Camp Set Up and Management - Industrial
When workplace operations take place in remote areas, employers will be setting up work or field camps. Field camps are regulated as "isolated work sites" in the Occupational Health and Safety Regulations and as "isolated camps" in the Mine Health and Safety Regulations. As workers may be working in isolation and / or at remote sites they will be exposed to additional hazards than workers at regular workplaces. Depending on the location of the camp, the hazards may vary.
Employers who have industrial field camps but are not regulated under the Mine Health and Safety Act, must meet all of the health and safety requirements for industrial workplaces plus requirements that are specific to the camp site. The additional health and safety requirements are addressed in detail in the WSCC Camp Set Up and Management Code of Practice. This code of practice outlines the various regulatory requirements for field camps, the possible hazards and risks that could exist at the camp sites, and how to control such hazards and risks. The employers of camps should consider implementing this code of practice as a proper camp set-up promotes a safe and healthy environment for workers.
Regardless of size, all employers are required to eliminate or reduce the risks as identified through their hazard assessments with appropriate controls. Employers with 20 or more workers are required to mitigate hazards as part of their campsite’s occupational health and safety (OHS) program. If an employer is not required to have an occupational health and safety program (less than 20 workers and not directed to have one by the Chief Safety Officer) , for due diligence reasons, it is recommended that the employer still prepare one. An OHS program can help the employer to identify the many unique hazards and challenges that could be encountered at remote / isolated field camps.
Before employers set up a field camp site they need to prepare an operational plan that considers the following health-related factors:
- location of the site
- camp size
- arrangement of camp facilities (including sleeping accommodations)
- provisions of safe drinking water and hygienic food storage
- location and construction of sewage facilities
- waste management
Due to the unique hazards that exist at field camps, the additional elements that may need to be addressed in the camp’s occupational health and safety (OHS) program are:
- firearm regulations, policies, and safe practices
- wildlife policies and practices
- alcohol and drug policies
- survival training
- navigational or directional equipment
- remote travel
- fire safety and prevention
- fuels (e.g. gasoline, diesel, propane, etc.)
- hazardous materials (e.g. compressed gases)
- generators and other electrical equipment (including lock out procedures)
- batteries
- heating stoves and camp appliances
- camp equipment
- sources of carbon monoxide
- worker hygiene
- food and water safety
- communication equipment
- camp inspections
- emergency first aid planning
- waste management, and
- material handling
Employers of industrial camps must:
- prepare an occupational health and safety (OHS) program when they have 20 or more workers. The OHS program must include safe practices and procedures for the camp site-specific hazards. Some of these hazards are listed further below under the section regarding employers and due diligence.
- have procedures for first aid; comply with first aid requirements;
- provide the best communication equipment for the geographic location and terrain; supply the camp with sufficient equipment, including an independent backup system; post operating instructions for all communication equipment for easy access in an emergency. At remote sites cell phones may not be an appropriate way for workers to communicate, especially field workers who may be working alone.
- develop fire safety procedures specific for the campsite;
- ensure there is appropriate-sized fire extinguisher(s) in the campsite kitchen, as determined by the hazard assessment.
Employers of industrial camps, for due diligence reasons , should:
- have an occupational health and safety program when they have less than 20 workers;
- ensure water resources at established camps are compliant with the requirements of the water board of that region (there are five water boards in the NT and one in NU);
- ensure the camp design and layout meet the additional fire, health, safety, and environment regulations;
- arrange for emergency assistance and transportation; consider scenarios, such as poor weather conditions, which may delay emergency response;
- ensure that means of communication with all worksites operated from an isolated camp are available at all times before an isolated field camp is set up;
- determine whether or not a wildlife monitor is needed;
- develop a policy and safe practices for interaction with wildlife; instruct workers not to feed wildlife. Consult with the Department of the Environment and Natural Resources (ENR) regarding wildlife regulations for interaction and recommended safety practices for the territory. Employers must educate their workers on hazards, including animal attacks, and how to control that hazard.
- develop a policy and safe practices for firearms safe use, maintenance, and storage for all firearms at camp;
- ensure a qualified person educates and trains workers on the site-specific hazards and control measures. Training must include information on wildlife hazards, survival techniques, and use of special equipment such as navigational or directional equipment to avoid becoming lost, communication equipment, boats, use of protective equipment, etc.
- have an emergency shelter for camps with interconnected structures which will not be affected by a fire at the main structure. Emergency shelters need to be equipped with a heater, first aid kit as per Schedule I in the Occupational Health and Safety Regulations, fuel supply, communication equipment, and other equipment such as flares that can be used for rescue purposes.
- develop a procedure for handling equipment and materials when using aircraft;
- develop a procedure for emergency scenarios and survival equipment;
Workers at isolated industrial camps must:
- comply with employer's instructions, safe operating procedures and safe practices;
- use, maintain, and store devices, personal protective equipment and or equipment as instructed by the employer;
- not feed wildlife;
- only use firearms as per employer's safe practices;
- comply with the workplace drug and alcohol policy;
- not pollute the surrounding environment; use the employer provided hygiene facilities; comply with workplace waste procedures and hygiene procedures and practices.
