

(a) designated and provided for the worker’s protection by the employer; or

(b) required under these regulations to be used or worn by a worker.

(2) A worker shall follow the safe work procedure in which the worker has been instructed.

(3) A worker shall immediately report a hazardous work condition that may come to the worker’s attention to the employer or supervisor.

[N.L.R. 43/22, s. 4]

Section 18 Safety inspections

18. (1) Regular inspections of all buildings, excavations, structures, machinery, equipment, work practices and places of employment shall be made by the employer or the employer’s representative at intervals to ensure that safe working conditions are maintained and that unsafe conditions found as a result of the inspection are remedied without delay.

(2) Where an unsafe condition is discovered by a person, it shall be reported as soon as practicable to a supervisor who shall ensure that appropriate action is taken, without delay, to prevent a worker from being injured.

(3) Where emergency action is required to correct a condition that constitutes an immediate threat to workers, only those qualified and properly instructed workers necessary to correct the unsafe condition shall be exposed to the hazard and every possible effort shall be made to control the hazard while the corrective action is taking place.

[N.L.R. 43/22, s. 5]

Part V GENERAL HEALTH AND SAFETY REQUIREMENTS

Section 26 Personal conduct

26. (1) A worker with a medically documented physical or mental impairment shall not be assigned to work where those impairments endanger the health and safety of that worker or other workers.

(2) An employer, supervisor or worker shall not enter or remain on the premises of a workplace or at a job site while the employer’s, supervisor’s or worker’s ability to perform work responsibilities is impaired by intoxicating substances or another cause that endangers the health or safety of the employer, supervisor or worker or that of other workers.

(3) A person shall not engage in horseplay, scuffling, unnecessary running or jumping, practical jokes or other similar activity or behaviour that may create or constitute a hazard to workers.

(4) Before tools, machinery or equipment is put into operation, the person responsible for doing so shall ensure that all guards are in place and that putting the equipment into operation does not endanger a person.

[N.L.R. 43/22, s. 8]

Section 38 Emergency plan risk assessment

38. (1) An employer shall conduct a risk assessment in a workplace in which a need to rescue or evacuate workers may arise.

(2) Where the risk assessment required by subsection (1) shows a need for evacuation or rescue, appropriate written procedures shall be developed and implemented and a worker assigned to coordinate their implementation.

(3) Written rescue and evacuation procedures are required for but not limited to

(a) work at high angles;

(b) work in confined spaces or where there is a risk of entrapment;

(c) work with hazardous substances;

(d) underground work;

(e) work in close proximity to power lines;

(f) work on or over water; and

(g) workplaces where there are persons who require physical assistance to be moved.

(4) Where a workplace is a low risk workplace in the opinion of an employer, the employer shall post information about escape routes and conduct emergency drills the employer considers appropriate.

[N.L.R. 43/22, s. 10]

Part VII PERSONAL PROTECTIVE EQUIPMENT

Section 72 Instruction

72. An employer shall ensure that a worker who wears personal protective equipment is adequately instructed in the correct use, limitations and assigned maintenance duties for the equipment to be used.

Section 81 High visibility apparel

81. A worker whose duties are regularly performed in areas and under circumstances where the worker is exposed to the danger of moving vehicles or heavy equipment shall wear distinguishing apparel containing highly visible material suitable for daytime or night time use, as appropriate.

[N.L.R. 43/22, s. 17]

Part VIII MACHINERY AND EQUIPMENT

Section 88 Safe machinery and equipment

88. (1) An employer shall ensure that each tool, machine and piece of equipment in the workplace is

(a) capable of safely performing the functions for which it is used; and

(b) selected, used and operated in accordance with

(i) the manufacturer's recommendations and instructions, where available,

(ii) safe work practices, and

(iii) the requirements of these regulations.

(2) Except as otherwise provided in these regulations, the installation, inspection, testing, repair, maintenance or modification of a tool, machine or piece of equipment shall be carried out

(a) in accordance with the manufacturer's instructions or a standard acceptable to the minister; or

(b) as specified by a professional engineer.

(3) Where equipment or a structure is dismantled in whole or in part and subsequently reassembled, it shall not be used until completely checked and found to be safe for operation or occupancy.

