Workplace Health and Safety Regulations
N.S. Reg. 52/2013

Part 1 INTERPRETATION AND APPLICATION

Section 1.2 Definitions for these regulations

1.2 In these regulations,

"Act" means the Occupational Health and Safety Act ;

"adequate" means sufficient to protect a person from injury or damage to health;

"ANSI" means the American National Standards Institute;

"anchorage" means a secure connecting point capable of safely withstanding the impact forces, as prescribed in these regulations or an applicable standard, applied by a fall-protection system;

"approved" means approved by the Department or by an agency or authority designated or selected by the Department to make approvals;

"competent person" means a person who is

(i) qualified because of their knowledge, training and experience to do the assigned work in a manner that ensures the health and safety of every person in the workplace, and

(ii) knowledgeable about the provisions of the Act and regulations that apply to the assigned work, and about potential or actual danger to health or safety associated with the assigned work,

"CSA" means the Canadian Standards Association;

"certified" means meeting the requirements of a standard as attested to by a certification organization accredited by the Standards Council of Canada or an engineer;

"Department" means the Department of Labour and Advanced Education;

"designated" means, in relation to an employer, appointed in writing by the employer;

"emergency services agency" means an agency operating within the Province for the purpose of responding to emergencies, including

(i) a municipal police force required to be maintained under the Police Act, including the Royal Canadian Mounted Police,

(ii) fire departments,

(iii) ambulance services;

"engineer" means a person who is registered as a member or licensed to practise under the Engineering Profession Act and is competent to do the work being performed;

"latest version" means, in relation to a standard or other publication, the latest edition of the standard or publication as supplemented, amended, added to, replaced or superseded;

"manufacturer's specifications" means

(i) the written instructions of a manufacturer of a machine, material, tool or equipment that outline the manner in which the machine, material, tool or equipment is to be erected, installed, assembled, started, operated, used, handled, stored, stopped, adjusted, carried, maintained, repaired, inspected, serviced, tested, cleaned or dismantled, and

(ii) a manufacturer's instruction, operating or maintenance manual and drawings respecting a machine, tool or equipment;

"temporary highway workplace" means a temporary workplace on a highway, as defined in Part 24;

"work area" means a location at a workplace where an employee or self-employed person is working or may be required to work.

Section 1.10 Manufacturer's specifications and standards for equipment and components

1.10 (1) Except as otherwise provided in these regulations, an employer must

(a) ensure that any equipment, components of equipment or components of a system are erected, installed, assembled, used, handled, stored, adjusted, maintained, repaired, inspected, serviced, tested, cleaned and dismantled in accordance with the manufacturer's specifications for the equipment, components or system; and

(b) comply with and ensure compliance with the applicable standards for the equipment, components or system as specified in these regulations.

(2) Except as otherwise provided in these regulations, a person must use equipment, components of equipment or components of a system in accordance with

(a) the manufacturer's specifications for the equipment, components or system; and

(b) any applicable standards for the equipment, components or system specified in these regulations.

Section 1.11 Engineer's certification required for other use of equipment or components

1.11 (1) An employer must obtain a written certification from an engineer in accordance with subsection (2) that certifies that the employer's intended use of equipment, components of equipment or components of a system provides an adequate level of safety for all persons at or near the workplace in all of the following circumstances:

(a) the employer intends to use the equipment, components of equipment or components of a system for a purpose or in a manner that is

(i) not specifically permitted by the manufacturer's specifications,

(ii) not specifically permitted by an applicable standard referred to in these regulations;

(b) the employer intends to use equipment, components of equipment or components of a system for which no manufacturer's specifications exist or are provided.

(2) An engineer must do all of the following before certifying equipment, components of equipment or components of a system under subsection (1):

(a) ensure that the use of the equipment, components of equipment or components of a system as intended by the employer is in accordance with generally accepted engineering practices;

(b) identify, as part of the written certification, any measures to be taken to provide an adequate level of safety.

(3) An engineer must sign any written certification they prepare under this Section.

Section 1.12 Inspection and re-certification of equipment

1.12 (1) An employer must ensure that any equipment used is inspected

(a) by the user, before each use; and

(b) by a competent person, annually, or more frequently as specified in any applicable Part of these regulations.

(2) An employer must ensure that any manufacturer's specifications that provide instructions on how to conduct an inspection under subsection (1) are followed.

(3) An employer must ensure that used equipment is re-certified in accordance with 1 of the following:

(a) the manufacturer's specifications;

(b) an engineer's certification, if an engineer's certification was obtained under Section 1.11.

(4) A person must perform any inspections required by this Section and as specified in any applicable Part of these regulations.

Section 1.13 Equipment protected from damage or exposure

1.13 An employer must ensure that equipment that may be exposed to heat, abrasion or corrosion is either

(a) made of material that is able to withstand the exposure without being damaged; or

(b) protected from the exposure.

Section 1.14 Taking equipment out of service

1.14 (1) An employer must ensure that equipment is taken out of service if any of the following apply:

(a) the equipment is defective;

(b) the equipment has come into contact with

(i) excessive heat, or

(ii) a chemical or other substance that may corrode or otherwise damage the equipment or a component of the equipment;

(c) for fall-protection and rope access equipment, the equipment has been used to stop a fall.

(2) A person must not use any equipment described in subsection (1).

(3) An employer must ensure that equipment that is taken out of service under subsection (1) is not returned to service until it is inspected, repaired as necessary and re-certified by

(a) the manufacturer; or

(b) if certification by the manufacturer is not possible or reasonably practicable, an engineer.

