Posting Requirements and Reporting Serious Injuries

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Making information available by posting the OHS Act and regulations, codes, or warning signs will help to protect the health and safety of workers. Employers are required to post this information in common areas that workers have easy access to and where it is likely to be seen by workers.

Employer Duties

The employer must post the following:

  • Occupational Health and Safety Act [OHS Act., S. 45(a)] and any notices or reports that are required by the Act or regulations. [OHS Act., S. 45(b)]
  • Regulations or codes of practice that are required for your specific type of workplace, such as the Farm Safety Code of Practice in all farm workplaces. [OHS Act., S. 27(8)(b)(i)]
  • Current telephone number for reporting health and safety concerns to the workers compensation board (WCB). [OHS Act., S.27(8)(b)(ii)]
  • Any compliance orders issued by an officer, [OHS Act., S. 8(7)(a)] including those issued under the Smoke Free Places Act. [SFP Act., s. 16(4)(a)] No person may remove this posted order unless authorized by an officer. [OHS Act., S. 8(6)]
  • Any other information that may be required by the OHS Act or regulations in a prominent place for at least seven days (or longer) to allow workers to be familiar with the content. [OHS Act., S. 27(9)]
  • Names and contact information for first aid providers or, if posting is not practical, the employer must make sure each worker knows the identity and phone number of their first aid provider. [OHS General Regs., S. 9.5 (2)]
  • Signs indicating where the first aid kits are located or, if posting is not practical, the employer must make sure each worker knows the location of each first aid kit. [OHS General Regs., S. 9.13]
  • Signs indicating where smoking is and is not allowed. [SFP Act., s. 12]

Additional OHS documentation and posting requirements depend on the size or type of work being conducted at the workplace. Employers must post:

  • the employer’s OH&S policy in workplaces that have 5 or more workers. [OHS Act., S. 27(8)(b)(iii)]
  • the name of the OHS representative and how to contact them in workplaces that have 5 to 19 workers. [OHS Act., S. 27(7)(a)]
  • the names of the current JOSH committee members and how to contact them in workplaces that have 20 or more workers. [OHS Act., S. 27(7)(a)] Minutes from the most current meeting must also be posted promptly. [OHS Act., S. 27(7)(b)]
  • any emergency phone numbers in the first aid room in workplaces that have more than 100 workers per shift. [OHS General Regs., S. 9.14(2)(d)]
  • signs indicating where exposure to continuous or modulated microwave and radio frequency radiation is in the frequency range between 10 MHz and 300 GHz, and the maximum occupancy periods. [OHS General Regs., S. 10.5]
  • names and persons who are designated to handle, transport, prepare or use dynamite or explosives in workplaces where explosives are used. [OHS General Regs., S. 26.2(b)]
  • warning signs where traffic flow is impeded by construction work, and that the signs are posted in both directions at least 225 m (738 ft) from the worksite, and at any intersection between the warning signs. [OHS General Regs., S. 12.12(2)]
  • road signs that indicate signalers are present when there is restricted traffic flow on roadways. Signs must be removed when the signaling operation is finished. [OHS General Regs., S. 50.17] The Temporary Workplace Traffic Control Manual (15MB) as published by PEI Transportation, Infrastructure and Energy applies to all road, street construction and maintenance work. Check this manual for all signage requirements.
  • signs warning about noise in workplaces with excessive noise areas. [OHS General Regs., S.8.7(1)(c)]
  • warning signs that restrict the use of radio transmitters in workplaces within 45.47m (150 ft) where blasting operations are taking place. [OHS General Regs., S.26.64]
  • a sign on the hoist to indicate the safe load carrying capacity when hoisting apparatus is used. [OHS General Regs., S.34.3(2)]
  • signs to indicate when to wear required PPE, and the hazardous areas in the workplace that have oxygen deficient atmospheres or harmful concentrations of air contaminants. [OHS General Regs., S.45.20(1)]
  • an asbestos warning sign at the asbestos work area to indicate that asbestos is present, asbestos is a cancer and lung disease hazard, only authorized personnel are allowed in an area where asbestos is being handled, and that respiratory protection and protective clothing must be worn. [OHS General Regs., S.49.1] [OHS General Regs., S. 49.15] The permit issued to allow this work must also be posted. [OHS General Regs., S. 49.15] [OHS General Regs., S. 49.10(3)]
  • signs to notify workers of a overhead hazard when work is being done on a suspended scaffold. [Scaffolding Regs., S 14(22)(b)]
  • signs to indicate the rated capacity and what the direction of the machine’s movement will be for each operating control of an power-operated elevating work platform. [Scaffolding Regs., S. 19(6)]

Reporting of Accidents

Employers must make sure a written notice is sent, by the fastest way available, to the Director within 24 hours of certain accidents. Accidents that must be reported include when a worker: [OHS Act., S. 36(1)]

  • is seriously injured, including death (or may cause the worker's death);
  • suffers the loss of a limb (e.g., paralysis), unconsciousness, substantial loss of blood, or fracture;
  • suffers the amputation of a leg, arm, hand or foot;
  • suffers a burn to a major portion of their body; and
  • loss of sight in an eye.