Part X FALL PROTECTION

Section 139 Training requirement

139. A worker shall not use fall protection equipment after January 1, 2012 unless the worker has completed a training program on fall protection prescribed by the commission.

[N.L.R. 43/22, s. 23]

Part XI SCAFFOLDS, STAGES AND WORK PLATFORMS

Section 197 Fall protection - suspended work platforms

197. (1) An occupant of a work platform suspended from a crane or hoist shall use a personal fall arrest system with a shock absorbing lanyard secured to a designated anchorage point on the platform or above the load hook.

(2 )Where a work platform suspended by a crane or hoist is occupied by a worker with a personal fall arrest system attached to the platform, the platform shall have a safety strap that prevents the platform from falling more than 15 centimetres where the platform becomes dislodged from the hook.

(3) Each occupant of a work platform attached to a crane boom shall use a personal fall arrest system secured to a designated anchorage point on the boom.

Section 198 Articulating booms prohibited

198. A work platform shall not be

(a) suspended from an articulating boom crane; or

(b) attached to an articulating boom crane unless the installation is approved by the crane manufacturer.

Section 199 Travelling restriction

199. Travelling with a worker in a work platform supported by a crane or hoist is not permitted except where the platform is supported by a rail-mounted crane.

Section 200 Communications

200. The operator of a crane or hoist used to suspend a work platform shall have an effective means of constant communication with a person on the platform.

Section 202 Standards

202. (1) A self-propelled work platform comprising a boom-supported elevating platform, which telescopes, articulates, rotates or extends beyond the base dimensions, and is not mounted on a separate self-propelled vehicle shall meet the requirements of

(a) CSA Standard CAN/CSA-B354.4 "Self-propelled Boom-Supported Elevating Work Platforms" ;

(b) ANSI Standard ANSI/SIA A92.5 "Boom-Supported Elevating Work Platforms"; or

(c) other standard acceptable to the minister.

(2) A self-propelled integral chassis elevating work platform having a platform that cannot be positioned laterally completely beyond the base and for which primary functions are controlled from the platform shall meet the requirements of

(a) CSA Standard CAN/CSA-B354.2 "Self-Propelled Elevating Work Platforms" ;

(b) ANSI Standard ANSI/SIA A92.6 "American National Standard for Self-Propelled Elevating Work Platforms"; or

(c) other standard acceptable to the minister.

(3) A manually propelled, integral chassis elevating work platform having a platform that cannot be positioned laterally completely beyond the base, which may be adjusted by manual or powered means and which shall not be occupied when moved horizontally, shall meet the requirements of

(a) CSA Standard CAN/CSA-B354.1 "Portable Elevating Work Platforms" ;

(b) ANSI Standard ANSI/SIA A92.3 "American National Standard for Manually Propelled Elevating Aerial Platforms"; or

(c) other standard acceptable to the minister.

(4) A telescopic aerial device, aerial ladder, articulating aerial device, vertical tower, material-lifting aerial device or a combination of these, when vehicle-mounted, whether powered or manually operated, shall meet the requirements of CSA Standard CAN/CSA-C225 "Vehicle-Mounted Aerial Devices" or other standard acceptable to the minister.

(5) An elevating work platform of a type other than that referred to in subsections (1) to (4) shall meet a standard acceptable to the minister.

Section 203 Operating and maintenance manuals

203. (1) The equipment manufacturer's

(a) operation manual; and

(b) maintenance manual, containing maintenance instructions and replacement part information

for each elevating work platform in use at the workplace shall be available at the workplace.

(2) Where either of the manuals referred to in subsection (1) is not available, the equipment shall not be used until the manual is obtained, or until written instructions for the safe operation and maintenance of the equipment are supplied by a professional engineer.

Section 204 Inspection and maintenance records

204. (1) Records of inspection, maintenance, repair and modification shall be kept for an elevating work platform by the equipment operator and a person inspecting and maintaining the equipment.

(2) Where the inspection and maintenance records required under subsection (1) are not available, an elevating work platform shall be inspected and certified by a professional engineer before use, and an inspection and maintenance recording system shall be established as required by subsection (1).

Section 205 Shift inspection

205. An elevating work platform shall be inspected by the operator before use on each shift and a condition that could endanger workers shall be remedied before the platform may be used.

