Vol. 134, No. 21 — October 11, 2000

Registration
SOR/2000-374 28 September, 2000

CANADA LABOUR CODE

Regulations Amending the Canada Occupational Safety and Health Regulations

P.C. 2000-1519 28 September, 2000

Her Excellency the Governor General in Council, on the recommendation of the Minister of Labour, pursuant to sections 125(see footnote a) and 126(see footnote b) and subsections 157(1)(see footnote c) and (1.1)(see footnote d) of the Canada Labour Code, hereby makes the annexed Regulations Amending the Canada Occupational Safety and Health Regulations.

REGULATIONS AMENDING THE CANADA OCCUPATIONAL SAFETY AND HEALTH REGULATIONS

AMENDMENTS

1. The definitions "National Building Code" and "National Fire Code"(see footnote 1) in section 1.2 of the Canada Occupational Safety and Health Regulations(see footnote 2) are replaced by the following:

"National Building Code" means the National Building Code of Canada 1995, issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, dated 1995, as amended from time to time; (Code canadien du bâtiment)

"National Fire Code" means the National Fire Code of Canada 1995, issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, dated 1995, as amended from time to time; (Code national de prévention des incendies du Canada)

2. Part II(see footnote 3) of the Regulations is replaced by the following:

PART II

PERMANENT STRUCTURES

Interpretation

2.1 The definitions in this section apply in this Part.

"ASHRAE" means the American Society of Heating, Refrigerating and Air-Conditioning Engineers. (ASHRAE)

"building" means a structure that is used or intended for supporting or sheltering any use or occupancy, and includes a grain-handling facility, a tower, an antenna and an antenna-supporting structure. (bâtiment)

"floor hole" means an opening in a floor or platform that measures less than 300 mm but more than 50 mm in its smallest dimension. (trou dans le plancher)

"floor opening" means an opening in a floor, platform, pavement or yard that measures 300 mm or more in its smallest dimension. (ouverture dans le plancher)

"grain-handling facility" means a structure that is constructed, installed or established to handle, store or process grain or grain products, and includes an elevator as defined in section 2 of the Canada Grain Act. (installation de manutention des grains)

"HVAC system" means a heating, ventilating and air conditioning system that is installed in a building, and includes all of its equipment and components. (système CVCA)

"wall opening" means an opening in a wall or partition that measures at least 750 mm in height and 300 mm in width. (ouverture dans un mur)

DIVISION I

BUILDINGS

Standards

2.2 (1) The design and construction of every building, the construction of which begins on or after the day of the coming into force of this subsection, shall meet the requirements of the National Building Code.

(2) Every building, the construction of which begins before the day of the coming into force of this subsection, shall, to the extent reasonably practicable, meet the requirements of the National Building Code.

(3) The renovation of any building or part of a building shall, to the extent reasonably practicable, meet the requirements of the National Building Code.

(4) Where it is not reasonably practicable for an employer to comply with the requirements of subsection (3), the employer shall, before the proposed renovations start, notify the safety and health committee, or safety and health representative.

Doors

2.3 (1) Every double-action swinging door that is located in an exit, entrance or passageway used for two-way pedestrian traffic or traffic involving wheelchairs or other similar devices shall be designed and fitted in a manner that will allow persons who are approaching from one side of the door to be aware of persons who are on the other side of it.

(2) The area of every passageway into which a door or gate extends when open, other than the door of a closet or other small unoccupied storage room, shall be marked, in consultation with the safety and health committee or safety and health representative in a manner that clearly indicates the area of hazard created by the opening of the door or gate.

(3) Where a door or gate that is to remain open extends into a passageway for a distance that will reduce the effective width of the passageway to a width less than that required by the National Building Code,

(a) an attendant shall be posted near the open door or gate; or

(b) a highly visible barricade shall be placed across the passageway before the door or gate is opened to prevent persons from using the passageway while the door or gate is open.

Clearances

2.4 A window awning or canopy or any part of a building that projects over an exterior passageway shall be installed or constructed in a manner that allows a clearance of not less than 2.2 m between the passageway surface and the lowest projection of the awning or canopy or projecting part of the building.

Floor and Wall Openings

2.5 (1) Where an employee has access to a wall opening from which there is a drop of more than 1.2 m or to a floor opening, highly visible guardrails shall be fitted around the wall opening or floor opening or it shall be covered with material capable of supporting all loads that may be brought to bear on it.