(4) The following must be done for equipment that is taken out of service:

(a) if the equipment is awaiting inspection, repair or re-certification, it must be

(i) immediately removed from the work area,

(ii) clearly identified as taken out of service, and

(iii) stored separately from equipment that has not been taken out of service;

(b) if the equipment is not awaiting inspection, repair or re-certification, it must be destroyed immediately.

Part 22 WORK REQUIRING ROPE ACCESS

Section 22.5 Code of practice must be adopted for rope access work

22.5 (1) An employer must ensure that work is not conducted using rope access unless the employer has adopted 1 of the following as a code of practice for the work:

(a) the International Code of Practice as modified by this Part;

(b) a written safe-work procedure under subsection (2) that is approved in writing by the Director and provides for an adequate level of safety.

(2) A written safe-work procedure adopted for the purposes of clause (1)(b) must be based on a hazard assessment of the work typically performed by the employer and must include all of the following:

(a) the type and scope of hazard assessment that will be undertaken to identify potential hazards, including how it will be conducted;

(b) appropriate methods that will be used for controlling and eliminating typical hazards;

(c) the training a rope access technician will receive before beginning rope access work and how the training ensures the rope access technician is competent to conduct the work;

(d) how the rope access system and other equipment, including personal protective equipment, will be selected to ensure it is appropriate for its intended application;

(e) how selected equipment will be maintained and inspected;

(f) the name of a competent person or persons who will supervise the work area and the qualifications that make them competent to supervise the work;

(g) the process to be followed in establishing a rope access safe-work plan in accordance with Section 22.9, including any consultation to be undertaken in developing the plan;

(h) the processes that will be put in place for

(i) rescue operations and other emergencies, including the equipment and personnel that will be available, and

(ii) protecting third parties.

Section 22.9 Rope access safe-work plan required in work areas with risk of fall

22.9 (1) Except as provided in Section 1.16 for an emergency services agency, if a rope access technician is at risk of falling from any height in a specific work area, an employer must develop a specific written rope access safe-work plan for the work area.

(2) A rope access safe-work plan must be based on a hazard assessment of the specific work area and must include all of the following information:

(a) a list of the potential hazards associated with the work to be performed and their associated risks;

(b) how the hazards will be eliminated or controlled;

(c) the rope access system to be used at the work area;

(d) the procedures to be used to assemble, maintain, inspect, use and disassemble the rope access system;

(e) a list of persons who will be working in the work area, including each person's name and their duties;

(f) the appropriate personal protective equipment to be used to perform the work;

(h)* an access and rigging plan for how to rig the ropes and gain access to the work position;

(g)* an emergency response plan, including rescue operations, to be followed at the work area.

[*Clause lettering as in original.]

Section 22.11 Equipment must comply with code of practice or standards

22.11 An employer must ensure that equipment used in rope access is designed, installed, maintained and used in accordance with standards referenced in their code of practice or in accordance with the following standards that apply to the equipment being used:

(a) the latest version of CSA standard CSA Z259.1 , "Body Belts and Saddles for Work Positioning and Travel Restraint";

(b) the latest version of CSA standard CSA Z259.10 , "Full Body Harnesses";

(c) the latest version of CSA standard CSA Z259.11 , "Energy Absorbers and Lanyards";

(d) the latest version of CSA standard CSA Z259.12 , "Connecting Components for Personal Fall Arrest Systems (PFAS)";

(e) CEN standard EN 567: 1997, "Mountaineering Equipment - Rope clamps - Safety requirements and test methods";

(f) CEN standard EN 353-2:2002, "Personal protective equipment against falls from height - Part 2: Guided type fall arresters including a flexible anchor line";

(g) CEN standard EN 341: 1997, "Personal protective equipment against falls from height - Descender devices".

Section 22.12 Standards for ropes used in rope access system

22.12 (1) An employer must ensure that low stretch or static rope used in a rope access system is a Type A rope classified and approved by CEN standard EN 1892: 1998, "Personal protective equipment for the prevention of falls from a height - low stretch Kernmantel ropes".

(2) An employer must ensure that high stretch or dynamic rope used in a rope access system is approved to CEN Standard EN 892: 2004, Mountaineering equipment - Dynamic mountaineering ropes - Safety requirements and test methods".

Section 22.15 Protective headwear

22.15 (1) An employer must ensure that a rope access technician wears protective headwear whenever there is a foreseeable danger of injury to the rope access technician's head while performing rope access work.

(2) Protective headwear required by subsection (1) must be appropriate to the hazards and must meet the requirements of at least 1 of the following:

(a) the latest version of CSA standard CSA Z94.1 , "Industrial Protective Headwear";

(b) the latest version of ANSI standard ANSI Z89.1, "American National Standard for Industrial Head Protection";

(c) CEN standard EN 12492, "Mountaineering equipment - Helmets for mountaineers - Safety requirements and test methods".

(3) A rope access technician must wear protective headwear in accordance with this Section.