The employer must also notify the JOSH Committee or representative, where they exist, of these accidents. [OHS Act., S. 36(2)]

Employers must also report accidental explosions to the Director, whether or not a person has been injured. [OHS Act., S. 37]

Worker Duties

Workers are responsible to take every reasonable precaution to protect their own occupational health and safety and that of other persons at or near the workplace. [OHS Act, S. 16(1)(a)] This responsibility includes following rules and procedures meant to keep the workplace and the worker safe.

http://www.gov.pe.ca/photos/original/trafficcont_cr.pdf

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]

Part 9 FIRST AID

Section 9.5 First aid providers

9.5 (1) An employer shall

(a) designate one or more workers to act as first aiders at each workplace of the employer; and

(b) maintain a record of the name of each worker who is designated as a first aider.

(2) An employer shall post, at a conspicuous place at each workplace of the employer, a sign that states the name and phone number of first aiders at the workplace.

(3) Where the posting of a sign at a workplace of an employer is not practicable, the employer shall ensure that each worker at the workplace informed of the identity and phone number of the first aiders at the workplace.

[EC2012-49, s. 1; EC2021-126, s. 12]

Section 9.13 Posting of information

9.13 (1) An employer shall post, at a conspicuous place at the workplace, a sign that indicates the location of first aid kits kept at the workplace.

(2) Where the posting of a sign at a workplace is not practicable, the employer shall ensure that each worker at the workplace is informed of the location of first aid kits kept there.

[EC2012-49, s. 1]

Section 9.14 First aid room

9.14 (1) Where

(a) either

(i) the only work conducted at a workplace is work other than low risk work, or

(ii) both low risk work and work other than low risk work are conducted at a workplace; and

(b) there are more than 100 workers regularly employed on any one shift at the workplace,

the employer shall provide a first aid room at the workplace.

(2) An employer who is required under subsection (1) to provide a first aid room at a workplace shall ensure that the first aid room

(a) has adequate lighting, ventilation and heating;

(b) is kept clean and in a sanitary condition;

(c) is of adequate size to accommodate a stretcher;

(d) has posted emergency telephone numbers;

(e) is used only for the purpose of administering first aid;

(f) is accessible by the workers at all times during their shift; and

(g) is equipped with

(i) a telephone or other means of communication between the first aid room and the emergency medical services that will be transporting the worker, if applicable,

(ii) instructions on how and where to access a workplace first aider,

(iii) a permanently installed sink with hot and cold running water,

(iv) a bed or cot with a moisture-protected mattress and two pillows,

(v) a treatment chair with arm rests,

(vi) a flashlight,

(vii) a wash basin made from stainless steel or polypropylene,

(viii) a nail brush,

(ix) a package of paper towels,

(x) hand soap,

(xi) a package of disposable paper cups,

(xii) a kidney basin made of stainless steel or polypropylene, and

(xiii) a large Type 3 Intermediate First Aid Kit, that meets the requirements specified in subsection 9.11(4).

[EC2012-49, s. 1; EC2021-126, s. 18]

Part 10 NON-IONIZING RADIATION

Section 10.5 Signs

10.5 The employer shall ensure that controlled areas which allow only restricted occupancy are clearly designated using adequate warning signs, and maximum occupancy periods are posted.

Part 12 EXCAVATIONS, TRENCHES AND CONSTRUCTION

Section 12.12 Illumination of materials

12.12 (1) When materials piled along the sides of any excavation or trench interfere with the flow of traffic, the employer shall ensure that the material is adequately illuminated by warning lights.

(2) When construction work is being carried out which interferes with the flow of traffic, the employer shall ensure that adequate warning signs are posted in both directions not less than 225 m (738 ft.) from the worksite, and at any intersection between the warning signs.

(3) When construction work is being carried out in areas where worker safety is endangered by vehicle traffic, the employer shall provide trained signallers to control the flow of traffic.

(4) The employer shall provide and all signallers shall wear a reflectorized vest or jacket when controlling the flow of traffic.

(5) The employer shall provide and all signallers shall use reflectorized paddles to control the flow of traffic.

