Fall Protection Regulations
EC2004-633
PART 2 - GENERAL REQUIREMENTS
Section 2.1 Required training in use of a means of fall protection
2.1 (1) Where, in accordance with subsection 2(1) or (4), an employer of a worker
provides the worker with a means of fall protection for use at a work area, the employer
shall ensure the worker is trained in the use of the means of fall protection by a
competent person and that the training includes
(a) training in the use, care and inspection of the means of fall protection; and
(b) a review of the provisions of these regulations that apply to the means of fall
protection.
(2) An employer shall
(a) maintain a training record for each worker during, and for a period of two years
following, the worker's employment with the employer; and
(b) make the record available to an officer upon the officer's request.
(3) A training record referred to in subsection (2) shall include
(a) the name of the worker who received the training;
(b) the date on which the training took place;
(c) the name of the competent person providing the training; and
(d) any training material provided to the worker.
[EC2012-304, s. 1]
General Regulations
EC180/87
Part 8 NOISE
Section 8.7 Reduction of noise exposure, signs
8.7 (1) If it is not practicable for an employer to reduce
the noise exposure of a worker of the employer at the workplace to
or below any noise exposure limit, the employer shall
(a) reduce the noise exposure of the worker to the lowest
level practicable;
(b) establish a noise control and hearing conservation
program that complies with the requirements of section 8.8;
(c) post warning signs in the noise hazard areas;
(d) give to affected workers hearing protection that
meets the requirements of CSA
Standard Z94.2-14, Hearing Protection Devices - Performance, Selection,
Care, and Use , as amended from time to time, provide training
to the affected workers in the use and care of the hearing protection
and maintain the hearing protection so that it continues to meet those
requirements; and
(e) ensure that hearing protection required by clause
(d), is worn properly by workers of the employer in noise hazard areas.
(2) Every worker in a posted noise hazard area shall
wear hearing protection.
[EC2007-652, s. 1; EC2021-126, s. 9]
Section 8.8 Program - requirement
8.8 A noise control and hearing conservation program
required under subsection 8.7(1) shall include provisions on
(a) noise measurement;
(b) education and training;
(c) engineered noise control;
(d) hearing protection;
(e) posting of noise hazard areas;
(f) hearing tests; and
(g) annual program review.
[EC2007-652, s. 1]
Section 8.10 Records
8.10 The employer shall keep records of
(a) the initial and annual hearing test results for each
worker, which shall
(i) be kept as long as the worker is employed by the
employer, and
(ii) be kept confidential and not released to anyone
without the written permission of the worker, or as otherwise required
by law;
(b) the education and training provided to workers; and
(c) the results of noise exposure measurements taken
under section 8.4.
[EC2007-652, s. 1]
Part 13 CONFINED SPACE
Section 13.2 Conditions for entry of confined space
13.2 The employer shall ensure that a worker enters a
confined space only where
(a) there is a safe method of access and egress from
all parts of the confined space;
(b) mechanical equipment in the confined space is
(i) disconnected from its power source, and
(ii) locked out;
(c) prior to entry
(i) piping containing hazardous substances or substances
under pressure or so located as to allow hazardous substances to enter
such space is disconnected, blanked or blinded off, or
(ii) where it is impossible to employ blanks or blinds,
as in welded piping systems, written work procedures are developed
in consultation with (the Division, committee, or representative)
and implemented to ensure equivalent protection to all workers exposed
to the hazard but the closing of a valve on any line is not an acceptable
substitute for blanking or blinding;
(d) the confined space is tested and evaluated by a competent
person, properly equipped with personal protective equipment, who
(i) used an approved calibrated instrument that has been
functionally tested,
(ii) records the results of each test in a permanent
record which is available to an officer,
(iii) certifies in writing in a permanent record that
the confined space is free from hazard, and
(iv) specifies the procedures to be followed to ensure
that the space remains free of hazard;
(e) ground fault circuit interrupters are used for electrical
equipment taken into wet or solidly grounded confined spaces unless
battery operated or safety low voltage equipment is used; and
(f) training in emergency procedures is provided for
workers assigned to a confined space entry job including the worker
stationed outside the confined space.
[EC2021-126, s. 3]
Section 13.5 Sentinels
13.5 The employer shall ensure that when a worker enters
a confined space, another
(a) remains in attendance outside the space at all times
whenever the space is occupied and visually checks or is in constant
voice communication with the worker in the confined space;
(b) is capable of raising an alarm in order to summon
additional assistance;
(c) does not enter the space unless relieved by another
worker;
(d) ensures that appropriate equipment is stationed outside
the space to enable quick and safe entry to the space, should such
an entry be required; and
(e) is knowledgeable in the correct use of the emergency
retrieval system procedures.