Occupational Health and Safety Regulations
R-039-2015
Part 3 GENERAL DUTIES
Section 12 General duties of employers
12. An employer shall, in respect of a work site,
(a) provide and maintain systems of work and working environments that ensure, as far as is reasonably possible, the health and safety of workers;
(b) arrange for the use, handling, storage and transport of articles and substances in a manner that protects the health and safety of workers;
(c) provide information, instruction, training and supervision that is necessary to protect the health and safety of workers; and
(d) provide and maintain a safe means of entrance to and exit from the work site.
Section 13 General duties of workers
13. A worker shall, in respect of a work site,
(a) use safeguards, safety equipment and personal protective equipment required by these regulations; and
(b) follow safe work practices and procedures required by or developed under these regulations.
Section 14 Young persons
14. (1) An employer shall ensure that an individual under 16 years of age is not required or permitted to work
(a) on a construction site;
(b) in a production process at a pulp mill, saw mill or woodworking establishment;
(c) in a production process at a smelter, foundry, refinery or metal processing or fabricating operation;
(d) in a confined space;
(e) in a forestry or logging operation;
(f) as an operator of powered mobile equipment, a crane or a hoist;
(g) where exposure to a chemical or biological substance is likely to endanger the health or safety of the individual; or
(h) in power line construction or maintenance
(2) An employer shall ensure that an individual under 18 years of age is not required or permitted to work
(a) as an occupational worker as defined in section 339;
(b) in an asbestos process as defined in section 364;
(c) in a silica process as defined in section 380; or
(d) in an activity requiring the use of an atmosphere-supplying respirator.
Section 15 Duty of principal contractor to inform
15. The principal contractor or, if there is no principal contractor, an employer, shall give notice in writing to each other employer and worker at a work site, setting out
(a) the name of the individual who is supervising the work on behalf of the principal contractor or employer;
(b) emergency facilities available for use by workers;
(c) if a Committee is established under section 37, the existence of the Committee at the work site and the means to contact the Committee; and
(d) if a representative is designated under section 39, the identity of the representative at the work site and the means to contact him or her.
Section 16 Supervision of work
16. (1) An employer shall ensure that, at a work site,
(a) work is sufficiently and competently supervised;
(b) supervisors have sufficient knowledge of the following:
(i) any occupational health and safety program applicable to workers supervised at the work site,
(ii) the safe handling, use, storage, production and disposal of hazardous substances,
(iii) the need for, and safe use of, personal protective equipment,
(iv) emergency procedures required by these regulations,
(v) any other matters that are necessary to ensure the health and safety of workers;
(c) supervisors have completed an approved regulatory familiarization program; and
(d) supervisors comply with the Act and these regulations.
(2) A supervisor shall ensure that workers comply with the Act and these regulations as they apply to the work site.
Section 17 Duty to inform workers
17. An employer shall ensure that workers
(a) are informed of the provisions of the Act and these regulations as they apply to the work site; and
(b) comply with the Act and these regulations.
Section 18 Training of workers
18. (1) An employer shall ensure that a worker is trained in matters necessary to protect the health and safety of workers at a work site when
(a) the worker begins work at the work site; and
(b) the worker is moved from one work activity or work site to another that differs from the old work site with respect to hazards, equipment, facilities or procedures.
(2) The training required by subsection (1) must include
(a) procedures to be taken in the event of a fire or other emergency;
(b) the location of first aid supplies, equipment and facilities;
(c) identification of prohibited or restricted areas;
(d) precautions to be taken for the protection of workers from hazardous substances;
(e) procedures, plans, policies and programs that apply to work at the work site; and
(f) any other matters that are necessary to ensure the health and safety of workers at the work site.
(3) An employer shall ensure that time spent by a worker in the training required by subsection (1) is credited to the worker as time at work, and that he or she does not lose pay or benefits with respect to that time.
(4) An employer shall ensure that a worker is not required or permitted to work unless he or she
(a) is a competent worker; or
(b) is under close and competent supervision.
[R-012-2020, s. 6]
Section 19 Workers’ contacts with safety officers
19. (1) During an inspection or inquiry by a safety officer at a work site, an employer shall allow any one of the following to accompany the safety officer:
(a) a member of the Committee who, under paragraph 38(a) represents workers or, if such a member is not available, a worker designated by the Committee to represent workers;
(b) a representative or, if a representative is not available, a worker designated by a representative to represent workers;
(c) if there is no Committee member or representative available, a worker designated by the trade union representing workers or if there is no trade union representing workers, a worker designated by a safety officer.
(2) An employer shall allow any worker to consult with a safety officer during an inspection or inquiry at a work site.
(3) An employer shall ensure that the time a worker consults with or accompanies a safety officer during an inspection or inquiry is credited as time at work, and that he or she does not lose pay or benefits.
[R-013-2020, s. 18]
Section 20 Biological monitoring
20. (1) In this section, "biological monitoring" means measuring, through the assessment of biological specimens collected from a worker, the worker’s total exposure to a hazardous substance present at a work site.