[EC2021-126, s. 3]

Part 26 EXPLOSIVES

Section 26.2 Procedures

26.2 Where work is being carried out and explosives are to be used

(a) a competent person shall be appointed to be in charge of and personally present at all blasting operations, and that person shall enforce his orders and directions and shall supervise the fixing of all charges and other blasting operations;

(b) the names of all persons designated to handle, transport, prepare or use dynamite or other high explosives shall be posted in the field office and on or in the magazines;

(c) no person inexperienced in handling dynamite or other high explosives, shall handle, transport, prepare or use dynamite or other high explosives unless the inexperienced person works under the personal supervision of a competent person;

(d) no holes shall be drilled within 3 050 mm (10 ft.) of a hole containing explosives or blasting agents, or within 7 620 mm (25 ft.) of a hole being loaded with explosives or blasting agents;

(e) blasting mats shall be used where necessary to protect persons, structures and other property on or adjacent to the workplace from flying rocks and other objects due to blasting operations.

Section 26.64 Radio transmitters

26.64 Operating radio transmitters shall not be allowed within 45 750 mm (150 ft.) of electric blasting operations. Signs shall be posted to that effect.

Part 34 HOISTING APPARATUS

Section 34.3 Carrying capacity

34.3 (1) The employer shall obtain from the manufacturer, or if unobtainable from the manufacturer from an engineer, a statement of the safe load carrying capacity of hoisting apparatus.

(2) The employer shall ensure that the safe load carrying capacity obtained under subsection (1) is posted legibly on hoisting apparatus where the operator is able to see it when he is in his operating position.

(3) The employer shall ensure that the operator of hoisting apparatus has sufficient information to enable the operator to determine the load that the hoisting apparatus is capable of hoisting safely under any operating condition.

(4) When the boom, counterweight or another principal part of hoisting apparatus is modified, extended, altered or repaired so as to affect the load carrying capacity, the employer shall obtain a statement of revised safe load carrying capacity from an engineer.

Part 45 PERSONAL PROTECTIVE EQUIPMENT

Section 45.20 Signs

45.20 (1) Every employer shall ensure that access routes to work areas where workers may be exposed to oxygen deficient atmosphere or harmful concentrations of air contaminants shall be posted with signs and specifying

(a) the required personal protective equipment; and

(b) the areas and hazards involved.

(2) The employer shall ensure that sufficient workers who are trained in rescue procedures are immediately available whenever workers are working in areas where an oxygen deficient atmosphere or harmful concentrations of air contaminants exists or is likely to develop. The rescue workers shall have immediate access to appropriate breathing apparatus or other aids necessary to effect a rescue.

(3) The employer shall ensure that where a worker is wearing an approved air-line or approved air-hose type respirator in an atmosphere immediately harmful to the worker

(a) the air supply source shall be attended by another worker who shall be equipped to effect rescue or render assistance if the worker is rendered unconscious or otherwise incapacitated; and

(b) the worker shall be provided with and carry an auxiliary supply of compressed respirable air of sufficient capacity to enable the worker to escape from the area in an emergency or until rescue is effected.

[EC2021-126, s. 3]

45.21 Repealed. [EC2004-632, s. 6]

45.22 - 45.23 Repealed. [EC2004-632, s. 7]

Part 49 ASBESTOS

Section 49.1 Definitions

49.1 (1) In this Part,

(a) "asbestos" means any of the following asbestiform silicates:

(i) actinolite,

(ii) anthophyllite,

(iii) chrysotile,

(iv) crocidolite,

(v) amosite, or

(vi) tremolite;

(b) "asbestos-containing material" means

(i) material, other than vermiculite insulation, that contains 1 per cent or more asbestos by dry weight, and

(ii) vermiculite insulation;

(c) "asbestos contractor" means the holder of a valid asbestos contractor’s certificate;

(d) "asbestos contractor’s certificate" means a valid asbestos contractor’s certificate granted or deemed to have been granted under section 49.9;

(e) "asbestos warning sign" means a sign posted at the boundaries of an asbestos work area that states

(i) that an asbestos hazard is present,

(ii) that a cancer and lung disease hazard is present,

(iii) that the enclosure is restricted to authorized personnel only, and

(iv) that respiratory protection and protective clothing must be worn in the enclosure;

(f) "asbestos work" means the handling of asbestos or asbestos-containing material, and includes

(i) the removal of asbestos or asbestos-containing material,

(ii) the encapsulation or repair of asbestos or asbestos-containing material, or

(iii) the enclosure of asbestos or asbestos-containing material for the purpose of creating a physical barrier to potential fibre release;

(g) "asbestos work area" means the area in which asbestos work is being prepared for or carried on by an asbestos contractor and the contractor’s workers, and includes any enclosure established by the asbestos contractor or the workers;

(h) "exposure to asbestos" means the exposure of a worker to airborne respirable asbestos fibres originating from asbestos or asbestos-containing material;

(i) "friable asbestos-containing material" means asbestos-containing material that when dry can be crumbled, pulverized or powdered by hand pressure and includes asbestos-containing material that is in a crumbled, pulverized or powdered state;

(j) "HEPA filter" means a high efficiency particulate aerosol filter that has an efficiency of at least 99.97% in containing an aerosol of 0.3 of a micrometre in diameter;

(k) "Threshold Limit Values" means the threshold limit values for asbestos exposure specified by the ACGIH in its publication "Threshold Limit Values and Biological Exposure Indices" adopted under subsection 49.3(3).

