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in reply to: JHSC co-chairs #105122
JHSC co-chair requirements, to the extent they exist, vary by province. Which jurisdiction are you in?
in reply to: Elevator Inspections #105065Yes. The requirements are contained not in the OHS but Building Act Regulations, specifically the Construction Code. See, https://www.canlii.org/en/qc/laws/regu/cqlr-c-b-1.1-r-2/latest/cqlr-c-b-1.1-r-2.html#CHAPTER_IV_ELEVATORS_AND_OTHER_ELEVATING_DEVICES_374115
Scroll down to Chapter IV. Note that rather than specify the standards, the Regs. incorporate a number of CSA Standards by reference. You’ll need access to those standards to determine the exact inspection requirements.
4.01. In this Chapter, unless the context indicates otherwise, “Code” means the “Code de sécurité sur les ascenseurs et monte-charge, CAN/CSA B44-00”, including the updates of June, November and December 2003, the “CSA Standard CAN/CSA B44-00: Safety Code for Elevators” including the updates of September 2002, May and December 2003, and “standard” means the standard “Appareils élévateurs pour personnes handicapées, CAN/CSA B355-00” including the amendments of “B355S1-02 Supplément no 1 à CAN/CSA B355-00 Appareils élévateurs pour personnes handicapées” and the updates of March 2002 and October 2003, “CSA Standard CAN/CSA B355-00: Lifts for Persons with Physical Disabilities”, including the amendments of “B355S1-02 Supplement No. 1 to CAN/CSA-B355-00, Lifts for Persons with Physical Disabilities” and the updates of March 2002 and October 2003 or the standard “Appareils élévateurs d’habitation pour personnes handicapées, CAN/CSA B613-00”, including the update of January 2002, “CSA Standard CAN/CSA B613-00: Private Residence Lifts for Persons with Physical Disabilities”, including the update of January 2002, published by the Canadian Standards Association, as well as such subsequent amendments as may be published by that organization
in reply to: Unfired Pressure Vessel Inspections #105064Pressure vessel installation, design, inspection, maintenance is regulated under the Building Act, not the OHS Act. The Régie du bâtiment du Québec (Board) establishes and enforces the rules including via inspection. The details are set out in extensive Pressure Vessel regulations. Here’s a link. https://www.canlii.org/en/qc/laws/regu/cqlr-c-b-1.1-r-6.1/latest/cqlr-c-b-1.1-r-6.1.html In addition, here are some of the key Building Act provisions:
37. Every person who manufactures, installs, repairs, modifies, operates or uses a pressure installation must comply with the standards and requirements prescribed for that purpose by regulation of the Board.
1985, c. 34, s. 37; 1991, c. 74, s. 168; 1991, c. 74, s. 24; 1998, c. 46, s. 10; 2010, c. 28, s. 10.
37.1. Every person who manufactures, installs, repairs, modifies, operates or uses a pressure installation must, in the cases, subject to the conditions and in accordance with the procedure determined by regulation of the Board, obtain a permit from the Board authorizing the person to carry on that activity.
The Board shall determine by regulation the cases in which obtaining such a permit is tied to the implementation of a quality control program, and the conditions and procedure for approval of the program by the Board or a person or body recognized by the Board.
Chapter IV does not apply to a manufacturer or, in the cases and subject to the conditions prescribed by regulation of the board, to a permit holder for the activities authorized by the permit.****
112. In the exercise of its powers of supervision, the Board may:
(1) at any reasonable hour enter a building, an establishment where the manager of a guaranty plan carries on activities or a construction site and have access to a facility intended for use by the public, an installation independent of a building or a petroleum equipment installation;
(2) examine and make copies of the books, ledgers and files of the manager of a guaranty plan, of a contractor, of an owner-builder, of the owner of a building, facility intended for use by the public, installation independent of a building or petroleum equipment installation, of a pressure vessel manufacturer or of a gas or petroleum product distribution undertaking;
(3) require the disclosure of all information necessary for applying this Act as well as the production of any related document.
1985, c. 34, s. 112; 1991, c. 74, s. 49, s. 169; 2005, c. 10, s. 47; 2011, c. 35, s. 24.
113. The Board may without charge take samples for analysis; it shall inform the person concerned and return the samples after analysis, where possible.
1985, c. 34, s. 113; 1991, c. 74, s. 168.