(2) The material shall be securely fastened to and supported by structural members.

(3) Subsection (1) does not apply to vehicle maintenance pits or to the loading and unloading areas of truck, railroad or marine docks the edges of which are marked in a highly visible manner.

(4) Where a pit is used for the maintenance of vehicles, including railway rolling stock, the hazard it represents shall be clearly identified and its perimeter shall be delineated by highly visible markings.

Open-top Bins, Hoppers, Vats and Pits

2.6 (1) Where an employee has access to an open-top bin, hopper, vat, pit or other open-top enclosure from a point directly above the enclosure, the enclosure shall be

(a) covered with a grating, screen or other covering that will prevent the employee from falling into the enclosure; or

(b) provided with a walkway that is not less than 500 mm wide and is fitted with highly visible guardrails.

(2) The grating, screen, covering or walkway shall be designed, constructed and maintained so that it will support a load that is not less than the greater of

(a) the maximum load that may be brought to bear on it, and

(b) a live load of 6 kPa.

(3) Where an employee is working above an open-top bin, hopper, vat, pit or other open-top enclosure that is not covered with a grating, screen or other covering, the inside wall of the enclosure shall be fitted with a fixed ladder, except where the operations carried on in the enclosure make such a fitting impracticable.

(4) Every enclosure referred to in subsection (1) whose walls extend less than 1.1 m above an adjacent floor or platform used by employees shall be

(a) covered with a grating, screen or other covering;

(b) fitted with a highly visible guardrail; or

(c) guarded by a person in order to prevent employees from falling into the enclosure.

Ladders, Stairways and Ramps

2.7 Where an employee is required to move from one level to another that is more than 450 mm higher or lower than the first level, the employer shall install a fixed ladder, stairway or ramp between the levels.

2.8 Where one end of a stairway is so close to a traffic route used by vehicles, to a machine or to any other hazard as to be hazardous to the safety of an employee using the stairway, the employer shall, at that end of the stairway,

(a) post a sign to warn employees of the hazard; and

(b) where practicable, install a highly visible barricade that will protect employees using the stairway from the hazard.

2.9 (1) A fixed ladder installed after the day of the coming into force of this section shall be designed, constructed and installed in accordance with the requirements of ANSI Standard A14.3-1984 entitled American National Standard for Ladders — Fixed — Safety Requirements, as amended from time to time, other than section 7 of that Standard.

(2) A fixed ladder that is installed before the day of the coming into force of this section shall, where reasonably practicable, meet the requirements referred to in subsection (1).

(3) No employee shall carry tools or materials while climbing a fixed ladder unless the tools or materials are carried in a safe manner.

(4) A fixed ladder shall be highly visible or its presence otherwise brought to the attention of any employee in the area.

2.10 (1) Every grain-handling facility that has a manlift or ladder that provides access to a floor or roof over a grain bin or silo shall, in addition to its primary exit, have a secondary exit from the floor or roof that consists of an exterior fixed ladder constructed in accordance with the requirements referred to in subsection 2.9(1).

(2) A fixed ladder that is installed in a grain-handling facility before the day of the coming into force of this section shall, where reasonably practicable, meet the requirements referred to in subsection 2.9(1).

(3) A fixed ladder that is installed adjacent to a manlift and that is intended for emergency exit from the manlift shall meet the requirements of section 5.1.9 of CSA Standard B 311-M1979, entitled Safety Code for Manlifts, the English version of which is dated October 1979 and the French version of which is dated July 1984.

Docks, Ramps and Dock Plates

2.11 (1) Every loading and unloading dock and ramp shall be

(a) of sufficient strength to support the maximum load that may be brought to bear on it;

(b) free of surface irregularities that may interfere with the safe operation of mobile equipment; and

(c) fitted around its sides that are not used for loading or unloading with side rails, curbs or rolled edges of sufficient height and strength to prevent mobile equipment from running over the edge.

(2) Cross-traffic on dock levellers shall be limited to the portion of the dock leveller where there is no danger of tipping the materials handling equipment.

(3) Every portable ramp and every dock plate shall be

(a) clearly marked or tagged to indicate the maximum safe load that it is capable of supporting; and

(b) installed so that it cannot slide, move or otherwise be displaced under the load that may be brought to bear on it.