(2) In this Part, "Type I Removal Operations" means removal operations that present a minimal risk of releasing asbestos fibres into the air, such as the removal of asbestos-containing material that is nonfriable, work that can be done without damaging the asbestos-containing material, including the use of non-powered handheld tools as long as water is used to control fibre release, and

(a) removal of asbestos-containing material ceiling tiles where the total area to be disturbed is less than 1 square meter without damage;

(b) removal of non-friable asbestos-containing material without damage;

(c) removal of vinyl asbestos floor tile, asbestos cement products, and millboard where water is used to control fibre release; and

(d) removal of less than one square meter of drywall where joint-filling compounds with asbestos-containing material were used.

(3) In this Part, "Type II Removal Operations" means removal operations that present a medium risk of asbestos exposure to workers, such as the removal or minor disturbance of friable asbestos-containing material with a surface area of less than 0.09 of a square meter or 1 square foot during the repair, alteration, maintenance or demolition of all or part of a building, or any machinery or equipment, or where the minor removal or disturbance exceeds the scope of a Type I Removal, including

(a) using a mechanical or electrically powered tool, fitted with a HEPA filter dust collector, to cut, shape or grind non-friable manufactured products containing asbestos;

(b) removing all or part of a false ceiling to gain access to a work area where friable asbestos-containing material is, or is likely to be, lying on the surface of the false ceiling;

(c) removing, encapsulating, enclosing or disturbing a surface area of less than 0.09 of a square meter or 1 square foot of friable asbestos-containing material during the repair, alteration, maintenance, demolition or dismantling of a building, structure, machine, tool or equipment, or parts of any of them;

(d) performing glove bag operations;

(e) dry removal of non-friable asbestos-containing material where the material may be cut, broken, or otherwise damaged during removal; and

(f) removing a surface area of up to 9.3 square meters or 100 square feet of contiguous ceiling tile containing asbestos or sheet vinyl flooring having an asbestos backing.

(4) In this Part, "Type III Removal Operations" means removal operations during the repair, alteration, maintenance or demolition of all or part of any building, machinery or equipment that present the highest risk of asbestos exposure to workers, including

(a) spraying of an encapsulant over friable asbestos using a low-pressure sprayer;

(b) using a power tool not having a dust collection device equipped with a HEPA filter to cut, grind or abrade asbestos-containing material;

(c) any indoor operation involving the removal or stripping of friable asbestos-containing material; and

(d) repairing, altering or demolishing a boiler, furnace or similar device or any part of it that is made in part of asbestos-containing material.

[EC596/90, s. 1; EC2020-147, s. 8]

Section 49.10 Requirements before commencing work

49.10 (1) Before commencing any asbestos work, an asbestos contractor shall provide written notification respecting the asbestos work to the Director, in the form required by the Director and containing the information specified in subsection (2).

(2) The written notification referred to in subsection (1) shall be provided to the Director at least three business days prior to the planned asbestos work, shall be signed by the asbestos contractor or a competent person who is authorized to represent the asbestos contractor, and shall include

(a) a description of the asbestos work to be performed that shows that it is adequately covered by specific procedures in the asbestos work procedure manual submitted under clause 49.9(3)(a) or, if the manual does not contain the necessary procedures, the new procedures developed by the asbestos contractor to accommodate the particular needs of the asbestos work;

(b) the names of the workers who will perform the asbestos work and confirmation that those workers have successfully completed a course in asbestos abatement acceptable to the Director;

(c) confirmation of the name of the competent person who will be supervising the asbestos work and proof satisfactory to the Director that the person is competent to supervise the asbestos work;

(d) confirmation that the workers named in clause (b) have participated in a medical surveillance program acceptable to the Director.

(3) On receipt of the notification required under subsection (1), an officer shall review the notification and may, if satisfied with the information provided, issue a permit to the asbestos contractor to undertake the asbestos work.

(4) The asbestos contractor shall carry out the asbestos work in accordance with the information provided in the notification.

