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

Part 5 Handling and Storage of Material

Section 47 Portable compressed gas cylinders

47. (1) In this Section and in Sections 48 and 49, "portable compressed gas cylinder" means a cylinder having a water capacity of 450 kg or less that contains or is intended to contain a compressed or liquefied gas.

(2) Subject to the Fire Safety Act , an employer shall ensure that a portable compressed gas cylinder is stored

(a) in a well-ventilated storage area where the temperature does not exceed 52°C;

(b) with cylinders grouped by types of gas and the groups arranged to take into account the gases contained;

(c) with full and empty cylinders separated;

(d) at a safe distance from all operations that produce flames, sparks or molten metal or result in excessive heating of the cylinder;

(e) securely; and

(f) with protective devices in place.

(3) Subject to the Fire Prevention Act, an employer shall ensure that a portable compressed gas cylinder is

(a) not exposed to corrosive materials or corrosion-aiding substances; and

(b) protected from falling and from having objects fall on it.

(4) An employer shall prominently post in a storage area for portable compressed gas cylinders the names of the gases stored and signs prohibiting smoking.

[N.S. Reg. 53/2013, s. 25]

Part 7 Hoists and Mobile Equipment

Section 73

73. (1) In this Section and Section 74, "rated load" means the maximum load that a hoist is designed to lift or the revised maximum load that a hoist can lift in accordance with subsection (9) or (10).

(2) Subject to subsections (3), (9) and (10), an employer shall obtain a statement of the rated load of a hoist from the manufacturer of the hoist.

(3) Where the statement referred to in subsection (2) cannot be obtained, an employer shall obtain a statement of the rated load of the hoist from an engineer.

(4) In addition to any inspection under Section 72, an employer shall ensure that

(a) a competent person inspects a hoist at least once a year;

(b) where the hoist is a mobile or overhead crane with a capacity of greater than 5 t, a certificate from an engineer is obtained on an annual basis with respect to the mobile or overhead crane; or

(c) where the hoist is a tower crane, a certificate from an engineer is obtained with respect to the tower crane

(i) prior to the tower crane being put into service and each time it is erected, and

(ii) once during each year of operation.

(5) An inspection or a certification required under subsection (4) shall confirm that a hoist has a rated load identified and that no component will fail within its rated load.

(6) The competent person inspecting a hoist under clause (4)(a) and an engineer certifying a mobile or overhead crane under clause (4)(b) or a tower crane under clause (4)(c) shall perform the appropriate tests to ensure that the hoist is capable of lifting its rated load, including, where appropriate, a running test, load test, deflection test and brake test.

(7) An employer shall post a legible statement of the rated load referred to in subsection (2) or (3) on a hoist so that the operator of the hoist is able to see it when operating the hoist.

(8) The employer shall ensure that an operator of a hoist has sufficient information to determine the load that the hoist is capable of hoisting safely under any operating condition.

(9) Where part of a hoist is modified, extended, altered or repaired so as to potentially affect the rated load of the hoist, an employer shall obtain a revised statement of the rated load of the hoist from the manufacturer, if the manufacturer performed the work, otherwise from an engineer, and post it on the hoist in the manner described in subsection (7).

(10) Where an employer believes that a reduction in the rated load is warranted or has been informed by the manufacturer of the hoist or an engineer that a reduction in the rated load is warranted, the employer shall

(a) obtain a revised statement of the rated load of the hoist from the manufacturer or an engineer;

(b) reduce the rated load of the hoist to a revised level certified as adequate by the manufacturer or an engineer; and

(c) remove the statement of rated load from the hoist and post the revised statement of rated load on the hoist in the manner described in subsection (7).

(11) Where the employer has obtained a revised statement of the rated load of a hoist pursuant to subsections (9) or (10), the employer shall provide sufficient information to the operator of the hoist to enable the operator to determine the load that the hoist is capable of hoisting safely under any operating condition.

[N.S. Reg. 52/2000, ss. 40, 41]

Part 8 Mechanical Safety

Section 97 Abrasive wheels and grinders

97. (1) An employer shall legibly post on an abrasive wheel and a grinder the maximum number of revolutions per minute of the wheel and the grinder.