Guardrails

2.12 (1) Every guardrail shall be highly visible and consist of

(a) a horizontal top rail not less than 900 mm but not more than 1 100 mm above the base of the guardrail;

(b) a horizontal intermediate rail spaced midway between the top rail and the base; and

(c) supporting posts spaced not more than 3 m apart at their centres.

(2) Every guardrail shall be designed to withstand a static load of 890 N applied in any direction at any point on the top rail.

Toe Boards

2.13 Where there is a hazard that tools or other objects may fall onto a person from a platform or other raised area, or through a floor opening or floor hole,

(a) a toe board that extends from the floor of the platform or other raised area to a height of not less than 125 mm shall be installed; or

(b) if the tools or other objects are piled to such a height that a toe board would not prevent the tools or other objects from falling, a solid or mesh panel shall be installed from the floor to a height of not less than 450 mm.

Housekeeping and Maintenance

2.14 (1) Every exterior stairway, walkway, ramp and passageway that may be used by employees shall be kept free of accumulations of ice and snow or other slipping or tripping hazards.

(2) All dust, dirt, waste and scrap material in every work place in a building shall be removed as often as is necessary to protect the safety and health of employees and shall be disposed of in such a manner that the safety and health of employees is not endangered.

(3) Every travelled surface in a work place shall be

(a) slip resistant; and

(b) kept free of splinters, holes, loose boards and tiles and similar defects.

2.15 Where a floor in a work place is normally wet and employees in the work place do not use non-slip waterproof footwear, the floor shall be covered with a dry false floor or platform or treated with a non-slip material or substance.

2.16 (1) The cleaning of a window on any level above the ground floor level of a building the construction of which begins on or after the day of the coming into force of this subsection shall be done in accordance with the requirements of CSA Standard CAN/CSA-Z91-M90, entitled Safety Code for Window Cleaning Operations, as amended from time to time.

(2) To the extent reasonably practicable, the cleaning of a window on any level above the ground floor level of a building the construction of which began before the day of the coming into force of this subsection shall be done in accordance with the requirements referred to in subsection (1).

(3) Subsections (4) to (8) apply to buildings whose owners are employers as defined in subsection 122(1) of the Act.

(4) The employer shall, in respect of buildings the construction of which begins on or after the day of the coming into force of this subsection, ensure that a qualified person inspects the anchor points and permanently installed suspended platforms used for window cleaning and that they meet the requirements referred to in subsection (1).

(5) The employer shall, in respect of buildings the construction of which began before the day of the coming into force of this subsection, ensure that a qualified person inspects the anchor points and permanently installed suspended platforms used for window cleaning and that they meet the requirements of CSA Standard Z91-M1980, entitled Safety Code for Window Cleaning Operations, the English version of which is dated May 1980 and the French version of which is dated November 1983.

(6) The inspection of anchor points and permanently installed suspended platforms shall be done

(a) before they are used for the first time;

(b) as often as necessary, but at least as often as recommended by their manufacturer;

(c) whenever they are reported as being defective; and

(d) in every case, at least once a year.

(7) Immediately on completion of an inspection, the qualified person shall, in a written, signed and dated report, inform the employer of any defects or hazardous conditions detected in the anchor points or permanently installed suspended platforms.

(8) The employer shall

(a) ensure that any reported defect in the anchor points or permanently installed suspended platforms is repaired before they are used;

(b) ensure that any maintenance and repairs are performed in accordance with the manufacturer's recommendations;

(c) keep, for a period of two years, a record of any inspection and maintenance, including the date the inspection or maintenance was carried out and the name of the person who did it; and

(d) keep, for as long as the anchor points and permanently installed suspended platforms are used, a record of the modifications or repairs made to them, including the day the work was done and the name of the person who did it.

Temporary Heating

2.17 (1) Subject to subsection (2), where a high-capacity portable open-flame heating device is used in an enclosed work place, the heating device shall

(a) be located, protected and used so that there is no hazard of igniting tarpaulins, wood or other combustible materials near the heating device;

(b) be used only when there is ventilation provided;

(c) be located so as to be protected from accidental contact, damage or overturning; and

(d) not restrict a means of exit.

(2) Where the heating device does not provide complete combustion of the fuel used in connection with it, it shall be equipped with an exhaust system that discharges the products of combustion outside the enclosed work place.