[EC596/90, s. 1; EC2020-147, s. 8]

Section 49.15 Asbestos work area, boundaries

49.15 (1) An asbestos contractor shall, prior to the commencement of asbestos work, ensure that

(a) the boundaries of the asbestos work area are identified and marked by barricades, fences or similar means;

(b) asbestos warning signs are posted at the boundaries of the asbestos work area which meet the requirements of clause 49.1(1)(e);

(c) the permit issued under subsection 49.10(3) is posted;

(d) the immediate work area is cleared of objects, materials and equipment other than those required to do the work; and

(e) the windows, doorways and all other openings are adequately secured to prevent the release of asbestos fibres into other work areas.

(2) No person shall eat, drink or smoke in an asbestos work area.

[EC596/90, s. 1; EC2020-147, s. 8]

Part 50 TRAFFIC CONTROL

Section 50.17 Signs posted

50.17 The employer shall ensure that "Signaller Ahead" signs shall be posted in advance of each signaller's station. Such signs shall be removed promptly when the signalling operation terminates.

[EC225/91, s. 1]

Scaffolding Regulations
EC2006-44

Section 14 Suspended scaffolds - commercially manufactured

14. (1) Where a suspended scaffold that is commercially manufactured is provided by an employer for the use of a worker, the employer shall ensure it is erected, used, maintained and dismantled in accordance with the manufacturer's specifications.

(2) Where a suspended scaffold that is not commercially manufactured is provided by an employer for the use of a worker, the employer shall

(a) develop written procedures for its operation; and

(b) ensure that the suspended scaffold is

(i) operated in accordance with written operating procedures developed by the employer under clause (a);

(ii) constructed, erected, used, operated, maintained and dismantled in accordance with a professional engineer's design that includes instructions on erection, use, maintenance and dismantlement; and

(iii) designed, constructed, erected, used, operated, maintained, inspected, monitored and dismantled in accordance with CSA Standard Z91-02 , "Health and Safety Code for suspended equipment operations", as amended from time to time.

(3) An employer shall ensure that a suspended scaffold provided by the employer to a worker is suspended by at least two upper attachments that are placed so that the suspension ropes are parallel, unless the suspended scaffold is a boatswain's chair.

(4) An employer shall ensure that a suspended scaffold provided to a worker is tied, during use,

(a) to an outrigger; or

(b) to a parapet clamp, where it is impractical to tie the scaffold to an outrigger.

(5) An employer shall ensure that a suspended scaffold provided by the employer to a worker is

(a) lowered to the ground; or

(b) lashed to the building or other structure to which it is attached,

when the scaffold is not in use.

(6) An employer shall ensure that a suspended scaffold provided by the employer to a worker is not moved up or down by a worker during use if the work platform of the scaffold is more than 10% out of level.

(7) Where a powered suspended scaffold is provided by an employer to a worker and the employer does not otherwise provide a safe means of egress to the powered suspended scaffold, the employer shall ensure that the powered suspended scaffold is equipped with a controlled descent device, other than a lifeline, for use in the event of a mechanical or power failure, that can

(a) be safely operated from the work platform; and

(b) move the scaffold to a point of safe egress.

(8) An employer shall ensure that a suspended scaffold provided by the employer to a worker complies with subsections (9) to (19).

(9) Power units on a suspended scaffold shall be equipped with

(a) positive pressure controls; and

(b) positive drives,

for raising and lowering the work platform.

(10) A manually operated suspended scaffold shall be equipped with a hoisting mechanism that has a secondary locking device that is securely locked in a positive drive position.

(11) Where two work platforms are tiered on one suspended scaffold, the upper platform shall have at least two independent means of support arranged so that the failure of one support will not result in the collapse of the upper platform.

(12) Subject to clause (19)(a), all supporting members of a suspended scaffold, including outriggers, parapet clamps, anchor points, parapet and work platforms shall be able to withstand four times the maximum load likely to be imposed on them.

(13) Counterweights on a suspended scaffold shall

(a) be securely attached to the outriggers;

(b) consist of solid material; and

(c) be of sufficient weight to counterbalance four times the rated capacity of the scaffold.

(14) Where the outrigger of a suspended scaffold does not have an eye bolt, the outer end of the outrigger shall be equipped with a positive stop device that prevents the movement of the rope.

(15) The maximum load that may be imposed on the components of an outrigger on a suspended scaffold shall be

(a) printed on each component; or

(b) otherwise accessible to the worker at the work area where the outrigger is located.

(16) An outrigger used in a suspended scaffold shall not be made of wood or include components made of wood.

(17) Any outrigger or parapet clamp used on a suspended scaffold shall be tied to an anchor point to prevent movement of the outrigger or parapet clamp.

