Aquaculture

[OHS General Regs., S. x] Follow these links
to related legislation.

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Aquaculture operations are not exempt from the Occupational Health and Safety Act and General Regulations like agricultural operations. [OHS General Regs., S. 1.7(3)(a)(xvi)] This inclusion means that all workplace parties have obligations under the legislation with respect to occupational health and safety.

The aquaculture industry has worksites indoors, on the water, and on the ice - each with hazards that must be identified and controlled. While everyone shares the responsibility for health and safety in the workplace, employers have the primary responsibility to provide a safe and healthy work environment. Also sharing this responsibility are lease owners and growers who may be working on aquaculture leases, farm buildings, boats, or their own properties.

Employer duties

Employers must:

Take every reasonable precaution to protect the health and safety of people at the workplace. [OHS Act, S. 12 (1)(a)]
Establish a health and safety policy and program.
Post health and safety information in the workplace and report serious injuries.
Provide appropriate toilet and washing facilities.
Provide WHMIS education and training.
Establish a health and safety committee if the workplace has 20 or more regularly employed workers or appoint a health and safety representative if the workplace has five to 19 regularly employed workers.
Implement safe work procedures.
Prevent violence and harassment in the workplace.
Provide new worker safety orientation.
Understand their duties.

Employers should conduct a hazard and risk assessment to identify and assess their specific workplace. Each hazard identified must be eliminated or controlled.

The Workers Compensation Board of PEI has published an Aquaculture Code of Practice that can be used as a guide, in addition to the legislation, to help workplaces in aquaculture. Some hazards covered in the guide include:

Chemicals, including WHMIS
Diving
Electrical Safety
Ergonomics
Finfish Safety
Fire and First Aid
Hand and Power Tools
Hoisting Devices and Conveyors
Hydraulics, Equipment and Machines
Marine and Transportation Safety
Slips, Trips, and Falls
Weather, including working in heat and cold
Welding and Cutting
Working Alone

Other hazards that must be considered are harassment, workplace violence, fall protection, the risk of drowning, working with sharp blades or edges, using chainsaws, etc.

Having appropriate emergency plans can also help workplaces be prepared. For example, barricades to eliminate or reduce the risk of falling into water and rescue equipment should be readily available, and workers must be trained on its safe use.

Workers

Workers must: [OHS Act, S. 16]

Use all protective devices and equipment provided and properly wear required PPE, including flotation devices when there is a risk of drowning.
Comply with the OHS Act and its regulations.
Report hazards to a supervisor.

Regularly employed workers include those with recurring seasonal employment that exceeds 12 weeks.

General Regulations
EC180/87

Part 1 DEFINITIONS AND APPLICATION

Section 1.7 Application of Regulations

1.7 (1) These regulations do not apply to a workplace that is an agricultural operation conducted on farmland.

(2) Repealed. [EC2004-632, s. 2]

(3) In this section,

(a) "agricultural operation" includes the production activity conducted, or service provided, by a bona fide farmer in relation to

(i) berry farming,

(ii) Christmas tree culture,

(iii) dairy farming,

(iv) egg farming,

(v) grain and oilseed production,

(vi) orchards,

(vii) poultry farming,

(viii) a riding academy or the boarding or breeding of horses,

(ix) seed production,

(x) sod or turf production,

(xi) vegetable farming,

(xii) wool, hide, feather or fur production, and

(xiii) the raising of crops or animals for human or animal consumption,

but does not include

(xiv) the production of agricultural byproducts or of manufactured derivatives from agricultural raw material,

(xv) the breeding or raising of pets other than horses, or

(xvi) aquaculture;

(b) "bona fide farmer" means

(i) an individual who owns a farm and

(A) is actively engaged in farming, and

(B) earns at least 25 per cent of the individual's gross annual income from farming,

(ii) a corporation who owns a farm and

(A) is registered in the province,

(B) is actively engaged in farming, and

(iii) a partnership that owns a farm and

(A) is registered in the province,

(B) is actively engaged in farming, and

(4) Repealed. [EC2004-632, s. 2]

[EC2004-632, s. 2]

OCCUPATIONAL HEALTH AND SAFETY ACT
R.S.P.E.I. 1988, c. O-1.01

Section 12 Duties of employers

12. (1) An employer shall ensure

(a) that every reasonable precaution is taken to protect the occupational health and safety of persons at or near the workplace;

(b) that any item, device, material, equipment or machinery provided for the use of workers at a workplace is properly maintained, and is properly equipped with the safety features or devices, as recommended by the manufacturer or required by the regulations;

(c) that such information, instruction, training, supervision and facilities are provided as are necessary to ensure the occupational health and safety of the workers;

(d) that workers and supervisors are familiar with occupational health or safety hazards at the workplace;

(e) that workers are made familiar with the proper use of all safety features or devices, equipment and clothing required for their protection; and

(f) that the employer's undertaking is conducted so that workers are not exposed to occupational health or safety hazards as a result of the undertaking.

(2) An employer shall

(a) consult and cooperate with the joint occupational health and safety committee or the representative, as applicable;

(b) cooperate with any person performing a duty or exercising a power conferred by this Act or the regulations;

(d) comply with this Act and the regulations and ensure that workers at the workplace comply with this Act and the regulations; and

(e) where an occupational health and safety policy or occupational health and safety program is required under this Act, establish the policy or program.

(3) An employer shall establish and implement as a policy, in accordance with the regulations, measures to prevent and investigate occurrences of harassment in the workplace.

[S.P.E.I. 2018, c. 45, s. 3]

Section 16 Duties of worker

16. (1) A worker, while at work, shall

(a) take every reasonable precaution to protect the worker's own occupational health and safety and that of other persons at or near the workplace;

(b) cooperate with the employer and with the other workers to protect the worker's own occupational health and safety and that of other persons at or near the workplace;

(d) consult and cooperate with the committee or representative, if any;

(e) cooperate with any person performing a duty or exercising a power conferred by this Act or the regulations; and

(f) comply with this Act and the regulations and any policy or program established by an employer pursuant to this Act or the regulations.

(2) Where a worker believes that any item, device, material, equipment or machinery, condition or aspect of the workplace is or may be dangerous to the worker's occupational health or safety or that of other persons at or near the workplace, the worker

(a) shall immediately report it to a supervisor;

(b) shall, where the matter is not remedied to the worker's satisfaction, report it to the committee or the representative, if any; and

(c) may, where the matter is not remedied to the worker's satisfaction after the worker reports it in accordance with clauses (a) and (b), report it to an officer.

(3) Clause (2)(b) does not apply in respect of a complaint of harassment in the workplace.

[S.P.E.I. 2018, c. 45, s. 4]

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