Federal
Due Diligence - La diligence raisonnable
This material has been extracted from the Canada Occupational Health and Safety Regulations, SOR/86-304 to help students understand the subject. It is not an official source of information and must not be used for any other purpose.
It was obtained from the Canadian Legal Information Institute (CanLII – www.canlii.org).
Canada Occupational Health and Safety Regulations SOR/86-304
Canada Labour Code
Records and Reports
1.5 If an employer is required by section 125 or 125.1 of the Act to keep and maintain a record, report or other document, the employer shall keep and maintain the record, report or other document in such a manner that it is readily available for examination by a health and safety officer and by the work place committee or the health and safety representative for the work place to which it applies.
SOR/88-68, s. 3; SOR/94-263, s. 6; SOR/2002-208, s. 3.
PART XV
HAZARDOUS OCCURRENCE INVESTIGATION, RECORDING AND REPORTING
Interpretation
15.1 In this Part,
“disabling injury” means an employment injury or an occupational disease that
(a) prevents an employee from reporting for work or from effectively performing all the duties connected with the employee’s regular work on any day subsequent to the day on which the injury or disease occurred, whether or not that subsequent day is a working day for that employee,
(b) results in the loss by an employee of a body member or part thereof or in the complete loss of the usefulness of a body member or part thereof, or
(c) results in the permanent impairment of a body function of an employee; (blessure invalidante)
“district office”, in respect of a work place, means the office of the Department of Human Resources and Skills Development that is responsible for the HRSDC Labour Program and that is
(a) closest to the work place, and
(b) in any of the Department’s administrative regions in which the work place is situated; (bureau de district)
“minor injury” means an employment injury or an occupational disease for which medical treatment is provided and excludes a disabling injury. (blessure légère)
SOR/89-479, s. 1; SOR/2009-147, s. 9.
Application
15.2 (1) Subject to subsection (2), this Part does not apply in respect of employees employed in a coal mine or in an underground portion of any other type of mine.
(2) Section 15.10 applies in respect of employees employed in a coal mine.
SOR/89-479, s. 1; SOR/90-180, s. 3.
Reports by Employee
15.3 Where an employee becomes aware of an accident or other occurrence arising in the course of or in connection with the employee’s work that has caused or is likely to cause injury to that employee or to any other person, the employee shall, without delay, report the accident or other occurrence to his employer, orally or in writing.
SOR/89-479, s. 1.
Investigations
15.4 (1) Where an employer becomes aware of an accident, occupational disease or other hazardous occurrence affecting any of his employees in the course of employment, the employer shall, without delay,
(a) appoint a qualified person to carry out an investigation of the hazardous occurrence;
(b) notify the work place committee or the health and safety representative of the hazardous occurrence and of the name of the person appointed to investigate it; and
(c) take necessary measures to prevent a recurrence of the hazardous occurrence.
(2) Where the hazardous occurrence referred to in subsection (1) is an accident involving a motor vehicle on a public road that is investigated by a police authority, the investigation referred to in paragraph (1)(a) shall be carried out by obtaining from the appropriate police authority a copy of its report respecting the accident.
(3) As soon as possible after receipt of the report referred to in subsection (2), the employer shall provide a copy thereof to the work place committee or the health and safety representative.
SOR/89-479, s. 1; SOR/94-263, s. 56; SOR/2002-208, s. 31.
Telephone or Telex Reports
15.5 The employer shall report to a health and safety officer, by telephone or telex, the date, time, location and nature of any accident, occupational disease or other hazardous occurrence referred to in section 15.4 that had one of the following results, as soon as possible but not later than 24 hours after becoming aware of that result, namely,
(a) the death of an employee;
(b) a disabling injury to two or more employees;
(c) the loss by an employee of a body member or a part thereof or the complete loss of the usefulness of a body member or a part thereof;
(d) the permanent impairment of a body function of an employee;
(e) an explosion;
(f) damage to a boiler or pressure vessel that results in fire or the rupture of the boiler or pressure vessel; or
(g) any damage to an elevating device that renders it unserviceable, or a free fall of an elevating device.
SOR/89-479, s. 1; SOR/94-263, s. 57; SOR/2002-208, s. 38.
Records
15.6 (1) The employer shall, within 72 hours after a hazardous occurrence referred to in paragraph 15.5(f) or (g), record in writing
(a) a description of the hazardous occurrence and the date, time and location of the occurrence;
(b) the causes of the occurrence; and
(c) the corrective measures taken or the reason for not taking corrective measures.
(2) The employer shall, without delay, submit a copy of the record referred to in subsection (1) to the work place committee or the health and safety representative.
SOR/89-479, s. 1; SOR/94-263, s. 58; SOR/2002-208, s. 32.
Minor Injury Records
15.7 (1) Every employer shall keep a record of each minor injury of which the employer is aware that affects any employee in the course of employment.