(2) No person shall operate a grinder with an abrasive wheel unless the grinder is rated to provide a number of revolutions per minute equal to or less than the rating of the abrasive wheel.

(3) An employer shall ensure that, before the installation of an abrasive wheel, the abrasive wheel is inspected by a competent person for flaws, defects or cracks.

[N.S. Reg. 52/2000, s. 51; 53/2013, s. 93]

Part 11 Electrical Safety

Section 128 Electrical rooms

128. (1) Where a workplace has an electrical room, an employer shall ensure that

(a) the room is kept clean and orderly;

(b) the room is not used for storage of unrelated materials; and

(c) where the components are rated at more than 750 v phase to phase, a sign is posted on the outside of the room that legibly states "Danger - High Voltage".

(2) Despite clause. (1)(c), where an electrical room is in a manhole controlled and maintained by an authority, no sign is required.

Part 12 Confined Space Entry

Section 131 Certification of confined space conditions

131. (1) Subsequent to performing the tests required in clauses 130(8)(a), (b) and (c), a competent person shall certify, in writing, that the conditions tested in the confined space are likely to be maintained within a predicted and recorded range for the entire time the certification is valid, and the certification shall include

(a) the signature of the competent person;

(b) the date and time of when the tests were performed;

(c) the type of work that

(i) can be performed in the confined space, and

(ii) is explicitly banned in the confined space;

(d) the means by which the work is to be performed;

(e) the expiry date and time of the certification; and

(f) a record of the tests performed and of the test results.

(2) No certification issued under subsection. (1) shall be valid for longer than 24 hours after the time the tests required by clauses 130(8)(a), (b) and (c) were performed.

(3) An employer shall post a copy of the currently valid certification required in subsection. (1) at the entrance to the confined space for the duration of the confined space occupancy.

(4) An employer shall maintain a copy of the certification required in subsection. (1) for 12 months.

[N.S. Reg. 53/2013, ss. 55, 93]

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 37

37. The employer shall

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

(b) post promptly, where there is a committee, the minutes of the most recent committee meeting and ensure they remain posted until superseded by minutes of the next committee meeting.

Section 38

38. (1) Every employer shall

(a) make available for examination at the workplace

(i) a copy of the regulations that relate to the workplace, and

(ii) information and reports that an officer considers advisable to enable employees to become acquainted with their rights and responsibilities pursuant to this Act and the regulations;

and

(b) post in a prominent place or places in the workplace capable of being easily accessed by the employees

(i) a current copy of this Act,

(ii) a code of practice required pursuant to this Act or the regulations,

(iii) a current telephone number for reporting occupational health or safety concerns to the Division, and

(iv) where the employer is required pursuant to this Act or the regulations to have an occupational health and safety policy, the policy,

and ensure they remain posted.

(2) Where anything other than the information listed in subsection (1) is required to be posted pursuant to this Act or the regulations, the person who has the duty to post shall

(a) post a legible copy of it in a prominent place or places in the workplace capable of being easily accessed by the employees; and

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

or in lieu of complying with clauses (a) and (b), shall provide the information to each employee, in writing.

Section 39

39. (1) Where

(a) an officer makes an order pursuant to this Act or the regulations against an employer;

(b) a compliance notice is required of an employer pursuant to subsection 56(1); or

(c) an appeal is initiated or disposed of pursuant to Section 69,

the employer shall, subject to subsections (2) and (3), immediately

(d) post the order, compliance notice, notice of appeal or decision; and

(e) deliver a copy of the order, compliance notice, notice of appeal or decision to the committee or representative, if any.

(2) An officer may authorize in writing an officer's order to be edited to protect a trade secret, secret manufacturing process or confidential personal information, the disclosure of which is limited pursuant to this Act.

(3) Where an order is edited pursuant to subsection (2), the authorization of the officer shall be affixed to the order and it shall be posted in accordance with this Act in substitution for the unedited order.