114. The Board may require the manager of a guaranty plan, a contractor, an owner-builder, the owner of a building, facility intended for use by the public, installation independent of a building or petroleum equipment installation, a pressure vessel manufacturer, a gas or petroleum product distribution undertaking, an architect or an engineer, to submit material, equipment, or an installation to a test, analysis or check so as to ensure it conforms to this Act.in reply to: Fall Protection System Question- Alberta #105063I’m sorry but this is a bit much. I want to help but can you please narrow this down to a specific question or two?
in reply to: Alcohol in workplace #105062I don’t believe so but I’m not an expert in Quebec liquor licensing laws.
in reply to: Unfired Pressure Vessel Inspections #105058Apologies for the delay in responding. Let me do some research and get back to you tomorrow.
in reply to: Confined Space Rescue Training #105041Excellent questions. Let’s take them one at a time:
1. How Often Must Training Be Repeated?
The Alberta OHS Code doesn’t specify a schedule or time sequence for confined space rescue training. However, the general rule is that training must be provided as often as necessary to ensure that rescue personnel can demonstrate competence in the rescue procedure and equipment involved. Your obligation is, perhaps in consultation with the JHSC, to find a reasonable method for verifying such competence that provides for training and drill at regular intervals. In addition, retraining/refresher/additional training is required immediately in response to indications that current training may not be effective. Examples of red flags: Incidents occur inside or outside the confined space, rescue or entry procedures undergo significant changes, you get complaints, a worker asks for additional training, different equipment is introduced into the space, etc.2. Must You Document Confined Spaces Rescue Procedure Training?
100% YES. Documentation should list at least the name and signature of the trainer and trainee, time and date of training, what it covered and your reasons for determining that the trainee understood and was competent to perform the training. If you don’t provide the training yourself, insist that the worker provide documentation of the training they received from a third party. Follow the records retention requirements set out in Sec. 58 of the Code, which I’ve pasted in below.Hope that answers your questions. Feel free to follow up with me directly at glennd@bongarde.com if you have any further questions or concerns. Also, I’m the OHS Insider editor–not a user (I’m supposed to mention that fact).
Employer must keep records of training provided to a worker who’s assigned confined space or restricted space entry duties in recognizing hazards associated with working in confined spaces or restricted spaces, and performing the worker’s duties in a safe and healthy manner, for: (a) 1 year if no incident or unplanned event occurred during the entry, or (b) 2 years if an incident or unplanned event occurred during the entry (OHS Code, Secs. 46(2) + 58)
in reply to: Fire Regulations – Alberta #104915That’s an excellent but, unfortunately, extremely broad question that I can’t properly answer without knowing alot more about your company, building, business, etc. What I can say is that the requirements stem mostly from the Building and Fire Codes, rather than the OHS Code, which says nothing specific about fire alarms or sprinklers. Here are links you can use to access the laws.
https://www.alberta.ca/fire-codes-and-standards https://www.alberta.ca/building-codes-and-standards
Feel free to Gmail me if you want to talk directly or follow up. glennd@bongarde.com. BTW, I’m supposed to tell you that I’m the OHS Insider editor and not just a member. Meantime, here are the OHS Code provisions dealing with general emergency preparedness or response:
Emergency Preparedness
and ResponseEmergency response plan
115(1) An employer must establish an emergency response plan for responding to an emergency that may require rescue or evacuation.
115(2) An employer must involve affected workers in establishing the emergency response plan.
115(3) An employer must ensure that an emergency response plan is current.
Contents of plan
116 An emergency response plan must include the following:
(a) the identification of potential emergencies;
(b) procedures for dealing with the identified emergencies;
(c) the identification of, location of and operational procedures for emergency equipment and personal protective equipment;
(d) the emergency response training requirements;
(e) the location and use of emergency facilities;
(f) the fire protection requirements;
(g) the alarm and emergency communication requirements;
(h) the first aid services required;
(i) procedures for rescue and evacuation;
(j) the designated rescue and evacuation workers.
Rescue and evacuation workers
117(1) An employer must designate the workers who will provide rescue services and supervise evacuation procedures in an emergency.
117(2) An employer must ensure that designated rescue and emergency workers are trained in emergency response appropriate to the work site and the potential emergencies identified in the emergency response plan.
117(3) The training under subsection (2) must include exercises appropriate to the work site that simulate the potential emergencies identified in the emergency response plan.
117(4) The training exercises referred to in subsection (3) must be repeated at the intervals required to ensure that the designated rescue and evacuation workers are competent to carry out their duties.
Equipment
118(1) An employer must provide workers designated under section 117 with equipment and personal protective equipment appropriate to the work site and the potential emergencies identified in the emergency response plan.
118(2) Workers who respond to an emergency must wear and use equipment and personal protective equipment appropriate to the work site and the emergency.
in reply to: Portable Eye Wash Stations/Bottles #104817No problem. I wish it hadn’t taken so long. . .
in reply to: Portable Eye Wash Stations/Bottles #104635First of all, apologies for the delay in responding. It took me longer than I thought to research this.