(2) If a worker is the subject of biological monitoring, an employer shall ensure that
(a) the worker is informed of the purposes and the results of the biological monitoring;
(b) at the worker’s request, the detailed results of the biological monitoring are made available to a medical professional, or individual of similar standing under an enactment of a jurisdiction outside the Northwest Territories, who is specified by the worker; and
(c) the aggregate results of the biological monitoring are given to the Committee or representative.
(3) The results of biological monitoring carried out under subsection (2) are deemed to be information of a personal medical nature under subsection 10(1).
Section 21 Occupational health and safety Program
21. (1) An employer shall provide an occupational health and safety program under this section if
(a) there are 20 or more workers who work at the work site; or
(b) the employer is so directed by the Chief Safety Officer.
(2) An occupational health and safety program for a work site must include
(a) a statement of the employer’s policy with respect to the protection and maintenance of the health and safety of workers;
(b) an identification of hazards that could endanger workers at the work site, through a hazard recognition program;
(c) measures, including procedures to respond to an emergency, that will be taken to reduce, eliminate and control the hazards identified under paragraph (b);
(d) an identification of internal and external resources, including personnel and equipment, that could be required to respond to an emergency;
(e) a statement of the responsibilities of the employer, the supervisors and the workers;
(f) a schedule for the regular inspection of the work site and inspection of work processes and procedures;
(g) a plan for the control of hazardous substances handled, used, stored, produced or disposed of at the work site and, if appropriate, the monitoring of the work environment;
(h) a plan for training workers and supervisors in safe work practices and procedures, including procedures, plans, policies or programs that the employer is required to develop;
(i) a procedure for the investigation of refusals to work under section 13 of the Act;
(j) a strategy for worker participation in occupational health and safety activities, including audit inspections and investigations of refusals to work under section 13 of the Act; and
(k) a procedure to review and, if necessary, revise the occupational health and safety program not less than once every three years or whenever there is a change of circumstances that could affect the health or safety of workers.
(3) An occupational health and safety program must be implemented and updated in consultation with
(a) the Committee or representative; and
(b) the workers.
(4) An occupational health and safety program required under this section must be in writing and made available to the workers.
Section 22 Examination of plant
22. (1) An employer shall arrange for the regular examination of a plant to ensure that, to the extent that is reasonably possible, the plant is capable of
(a) withstanding the stress likely to be imposed on it; and
(b) safely performing the functions for which the plant is used.
(2) An employer shall, as soon as is reasonably possible, correct an unsafe condition found in a plant and take reasonable steps, until the unsafe condition is corrected, to protect the health and safety of workers who could be endangered.
Section 23 Identifying mark of approved equipment
23. (1) This section applies in respect of equipment and personal protective equipment that is required by these regulations to be approved by an agency.
(2) An employer or supplier shall ensure that the approval of equipment and personal protective equipment by an agency is evidenced by a seal, stamp, logo or similar identifying mark of the agency indicating such approval, affixed on
(a) the equipment or personal protective equipment; or
(b) the packaging accompanying the equipment or personal protective equipment.
Section 24 Maintenance and repair of equipment
24. (1) An employer shall ensure that equipment is maintained at intervals that are sufficient to ensure the safe functioning of the equipment.
(2) If a defect is found in equipment, an employer shall ensure that, as soon as is reasonably possible,
(a) steps are taken, until the defect is corrected, to protect the health and safety of workers who could be endangered; and
(b) the defect is corrected by a competent worker or the equipment is replaced.
(3) A worker who knows or has reason to believe that equipment under his or her control is in an unsafe condition shall, as soon as is reasonably possible,
(a) report the condition of the equipment to the employer; and
(b) repair the equipment, if the worker is authorized and competent to do so, or replace the equipment or remove the equipment from service.
Section 25 Boilers and pressure vessels
25. An employer shall ensure that boilers or pressure vessels used at a work site are properly constructed and maintained, even if there is no requirement to inspect or register them under the Boilers and Pressure Vessels Act.
Section 26 Prohibited use of compressed air
26. An employer shall ensure that no compressed air is directed towards a worker for
(a) the purpose of cleaning clothing or personal protective equipment; or
(b) any other purpose, if the use of compressed air could cause dispersion into the air of contaminants that could be harmful to workers.
Section 27 Inspection of work sites
27. (1) An employer shall enable members of the Committee or a representative to inspect a work site at reasonable intervals determined by the Committee and employer or by the representative and employer.
(2) On written notice by the Committee or representative of an unsafe condition or a contravention of the Act or these regulations, the employer shall, as soon as is reasonably possible,
(a) take steps, until the unsafe condition is corrected or the contravention is remedied, to protect the health and safety of workers who could be endangered;
(b) take suitable action to correct the unsafe condition or remedy the contravention; and
(c) inform the Committee or representative in writing
(i) of the steps and action the employer has taken or will take under paragraphs (a) and (b), or
(ii) if the employer has not taken steps and action under paragraphs (a) and (b), the reasons for not taking steps or action.
Section 28 Investigation of certain accidents
28. (1) Subject to section 29, an employer shall ensure that an accident causing serious bodily injury or a dangerous occurrence is investigated as soon as is reasonably possible
(a) by the Committee and employer or by a representative and the employer; or
(b) if no Committee or representative is available, by the employer.