[S.N.S. 2013, c. 41, s. 2]

Section 59

59. (1) Subject to Section 61, unless the employer has received from the Director specific written direction to the contrary and the direction has not been revoked by the Director, the employer shall prepare a list of all chemical substances regularly used, handled, produced or otherwise present at the workplace that may be a hazard to the health or safety of the employees or that are suspected by the employees of being such a hazard, and the list shall identify all chemical substances by their common or generic names where they are known to the employer.

(2) The list referred to in subsection (1) shall include the trade name and the address of the supplier and manufacturer of any chemical substance, the chemical composition or common or generic name of which is unknown to the employer.

(3) The employer shall advise the committee at the workplace or the representative, if any, of the list referred to in this Section and any amendments to the list and, where there is no committee or representative, the employer shall advise the employees, the union, if any, a self-employed person and an officer upon request by any of them.

Section 69

(1) Subject to the regulations and subsection (2), an aggrieved person may appeal

(a) an order made by an officer pursuant to this Act or the regulations;

(b) the decision of an officer not to issue an order;

(c) the decision of an officer to advise an employee to return to work or the decision to provide no advice, pursuant to clause 43(1)(c);

(d) an order made by the Director pursuant to this Act or the regulations;

(e) any decision for which a right of appeal is provided in the regulations.

(2) Where an order or decision of an officer is appealed to the Board and the Director subsequently alters the decision in accordance with subsection 67(2), the appeal of the order or decision of the officer is terminated.

(2A) Subject to the regulations, an appeal pursuant to subsection (1) is initiated by filing a notice of appeal with the Board within thirty days after the order or decision is served on the recipient.

(3) Subject to the regulations, a notice of appeal filed pursuant to subsection (2) shall

(a) identify and state the order or decision appealed from;

(b) set out the grounds of the appeal and the relief requested, including any request for the suspension of all or a portion of the order or decision appealed from; and

(c) include any other information required pursuant to the regulations.

(4) Subject to the regulations, where the aggrieved person who appeals pursuant to subsection (1) has sufficient authority in the workplace to ensure that the notice of appeal is posted, the aggrieved person shall post a copy of the notice and, where the aggrieved person does not have such authority, the aggrieved person shall serve a copy of the notice on the employer and the employer shall communicate it in accordance with subsection 39(1).

(5) Subject to the regulations, on receipt of a notice of appeal,

(a) the Board shall forthwith provide a copy of the notice of appeal to the Director; and

(b) the Board shall hold a hearing, either orally or by way of written submissions, that provides any aggrieved persons who have so requested the opportunity to present evidence and make representations, in accordance with the regulations.

(6) Subject to the regulations, the Board may, by order, confirm, vary, revoke or suspend the order or decision appealed from or make any order that an officer is empowered to make pursuant to this Act.

(7) Subject to subsection (8) and the regulations, an appeal of an order or decision pursuant to subsection (1) does not suspend the operation of the order or decision.

(8) Subsection (7) does not apply to an appeal of an order of an officer or the Director regarding a provision referred to in subsection 46(1).

(9) Notwithstanding subsection (7)but subject to the regulations, the Board may order the suspension of the operation of an order or decision until the appeal is disposed of.

(10) Subject to the regulations, the Board shall provide a copy of its decision to

(a) the employer;

(b) the aggrieved person who appealed;

(c) any other aggrieved person who has made representations in relation to the matter appealed; and

(d) the Director,

and the employer shall communicate the decision in accordance with subsection 39(1).

[S.N.S. 2007, c. 14, s. 7; 2009, c. 24, s. 5; 2010, c. 66, s. 15; 2010, c. 37, s. 121; 2011, c. 24, s. 5; 2013, c. 14, s. 7]

Section 83

83. (1) Where an application is made in writing to the Director for authorization to deviate at a workplace or workplaces from a provision of the regulations, unless the standard to be used by the Director in considering an application is altered by regulation, the Director may authorize the deviation where the Director is satisfied that the deviation affords protection for the health and safety of employees equal to or greater than the protection prescribed by the regulations from which the deviation is requested.