Section 206 Annual inspection and certification

206. (1) An elevating work platform shall be inspected, maintained, repaired and modified in accordance with

(a) the manufacturer's instructions;

(b) the relevant CSA Standard as specified in section 202;

(c) the direction of a professional engineer; or

(d) another standard acceptable to the minister.

(2) An insulated aerial device shall be dielectrically tested at least annually in accordance with CSA Standard CAN/CSA-C225 "Vehicle Mounted Aerial Devices" or other standard acceptable to the minister and the insulating capability of the aerial device shall be certified by the testing agency.

Section 207 Fall protection - elevating work platform

207. (1) A person on an elevating work platform shall wear a personal fall arrest system secured to an anchorage point that is approved by the manufacturer or professional engineer.

(2 )A worker on an aerial ladder shall be continuously protected by means of a personal fall arrest system as required by Part X or shall maintain 3 points of contact with the ladder at all times.

Section 208 Safe access

208. Safe means shall be provided to get on and off the platform of an elevating work platform.

Section 209 Rated capacity

209. The rated capacity of an elevating work platform

(a) shall be marked on the platform; and

(b) shall not be exceeded.

Section 210 Outriggers

210. (1) An outrigger on an elevating work platform shall be used in accordance with the manufacturer's instructions.

(2) Where an elevating work platform has outriggers, notices indicating the circumstances specified by the manufacturer for which the outriggers are to be used shall be clearly displayed at the operating controls for the platform.

Section 211 Controls

211. (1) Each control on an elevating work platform shall be clearly identified to indicate its function.

(2) Controls on an elevating work platform shall be 'hold-to-run' (continuous pressure) type that return to the neutral or stop position when released.

(3) Controls on an elevating work platform shall be protected against inadvertent operation.

(4) Each set of operating controls of an elevating work platform shall be provided with an emergency stop device.

(5) An emergency stop device referred to in subsection (4) shall be

(a) within easy reach of the operator;

(b) clearly labelled 'STOP'; and

(c) red in colour.

(6) An elevating work platform shall have a clearly marked overriding lowering control to enable a worker at the lower controls to stop and lower the platform in the event of an emergency.

Section 212 Immobilization of vehicles

212. (1) The carrier vehicle of an elevating work platform shall be secured against inadvertent movement before a worker occupies the platform.

(2) Where a manufacturer permits an elevating work platform to be elevated on sloping ground, the vehicle's wheels shall be secured according to the manufacturer's instructions and where no instructions have been provided, the wheels shall be chocked.

Section 213 Shear hazard

213. An elevating work platform lifting mechanism which creates a shear hazard to workers shall be adequately guarded or identified with signs, decals or similar markings warning of the hazard.

Section 214 Warning devices

214. An elevating work platform, other than a vehicle-mounted aerial device which complies with the requirements of CSA Standard CAN/CSA-C225 "Vehicle Mounted Aerial Device" , shall have a warning system consisting of an intermittent horn and flashing light which is automatically activated during motion of the work platform.

Section 215 Transporting workers

215. A worker may not be transported on an elevated work platform unless the transport is in accordance with the manufacturer's instructions.

Section 217 Fall protection - lift truck

217. Where a worker is elevated on a work platform supported by a lift truck,

(a) the lift truck operator shall remain at the controls of the lift truck;

(b) the lift truck mast shall be kept vertical;

(c) the lift truck shall not be moved except for minor adjustments necessary to facilitate positioning of the platform; and

(d) a platform occupant shall use a personal fall protection system as required by Part X.

Section 249 Window cleaning

249. A window cleaning operation shall be conducted in accordance with the requirements of CSA Standard CAN/CSA-Z91 "Health and Safety Code for Suspended Equipment Operations" or other standard that the minister may consider appropriate.

Part XII POWERED MOBILE EQUIPMENT

Section 251 Operation and maintenance

251. (1) Mobile equipment shall be maintained in safe operating condition and operation, inspection, repair, maintenance and modification shall be carried out in accordance with the manufacturer's instructions or, in the absence of instructions, as approved by a registered professional engineer.

(2) Servicing, maintenance and repair of mobile equipment shall be done

(a) when the equipment is not in operation; or

(b) when the equipment is in operation, where continued operation is essential to the process and a safe means is provided.