(2) After the investigation of an accident causing serious bodily injury or a dangerous occurrence, an employer shall, in consultation with the Committee or representative or, if no Committee or representative is available, the workers, prepare a written report that includes
(a) a description of the accident or occurrence;
(b) graphics, photographs, video or other evidence that could assist in determining the causes of the accident or occurrence;
(c) identification of unsafe conditions, acts, omissions or procedures that contributed to the accident or occurrence;
(d) an explanation of the causes of the accident or occurrence;
(e) a description of the immediate corrective action taken; and
(f) a description of long-term actions that will be taken to prevent the happening of a similar accident or dangerous occurrence, or the reasons for not taking action.
[R-013-2020, s. 28]
Section 29 Preserving scene of accident causing death
29. (1) Unless expressly authorized by statute or by subsection (2), a person shall not, other than for the purpose of saving life or relieving human suffering, interfere with, destroy, carry away or alter the position of wreckage, equipment, articles, documents or other things at the scene of, or connected with, an accident causing a death until a safety officer has completed an investigation of the circumstances surrounding the accident.
(2) If an accident causing a death occurs and a safety officer is not able to complete an investigation of the circumstances surrounding the accident, the safety officer may, unless prohibited by statute, grant permission to move wreckage, equipment, articles, documents or other things at the scene or connected with the accident, to an extent that is necessary to allow work to proceed, if he or she is satisfied that
(a) graphics, photographs, video or other evidence showing details at the scene of the accident are made or taken before granting permission; and
(b) a member of the Committee or a representative, if available, has inspected the site of the accident and agreed that the things may be moved.
[R-013-2020, s. 29]
Section 30 Injuries requiring medical treatment
30. An employer shall
(a) report to the Committee or representative any lost-time injury at the work site that results in a worker receiving medical treatment; and
(b) allow the Committee or representative or, if no Committee or representative is available, the workers, a reasonable opportunity to review the lost-time injury report during normal working hours and without loss of pay or benefits.
Section 31 Work if visibility restricted
31. If visibility in an area at a work site is restricted by smoke, steam or another substance to the extent that a worker is endangered, an employer shall not require or permit the worker to work in that area unless the employer provides the worker with an effective means of communication with another worker who is readily available to provide assistance in an emergency.
Section 32 Work on ice over water
32. (1) This section does not apply to
(a) highways built and maintained by the Government of the Northwest Territories; or
(b) roads that are built and maintained to an approved standard.
(2) Before a worker is required or permitted to work or travel on ice that is over water or over other material into which a worker could sink more than 1 m, an employer shall have the ice tested to ensure that the ice will support the load that the work or travel will place on the ice.
(3) The requirement of subsection (2) may be waived by the Chief Safety Officer if an employer or worker satisfies the Chief Safety Officer that other measures have been taken to eliminate or reduce the risk to the worker should the ice fail to support the load.
[R-013-2020, s. 32]
Section 33 Working alone or at isolated work site
33. (1) In this section, "work alone" means to work at a work site as the only worker at that work site, in circumstances where assistance from another person who is a first aid attendant is not readily available in the event of injury or emergency.
(2) If a worker is required or permitted to work alone or at an isolated work site, an employer, in consultation with the Committee or representative or, if no Committee or representative is available, the worker and other workers, shall identify the hazards arising from the conditions and circumstances of that work.
(3) An employer shall take reasonable measures to eliminate or reduce the risks posed by the hazards identified under subsection (2), including the establishment of an effective communication system that consists of
(a) radio communication;
(b) phone or cellular phone communication; or
(c) any other means that provides effective communication considering the risks involved.
[R-012-2020, s. 7]
Section 34 Harassment
34. (1) In this section, "harassment" means, subject to subsections (2) and (3), a course of vexatious comment or conduct at a work site that
(a) is known or ought reasonably to be known to be unwelcome; and
(b) constitutes a threat at the work site to the health or safety of a worker.
(2) To constitute harassment for the purposes of subsection (1), any one of the following must have occurred:
(a) repeated conduct, comments, displays, actions or gestures; or
(b) a single, serious occurrence of conduct, or a single, serious comment, display, action or gesture, that has a lasting, harmful effect on the worker’s health or safety.
(3) For the purpose of subsection (1), harassment does not include reasonable action taken by an employer or supervisor relating to the management and direction of the workers or of the work site.
(4) An employer shall, in consultation with the Committee or representative, or, if no Committee or representative is available, the workers, develop and implement a written policy that includes
(a) a definition of harassment that is consistent with subsections (1), (2) and (3);
(b) a statement that each worker is entitled to work free of harassment;
(c) a commitment that the employer will make every reasonable effort to ensure that workers are not subjected to harassment;
(d) a commitment that the employer will take corrective action respecting any individual who subjects any worker to harassment;
(e) an explanation of how harassment complaints may be brought to the attention of the employer;
(f) a statement that the employer will not disclose the name of a complainant or an alleged harasser or the circumstances relating to the complaint to a person unless disclosure is
(i) necessary for the purposes of investigating the complaint or taking corrective action with respect to the complaint, or
(ii) required by law;
(g) a description of the procedure that the employer will follow to inform a complainant and alleged harasser of the results of an investigation; and
(h) a statement that the employer’s harassment policy is not intended to discourage or prevent a complainant from exercising other legal rights.