(2) The Director may attach such terms and conditions to an authorization of a deviation pursuant to subsection (1) as the Director considers advisable.

(3) Subsections (4) to (13) apply to an application for a deviation made pursuant to subsection (1) unless

(a) the processes required pursuant to those subsections are altered by regulation; or

(b) a notice period is reduced or eliminated pursuant to subsection (15).

(4) Where the workplace location or locations exist for which a deviation pursuant to subsection (1) is requested, unless

(a) the committee or representative at a workplace, if any; or

(b) where there is no committee or representative, all the employees at the workplace,

agree otherwise, upon applying for a deviation, the applicant for the deviation shall post a copy of the application, ensure it remains posted for at least twenty-eight days and furnish a copy to the committee or representative, if any, at the workplace.

(5) Where the workplace location or locations for which a deviation pursuant to subsection (1) is requested are not yet in existence, the applicant shall, upon applying for a deviation, publish, at the applicant's cost, a notice of the application for a deviation

(a) that contains information regarding the deviation being requested; and

(b) where it would reasonably be expected to come to the attention of persons interested in health and safety who might be affected by the decision regarding the deviation.

(6) After receiving an application for a deviation pursuant to subsection (1), the Director may conduct such consultation or give such notice of the application as the Director considers advisable.

(7) The applicant for a deviation pursuant to subsection (1) shall submit with the application, at the applicant's cost,

(a) the technical information required to enable the Director to determine the application;

(b) information with respect to the benefits and drawbacks to health and safety that might reasonably be anticipated if the deviation is authorized; and

(c) any fee prescribed by the regulations.

(8) The applicant for a deviation pursuant to subsection (1) for an existing workplace location or locations shall ensure that the information required pursuant to clauses (7)(a) and (b) is made available for examination at the applicant's workplace by the committee or representative, if any, and by the employees.

(9) The Director may make available the information required pursuant to clauses (7)(a) and (b) to any person for examination on request.

(10) A decision by the Director pursuant to subsection (1) shall

(a) not be made less then twenty-eight days following the date of the application; and

(b) be accompanied by written reasons for the decision that shall include

(i) the information considered in arriving at the decision and the rationale for the decision;

(ii) the specifics of a deviation that is authorized, including the location of the workplace or workplaces where the deviation applies; and

(iii) the details of any terms or conditions attached to the authorization of a deviation.

(11) The applicant for a deviation pursuant to subsection (1) shall ensure that

(a) a copy of the Director's decision is

(i) posted for at least seven days, or longer if additional time is necessary to enable employees at the workplace to inform themselves of the content, and

(ii) furnished to the committee or representative, if any, at the workplace; and

(b) where a deviation is authorized, a copy of the Director's decision is posted and maintained throughout the time the deviation is in effect.

(12) The Director shall provide a copy of the decision referred to in subsection (10) to anyone from whom the Director has received a written response to the application for a deviation pursuant to subsection (1).

(13) In applying a regulation for which a deviation pursuant to subsection (1) is authorized, a deviation and any terms and conditions authorized pursuant to this Section shall, while the deviation is in effect, be substituted for the prescription or requirement in the regulations.

(14) The Director may, at the initiative of the Director or upon application, reconsider, confirm, vary, revoke or suspend the Director's decision regarding a deviation at any time when information is produced that, had it been known when the request for the deviation was determined previously, would reasonably be expected to have resulted in a different decision from the one made at that time, and subsections (1) to (13) apply with the necessary modifications.

(15) Notwithstanding the periods of notice required pursuant to this Section, where information that was not available at the time a decision was made by the Director regarding a deviation pursuant to this Section is produced that indicates that imminent danger might result as a result of the deviation, the Director may reduce or eliminate a period of notice required pursuant to this Section.

Blasting Safety Regulations
N.S. Reg. 89/2008

Section 13 Blast logs

13. (1) A blaster with direction and control of a blasting operation must make a blast log for the blast.

(2) An employer must ensure that a blaster makes a blast log.

(3) A blaster must give a copy of a completed blast log to their employer as soon as reasonably possible and, if reasonably practicable, before the end of the day on which the inspection conducted after the blast is concluded as required by Section 84.