[EC2021-126, s. 3]
Part 29 HAND TOOLS AND PORTABLE POWER TOOLS
Section 29.3 Responsibilities of employer
29.3 The employer shall ensure that
(a) workers are competent in the safe handling and use
of tools;
(b) workers shall be properly instructed and trained
in the safe use of the hand tools they use;
(c) workers are instructed to use tools only for the
specific purpose for which they are designed;
(d) workers wear and use protective clothing and equipment
as required by these regulations;
(e) procedures are implemented for safely supplying tools
and materials to workers located in hazardous places;
(f) hammers, sledges, cold chisels, cutters, pinchers
and other similar shock tools are made of carefully selected steel,
hard enough to withstand repeated blows without extensive mushrooming
but not so hard as to chip or break;
(g) files are provided with substantial metal ferruled
handles or other suitable holders and shall not be used without them;
(h) lifting jacks shall be of such construction that
the load will remain supported in any position and cannot be lowered
inadvertently;
(i) when lifting objects with jacks, the jacks shall
be set on solid footing, properly centered for the lift and so placed
that they can be operated without obstruction; and
(j) after objects have been raised to the desired height
by means of jacks, substantial blocking shall be placed under the
object before work is started on the object or before the worker gets
under the object.
[EC2021-126, s. 3]
Part 30 MECHANICAL SAFETY
Section 30.6 Lock-out
30.6 (1) The employer shall ensure that in addition to
the normal control start and stop switch, all electrically driven
machinery and equipment has installed in the power supply circuit
a disconnecting means which is
(a) of a lockable type;
(b) in a location familiar to all; and
(c) properly identified.
(2) The employer shall provide a safety lock and key
for use on disconnecting means described in subsection (1) to all
machinery and equipment operators and all maintenance personnel.
(3) The employer shall ensure that a worker has been
adequately trained in lockout procedures for the particular situation.
(4) The employer shall ensure that machinery is not lubricated,
cleaned, serviced or repaired while in motion unless a means is available
which does not expose the worker to risk of injury.
[EC2021-126, s. 3]
Part 33 POWERED MOBILE EQUIPMENT
Section 33.13
33.13 The employer shall ensure that any person or worker
does not work under or go under the raised parts of any powered mobile
equipment unless the raised parts of the equipment are adequately
blocked.
[EC2021-126, s. 29]
Part 36 ELECTRICITY
Section 36.1 Competent
36.1 (1) In this Part "competent" in relation to a person
means,
(a) when applied to electrical installations, as defined
under the Electrical Inspection Act R.S.P.E.I.
1974, Cap. E-2 and regulations, a person who is the holder of a subsisting
license as issued under the Electrical Inspection Act;
(b) when applied to electrical utility linework, a person
who is the holder of a subsisting Certificate of Qualification or
a Certificate of Proficiency as issued by the Department for the construction
or utility lineman trades;
(c) when applied to communications and any other types
of work covered by this Part, a person who demonstrates to the Division
that he is qualified by knowledge, training and experience to perform
an assigned task safely.
(2) "de-energized" in the electrical sense means isolated
and grounded.
Section 36.2 Worker qualifications
36.2 The employer shall ensure that a worker shall not
work on any energized electrical conductor or equipment unless he
is
(a) competent; or
(b) an indentured apprentice under the direct supervision
of a competent person.
[EC2021-126, s. 3]
Part 43 HANDLING & STORAGE OF MATERIALS
Section 43.8 Handling materials
43.8 The employer shall ensure that
(a) where practicable, mechanical appliances shall be
provided and used for lightening and carrying materials and articles;
(b) workers assigned to handle material shall be instructed
how to lift and carry material on an individual basis, the overriding
factor being the physical condition of each worker including sex and
age when relevant;
(c) where heavy objects are lifted or carried by two
or more workers, the raising and lowering of the loads shall be governed
by well understood signals in order to ensure unity of action;
(d) where heavy objects, such as loaded drums or tanks,
are handled on inclines in either direction
(i) ropes or other tackle shall be used to control their
motion, in addition to the necessary chocks or wedges, and
(ii) workers shall be prohibited from standing between
the skids on the downhill side;
(e) where heavy objects are moved by means of rollers,
bars or sledges shall be used instead of hands or feet for changing
the direction of the rollers while in motion;
(f) workers handling objects with sharp edges, fins,
slivers, splinters or similar dangerous projecting parts, or handling
hot, caustic or corrosive material, shall be provided with and shall
use suitable protective clothing and equipment;
(g) unless specific instructions are given to the contrary,
loaded boxes and crates shall be piled on the sides having largest
area;
(h) the piles shall be effectively cross-tied by suitable
means;
(i) loaded cartons shall not be piled to such a height
as to cause collapse of the lower cartons in the pile and shall be
protected against moisture;
(j) lumber stored in yards shall be piled on supports
above the grounds, the horizontal or slightly inclined layers separated
by tie pieces, the ends of which will not project into walkways;
(k) pipe and bar stock shall, where practicable, be piled
on stable storage racks so located that the withdrawal of the material
does not create a hazard;
(l) where empty barrels or drums, large pipe, rolls of
paper or other cylindrical objects are piled on their sides, the piles
shall be symmetrical and stable; and every unit in the bottom row
shall be carefully wedged;
(m) where storage racks are not provided for pipe and
bar stock, the stock shall be piled on layers resting on wood strips
with stock blocks fixed on the ends or on metal bars with unturned
end;
(n) where loaded barrels, drums or keys are piled on
their ends, the piles should be low and two planks should be laid
side by side on top of each row before another row is started;
(o) equipment or objects, such as foundry flasks, forging
dies, foundry castings and the like, shall be piled in a stable, orderly
way on level and substantial foundation and arranged in order of size
and type.