Occupational Safety General Regulations
N.S. Reg. 44/99

Part 1 Title and Definitions

Section 2 Definitions

2. In these regulations,

(a) "Act" means the Occupational Health and Safety Act ;

(aa) "adequate" means sufficient to protect a person from injury or damage to health;

(b) "ALI" means the Automotive Lift Institute;

(ba) "angle of repose" means the angle with the horizontal at which material will no longer flow freely;

(c) "ANSI" means the American National Standards Institute;

(ca) "approved" means approved by the Department or by an agency or authority designated or selected by the Department to make approvals;

(d) "ASME" means the American Society of Mechanical Engineers;

(e) "ASTM" means the American Society for Testing and Materials;

(ea) "CGA" means the Compressed Gas Association;

(f) "CGSB" means the Canadian General Standards Board;

(g) "competent person" means a person who is

(i) qualified because of their knowledge, training and experience to do the assigned work in a manner that ensures the health and safety of every person in the workplace, and

(ii) knowledgeable about the provisions of the Act and regulations that apply to the assigned work, and about potential or actual danger to health or safety associated with the assigned work;

(ga) "compressed air" means air mechanically raised to a pressure higher than atmospheric pressure;

(h) "CSA" means the Canadian Standards Association;

(i) "demolition" means the destruction or removal of all, or part, of an existing building or structure;

(ia) "Department" means the Department of Labour and Advanced Education;

(j) "designated" means, in relation to an employer, appointed in writing by the employer;

(k) "electrical installation" means the wires, machinery, apparatus, appliances, devices, material and equipment used or intended for use for the generation, transmission, distribution, supply and use of electrical power or energy, and includes a power line and power line equipment;

(l) "engineer" means a person who is registered as a member or licensed to practise under the Engineering Profession Act and is competent to do the work being performed;

(m) "firefighter" means

(i) an employee who provides fire suppression services to the public from a fire department within a municipality or local service district, or

(ii) an industrial firefighter;

(n) "guardrail" means a fall protection system consisting of vertical and horizontal members that

(i) are capable of withstanding concentrated forces, as prescribed in these regulations or an applicable standard,

(ii) warn of a fall hazard, and

(iii) reduce the risk of a fall;

(o) "hazardous substance" means chemical or biological material, dangerous goods within the meaning of the Dangerous Goods Transportation Act or a controlled product within the meaning of the Hazardous Products Act (Canada) that is likely to, because of its harmful nature, cause injury or damage to the health or safety of a person exposed to it;

(p) "hoist" means a device or equipment and its structure used for lifting or lowering material, including cranes, an automotive lift, a winch, a chain fall or other similar device, but does not include a lift truck, a power operated elevating work platform, a device to which the Elevators and Lifts Act applies or a hoist that operates in a shaft in the underground at a mine;

(pa) "ITSDF" means the Industrial Truck Standards Development Foundation;

(q) "industrial firefighter" means an employee who

(i) is designated to fight fires at the employee's place of employment, and

(ii) is employed by an employer who does not, in the normal course of its business, provide fire suppression services to the public;

(qa) "latest version" means, in relation to a standard or other publication, the latest edition of the standard or publication as supplemented, amended, added to, replaced or superseded;

(r) "lift truck" means a lift truck as defined in the latest version of ANSI standard ANSI/ITSDF B56.1, "Safety Standard for Low Lift and High Lift Trucks";

(s) "locked out" means to have

(i) isolated the energy source or sources from a machine, equipment, tool or electrical installation,

(ii) dissipated any residual energy in a system, and

(iii) secured the isolation of the energy source or sources by an inhibiting device that is operated by a key or other process,

and to have performed a "lock-out" has a similar meaning;

(t) "machine" Repealed. [N.S. Reg. 52/2000, s. 1]

(u) "manufacturer's specifications" means

(i) the written instructions of a manufacturer of a machine, material, tool or equipment that outline the manner in which the machine, material, tool or equipment is to be erected, installed, assembled, started, operated, used, handled, stored, stopped, adjusted, carried, maintained, repaired, inspected, serviced, tested, cleaned or dismantled, and

(ii) a manufacturer's instruction, operating or maintenance manual and drawings respecting a machine, tool or equipment;

(ua) "mobile crane" means a mobile crane to which the latest version of CSA standard CSA Z150 , "Safety Code on Mobile Cranes" applies;

(v) "NFPA" means the National Fire Protection Association;

(va) "overhead crane" means any mechanical device or structure that is used to raise, lower and move material that travels overhead and that incorporates a

(i) power driven drum, bridge and cable or rope,

(ii) single or multiple girder, and

(iii) moveable bridge carrying a moveable or fixed hoisting mechanism,

but does not include wall cranes, cantilever gantry cranes and semi-gantry cranes;

(vb) "personal flotation device" means personal protective equipment that is capable of supporting a person with their head above water without the direct effort of the person wearing the equipment;

(w) "power line" means the above-ground or underground wiring that is used to distribute electricity;

(x) "power line equipment" means the components that are required to distribute electricity by means of a power line;

(y) "power operated elevating work platform" means a mobile horizontal working surface that provides access and support to a person at a workplace, and that is elevated and lowered by means of a mechanism and [that complies with] Part 23: Scaffolds and Other Elevated Work Platforms, of the Workplace Health and Safety Regulations made under the Act, including a standard listed in subsection (4) thereof;

(z) "powered mobile equipment" means self-propelled equipment that is designed to operate on land in conditions other than a public highway, but does not include equipment primarily designed to transport persons, a lift truck or a power operated elevating work platform;

(aa) "SAE" means the Society of Automotive Engineers;

(ab) "structural fire-fighting" means the activities of rescue, fire suppression and conservation of property from fires involving buildings, structures, vehicles, vessels, aircraft or other large objects constructed by human effort;

(ac) "surface mine" means a work or undertaking, other than a trench, for the purpose of opening up, proving, removing or extracting any metallic or non-metallic mineral or mineral bearing substance, rock, earth, clay, sand or gravel by means of an open excavation, and includes a pit or quarry;

(ad) "tower crane" means any mechanical device or structure that

(i) incorporates a power-driven drum and cable or rope and a vertical mast or tower and a jib,

(ii) is of the traveling, fixed or climbing type, and

(iii) is used exclusively for raising, lowering and moving material;

(ae)"trench" means an excavation in which the excavation depth exceeds the excavation width;

(af) "work area" means a location at the workplace at which an employee or self-employed person is or is likely to be working;

(ag) "worked" means drilled, blasted, extracted, excavated, loaded or subjected to other similar work.