(2) A record kept pursuant to subsection (1) shall contain
(a) the date, time and location of the occurrence that resulted in the minor injury;
(b) the name of the employee affected;
(c) a brief description of the minor injury; and
(d) the causes of the minor injury.
SOR/89-479, s. 1.
Written Reports
15.8 (1) The employer shall make a report in writing, without delay, in the form set out in Schedule I to this Part setting out the information required by that form, including the results of the investigation referred to in paragraph 15.4(1)(a), where that investigation discloses that the hazardous occurrence resulted in any one of the following circumstances:
(a) a disabling injury to an employee;
(b) an electric shock, toxic atmosphere or oxygen deficient atmosphere that caused an employee to lose consciousness;
(c) the implementation of rescue, revival or other similar emergency procedures; or
(d) a fire or an explosion.
(2) The employer shall submit a copy of the report referred to in subsection (1)
(a) without delay, to the work place committee or the health and safety representative; and
(b) within 14 days after the hazardous occurrence, to a health and safety officer at the regional office or district office.
SOR/89-479, s. 1; SOR/94-263, s. 59; SOR/2002-208, s. 33.
15.9 Where an accident referred to in subsection 15.4(2) results in a circumstance referred to in subsection 15.8(1), the employer shall, within 14 days after the receipt of the police report of the accident, submit a copy of that report to a health and safety officer at the regional office or district office.
SOR/89-479, s. 1; SOR/2002-208, s. 38.
Annual Report
15.10 (1) Every employer shall, not later than March 1 in each year, submit to the Minister a written report setting out the number of accidents, occupational diseases and other hazardous occurrences of which the employer is aware affecting any employee in the course of employment during the 12 month period ending on December 31 of the preceding year.
(2) The report shall be in the form set out in Schedule II to this Part, contain the information required by that form and be accompanied by a copy of any report made in accordance with subsection 19.8(1).
SOR/89-479, s. 1; SOR/2005-401, s. 1.
Retention of Reports and Records
15.11 Every employer shall keep a copy of
(a) each report submitted pursuant to section 15.9 or subsection 15.10(1) for a period of 10 years following the submission of the report to the health and safety officer or the Minister; and
(b) the record or report referred to in subsection 15.6(1), 15.7(1) or 15.8(1) for a period of 10 years following the hazardous occurrence.
SOR/89-479, s. 1; SOR/2002-208, s. 38.
SCHEDULE I
(s. 15.8)
HAZARDOUS OCCURRENCE INVESTIGATION REPORT FORM
GRAPHIC IS NOT DISPLAYED, SEE SOR/89-479, S. 1; SOR/2002-208, SS. 34, 38
SOR/89-479, s. 1; SOR/2002-208, ss. 34, 38.
SCHEDULE II
(s. 15.10)
EMPLOYER’S ANNUAL HAZARDOUS OCCURRENCE REPORT FORM
GRAPHIC IS NOT DISPLAYED, SEE SOR/89-479, S. 1
SOR/89-479, s. 1.
PART XIX
HAZARD PREVENTION PROGRAM
Hazard Prevention Program
19.1 (1) The employer shall, in consultation with and with the participation of the policy committee, or, if there is no policy committee, the work place committee or the health and safety representative, develop, implement and monitor a program for the prevention of hazards, including ergonomics-related hazards, in the work place that is appropriate to the size of the work place and the nature of the hazards and that includes the following components:
(a) an implementation plan;
(b) a hazard identification and assessment methodology;
(c) hazard identification and assessment;
(d) preventive measures;
(e) employee education; and
(f) a program evaluation.
(2) [Repealed, SOR/2009-84, s. 2]
SOR/2005-401, s. 2; SOR/2007-271, s. 1; SOR/2009-84, s. 2.
Implementation Plan
19.2 (1) The employer shall
(a) develop an implementation plan that specifies the time frame for each phase of the development and implementation of the prevention program;
(b) monitor the progress of the implementation of the preventive measures; and
(c) review the time frame of the implementation plan regularly and, as necessary, revise it.
(2) In implementing the prevention program, the employer shall ensure that ergonomics-related hazards are identified and assessed and that they are eliminated or reduced, as required by subsection 19.5(1), as much as is reasonably possible and that any person assigned to identify and assess ergonomics-related hazards has the necessary instruction and training.
SOR/2005-401, s. 2; SOR/2007-271, s. 2.
Hazard Identification and Assessment Methodology
19.3 (1) The employer shall develop a hazard identification and assessment methodology, including an identification and assessment methodology for ergonomics-related hazards, taking into account the following documents and information:
(a) any hazardous occurrence investigation reports;
(b) first aid records and minor injury records;
(c) work place health protection programs;
(d) any results of work place inspections;
(e) any employee reports made under paragraph 126(1)(g) or (h) of the Act or under section 15.3;
(f) any government or employer reports, studies and tests concerning the health and safety of employees;
(g) any reports made under the Safety and Health Committees and Representatives Regulations;
(h) the record of hazardous substances; and
(i) any other relevant information, including ergonomics-related information.