(4) An employer must keep the copy of a blast log received from a blaster for at least 3 years after the date of the blast.

(5) A blast log must include all of the following information:

(a) the date and time of the blast;

(b) the location of the blast;

(c) the name, address and telephone number of the employer;

(d) the name, blaster certificate number and signature of the blaster who had direction and control of the blasting operation;

(e) the distance from the nearest house, residence, shop, church, school or other structure occupied in whole or in part by people;

(f) the distance from the nearest structure other than one referred to in clause (e);

(g) how the blast was initiated;

(h) the following drilling and loading characteristics for each hole or for each group of holes sharing the same characteristics:

(i) hole identifier number,

(ii) hole diameter,

(iii) hole depth,

(iv) burden,

(v) spacing,

(vi) quantity of explosives planned to be loaded in each hole, recorded in kilograms,

(vii) total quantity of explosives planned to be used for the blasting operation, recorded in kilograms,

(viii) type and length of stemming,

(ix) type and brand of explosive,

(x) type of detonator;

(i) a sketch of the loading pattern for the blast;

(j) the total quantity of explosives actually loaded into each hole, recorded in kilograms;

(k) the maximum quantity of explosives per delay, recorded in kilograms;

(l) the specifics of the delay pattern;

(m) the number of detonators used in the blast;

(n) the period numbers of the detonators used in the blast;

(o) the resistance in the electric blasting circuit as tested under subsection 78(2), recorded in ohms;

(p) the type of warning signal used;

(q) whether blasting mats were used;

(r) whether warning signs were posted on all public roads near the blasting area, leading to the blasting area and leading from the blasting area;

(s) whether all roads and approaches were guarded or barricaded;

(t) the results of the inspection of the blasting area conducted after the blast as required by Section 84;

(u) whether a misfire occurred;

(v) whether there was any injury to persons or damage to property resulting from the blast.

Section 14 Warning signs on public roads

14. (1) This Section does not apply to a temporary workplace as defined in Part 24: Temporary Workplaces on Highways of the Workplace Health and Safety Regulations made under the Act.

(2) During an electric blasting operation, the employer and the blaster with direction and control of the blasting operation must ensure that warning signs bearing the words "Blasting Operations, Turn Off Radio Transmitter" are posted on all public roads near or leading to the blasting area so as to be visible to persons approaching the blasting area.

(3) During a non-electric blasting operation, the employer and the blaster with direction and control of the blasting operation must ensure that warning signs bearing the words "Blasting Operation" are posted on all public roads near or leading to the blasting area so as to be visible to persons approaching the blasting area.

(4) A warning sign required by subsection (2) or (3) must be located at the following distance before the beginning of a blasting area:

(a) if the speed limit on the road is 50 km/h or lower, 100 m before the beginning of the blasting area;

(b) if the speed limit on the road is higher than 50 km/h, 300 m before the beginning of the blasting area.

(5) An employer and a blaster with direction and control of a blasting operation must ensure that signs bearing the words "End of Blasting" are posted on all public roads near or leading from a blasting area so as to be visible to persons leaving the blasting area.

(6) A sign required by subsection (5) must be located at the following distance after the end of a blasting area:

(a) if the speed limit on the road is 50 km/h or lower, 100 m after the end of the blasting area;

(b) if the speed limit on the road is higher than 50 km/h, 300 m after the end of the blasting area.

(7) A sign required by this Section must have letters that are at least 15 cm in height on a contrasting background, and must have total dimensions of at least 90 cm in width and at least 120 cm in height.

(8) An employer and a blaster must ensure that signs required by this Section are removed or covered when the blasting operation ends.

[N.S. Reg. 54/2013]

Section 67 Warning signals

67. (1) A blaster must ensure that no charge is fired until sufficient audible and visual warning signals are given to all persons in or near an area where the blast may create a hazard.

(2) At a surface mine or quarry, an employer must ensure that a warning procedure and a warning signal code are posted in a prominent place in the workplace capable of being easily accessed by the employees.