[N.S. Reg. 52/2000, s. 1; 151/2003; 53/2013, ss. 1, 93]

Part 3 Personal Protective Equipment

Section 9 Use of personal protective equipment

9. (1) An employer shall ensure that adequate personal protective equipment or devices required for an assigned task are used, based on

(a) the nature of the task;

(b) the location and conditions of the workplace; and

(c) any hazards that may affect the health and safety of persons in the workplace.

(2) Where personal protective equipment or devices are required under the Act or these regulations, an employer shall ensure that

(a) an employee receives adequate training in the proper use and care of the personal protective equipment or devices; and

(b) an employee wears or uses the personal protective equipment or devices in accordance with the instruction and training provided.

(3) An employer shall ensure that all personal protective equipment or devices required under the Act or these regulations are

(a) maintained by a competent person; and

(b) tested or visually inspected before each use,

in accordance with the manufacturer's specifications.

(4) Where a person identifies any defect in personal protective equipment or devices that may impair the adequacy of the equipment or devices, the employer shall ensure that the personal protective equipment or devices are not used until they are repaired.

[N.S. Reg. 52/2000, s. 3; 53/2013, s. 93]

Section 9A

9A An employee shall wear or use personal protective equipment or devices as required under clause 9(2)(b).

[N.S. Reg. 52/2000, s. 4]

Section 10 Hazard to eyes, face or neck

10. (1) Where a person is exposed to a hazard that may irritate or injure the eyes, face, or front of the neck, an employer shall ensure that protective equipment is worn that is appropriate to the hazard and that complies with CSA standard CSA Z94.3 , "Industrial Eye and Face Protectors".

(2) Subsection (1) does not apply if a person operating a chain saw is wearing adequate face protection as a substitute for the protective equipment referred to in subsection (1).

[N.S. Reg. 52/2000, s. 5; 53/2013, s. 8]

Section 11

11. Where a person is exposed to a hazard that may injure the person's head, an employer must ensure that protective equipment is worn that is appropriate to the hazard and that complies with 1 of the following standards:

(a) the latest version of CSA standard CSA Z94.1 , "Industrial Protective Headwear"; or

(b) the latest version of ANSI standard ANSI Z89.1, "Industrial Head Protection".

[N.S. Reg. 52/2000, s. 6; 53/2013, s. 9]

Section 12 Hazard to foot or skin

12. (1) Where a person is exposed to a hazard that may injure the person's foot, an employer shall ensure that protective equipment is worn that is appropriate to the hazard and that complies with the latest version of CSA standard CSA Z195 , "Protective Footwear".

(2) Where a person is exposed to a hazard that may injure the skin, an employer shall ensure that adequate protection is worn or used.

[N.S. Reg. 53/2013, s. 10]

Section 13 Respiratory hazard

13. (1) Where a person is exposed to a respiratory hazard that may cause injury or disease, an employer shall provide and ensure the use of an adequate respirator that is appropriate to the hazard.

(2) An employer shall ensure that the compressed breathing air used in a respirator complies with or exceeds the latest version of CSA standard Z180.1 , "Compressed Breathing Air and Systems".

(3) An employer shall ensure compliance with the latest version of CSA standard CSA Z94.4 , "Selection, Use, and Care of Respirators", in respect of

(a) the selection, use, maintenance and testing of a respirator; and

(b) the training of users of a respirator.

(4) Repealed. [N.S. Reg. 53/2013, s. 11]

[N.S. Reg. 52/2000, s. 7; 53/2013, s. 11]

Section 14

14. (1) Where a person is exposed to the risk of drowning at a workplace, an employer must do 1 of the following:

(a) subject to subsection (2), select, provide and ensure the use of a life jacket or personal flotation device for the person;

(b) provide an alternative means of protection that ensures an equivalent level of safety to prevent a person from drowning.

(2) If a person working alone is exposed to the risk of drowning and is not visible to or within hearing distance of another person who is in a position to immediately come to their aid, an employer complying with clause (1)(a) must ensure the life jacket or personal flotation device selected, provided and used by the person is designed to provide buoyancy without any effort by the user and to rotate an unconscious person to an upward facing position in the water.

(3) A life jacket or personal flotation device selected in accordance with clause (1)(a) or required by subsection (2), must meet all of the following requirements:

(a) it is approved by Transport Canada, Canadian Coast Guard or US Coast Guard;

(b) it is appropriate for the weight of the person who will wear it;

(c) it has sufficient buoyancy to keep the person's head above water.

(4) Where a person is exposed to the risk of drowning at a workplace, an employer must provide all of the following rescue equipment:

(a) a life buoy with 15 m of polypropylene rope that is at least 10 mm in diameter or that is made from material that provides an equivalent level of protection;

(b) a boat hook;

(c) an audible alarm system to notify of an accident and to initiate the rescue procedure;

(d) an adequate motor boat to ensure a safe and timely rescue, if appropriate.