DIVISION II

TOWERS, ANTENNAS AND ANTENNA-SUPPORTING STRUCTURES

2.18 (1) No employee shall climb a tower, an antenna or an antenna-supporting structure unless

(a) the employer has authorized the employee to do so;

(b) the employee has been trained and instructed in a safe method of climbing; and

(c) the employer has provided a fall-protection system in accordance with section 12.10.

(2) No employee shall climb or work on a tower, an antenna or an antenna-supporting structure

(a) when weather conditions are likely to be hazardous to the safety or health of the employee, except when the work is required to remove a hazard or to rescue an employee; or

(b) if the physical condition of the tower, antenna or antenna-supporting structure is likely to be hazardous to the safety or health of the employee.

2.19 Where reasonably practicable, the design and construction of every tower, antenna and antenna-supporting structure the construction of which begins on or after the day of the coming into force of this section shall meet the requirements of CSA Standard CAN/CSA-S37-94, entitled Antennas, Towers, and Antenna-Supporting Structures, as amended from time to time.

DIVISION III

HVAC SYSTEMS

Application

2.20 (1) Sections 2.21 to 2.24 apply to buildings whose owner or principal tenant is an employer as defined in subsection 122(1) of the Act.

(2) Despite subsection (1), where the employer is not the principal tenant in the building but occupies a portion of the building in which there is an HVAC system over which the employer has control, sections 2.21 to 2.24 apply to that portion of the building.

Standards

2.21 Subject to section 2.22, every HVAC system installed on or after the day of the coming into force of this section shall meet the design requirements of ASHRAE Standard 62-1989, entitled Ventilation for Acceptable Indoor Air Quality, as amended from time to time.

2.22 To the extent reasonably practicable, the relevant portion of an HVAC system shall be modified to meet the design requirements referred to in section 2.21 if

(a) the level of occupancy in a building or portion of a building exceeds the level for which the HVAC system was designed; or

(b) the use of a building or portion of a building differs from the use for which the HVAC system was designed.

Records

2.23 (1) For HVAC systems installed on or after the day of the coming into force of this section, the employer shall keep a record of the information required by section A-2.3.5.2 of Appendix A of the National Building Code and make the record readily available.

(2) In addition to the record required by subsection (1), the employer shall keep and make readily available a record of the normal hours of occupancy and the types of activities of the occupants of the building.

(3) In the case of HVAC systems to which subsection (1) does not apply, the employer shall keep and make readily available all records required by subsections (1) and (2) that are reasonably practicable to keep.

Operation, Inspection, Testing, Cleaning and Maintenance

2.24 (1) Every employer shall appoint a qualified person to set out, in writing, instructions for the operation, inspection, testing, cleaning and maintenance of an HVAC system and the calibration of probes or sensors on which the system relies.

(2) The instructions shall

(a) take into account CSA Guideline Z204-94, entitled Guideline for Managing Air Quality in Office Buildings, dated June 1994;

(b) where they exist on the day that this section comes into force, be readily available;

(c) where they do not exist on the day that this section comes into force, be developed and made readily available as soon as possible and, in any event, no later than five years after that day;

(d) for buildings the construction of which is completed on or after the day of the coming into force of this section, be readily available as soon as possible and, in any event, no later than five years after the day of the coming into force of this section;

(e) specify the manner of operation of the HVAC system;

(f) specify the nature and frequency of inspections, testing, cleaning and maintenance; and

(g) be reviewed by a qualified person and amended

(3) Despite paragraph (2)(c), if an investigation referred to in section 2.27 identifies that a safety or health hazard exists, the instructions shall be developed and made readily available without delay.

(4) The employer shall appoint a qualified person or persons to implement the instructions and make a report, in writing, of each inspection, testing, cleaning and maintenance operation.

(5) The report shall be kept readily available by the employer for a period of at least five years and shall

(a) specify the date and type of work performed, and the identity of the person who performed it;

(b) identify the components of the HVAC system or portion of an HVAC system involved; and

(c) record test results, any deficiencies observed and the actions taken to correct them.

2.25 An employer shall ensure that the qualified person or persons referred to in subsection 2.24(4) are instructed and trained in the specific procedures to be followed in the operation, inspection, testing, cleaning and maintenance of the HVAC system and the calibration of probes or sensors on which the system relies.

2.26 An employer shall post, in a place readily accessible to every employee, the telephone number of a contact person to whom safety or health concerns regarding the indoor air quality in the work place can be directed.