(3) The design, fabrication, use, inspection and maintenance of mobile equipment shall meet the requirements of the following applicable standard or other standards acceptable to the minister:

Table

(4) Maintenance and inspection records shall be maintained and made reasonably available to the operator and maintenance personnel during work hours.

(5) Mobile equipment used off maintained roads shall be appropriate and safe for the intended use taking into account factors including the nature of the travel surface and its slope and the activities to be undertaken.

(6) Adequate and approved fire suppression equipment shall be provided where required by the minister.

Section 252 Competency and testing operators

252. (1) A person shall not operate mobile equipment unless the person

(a) has received adequate instruction and has demonstrated to a supervisor or instructor that the person is a competent equipment operator;

(b) has been authorized to operate mobile equipment;

(c) is familiar with the operating instructions for particular equipment before the person attempts to operate it; and

(d) has, where required to operate an air brake equipped vehicle, evidence of successful completion of a course on air brake systems issued by an organization acceptable to the minister.

(2) Subsection (1) does not apply where a trainee operates the equipment under the supervision of a qualified instructor or supervisor as authorized by the employer.

[N.L.R. 43/22, s. 25]

Section 253 Operator's responsibility

253. (1) The operator of mobile equipment shall operate the equipment safely, maintain full control of the equipment, and comply with the laws governing the operation of the equipment.

(2) The operator of mobile equipment shall ensure that a worker is not in close proximity to the swing radius of the equipment while it is in operation.

Section 254 Supervisor's responsibility

254. A supervisor shall not knowingly operate, or permit a worker to operate, mobile equipment which is, or which could create, an undue hazard to the health or safety of a person, or which is in violation of these regulations.

Section 259 Load ratings

259. (1) Mobile equipment designed and used for lifting, hoisting or similar operations shall have a permanently affixed notation, legible and visible to the operator, stating the rated load of the equipment.

(2) A load chart shall be displayed in the operator's cab where the rated load varies with the reach of the equipment.

Section 276 Restraint for cylindrical objects

276. Cylindrical objects transported on their sides shall be effectively restrained against inadvertent movement.

Section 277 Lift truck loads

277. (1) A unitized load transported on a lift truck shall not project a distance greater than half its height above the fork carriage, back rest or back rest extension of the lift truck.

(2) No part of a load comprised of loose objects may project above the fork carriage, back rest or back extension of a lift truck.

(3) A load which could shift during transportation shall be restrained where shifting would result in the instability of the load or the lift truck.

Part XIV CRANES, HOISTS AND OTHER LIFTING EQUIPMENT

Section 318 Loads over work areas

318. (1) An employer shall arrange work to prevent passing a load over workers wherever possible.

(2) A crane or hoist operator shall not pass a load over workers unless no practicable alternative exists and the lifting procedure has been communicated to all affected workers.

(3) A worker shall not stand or pass beneath a suspended load except as permitted under subsection (2).

Part XXVI ELECTRICAL OPERATIONS

Section 483 Powerline hazards training

483. A person shall not operate a mobile crane, boom truck or similar equipment that has the capacity of encroaching on a power line without having first completed a safety training program on power line hazards required by the commission.

Section 498 Minimum clearance - high voltage equipment and conductors

498. (1) A worker shall not cause or permit material to be piled, stored or handled, a scaffold to be erected or dismantled or mobile crane, boom truck or similar equipment to operate in an area where overhead or underground conductors are located that are capable of energizing the material, mobile equipment or it load unless the employer has obtained in writing the voltage and minimum clearance distance required by the power utility.

(2) Where the written clearance referred to in subsection (1) is unavailable from the power utility, a minimum 5.5 metres shall be maintained.

(3) An employer shall ensure that at least the minimum applicable distance specified in the following table is maintained between exposed, energized high voltage electrical equipment and conductors and a worker, work, tool, machine, equipment or material, except as otherwise permitted by this Part or a standard acceptable to the minister:

Table

(4) An employer shall accurately determine the voltage of energized electrical equipment or conductor and the minimum distance from it required under subsection (3).

Section 503 Tree pruning etc. - preliminary inspection

503. Before commencing tree pruning or felling close to energized high voltage overhead conductors, the worksite shall be inspected by a qualified person, authorized by the owner of the power system, to identify a hazard, including situations where a part of the tree to be pruned or felled is within the applicable minimum distance from an energized conductor specified in subsection 498(3) or may fall within that distance.