(5) Where a person is exposed to the risk of drowning at a workplace, an employer must ensure that enough employees are

(a) designated to perform specific rescue tasks;

(b) informed as to adequate rescue procedures; and

(c) trained in the rescue procedures and use of rescue equipment so that they can perform rescue operations safely.

(6) Where work is being done above water that has a fast current, if reasonably practicable, a line that meets all of the following criteria must be placed across the water:

(a) it is made of polypropylene rope that is 10 mm in diameter or material that provides an equivalent level of protection;

(b) it has buoys or some other flotation device attached to it.

(7) A person that is exposed to the risk of drowning must wear a life jacket or personal flotation device as required by this Section.

[N.S. Reg. 53/2013, s. 14]

Part 5 Handling and Storage of Material

Section 43

43. (1) An employer shall ensure that a competent person changes or charges a rechargeable storage battery.

(2) Where a rechargeable storage battery is charged, or filled with or drained of electrolyte, an employer shall

(a) provide an employee performing this work with

(i) goggles and a face shield,

(ii) acid resistant gloves, and

(iii) an acid resistant apron; and

(b) ensure that an employee uses this personal protective equipment while performing this work.

Part 11 Electrical Safety

Section 123

123. (1) Where a person is required to work on an energized electrical installation, an employer shall, as necessary in the circumstances, provide a person with all protective equipment and devices

(a) necessary to work safely on an energized electrical installation; and

(b) that comply with the latest version of the applicable standard listed below:

(i) ASTM D120, "Standard Specification for Rubber Insulating Gloves",

(ii) ASTM D1051, "Standard Specification for Rubber Insulating Sleeves",

(iii) ASTM D1048, "Standard Specification for Rubber Insulating Blankets",

(iv) ASTM D1050, "Standard Specification for Rubber Insulating Line Hose",

(v) ASTM D1049, "Standard Specification for Rubber Insulating Covers",

(vi) ASTM D 178, "Standard Specification for Rubber Insulating Matting",

(vii) ASTM F696, "Standard Specification for Leather Protectors for Rubber Insulating Gloves and Mittens", and

(viii) ASTM F711, "Standard Specification for Fiberglass-Reinforced Plastic (FRP) Rod and Tube Used in Live Line Tools".

(2) A person who is required to work on an energized electrical installation shall use the appropriate protective equipment or devices required under subsection. (1).

[N.S. Reg. 52/2000, s. 62; 53/2013, s. 49]

Section 124

124. (1) An employer shall ensure that a person who handles an energized power line or power line equipment rated at greater than 15 000 v to ground uses hot line tools to do so, in addition to other personal protective equipment required in the circumstances.

(2) A person may use rubber gloves instead of hot line tools to handle energized power lines or power line equipment rated at greater than 750 v phase to phase, where a written work procedure has been adopted as a code of practice by order of the Director for use in such circumstances.

(3) An employer who has adopted a code of practice under subsection (2) shall

(a) provide a copy of the code of practice to each person in the workplace who is required to handle energized power lines or power line equipment rated at or below 15 000 v to ground;

(b) provide training in the code of practice to each person in the workplace who is required to handle energized power lines or power line equipment or perform other activities in accordance with the code of practice; and

(c) communicate the details of the code of practice and the reasons for its implementation to all persons at the location where the work is performed,

and, to the extent that it relates to their work, all persons shall adhere strictly to the terms of the code of practice.

(4) Where an officer determines that a code of practice that is in effect pursuant to subsection (2) has not been strictly adhered to, the officer may make an order suspending the application and use of the code of practice, and the suspension shall remain in place until the Director notifies the employer that the suspension has been lifted.

[N.S. Reg. 52/2000, s. 63]

Section 125 Hazardous work

125. (1) In this Section, "switching device" means a device designed for the sole purpose of opening, closing or opening and closing one or more electrical circuits, and includes

(a) a circuit breaker capable of making, carrying and breaking currents under normal circuit conditions, and also making, carrying for a specified time, and breaking currents under specified abnormal conditions, such as those of a short circuit;

(b) a cutout assembly of a fuse support with either a fuse holder, fuse carrier or disconnecting blade; and

(c) a disconnecting or isolating device used for isolating a circuit or equipment from a source of power.

(2) An employer shall ensure that no work is performed on an energized electrical installation rated at greater than 750 v phase to phase unless the competent person performing the work is accompanied by another competent person.

(3) Subsection (2) does not apply to switching work carried out using a switching device where an adequate written procedure has been established by the employer.

(4) Where compliance with the personal protective equipment requirements and normal work procedures in effect at the workplace is inadequate to control the risk of exposure to an electrical hazard during work on an energized electrical installation due to an unusual factor in the nature of the work, such as the location or condition of the workplace, a competent person not actively engaged in the work shall be designated as a safety watcher to observe a person who is working on or near an energized electrical installation.

(5) A safety watcher required by subsection (4) shall

(a) warn all persons working on or near an energized electrical installation of any potential hazards;

(b) ensure that the requirements of this Part are complied with;

(c) be a competent person able to evaluate relevant hazards, and competent and equipped to initiate a rescue;

(d) be free of any other duties that might interfere with the duties outlined in this subsection;

(e) have the authority to stop work where the task or conditions in the workplace become hazardous; and

(f) remain in the immediate vicinity of the work.

[N.S. Reg. 52/2000, s. 64; 53/2013, s. 50]

Part 12 Confined Space Entry

Section 129 Application and interpretation

129. (1) In this Part, "confined space" means an enclosed or partially enclosed space

(a) not designed or intended for regular human occupancy;

(b) with restricted access or exit; and

(c) that is or may become hazardous to a person entering it because of its design, construction, location, atmosphere or the materials or substances in it or other conditions.