Investigations

2.27 (1) Every employer shall develop, or appoint a qualified person to develop, a procedure for investigating situations in which the safety or health of an employee in the work place is or may be endangered by the air quality.

(2) The procedure shall include the following steps:

(a) a review of the nature and number of safety or health complaints;

(b) a visual inspection of the work place;

(c) the inspection of the HVAC system for cleanliness, operation and performance;

(d) a review of the maintenance schedule for the HVAC system;

(e) the assessment of building use as compared to the use for which it was designed;

(f) the assessment of actual level of occupancy as compared to the level for which the building was designed;

(g) the determination of potential sources of contaminants;

(h) the determination of levels of carbon dioxide, carbon monoxide, temperature, humidity and air motion, where necessary;

(i) the specification, where necessary, of tests to be conducted to determine levels of formaldehyde, particulates, airborne fungi and volatile organic compounds; and

(j) the identification of the standards or guidelines to be used in evaluating test results.

(3) In developing the procedure, the employer or the qualified person appointed by the employer shall take into account the Department of Health publication 93-EHD-166, entitled Indoor Air Quality in Office Buildings: A Technical Guide.

(4) Where the safety or health of an employee in a work place is or may be endangered by the air quality, the employer shall, without delay, appoint a qualified person to carry out an investigation in accordance with the procedure developed pursuant to subsection (1).

(5) The investigation shall be carried out in consultation with the safety and health committee or safety and health representative.

(6) To the extent reasonably practicable, the employer shall, in consultation with the safety and health committee or safety and health representative remove or control any safety or health hazard that is identified in the course of the investigation.

(7) Every employer shall keep the records of every indoor air quality complaint and investigation for at least five years.

3. Subsection 3.8(2) of the Regulations is replaced by the following:

(2) The guardrails and toe boards referred to in subsection (1) shall meet the standards set out in sections 2.12 and 2.13.

4. Paragraph 10.45(2)(a)(see footnote 4) of the Regulations is repealed.

5. Sections 10.46 to 10.49(see footnote 5) of the Regulations are replaced by the following:

10.46 Controlled products shall be stored in accordance with subsections 3.2.7, 3.2.8, 3.2.9 and 3.3.4 of the National Fire Code.

10.47 Flammable aerosols shall be stored in accordance with subsection 3.2.5 of the National Fire Code.

10.48 The provisions of Part 3 of the National Fire Code apply as follows:

(a) compressed gases shall be stored and handled in accordance with subsections 3.2.8 and 3.3.5;

(b) reactive flammable materials shall be stored and handled in accordance with subsections 3.2.7 and 3.3.4;

(c) poisonous and infectious materials shall be stored and handled in accordance with subsections 3.2.7, 3.2.8 and 3.3.4;

(d) corrosive materials shall be stored and handled in accordance with subsections 3.2.7, 3.2.8 and 3.3.4; and

(e) oxidizing materials shall be stored and handled in accordance with subsections 3.2.7, 3.2.8 and 3.3.4.

10.49 The provisions of Part 4 of the National Fire Code apply as follows:

(a) areas used for the storage, handling and use of flammable liquids and combustible liquids shall meet the standards set out in subsection 4.1.5, with the exception of article 4.1.5.6;

(b) the drainage and disposal of flammable liquids and combustible liquids shall be in accordance with subsection 4.1.6;

(c) flammable liquids and combustible liquids shall be stored in storage tanks meeting the standards set out in subsection 4.1.8;

(d) maintenance and operating procedures shall be established to prevent the escape of flammable liquids and combustible liquids, required by subsection 4.1.6;

(e) general container storage and handling of flammable liquids and combustible liquids shall be in accordance with subsections 4.2.1 to 4.2.8, with the exception of paragraph 4.2.8.4(d);

(f) rooms used for container storage of flammable liquids and combustible liquids shall conform with subsection 4.2.9, with the exception of article 4.2.9.3;

(g) cabinets used for container storage of flammable liquids and combustible liquids shall conform with subsection 4.2.10;

(h) outdoor container storage of flammable liquids and combustible liquids shall be in accordance with subsection 4.2.11;

(i) storage tanks for flammable liquids and combustible liquids shall conform with section 4.3, with the exception of paragraph 4.3.13.1(1)(d), articles 4.3.13.5 and 4.3.15.2 and sentences 4.3.16.1(3) and (4);

(j) piping and transfer systems for flammable liquids and combustible liquids shall conform with section 4.4, with the exception of articles 4.4.6.2, 4.4.11.1 and 4.4.11.2; and

(k) flammable liquid and combustible liquid installations on piers and wharves shall conform with section 4.7, with the exception of article 4.7.10.2.