(5) An employer shall make readily available to workers a copy of the policy required under subsection (4).
Section 35 Violence
35. (1) In this section, "violence" means attempted, threatened or actual conduct of an individual that causes or is likely to cause injury, such as a threatening statement or behaviour that gives a worker a reasonable belief that he or she is at risk of injury.
(2) For the purposes of this section, work sites where violence may reasonably be expected to occur include work sites that provide the following services or activities:
(a) services provided by health care facilities as defined in section 463;
(b) pharmaceutical dispensing services;
(c) educational services;
(d) police services;
(e) corrections services;
(f) other law enforcement services;
(g) security services;
(h) crisis intervention and counselling services;
(i) financial services;
(j) the sale of alcoholic beverages or the provision of premises for the consumption of alcoholic beverages;
(k) taxi services;
(l) transit services.
(3) An employer shall, at a work site where violence has occurred or could reasonably be expected to occur, after consultation with the Committee or representative or, if no Committee or representative is available, the workers, develop and implement a written policy to deal with potential violence.
(4) The policy required by subsection (3) must be in writing and must include
(a) a commitment that the employer will eliminate or reduce the risk of violence at the work site;
(b) the identification of the work site or work sites where violence has occurred or could reasonably be expected to occur;
(c) the identification of staff positions at the work site that were, or could reasonably be expected to be, exposed to violence;
(d) the procedure to be followed by the employer to inform workers of the nature and extent of risk from violence, including information in the employer’s possession about the risk of violence from individuals who have a history of violent behaviour and whom workers are likely to encounter in the course of their work, unless the disclosure is prohibited by law;
(e) the actions the employer will take to eliminate or reduce the risk of violence, including the use of personal protective equipment, administrative arrangements and engineering controls;
(f) the procedure to be followed by a worker who is exposed to violence to report the incident to the employer;
(g) the procedure the employer will follow to document and investigate violence reported under paragraph (f);
(h) a recommendation that a worker who has been exposed to violence consult the worker’s physician for treatment or referral for post-incident counselling;
(i) the employer’s commitment to provide training programs for workers that include
(i) the means to recognize potentially violent situations,
(ii) procedures, work practices, administrative arrangements and engineering controls to eliminate or reduce the risk of violence to workers,
(iii) the appropriate responses of workers to violence, including how to obtain assistance, and
(iv) procedures for reporting violence.
(5) If a worker receives treatment or counselling referred to in paragraph (4)(h) or attends a training program referred to in paragraph (4)(i), the employer shall ensure that the time spent receiving treatment or counselling or attending training is credited to the worker as time at work, and that the worker does not lose pay or benefits with respect to that time.
(6) An employer shall make a copy of the policy required under subsection (3) readily available to workers.
(7) An employer shall ensure that the policy required under subsection (3) is reviewed and, if necessary, revised not less than once every three years or whenever there is a change of circumstances that could affect the health or safety of workers.
Section 36 Late night premises
36. (1) In this section, "late night retail premises" means a work site that is open to the public between the hours of 11:00 p.m. and 6:00 a.m. for the purposes of making retail sales to consumers.
(2) An employer of workers at a late night retail premises shall
(a) conduct a work site hazard assessment in accordance with an approved industry standard; and
(b) review and, if necessary, revise the work site hazard assessment not less than once every three years and whenever there is a change of circumstances that could affect the health or safety of workers.
(3) An employer of workers at a late night retail premises shall implement the following security measures:
(a) the development of written safe cash handling procedures that minimize the amount of money that is readily accessible to workers in the establishment;
(b) the use of video cameras that capture key areas in the work site including cash desks and outdoor gas pumps, if applicable;
(c) the establishment of measures to ensure good visibility into and out of the premises;
(d) the placement of signs to indicate
(i) the workers’ limited access to cash and valuables, and
(ii) the use of video cameras on the premises.
(4) An employer of workers at a late night retail premises between the hours of 11:00 p.m. and 6:00 a.m. shall
(a) implement a check-in system and a written check-in procedure for the workers; and
(b) provide a personal emergency transmitter to be worn by the workers that signals for emergency response when activated.
Part 5 FIRST AID
Section 54 Application
54. This Part does not apply to a hospital, medical clinic, medical professional’s office, nursing home or other health care facility as defined in section 463, where a medical professional is readily available.
[R-012-2020, s. 9]
Section 55 Provision of first aid
55. (1) Subject to section 58, an employer shall
(a) provide the first aid attendants, supplies, equipment, facilities and transportation required by this Part
(i) to render prompt and appropriate first aid to workers, and
(ii) to render prompt and appropriate transportation for injured workers to the nearest appropriate medical facility or hospital;
(b) review the provisions of this Part in consultation with the Committee or representative or, if there is no Committee or representative available, the workers; and
(c) ensure that, where a worker could be entrapped or incapacitated in a situation that could be dangerous to an individual involved in the rescue of the worker,
(i) an effective written procedure for the rescue of the worker is developed, and
(ii) appropriate first aid attendants and rescue equipment are provided.