Question 1: Yes. Eye wash bottles would be required if the the worker in the vehicle is immediately exposed to hazard of eye injury and there are no other accessible eyewash facilities available. Explanation: According to Section 124(1) of the Ontario OHS Regs. for Industrial Establishments: “Where a worker is required to work with, or is likely to be exposed to, a hazardous biological or chemical agent that could cause injury to the eye or skin, an employer shall provide as many of the following as are needed for adequate emergency treatment:
1. Eye wash facilities.
2. Emergency showers.
3. Antidotes, flushing fluids or washes.”
Section 124(2) adds that the required emergency equipment or treatments must: “(b) be located or installed in a conspicuous place near where the hazardous biological or chemical agent is kept or used;” and “(c) be readily accessible to workers.”Question 2: While not addressed in the OHS Regs., ANSI and other standards say that the water temperature used to flush the eye in an emergency should be in the tepid range of 60° to 100° F (16° to 38° C). Engineering controls that you’d use to keep the temperature tepid is beyond my expertise. I saw the following reference but don’t know if it would work for an eyewash bottle. “The easiest way to ensure that water is of the correct temperature is to install a thermostatic mixing valve, which mixes hot and cold water to a predefined temperature before it is delivered to the unit.”
I hope this helps and I apologize again for keeping you waiting. Feel free to contact me at glennd@bongarde.com if you want to follow up. Glenn Demby, I’m the editor of OHSI, not a subscriber.
in reply to: Powered Mobile Equipment – ATV Competency #104197Just saw this follow up and I apologize for not responding to it sooner. I do agree with that assessment but stress the need for documentation, specifically the basis for your conclusion that the CSC course will provide adequate safety for operators. I came across this case we reported last year and it reminded me of you. Not exactly on point, but thought you might be interested in seeing it.
Powered Mobile Equipment: Worker Doesn’t Need Forklift Operator Certificate to Qualify for Dock Worker Job
A freight company claimed a pick-up and delivery driver wasn’t qualified for a dock worker position because he didn’t have a forklift operator certificate required under OHS law. You don’t need an operator certificate for a dock worker position, the union countered. The federal arbitrator agreed and upheld the grievance. The collective agreement didn’t address the issue, the company was relying solely on its interpretation of the OHS law in concluding that certification was a make-or-break requirement for a dock worker. But the OHS regulations don’t say that; all they say is that forklift operators must receive training meeting CSA B335-15, Safety standard for lift trucks. Getting an operator certificate isn’t the only way a worker can meet that standard, the arbitrator concluded, while ordering the company to provide the driver the required CSA training [Van-Kam Freightways Ltd. v Teamsters Local Union No. 31, 2022 CanLII 89418 (CA LA), September 28, 2022].in reply to: Powered Mobile Equipment – ATV Competency #104167No, you’re definitely not at liberty to decide that–at least not yet. So far, you’ve done everything right. But you still have work to do. First, you need to determine exactly what training the manufacturer recommends. What must the training cover? Who must provide it? What other specifications apply? Once you know exactly the training called for, you need to do your own search for vendors who can provide it. Unfortunately, the failure of the mfr or supplier to give you a referral doesn’t get you off the hook.
If after making reasonable efforts you still can’t find a vendor who can provide the training, you need to consider the nongovernmental standards that apply. Hopefully, one of them will work. I’d also recommend that you reach out to Alberta OHS and explain the situation. BE SURE TO DOCUMENT EVERYTHING YOU’VE DONE SO FAR AND WILL DO NEXT, starting with your communications with the mfr and supplier. Documentation will be crucial if you get second guessed.
I’ve gotta say that this is a really crappy situation and that your manufacturer should be ashamed of itself. Sometimes threatening to write a negative review or even take your story to a local news reporter will get a manufacturer’s attention. Ultimately, make the best selection you can after thorough research and document why you decided that the training you selected was the best option for the operator’s protection.
Glenn (OHS Insider Editor) Feel free to contact me at glennd@bongarde.com if you’d like to discuss it further
in reply to: Mercury in Thermostats #104105Probably not but it depends. Can you give me a bit more information about the equipment and the amount of mercury involved. It would also help to know what industry and province/jurisdiction you’re in. If you want, you can send me the info directly on Gmail at glennd@bongarde.com. Thanks.
Glenn Demby, Editor in Chief
in reply to: Supervisor training requirements by province #104064Apologies for the delay in responding. What we do have is a summary of Supervisor legal duties under OHS laws. https://ohsinsider.com/supervisor-duties-know-the-laws-of-your-province/ If this isn’t what you need, send me an email at glennsdemby@gmail.com and let me know which provinces you need and I’ll look it up for you.
Glenn Demby, OHSI Editor in Chief
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