6. Subsection 17.3(2) of the Regulations is repealed.

COMING INTO FORCE

7. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

The amendments to Part II (Building Safety) of the Canada Occupational Safety and Health Regulations (COSH) are made pursuant to the Canada Labour Code, Part II, the purpose of which is to prevent accidents and injuries arising out of, linked with or occurring in the course of employment in the federal jurisdiction.

Part II prescribes safety and health requirements with respect to safe working conditions in buildings, grain handling facilities, antennas, towers and antenna-supporting structures.

The Regulatory Review Committee for the technical revision of the COSH Regulations at the Labour Branch, Human Resources Development Canada (HRDC), directed that the current regulation be reviewed to reflect changes in the scientific, technological and methodological processes occurring in the workplace, and to address certain safety and health concerns that have arisen since Part II of the COSH Regulations were promulgated in 1986.

The title of Part II has been changed from "Building Safety" to read "Permanent Structures". New provisions have been added for grain handling facilities and specific safety measures have to be followed to provide for the safety and health of employees climbing antennas, towers and antenna-supporting structures. The 1995 National Building Code, along with the 1995 National Fire Code, are both referenced in the Regulation.

A new division has been added concerning heating, ventilating and air conditioning (HVAC) systems. The provisions set out the requirements for the installation, operation, inspection, testing, cleaning and maintenance of HVAC systems or parts thereof, which are under the control of the employer.

Alternatives

The working group assigned to review Part II of the COSH Regulations considered the options of retaining, revoking or amending the existing provisions. The first two options were not deemed acceptable for the following reasons:

(a) retaining the existing provisions may not afford adequate protection to employees against injury;

(b) revoking regulations in the area of occupational safety and health could result in decreased protection for employees; in addition, it is a sensitive issue for many Canadians, particularly within the labour movement.

Therefore, the existing provisions were amended to provide greater clarity and to increase employee protection.

Benefits and Costs

The anticipated effects of the changes to Part II of the COSH Regulations are described in detail in the Regulatory Impact Assessment of the Regulations, Part II (Building Safety) of the Canada Occupational Safety and Health Regulations December 1993. The complete report is available, on request, from the Department.

In determining the overall impact, the scenario (the amended version of Part II) was extrapolated and evaluated over a twenty year period. This was done from the point of view of the Canadian economy, taking into account the prevalence and persistence of the more dominant trends associated with the Canadian economy. The evaluation of the benefits and costs was based on a constant dollar value in 1986 and calculated into actual dollar values at a social discount rate of 10%.

Principal Benefits

Medical literature and statistical information were employed in estimating the direct benefits associated with the changes.

The evaluation of the benefits was based on a reduction in costs associated with: morbidity (reduced medical costs, reduced costs of additional manpower, and quality adjusted life years); mortality (reduced medical costs, reduced costs of additional manpower, and reduced costs associated with the prevention of death); and risk differential premiums associated with high risk occupations and work environment.

The quantification of the benefits was based on the anticipated reduction in work related diseases as follows: Sick Building Syndrome (4% of office employees), Building Related Diseases (2% of office employees).

It is assumed that the benefits, both direct and indirect, are equivalent. At a 25% effectiveness level (the ability of the proposed scenario to prevent morbidity and mortality) 376.3 million dollars would be realized in total actual benefits over the next twenty years.

Principal Costs

The direct and indirect costs associated with the changes were provided by the Federally Regulated Employers Transportation and Communication Organisation (FETCO) via a questionnaire. The expected first year compliance costs are anticipated to be 127.8 million dollars. Annual operating costs thereafter are anticipated at 16 million dollars per year for the next twenty years. At an expected 90% compliance level, the total actual costs will be 209.7 million dollars.

In the final analysis, a balancing of the monetary values associated with the benefits against those associated with the costs, projected over the next twenty years, reveals an actual net benefit to Canadians of approximately 166.6 million dollars.