(2) Subject to section 58, if the provisions of this Part are not adequate to render prompt and appropriate first aid to workers, including prompt and appropriate first aid to workers who could be injured by specific hazards that are or could be present at a work site, which have been identified through a first aid risk assessment, an employer shall provide any additional first aid attendants, supplies, equipment, facilities and transportation required to render prompt and appropriate first aid to workers.
[R-012-2020, s. 9]
Section 56 CSA First Aid Kits Standard
56. The CSA First Aid Kits Standard is adopted, subject to any modifications contained in this Part.
[R-012-2020, s. 9]
Section 57 First aid risk assessment
57. (1) An employer shall ensure that a first aid risk assessment is carried out in respect of each work site, in accordance with the CSA First Aid Kits Standard, to determine the first aid attendants, supplies, equipment, facilities and transportation required
(a) to render prompt and appropriate first aid to workers; and
(b) to render prompt and appropriate transportation for injured workers to the nearest appropriate medical facility or hospital.
(2) An employer shall ensure that a competent individual carries out a first aid risk assessment in consultation with the Committee or representative or, if no Committee or representative is available, the workers.
(3) At a minimum, a first aid risk assessment must include
(a) an identification of hazards that are or could be present at the work site;
(b) an assessment of
(i) the types of injuries that could occur,
(ii) the likelihood of the occurrence of injury, and
(iii) the potential severity of that injury;
(c) an assessment of any barriers to first aid being provided to a worker;
(d) an assessment of the time that may be required to obtain transportation and to transport an injured worker to the nearest appropriate medical facility or hospital;
(e) a determination of the risk level of the work site;
(f) a determination of the first aid attendants, supplies, equipment, facilities and transportation required to render prompt and appropriate first aid to workers;
(g) an assessment of whether the provisions of this Part are adequate to render prompt and appropriate first aid to workers, including an assessment of
(i) whether the minimum requirements in respect of the type, number and size of first aid kits that must be provided at or near the work site, as set out in Schedule B, C or D, are adequate, and
(ii) whether the minimum requirements in respect of the number of first aid attendants that must be provided for the work site, and in respect of the qualifications of those attendants, as set out in Schedule H, are adequate;
(h) if the provisions of this Part are not adequate to render prompt and appropriate first aid to workers, a determination of any additional first aid attendants, supplies, equipment, facilities and transportation required to render prompt and appropriate first aid to workers; and
(i) a determination of the first aid attendants, supplies, equipment, facilities and transportation required to render prompt and appropriate transportation for injured workers to the nearest appropriate medical facility or hospital.
(4) For greater certainty, an assessment under subparagraph (3)(g)(i) must include an assessment of whether the minimum requirements in respect of the contents of any first aid kit required by this Part, as set out in Schedule E, F or G, are adequate.
(5) An employer shall ensure that a first aid risk assessment carried out under subsection (1) includes a consideration of each type of work that is or is intended to be carried on at the work site.
(6) If a work site is determined to have more than one risk level, the highest risk level applies to the work site for the purposes of these regulations.
(7) An employer shall ensure that a first aid risk assessment is reviewed and, if necessary, revised
(a) at periodic intervals that are appropriate for the risk level of the work site; and
(b) whenever there is a change of circumstances that could affect the risk level of the work site.
(8) Subject to section 4 of these regulations, if two or more employers have charge of an establishment, the requirements of this section are meant to be imposed primarily on the principal contractor as described in section 4 of the Act or, if there is no principal contractor, on the employer with the greatest degree of control over the work site.
[R-012-2020, s. 9]
Section 58 Multiple employers
58. (1) If there are multiple employers at a work site,
(a) the employers may agree in writing to provide collectively the first aid attendants, supplies, equipment, facilities and transportation for injured workers required by this Part; or
(b) a safety officer may require the employers to provide collectively the first aid attendants, supplies, equipment, facilities and transportation for injured workers required by this Part.
(2) If paragraph (1)(a) or (b) applies, the total number of workers of all employers at the work site is deemed to be the number of workers at the work site.
[R-012-2020, s. 9]
Section 59 First aid kits
59. (1) An employer shall, for each work site, provide, maintain and keep readily accessible the type, number and size of first aid kits meeting the requirements set out in the CSA First Aid Kits Standard, subject to any modifications contained in this Part.
(2) An employer shall ensure that each worker is aware of the location of all first aid kits provided for the work site and any associated supplies or equipment.
(3) At a minimum an employer shall provide, at or near a low risk work site, the type, number and size of first aid kits set out in Schedule B for the number of workers at the work site at any one time.
(4) At a minimum an employer shall provide, at or near a moderate risk work site, the type, number and size of first aid kits set out in Schedule C for the number of workers at the work site at any one time.
(5) At a minimum an employer shall provide, at or near a high risk work site, the type, number and size of first aid kits set out in Schedule D for the number of workers at the work site at any one time.
[R-012-2020, s. 9]
Section 60 First aid attendants
60. (1) An employer shall ensure that a first aid attendant required by these regulations holds a valid
(a) intermediate first aid qualification; or
(b) advanced first aid qualification.