[EC2021-126, s. 3]
Part 45 PERSONAL PROTECTIVE EQUIPMENT
Section 45.3 Instruction
45.3 Every employer shall ensure that every worker who
is required to use personal protective equipment shall be given pre-job
instruction by the employer to understand its use, its limitations,
and its maintenance requirements, as far as these relate to its correct
use by the worker.
[EC2021-126, s. 3]
Part 50 TRAFFIC CONTROL
Section 50.4 Qualifications
50.4 The employer shall ensure that signallers
(a) are competent persons over the age of sixteen years
who have been trained in, and have demonstrated an adequate knowledge
of traffic control and signalling procedures;
(b) have such training as the Director may require;
(c) have a thorough knowledge of the regulations contained
in this Part;
(d) are in good physical and mental condition;
(e) have adequate eyesight and hearing to carry out their
duties;
(f) hold a certificate of training and shall produce
proof of training at the request of an officer.
[EC225/91, s. 1]
Part 53 WORKING ALONE
Section 53.4 Training program
53.4 The employer shall implement a training program
in respect of the procedures established under section 53.2 for each
worker who is working alone and for each supervisor who is responsible
for a worker working alone.
[EC2006-43, s. 5]
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;
(c) provide such additional training of committee members as may be prescribed by
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 23 Occupational health and safety program
23. (1) Where 20 or more workers are regularly employed
(a) by an employer other than a constructor or contractor; or
(b) directly by a constructor or contractor,
the employer, constructor or contractor shall establish, and review at least annually,
a written occupational health and safety program, in consultation with the committee
or representative, if any.
(2) For the purposes of subsection (1), a worker is not regularly employed directly
by a constructor or contractor if the worker works with the constructor or contractor
as an independent contractor.
(3) An occupational health and safety program shall include
(a) provisions for the training and supervision of workers in matters necessary to
their occupational health and safety and the occupational health and safety of other
persons at or near the workplace;
(b) provisions for
(i) the preparation of written work procedures for the implementation of occupational
health and safety work practices, required by this Act, the regulations or by order
of an officer, and
(ii) the identification of the types of work for which the procedures are required
at the employer's workplace;
(c) provisions for the establishment and continued operation of a committee required
by this Act, including maintenance of records of membership, rules of procedure, access
to a level of management with authority to resolve occupational health and safety
matters, and information required by this Act or the regulations;
(d) provisions for the selection and functions of a representative where required
by this Act, including provision for access by the representative to a level of management
with authority to resolve occupational health and safety matters;
(e) a hazard identification system that includes
(i) evaluation of the workplace to identify potential hazards,
(ii) procedures and schedules for regular inspections,
(iii) procedures for ensuring the reporting of hazards and the accountability of persons
responsible for the correction of hazards, and
(iv) identification of the circumstances where hazards shall be reported by the employer
to the committee or representative, if any, and the procedures for doing so;
(f) a system for workplace occupational health and safety monitoring, prompt follow-up
and control of identified hazards;
(g) a system for the prompt investigation of hazardous occurrences to determine their
causes and the actions needed to prevent recurrences;
(h) the maintenance of records and statistics, including reports of occupational health
and safety inspections and investigations, with provision for making the reports available
to persons entitled to receive them under this Act; and
(i) provisions for monitoring the implementation and effectiveness of the program.
(4) The employer shall make a copy of the program established under this section available
(a) to the committee or representative, if any; and
(b) on request, to a worker at the workplace.
(5) The results of a workplace harassment investigation do not constitute a report
for the purposes of clause (3)(h).
[S.P.E.I. 2018, c. 45, s. 5]
Workplace Hazardous Materials Information System Regulations
EC2017-455
WORKER EDUCATION AND TRAINING
Section 4 Hazard information to be supplied to employee
4. An employer shall ensure that a worker who works with a hazardous product or may
be exposed to a hazardous product in the course of the worker’s work activities is
informed about all hazard information received from a supplier concerning that hazardous
product, if applicable, and any other hazard information the employer is aware of,
or ought to be aware of, concerning that hazardous product.