Consultation

This initiative appeared in the 1993 Federal Regulatory Plan as proposal number LAB-6. In 1986, the Labour Branch of HRDC (formerly Labour Canada) established a Regulatory Review Committee for the technical revision of federal occupational safety and health legislation. This Committee consists of an equal membership drawn from organized labour and employer organizations in the federal jurisdiction.

In 1990, the Regulatory Review Committee appointed a working group to review the positions and concerns of labour, management and HRDC regarding the existing provisions of Part II (Building Safety) of the COSH Regulations. The members of the working group, representing a wide range of industrial sectors, were appointed by the Canadian Labour Congress (CLC) and FETCO. A complete list of members is available upon request.

Employer and employee groups were asked to respond to a questionnaire designed to estimate the socio-economic impact of the implementation of the proposed amendments. Upon completion of its assignment, the working group developed proposals which were forwarded to the Regulatory Review Committee for consideration and approval.

Subsequent to publication in the Canada Gazette, Part I of the proposed Regulation, on March 16, 1996, comments and suggestions were received from individuals and organizations. These comments were passed to the members of the working group and were reviewed in detail. The suggestions were addressed in depth and subsequent changes to the proposed Regulation addressing the concerns were made for clarification. A specific amendment was made to correct the reference from the 1990 National Fire Code to the 1995 National Fire Code version, the companion publication of the 1995 National Building Code. Consequently, amendments were made to certain provisions of the COSH Regulations to reflect the new numbering of the 1995 National Fire Code. The changes made were neither substantive nor fundamental, but only for purposes of clarifying the original version.

Due to the revision of Part II of the Canada Labour Code, further work on this Regulation was delayed for some time. Consequently, a second pre-publication in the Canada Gazette, Part I had to be done on January 30th, 1999. A few comments where received mainly from members of the Regulatory Review Committee and those were taken into consideration in finalizing the present text.

Further to the comments received from the Public Service Alliance of Canada, corrections have been made to the published text to take into account amendments that had previously been made on December 25, 1996, to better accommodate persons with disabilities in the workplace.

Other comments received from the spokesperson of FETCO have also been taken into consideration. These comments dealt mainly with the time of coming into force of certain provisions of the amendments. Corrections have been made to the text to reflect the consensus that was attained by the working group.

Comments were also received from the "Western Grain Elevator Association" disagreeing with the specific reference to the grain industry in some of the regulatory provisions.

The working group, in which the "Manitoba Pool Elevators" represented the grain industry, had decided, at the very beginning, to identify the paragraphs in the Regulation that would need to specifically address those issues pertinent to the grain industry. The notions relating to these issues were ambiguous in the National Building Code, and therefore needed to be clarified in the Occupational Safety and Health Regulations. Consequently, no further modifications were made subsequent to the comments received from the Western Grain Elevator Association.

Compliance and Enforcement

The principal objective of HRDC - Labour Branch's Compliance Policy is to encourage fairer, more effective and less costly compliance activities. The objectives and techniques of compliance and the procedures and processes used to these ends are detailed in the Canada Labour Code, Part II, Compliance Policy issued in 1986 and reviewed in 1994.

The means used within the policy to achieve the prevention of injury and disease are predicated on the assumption that the majority of establishments in the federal jurisdiction voluntarily comply with Part II. It is also assumed that the employers are willing and intend to meet their safety and health obligations.

The policy is designed to deal effectively with non-compliance. Where non-compliance is detected, opportunity is provided for correction suited to the situation, by securing an "assurance of voluntary compliance" (AVC) or issuing a "direction". If non-compliance persists, further action, up to and including prosecution, is initiated.

Participation in this consultative process, during the development of the Part II (Building Safety) of the COSH Regulations, promotes more effective voluntary compliance by labour and management.

Contact

Richard Lafrance
Program Advisor
Labour Branch
Human Resources Development Canada
Hull, Quebec
K1A 0J2
Tel.: (819) 997-8763
FAX: (819) 953-4830

Footnote a

S.C. 1993, c. 42, s. 4

Footnote b

S.C. 1993, c. 42, s. 6

Footnote c

R.S., c. 9 (1st Supp.), s. 4

Footnote d

R.S., c. 26 (4th Supp.), s. 5(1)

Footnote 1

SOR/96-294

Footnote 2

SOR/86-304; SOR/94-263

Footnote 3

SOR/96-525

Footnote 4

SOR/96-294

Footnote 5

SOR/96-294

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