(2) At a minimum, an employer shall provide for a work site, the number of first aid attendants set out in Schedule H, holding the first aid qualifications set out in that schedule, for
(a) the risk level of the work site; and
(b) the number of workers at the work site at any one time.
(3) An employer shall ensure that a first aid attendant required under subsection (2) is readily available during working hours.
(4) An employer shall
(a) allow a first aid attendant and any other worker that the first aid attendant needs for assistance, to render prompt and appropriate first aid to a worker; and
(b) ensure that the first aid attendant and any other worker assisting the first aid attendant have adequate time, with no loss of pay or benefits, to provide first aid.
(5) A person who on the coming into force of this section holds a "Level 1 qualification" as defined in section 1 of these regulations as that section read immediately before the coming into force of this section, that is valid in accordance with section 59 of these regulations as that section read immediately before the coming into force of this section, is deemed to be the holder of a valid intermediate first aid qualification for the purposes of these regulations until the Level 1 qualification expires or is terminated.
(6) A person who on the coming into force of this section holds a "Level 2 qualification" as defined in section 1 of these regulations as that section read immediately before the coming into force of this section, that is valid in accordance with section 59 of these regulations as that section read immediately before the coming into force of this section, is deemed to be the holder of a valid advanced first aid qualification for the purposes of these regulations until the Level 2 qualification expires or is terminated.
[R-012-2020, s. 9]
Section 61 First aid station
61. (1) An employer shall, at each work site, provide and maintain a readily accessible first aid station that contains
(a) a first aid kit of the type and size required for the work site under this Part;
(b) an appropriate first aid manual; and
(c) any other supplies and equipment required by these regulations.
(2) An employer shall ensure that
(a) the location of a first aid station is clearly and conspicuously identified; and
(b) at each first aid station, an appropriate emergency procedure is prominently displayed that includes
(i) an emergency telephone number list and other instructions for reaching
(A) the nearest fire and police service,
(B) an ambulance service, or other transportation, meeting the requirements of section 65,
(C) the nearest appropriate medical facility or hospital, and
(D) any other nearest appropriate service, and
(ii) any written rescue procedure required by subparagraph 55(c)(i).
[R-012-2020, s. 9]
Section 62 First aid room
62. If there are likely to be 100 or more workers working at an isolated work site at any one time, an employer shall provide a first aid room that
(a) is of adequate size, is clean and is provided with adequate lighting, ventilation and heating;
(b) is equipped with
(i) a permanently installed sink, with hot and cold water,
(ii) the first aid supplies and equipment and the documents required by this Part, and
(iii) a cot or bed with pillows;
(c) is under the charge of a first aid attendant with the qualifications required by this Part, who is readily available during working hours; and
(d) is used exclusively for the purposes of administering first aid.
[R-012-2020, s. 9]
Section 63 First aid register
63. An employer shall ensure that
(a) each first aid station and first aid room is provided with a first aid register;
(b) the particulars of first aid treatments administered or cases referred to medical attention are recorded in the first aid register;
(c) the first aid register is readily available for inspection by the Committee or representative; and
(d) a first aid register that is no longer in use is retained for a period of not less than three years after the day on which the register ceased to be used.
[R-012-2020, s. 9]
Section 64 Workers being transported
64. An employer shall ensure that a vehicle used by the employer for the purpose of transporting workers, or a vehicle under the employer’s control and used for that purpose,
(a) is equipped with a Type 2 first aid kit, and any additional supplies and equipment required to render prompt and appropriate first aid to the workers, that are readily available to the workers during transportation;
(b) is equipped with an emergency telephone number list and other instructions for reaching
(i) the nearest fire and police service,
(ii) an ambulance service, or other transportation, meeting the requirements of section 65,
(iii) the nearest appropriate medical facility or hospital, and
(iv) any other nearest appropriate service; and
(c) is equipped, if reasonably possible, with a means of communication that permits contact with the work site and with the services referred to in subparagraphs (b)(i) to (iv).
[R-012-2020, s. 9]
Section 65 Transportation of injured workers
65. (1) An employer shall ensure that a prompt and appropriate means of transportation for injured workers to the nearest appropriate medical facility or hospital is available.
(2) The following meet the requirements of subsection (1):
(a) an ambulance service that is within 30 minutes’ travel time from the ambulance base to the work site under normal travel conditions;
(b) the nearest appropriate means of transportation, having regard to the distance to be travelled and a first aid risk assessment of the work site, that
(i) affords protection against the weather,
(ii) is equipped, if reasonably possible, with a means of communication that permits contact with the work site and with the medical facility or hospital to which the injured worker is being transported,
(iii) is equipped with any supplies and equipment required to render prompt and appropriate first aid to the injured worker, that are readily available to the worker or to any first aid attendant accompanying the worker during transportation, and
(iv) is capable of accommodating and securing an occupied stretcher, if it has been determined through a first aid risk assessment that a stretcher is required for the work site.
(3) An employer shall provide a means of communication to summon the transportation required by subsection (1).
(4) An employer shall ensure that an injured worker is accompanied by a first aid attendant during transportation if the worker is seriously injured or, in the opinion of a first aid attendant, the worker needs to be accompanied during transportation.