(18) Where an outrigger on a suspended scaffold consists of more than one component, the components shall be fastened by at least two independent fastening systems to prevent the components from separating.

(19) A rope used to suspend a work platform shall

(a) be able to withstand ten times the maximum load likely to be imposed on the rope;

(b) where made of wire, be not less than 7.8 mm in diameter;

(c) where made of polypropylene, be not less than 16 mm in diameter; and

(d) in the case of a suspended scaffold that can be moved upward and downward,

(i) extend to the nearest safe surface, and

(ii) be secure from tangling or fouling.

(20) An employer shall ensure that a fall arrest system, including a ropegrab and an independent life line, is used by workers

(a) working on or from a suspended scaffold; and

(b) entering onto or leaving a suspended scaffold.

(21) Notwithstanding subsection (20), where a suspended scaffold has more than one means of support on each side of the work platform, either of which would prevent collapse of the scaffold in the event of the failure of the other, an employer may attach a fall arrest system to an adequate anchor point on the platform.

(22) Where a worker is performing work on a suspended scaffold, an employer shall ensure the work area below the work platform

(a) is roped off, barricaded or provided with a means of overhead protection; and

(b) has highly visible warning signs posted to notify workers of the overhead hazard.

(23) An employer shall ensure that

(a) all suspension lines, tiebacks, lifelines and other supporting components of a suspended scaffold that are made of rope; and

(b) the internal hoist mechanisms, are protected from abrasions, corrosive substances, other foreign materials, heat or work activities that might damage the rope or the internal hoist mechanisms.

Section 19 Power operated elevating work platform

19. (1) An employer who provides a power operated elevating work platform for the use of a worker shall ensure that the work platform is equipped with

(a) positive pressure controls for the positioning of the work platform;

(b) a power elevating mechanism equipped with positive drives for both raising and lowering the work platform;

(c) an interlock device that limits lateral movement when the height of the work platform exceeds that specified by the manufacturer; and

(d) an elevating mechanism that, upon failure, locks the work platform in the elevated position.

(2) Where an elevating mechanism referred to in clause (1)(b) of a power operated elevating work platform fails while a worker is working on the work platform, the employer who provided the work platform for the use of the worker shall ensure that the worker is removed from the work platform before

(a) the work platform is lowered; or

(b) repairs are made to the elevating mechanism.

(3) Where the operator of a power operated elevating work platform is not the worker being raised on the work platform, the employer who provided the work platform for the use of the worker shall ensure that there is an effective and direct means of communication between the operator and the worker.

(4) The owner of a power operated elevating work platform, and an employer who provides a power operated elevating work platform for the use of a worker, shall ensure that the power operated elevating work platform is designed, constructed, erected, maintained, inspected, monitored and used in accordance with the following CSA Standards, as applicable:

(a) B354.1-04 , "Portable Elevating Work Platforms";

(b) B354.2-01 , "Self Propelled Elevating Work Platforms";

(c) B354.4-02 , "Self-propelled Boom-supported Elevating Work Platforms";

(d) Z271-10 , "Safety Code for Suspended Elevating Platforms";

(e) C225-10 , "Vehicle-Mounted Aerial Device".

(5) An employer who provides a power operated elevating work platform for the use of a worker shall ensure that

(a) the worker is competent to operate the platform or that the platform is operated by another worker who is competent to do so; and

(b) the worker operating the platform has available on the work platform

(i) a legible operator's manual, and

(ii) information on

(A) all of the applicable operational limitations and requirements, including those relating to the use of outriggers, stabilizers and extendable axles,

(B) the specific surface conditions required for safe use in the elevated position,

(C) such warnings as may be specified by the manufacturer;

(D) the name and number of the CSA Standard to which the power operated elevating work platform was designed, and

(E) the name and address of the owner of the work platform.

(6) An employer who provides a power operated elevating work platform for the use of a worker shall ensure that information on

(a) the rated capacity of the work platform; and

(b) other than for a boom-type elevating work platform, the direction of the machine movement for each operating control of the work platform, is securely posted at the controls of the work platform.

(7) The owner of a power operated elevating work platform shall keep a permanent record of all inspections, tests, repairs, modifications and maintenance performed on it.

(8) The record required under subsection (7) shall include the name and signature of the person who performed the inspection, test, repair, modification or maintenance.

(9) An employer who provides a power operated elevating work platform for the use of a worker shall ensure that the worker who operates the work platform has, before using it for the first time,

(a) received oral or written instruction on the safe operation of the particular work platform; or

(b) otherwise been adequately trained to operate the work platform.