(1A) When assessing whether a space is or may become hazardous to a person entering it because of its atmosphere under clause (1)(c), a person must not take into account the protection afforded to a person through the use of personal protective equipment or ventilation.

(2) Sections 130 to 137 do not apply to

(a) a development heading in an underground mine; and

(b) a firefighter engaged in structural fire-fighting or rescue, if the firefighter has received adequate training for confined space entry and rescue.

[N.S. Reg. 52/2000, s. 66; 53/2013, s. 53]

Section 130 Assessment and written procedures

130. (1) An employer shall ensure that no person enters a confined space until the employer has fulfilled the requirements of this Section and a competent person has provided a written certificate, in accordance with Section 131.

(2) Where a workplace includes a confined space, the employer shall ensure that a person who may be required to enter the confined space has the information necessary to identify it as such.

(3) Where at least one confined space has been identified, an employer shall establish a written confined space entry procedure that includes provision

(a) that prior to the entry of a person into the confined space, an assessment of the confined space is

(i) done in accordance with subsection (8), and

(ii) recorded by the person conducting the assessment in accordance with Section 131;

(b) for the training required by a person who may enter a confined space in the course of the person's work, and for the training required by a person who may undertake rescue operations with regard to a confined space, including training on

(i) proper use of personal protective equipment,

(ii) written rescue procedures,

(iii) maintaining contact between a person in the confined space and an attendant required under clause 134(2)(a) and the means by which the written rescue procedure is initiated in the event of an emergency in the confined space,

(iv) the limitations on the type of work that can be performed in the confined space, and

(v) the means of identifying a hazard while in a confined space;

(c) for the process for notifying a person entering a confined space of the specific type of work that may be performed in the confined space;

(d) for the method to be followed by a person entering into, exiting from or occupying the confined space;

(e) for the protective equipment that is to be used by every person entering the confined space;

(f) for the written emergency procedures to be followed in the event of an accident or other emergency in or near the confined space, including

(i) immediate evacuation of the confined space when an alarm is activated or there is any significant, unexpected and potentially hazardous change in the concentration, level or percentage referred to in subsection (8),

(ii) a determination of whether more than one person is required to be present outside a confined space during the occupancy of any person, and

(iii) a written rescue procedure;

(g) for the protective equipment and emergency equipment to be used by a person who undertakes rescue operations in the event of an accident or other emergency;

(h) for a written procedure for testing the confined space in an adequate manner, at regular intervals and on a continuous basis, if necessary, to ensure the concentration or level of a hazardous substance or physical agent complies with the limits in subsection (8); and

(i) for a means of ventilating the confined space to ensure the removal or dilution of all airborne hazardous substances from the confined space.

(4) An employer shall provide to each person entering the confined space and a person who may undertake rescue operations the protective equipment and emergency equipment referred to in this Section.

(5) An employer shall ensure that

(a) a person who enters a confined space is trained at least once every 2 years in accordance with the procedures set out in clause (3)(b); and

(b) a person who undertakes rescue operations is trained at least once every year in accordance with the procedures set out in clause (3)(b).

(6) Every person who enters into, exits from or occupies the confined space shall follow the written procedures and use the protective equipment and emergency equipment as required.

(7) An employer shall review the confined space entry procedure at least once a year and amend it, if necessary.

(8) An employer shall designate a competent person who shall perform the assessment required in clause (3)(a), which shall include

(a) where the level of a chemical substance or a mixture of chemical substances may constitute a hazard, tests to ensure that the concentration of a chemical substance or a mixture of chemical substances in the confined space does not exceed its occupational exposure limit under Part 2: Occupational Health, of the Workplace Health and Safety Regulations made under the Act or 50% of its lower explosive limit;

(b) where the level of a physical agent may constitute a hazard, tests to ensure that the level of the physical agent in the confined space is not hazardous;

(c) tests to ensure that the level of oxygen in the atmosphere in the confined space is not less than 19.5 % and not more than 22.5 %, unless the employer can demonstrate that an unsafe oxygen level is not a possibility in the circumstance;

(d) a determination of whether the concentrations, levels or percentages referred to in clauses (a), (b) and (c) can be maintained during the period of proposed occupancy of the confined space;

(e) a confirmation that any liquid in which the person may drown or any free flowing solid in which a person may become entrapped has been removed from the confined space or that work practices have been established that specifically address the presence of the liquid or solid;

(f) a confirmation that entry of any liquid, free flowing solid or hazardous substance into the confined space that could endanger the health or safety of a person has been prevented by a secure means of disconnection, the fitting of blank flanges or the implementation of a double block and bleed written procedure established by the employer or similar positive actions;

(g) confirmation that a machine, equipment, tool or electrical installation that presents a hazard to a person entering into, exiting from or occupying the confined space has been locked out; and

(h) confirmation that the opening for entry into and exit from the confined space is sufficient to allow safe passage of a person who is using personal protective equipment or emergency equipment.

(9) Where there is no possibility that a hazard identified in clauses (8)(a), (b) and (c) may occur, the requirements of clause (3)(h) do not apply.

(10) The competent person referred to in subsection (8) shall, when performing the tests required under clauses (8)(a), (b) and (c), use appropriate and properly calibrated instruments that have been functionally tested and maintain a written record of the functional and calibration tests.

(11) An employer shall keep the assessment and the confined space entry procedure required under subsection (3) at the place of business of the employer nearest to the workplace at which the confined space is located.