(2) The hazard identification and assessment methodology shall include
(a) the steps and time frame for identifying and assessing the hazards;
(b) the keeping of a record of the hazards; and
(c) a time frame for reviewing and, if necessary, revising the methodology.
SOR/2005-401, s. 2; SOR/2007-271, s. 3.
Hazard Identification and Assessment
19.4 The employer shall identify and assess the hazards in the work place, including ergonomics-related hazards, in accordance with the methodology developed under section 19.3 taking into account
(a) the nature of the hazard;
(a.1) in the case of ergonomics-related hazards, all ergonomics-related factors such as
(i) the physical demands of the work activities, the work environment, the work procedures, the organization of the work and the circumstances in which the work activities are performed, and
(ii) the characteristics of materials, goods, persons, animals, things and work spaces and the features of tools and equipment;
(b) the employees’ level of exposure to the hazard;
(c) the frequency and duration of employees’ exposure to the hazard;
(d) the effects, real or apprehended, of the exposure on the health and safety of employees;
(e) the preventive measures in place to address the hazard;
(f) any employee reports made under paragraph 126(1)(g) or (h) of the Act or under section 15.3; and
(g) any other relevant information.
SOR/2005-401, s. 2; SOR/2007-271, s. 4.
Preventive Measures
19.5 (1) The employer shall, in order to address identified and assessed hazards, including ergonomics-related hazards, take preventive measures to address the assessed hazard in the following order of priority:
(a) the elimination of the hazard, including by way of engineering controls which may involve mechanical aids, equipment design or redesign that take into account the physical attributes of the employee;
(b) the reduction of the hazard, including isolating it;
(c) the provision of personal protective equipment, clothing, devices or materials; and
(d) administrative procedures, such as the management of hazard exposure and recovery periods and the management of work patterns and methods.
(2) As part of the preventive measures, the employer shall develop and implement a preventive maintenance program in order to avoid failures that could result in a hazard to employees.
(3) The employer shall ensure that any preventive measure shall not in itself create a hazard and shall take into account the effects on the work place.
(4) The preventive measures shall include steps to address
(a) newly identified hazards in an expeditious manner; and
(b) ergonomics-related hazards that are identified when planning implementation of change to the work environment or to work duties, equipment, practices or processes.
(5) The employer shall ensure that any person assigned to implement ergonomics-related prevention measures has the necessary instruction and training.
SOR/2005-401, s. 2; SOR/2007-271, s. 5; SOR/2009-84, s. 3(F).
Employee Education
19.6 (1) The employer shall provide health and safety education, including education relating to ergonomics, to each employee which shall include the following:
(a) the hazard prevention program implemented in accordance with this Part to prevent hazards applicable to the employee, including the hazard identification and assessment methodology and the preventive measures taken by the employer;
(b) the nature of the work place and the hazards associated with it;
(c) the employee’s duty to report under paragraphs 126(1)(g) and (h) of the Act and under section 15.3; and
(d) an overview of the Act and these Regulations.
(2) The employer shall provide education to an employee
(a) whenever new hazard information in respect of a hazard in the work place becomes available to the employer; and
(b) shortly before the employee is assigned a new activity or exposed to a new hazard.
(3) The employer shall review the employee education program, and, if necessary, revise it
(a) at least every three years;
(b) whenever there is a change in conditions in respect of the hazards; and
(c) whenever new hazard information in respect of a hazard in the work place becomes available to the employer.
(4) Each time education is provided to an employee, the employee shall acknowledge in writing that they received it, and the employer shall acknowledge in writing that they provided it.
(5) The employer shall keep, in paper or computerized form, records of the education provided to each employee, which shall be kept for a period of two years after the employee ceases to be exposed to a hazard.
SOR/2005-401, s. 2; SOR/2007-271, s. 6.
Program Evaluation
19.7 (1) The employer shall evaluate the effectiveness of the hazard prevention program, including its ergonomics-related components, and, if necessary, revise it
(a) at least every three years;
(b) whenever there is a change in conditions in respect of the hazards; and
(c) whenever new hazard information in respect of a hazard in the work place becomes available to the employer.
(2) The evaluation of the effectiveness of the prevention program shall be based on the following documents and information:
(a) conditions related to the work place and the activities of the employees;
(b) any work place inspection reports;
(c) any hazardous occurrence investigation reports;
(d) any safety audits;
(e) first aid records and any injury statistics, including records and statistics relating to ergonomics-related first aid and injuries;
(f) any observations of the policy and work place committees, or the health and safety representative, on the effectiveness of the prevention program; and
(g) any other relevant information.
SOR/2005-401, s. 2; SOR/2007-271, s. 7.
Reports
19.8 (1) If a program evaluation has been conducted under section 19.7, the employer shall prepare a program evaluation report.
(2) The employer shall keep readily available every program evaluation report for six years after the date of the report.
SOR/2005-401, s. 2; SOR/2009-84, s. 4.