(10) An employer shall ensure that the instruction and training required by a worker under subsection (9) is provided by a competent person and includes

(a) instruction

(i) on the manufacturer's specifications,

(ii) on applicable load limitations,

(iii) on the kind of surfaces on which the power operated elevating work platform are designed to be used; and

(b) a hands on demonstration of the proper use of all controls.

(11) An employer who provides a power operated elevating work platform for the use of a worker shall ensure that the work platform

(a) is not loaded in excess of its rated capacity;

(b) is used on a firm, level surface unless otherwise specified by the manufacturer;

(c) is used only in accordance with the manufacturer's specifications;

(d) is not loaded and used in such a manner as to create an unstable condition or cause a hazard;

(e) is not moved vertically or horizontally unless every worker on the scaffold, while it is being moved, is protected against falling by a fall arrest system that complies with the Fall Protection Regulations (EC633/04); and

(f) is equipped with an emergency stop button.

(12) An employer of a worker who uses a power operated elevating work platform shall ensure that the worker is protected against falling by a fall arrest system that complies with the Fall Protection Regulations (EC633/04).

[EC2017-605, s. 2]

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

Section 8 Order

8. (1) Where an officer determines that a provision of this Act or the regulations is being contravened, the officer may issue an order, orally or in writing, to the owner, constructor, contractor, employer, supervisor or the person in charge of the workplace or to the person in contravention of this Act or the regulations, to comply with the provision and the officer may require that the order be carried out forthwith or within a time period specified by the officer.

(2) Where an officer issues an oral order under subsection (1), the officer shall confirm the order in writing before leaving the workplace or promptly thereafter.

(3) An order made under subsection (1) shall indicate the nature of the contravention and, where appropriate, the location of the contravention.

(4) Where an officer makes an order under subsection (1) and finds that the contravention determined under subsection (1) is a danger or hazard to the occupational health or safety of a worker, the officer may, in addition to an order made under subsection (1),

(a) order that the area, item, place, device, material, process, equipment or machinery shall not be used until the order made under subsection (1) is complied with;

(b) order that work stop at the workplace named in the order until the order is cancelled by an officer; or

(c) order that the workplace where the contravention exists be cleared of workers and isolated by barricades, fencing or any other means suitable to prevent access by a worker until the danger or hazard to the occupational health or safety of a worker is removed.

(5) Where an officer issues an order under subsection (1) or (4), the officer shall post at the workplace or affix to the item, device, material, equipment or machinery in the workplace a copy of the order.

(6) No person shall remove an order posted or affixed under subsection (5) unless authorized to do so by an officer.

(7) Where an officer makes an order in writing or issues a report of the inspection to an owner, constructor, contractor, employer, supervisor or a person in charge of the workplace, the officer shall

(a) forthwith cause a copy of the order to be posted in a conspicuous place at the workplace where it is most likely to come to the attention of the workers;

(b) provide a copy of the order or of the report to the representative, if any, and the committee, if any; and

(c) provide a copy of the order to the person who has complained of a contravention of this Act or the regulations.

(5.1) Subsection (5) does not apply to an order in relation to an occurrence of workplace harassment that contains

(a) individually identifying information about a worker or other person in the workplace; or

(b) other personal information, as defined in the Freedom of Information and Protection of Privacy Act R.S.P.E.I. 1988, Cap. F-15.01, about a worker or other person in the workplace.

[S.P.E.I. 2018, c. 45, s. 2]

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;

(c) wear or use such individual protective equipment as is required by this Act and the regulations;

(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]

Section 27 Employer's response

27. (1) Subject to clause (2)(c), an employer who receives written recommendations from a committee or a representative, if any, under clauses 25(7)(f) and 26(6)(f) together with a request for a response to the recommendations, shall respond in writing to the committee or representative within 30 days of the request.

(2) The employer's response referred to in subsection (1) shall

(a) indicate acceptance of the recommendations;

(b) give reasons for the disagreement with recommendations that the employer does not accept; or

(c) where it is not reasonably practicable to provide a response before the expiry of the 30-day period, provide within that time a reasonable explanation for the delay indicating to the committee or a representative, if any, when the response will be coming, and provide the response as soon as it is available.

(3) If the committee or a representative, if any, considers that the explanation provided by the employer under clause (2)(c) is unacceptable or unreasonable, the committee or representative shall promptly report that fact to an officer.

(4) An employer shall notify the committee or representative of the existence of reports of occupational health and safety inspections, monitoring or tests undertaken at the workplace by, or at the request of, an officer or the employer and the employer shall make the reports available on request to the committee or the representative.

(5) An employer shall, on the request of a worker at the workplace, make available to the worker reports of occupational health or safety inspections, monitoring or tests undertaken at the workplace by, or at the request of, an officer or the employer.