(12) An employer shall make available a copy of the confined space entry procedure to all persons involved in the entry of a confined space.

[N.S. Reg. 52/2000, s. 67; 53/2013, s. 54]

Section 133 Response to hazardous condition

133. (1) An employer shall ensure that no person enters or remains in a confined space where the tests conducted under clause 130(8)(a) indicate that a concentration of a chemical substance or mixture of chemical substances in the confined space equals or exceeds 50% of the lower explosive limit of the chemical substance or mixture of chemical substances.

(2) Where the concentration of a chemical substance or mixture of chemical substances may cause a flammable or explosive hazard, and where the tests conducted under clause 130(8)(a) indicate that the concentration of the substance or substances in a confined space is between 10% and 50% of the lower explosive limit, an employer shall

(a) provide explosion-proof lighting and ensure that it is used where necessary; and

(b) ensure that the only work performed in the confined space is cleaning or inspecting and is of such a nature that it does not create any source of ignition.

(3) Where the level of oxygen in a confined space is more than 22.5% and a person is to work in the confined space, an employer shall ensure that the confined space does not contain any substance which would be classified as flammable and combustible material or as dangerously reactive material under the Controlled Products Regulations made under the Hazardous Products Act (Canada).

(4) Despite subsection. (1), where the tests conducted under clause 130(8)(a) indicate that the concentration of a chemical substance or mixture of chemical substances in the confined space exceeds, or is likely to exceed, 50% of the lower explosive limit, measured at atmospheric conditions containing 20.9% oxygen, of the chemical substance or mixture of chemical substances and cannot be lowered below that prescribed threshold level, a person may enter the confined space if the employer ensures that

(a) the atmosphere is confirmed inert by a competent person after the performance of appropriate tests; and

(b) the person is using appropriate protective equipment when working in the confined space.

[N.S. Reg. 52/2000, s. 68]

Section 134 Protective equipment and security measures

134. (1) An employer must ensure that all of the following is provided as close as reasonably practicable to the entrance to the confined space before a person enters the confined space:

(a) all protective equipment and emergency equipment identified under subsection 130(3); and

(b) adequate rescue equipment including a yoke and adequate means to lift an unconscious person.

(2) Where a person enters a confined space, an employer shall ensure that a competent person

(a) is in attendance in the immediate vicinity of the confined space;

(b) has a means of adequate communication with a person inside the confined space;

(c) is provided with a means of activating the rescue procedure in an emergency;

(d) is adequately trained in the emergency response procedure; and

(e) maintains a record of who is in the confined space.

(3) An employer shall

(a) where reasonably practicable, provide a person entering into and occupying a confined space with a full body harness;

(b) ensure that a full body harness provided under clause (a) is worn; and

(c) where it does not present a hazard, ensure that an attached life line is

(i) securely fastened to an anchor point, and

(ii) controlled by the competent person referred to in subsection (2).

(4) An employer shall ensure that the full body harness referred to in subsection (3) complies with the requirements for Group E harnesses in the latest version of CSA standard CSA 259.10 , "Full Body Harnesses".

[N.S. Reg. 52/2000, s. 69; 53/2013, ss. 57, 93]

Section 135 Respiratory protective equipment

135. (1) An employer shall provide

(a) appropriate respiratory protective equipment to a person who enters a confined space where the concentration of a chemical substance or a mixture of chemical substances in a confined space is hazardous to the health or safety of a person; and

(b) positive pressure respiratory protective equipment to a person who enters a confined space where the concentration of oxygen is less than 19.5 %.

(2) An employer shall ensure that the respiratory protective equipment referred to in clause (1)(b).

(a) has an air line and an independent 5-minute supply of air; or

(b) is self-contained and equipped with an audible alarm that sounds when the air supply has diminished to

(i) 20% of the capacity of the unit, or

(ii) a 5-minute reserve.

[N.S. Reg. 52/2000, s. 70]

OCCUPATIONAL HEALTH AND SAFETY ACT
S.N.S. 1996, c. 7

Section 3

3. In this Act,

(a) "aggrieved person" means an employer, constructor, contractor, employee, self-employed person, owner, supplier, provider of an occupational health or safety service, architect, engineer or union at a workplace who is directly affected by an order or decision;

(b) "analyst" means a person appointed as an analyst by the Minister pursuant to this Act;

(c) "Board" means the Labour Board established under the Labour Board Act;

(d) "committee" means a joint occupational health and safety committee established pursuant to this Act;

(e) "compliance notice" means a response, in writing, to an order of an officer, describing the extent to which the person against whom the order was made has complied with each item identified in the order;

(f) "constructor" means a person who contracts for work on a project or who undertakes work on a project himself or herself;

(g) "contractor" means a person who contracts for work to be performed at the premises of the person contracting to have the work performed, but does not include a dependent contractor or a constructor;

(h) "contracts for work" includes contracting to perform work and contracting to have work performed;

(i) "Council" means the Occupational Health and Safety Advisory Council established pursuant to this Act;

(j) "dependent contractor" means a person, whether or not employed under a contract of employment and whether or not furnishing the person's own tools, vehicles, equipment, machinery, material or any other thing, who performs work or services for another on such terms and conditions that the person is

(i) in a position of economic dependence upon the other,

(ii) under an obligation to perform duties mainly for the other, and

(iii) in a relationship with the other more closely resembling that of an employee than an independent contractor;

(k) "Deputy Minister of Labour and Advanced Education" includes a person designated by the Deputy Minister of Labour and Advanced Education to act in the stead of the Deputy Minister;

(l) "Director" means the Executive Director of Occupational Health and Safety or any person designated by the Executive Director pursuant to this Act to act on behalf of the Executive Director;

(m) "Director of Labour Standards" means the Director of Labour Standards under the Labour Standards Code;

(n) "Division" means the Occupational Health and Safety Division of the Department of Labour and Advanced Education;

(o) "employee" means a person who is employed to do work and includes a dependent contractor;

(p) "employer" means a person who employs one or more employees or contracts for the services of one or more employees, and includes a constructor, contractor or subcontractor;

(q) "former Act" means Chapter 320 of the Revised Statutes, 1989, the Occupational Health and Safety Act;

(r) Repealed. [S.N.S. 2010, c. 37, s. 117]

(s) "Minister" means the Minister of Labour and Advanced Education;

(t) "occupation" means any employment, business, calling or pursuit;

(u) "officer" means an occupational health and safety officer appointed pursuant to this Act and includes the Director;

(v) "owner" includes a trustee, receiver, mortgagee in possession, tenant, lessee or occupier of lands or premises used as a workplace and a person who acts for, or on behalf of, an owner as an agent or delegate;

(w) "police officer" means

(i) a member of the Royal Canadian Mounted Police, or

(ii) a member or chief officer of a police force appointed pursuant to the Police Act;

(x) "policy" means an occupational health and safety policy made pursuant to this Act;

(y) "practicable" means possible, given current knowledge, technology and invention;

(z) "program" means an occupational health and safety program required pursuant to this Act, unless the context otherwise requires;

(aa) "project" means a construction project, and includes

(i) the construction, erection, excavation, renovation, repair, alteration or demolition of any structure, building, tunnel or work and the preparatory work of land clearing or earth moving, and

(ii) work of any nature or kind designated by the Director as a project;

(ab) "reasonably practicable" means practicable unless the person on whom a duty is placed can show that there is a gross disproportion between the benefit of the duty and the cost, in time, trouble and money, of the measures to secure the duty;

(ac) "regularly employed" includes seasonal employment with a predictably recurring period of employment that exceeds four weeks, unless otherwise established by regulation or ordered by an officer;

(aca) "repeatedly" means occurring more than once within the preceding three year period;

(ad) "representative" means a health and safety representative selected pursuant to this Act;

(ae) "self-employed person" means a person who is engaged in an occupation on that person's own behalf and includes a person or persons operating a sole proprietorship but does not include a dependent contractor;

(aea) "serious injury" means an injury that endangers life or causes permanent injury;

(af) "supplier" means a person who manufactures, supplies, sells, leases, distributes or installs any tool, equipment, machine or device or any biological, chemical or physical agent to be used at or near a workplace;

(ag) "union" includes a trade union as defined in the Trade Union Act that has the status of bargaining agent under that Act in respect of any bargaining unit at a workplace, and includes an organization representing employees where the organization has exclusive bargaining rights under any other Act in respect of the employees;

(ah) "workplace" means any place where an employee or a self-employed person is or is likely to be engaged in any occupation and includes any vehicle or mobile equipment used or likely to be used by an employee or a self-employed person in an occupation.

[S.N.S. 2000, c. 28, s. 86; 2010, c. 66, s. 2; 2010, c. 37, s. 117; 2011, c. 24, s. 2; 2016, c. 14, s. 1]

Section 13 DUTIES AND PRECAUTIONS

13. (1) Every employer shall take every precaution that is reasonable in the circumstances to

(a) ensure the health and safety of persons at or near the workplace;

(b) provide and maintain equipment, machines, materials or things that are properly equipped with safety devices;

(c) provide such information, instruction, training, supervision and facilities as are necessary to the health or safety of the employees;

(d) ensure that the employees, and particularly the supervisors and foremen, are made familiar with any health or safety hazards that may be met by them at the workplace;

(e) ensure that the employees are made familiar with the proper use of all devices, equipment and clothing required for their protection; and

(f) conduct the employer's undertaking so that employees are not exposed to health or safety hazards as a result of the undertaking.

(2) Every employer shall

(a) consult and co-operate with the joint occupational health and safety committee, where such a committee has been established at the workplace, or the health and safety representative, where one has been selected at the workplace;

(b) co-operate with any person performing a duty imposed or exercising a power conferred by this Act or the regulations;

(c) provide such additional training of committee members or the representative as may be prescribed by the regulations;

(d) comply with this Act and the regulations and ensure that employees 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 pursuant to this Act or the regulations, establish the policy or program.

(3) The employer at a subsea coal mine shall provide such additional resources or information for the committee as may be prescribed by the regulations.

[N.S. 2007, c. 14, s. 7; 2010, c. 66, s. 5]

Section 17

17. (1) Every employee, while at work, shall

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

(b) co-operate with the employer and with the employee's fellow employees to protect the employee's own health and safety and that of other persons at or near the workplace;

(c) take every reasonable precaution in the circumstances to ensure that protective devices, equipment or clothing required by the employer, this Act or the regulations are used or worn;

(d) consult and co-operate with the joint occupational health and safety committee, where such a committee has been established at the workplace, or the health and safety representative, where one has been selected at the workplace;

(e) co-operate 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.

(2) Where an employee believes that any condition, device, equipment, machine, material or thing or any aspect of the workplace is or may be dangerous to the employee's health or safety or that of any other person at the workplace, the employee shall

(a) immediately report it to a supervisor;

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

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