(6) An officer shall provide the employer at a workplace with reports of inspections, monitoring and tests undertaken at the workplace by, or at the request of, an officer.

(7) An employer shall

(a) post the names of the current committee members or the representative and the means of contacting them; and

(b) promptly post the minutes of the most recent committee meeting and ensure that they remain posted until superseded by the minutes of the next committee meeting.

(8) An employer shall

(a) make available for examination at the workplace information and reports that an officer considers advisable to enable workers to know their rights and responsibilities under this Act and the regulations; and

(b) post, and ensure that they remain posted in the workplace,

(i) a code of practice required under this Act or the regulations,

(ii) a current telephone number for reporting occupational health or safety concerns, and

(iii) the occupational health and safety policy where the employer is required by this Act to have a policy.

(9) Where anything other than the information referred to in subsection (8) is required to be posted by this Act or the regulations, the person who has the duty to post it shall

(a) post a legible copy of it in a prominent place in the workplace; and

(b) unless this Act or the regulations specify otherwise, ensure that it remains posted for at least seven days or longer if additional time is necessary to enable workers at the workplace to inform themselves of its content.

(10) Notwithstanding subsection (9), a person who is required to post anything required to be posted under subsection (9) may, alternatively, provide that information to each worker in writing.

Section 36 Reporting of accidents

36. (1) Where an accident occurs in the workplace in which a worker is seriously injured in a manner which causes or may cause a fatality, suffers a loss of limb, unconsciousness, substantial loss of blood, a fracture, an amputation of a leg, arm, hand, or foot, a burn to a major portion of the body, or the loss of sight in an eye, the employer shall ensure that written notice is sent, by the fastest means available, to the Director within 24 hours of the accident.

(2) Where an accident is reported under subsection (1), the employer shall notify the committee, where one exists, or the representative, if any.

(3) Except as otherwise directed by an officer, no person shall disturb the scene of an accident that results in a serious injury or a fatality except to the extent that it is necessary

(a) to attend to persons injured or killed;

(b) to prevent further injuries; or

(c) to protect property that is endangered as a result of the accident.

Section 37 Accidental explosions

37. An employer shall, whether or not a person has been injured, provide the Director with a written report of all accidental explosions.

Section 45 Posting written materials

45. An owner, employer or a constructor shall keep in a prominent place accessible to the workers

(a) a copy of this Act and the regulations; and

(b) such notices and reports as are required by this Act and the regulations to be posted.

SMOKE-FREE PLACES ACT
R.S.P.E.I. 1988, c. S-4.2

SIGNS

Section 12 Signs required

12. The owner of a public place or workplace or the employer at a workplace shall, in accordance with the regulations, post and keep posted at the public place or workplace those signs respecting smoking in a public place or workplace that may be required by the regulations, including

(a) signs that indicate smoking is not permitted on the premises;

(b) signs that indicate smoking is not permitted outside of a designated smoking area; and

(c) signs that identify designated smoking areas.

[S.P.E.I. 2003, c. 44, s. 6]

INSPECTORS, COMPLAINTS AND ORDERS

Section 16 Order

16. (1) Where an inspector has reasonable grounds to believe

(a) that either there has been a contravention of a provision of this Act, other than subsection 4(2), or the regulations; or

(b) that both

(i) remedial action is necessary to ensure compliance with this Act, other than subsection 4(2), or the regulations, and

(ii) less intrusive means of dealing with the matter are not likely to be sufficiently effective,

the inspector may issue an order requiring any person appearing to have responsibility to take such remedial action as may be specified in the order.

(2) An order made under subsection (1)

(a) may be given orally or in writing to a person who is responsible for taking remedial action under the order;

(b) shall specify

(i) the reasons why it was made, and

(ii) the name of any person responsible for taking remedial action under the order;

(c) shall clearly specify what remedial action is required to be taken and the time within which that action must be taken; and

(d) shall indicate that a failure to comply with the order is an offence under section 19 of this Act.

(3) Where an inspector gives an oral order under subsection (2), the inspector shall, within 24 hours of giving the order, serve a written copy of the order to the person responsible for taking remedial action under the order.

(4) An inspector may, under this section, effect service of a written copy of an order on a person responsible for taking remedial action under the order

(a) by causing the written copy of the order to be posted in a conspicuous place at the public place or workplace to which the order applies; or

(b) by leaving the written copy of the order with

(i) the person responsible for taking remedial action under the order,

(ii) an officer, director or agent of the owner of, or the employer at, the public place or workplace to which the order applies, if the owner or employer is not named in the order as a person responsible for taking remedial action under the order, or

(iii) any person who appears to be in charge of the public place or workplace to which the order applies.

[S.P.E.I. 2009, c. 86, s. 9]