(5) If transportation by aircraft is the normal or only method for transporting an injured worker, an employer shall ensure that all of the following requirements are met:
(a) before the start of operations at a work site, arrangements must be made with an air service to ensure that an appropriate aircraft is available to the work site during those operations;
(b) the arrangements in paragraph (a) must include procedures for
(i) the employer to determine the availability of appropriate aircraft before the start of each work day, and
(ii) the air service to notify the employer if an appropriate aircraft ceases to be available;
(c) a means of communication must be provided that permits contact between a pilot of the aircraft and a first aid attendant attending to the injured worker when the aircraft is in transit to the location of the injured worker and during transportation of the injured worker to a medical facility or hospital;
(d) the first aid attendants, supplies, equipment and facilities available at the work site must be sufficient to render prolonged appropriate first aid to injured workers if weather conditions prohibit aircraft from reaching the work site.
[R-012-2020, s. 9]
Section 66 Asphyxiation and poisoning
66. If a worker is at risk of asphyxiation or poisoning, the employer shall ensure that reasonable emergency arrangements are made, prior to commencement of the work, for the rescue of the worker and for the prompt provision of antidotes, supportive measures, first aid, medical attention and any other arrangements that are appropriate to eliminate or reduce the risk to the health and safety of the worker.
Section 67 Additional provisions
67. A safety officer may require an employer to take additional measures beyond what is required in this Part for first aid and emergency arrangements at a work site to be adequate if, in the opinion of the safety officer, first aid and emergency arrangements at a work site are inadequate.
Part 26 FIRE AND EXPLOSION HAZARDS
Section 394 Fire safety plan
394. (1) An employer shall
(a) take reasonable steps to prevent the outbreak of fire at a work site and to provide effective means to protect workers from a fire that could occur; and
(b) develop and implement a written fire safety plan that provides for the safety of workers in the event of a fire.
(2) A fire safety plan developed under subsection (1) must include
(a) emergency procedures to be used in case of fire, including
(i) sounding the fire alarm,
(ii) notifying the fire department, and
(iii) evacuating endangered workers, with special provisions for workers with disabilities;
(b) quantities, locations and storage methods of flammable substances present at the work site;
(c) provisions that designate individuals to carry out the plan and the duties of those individuals;
(d) provisions that outline the training of individuals designated under paragraph (c) and of workers in their responsibilities for fire safety;
(e) provisions that indicate when fire drills are held; and
(f) provisions that outline how fire hazards are controlled.
(3) An employer shall ensure that
(a) individuals designated under paragraph (2)(c) and workers who have been assigned fire safety duties are adequately trained in, and implement, the fire safety plan;
(b) the fire safety plan is posted in a conspicuous place for reference by workers; and
(c) a fire drill is held not less than once a year.
Section 395 Fire extinguishers
395. (1) An employer shall ensure that portable fire extinguishers are selected, located, inspected, maintained and tested so that the health and safety of workers at the work site is protected.
(2) An employer shall ensure that portable fire extinguishers are placed not more than 9 m from
(a) an industrial open-flame portable heating device, tar pot or asphalt kettle that is in use; and
(b) a welding or cutting operation that is in progress.
SAFETY ACT
R.S.N.W.T. 1988, c. S-1
HEALTH AND SAFETY
Section 4 Duty of employer
4. (1) Every employer shall
(a) maintain his or her establishment in such a manner that the health and safety of persons in the establishment are not likely to be endangered;
(b) take all reasonable precautions and adopt and carry out all reasonable techniques and procedures to ensure the health and safety of every person in his or her establishment; and
(c) provide the first aid service requirements set out in the regulations pertaining to his or her class of establishment.
(2) If two or more employers have charge of an establishment, the principal contractor or, if there is no principal contractor, the owner of the establishment, shall coordinate the activities of the employers in the establishment to ensure the health and safety of persons in the establishment.
[S.N.W.T. 2003, c. 25, s. 3]
Section 5 Duty of worker
5. Every worker employed on or in connection with an establishment shall, in the course of his or her employment,
(a) take all reasonable precautions to ensure his or her own safety and the safety of other persons in the establishment; and
(b) as the circumstances require, use devices and articles of clothing or equipment that are intended for his or her protection and provided to the worker by his or her employer, or required pursuant to the regulations to be used or worn by the worker.
Occupational Health and Safety Regulations
R-003-2016
Part 3 GENERAL DUTIES
Section 12 General Duties of Employers
12. An employer shall, in respect of a work site,
(a) provide and maintain systems of work and working environments that ensure, as far as is reasonably possible, the health and safety of workers;
(b) arrange for the use, handling, storage and transport of articles and substances in a manner that protects the health and safety of workers;
(c) provide information, instruction, training and supervision that is necessary to protect the health and safety of workers; and
(d) provide and maintain a safe means of entrance to and exit from the work site.
Section 13 General duties of workers
13. A worker shall, in respect of a work site,
(a) use safeguards, safety equipment and personal protective equipment required by these regulations; and
(b) follow safe work practices and procedures required by or developed under these regulations.
Section 14 Young persons
14. (1) An employer shall ensure that an individual under 16 years of age is not required or permitted to work
(a) on a construction site;
(b) in a production process at a pulp mill, saw mill or woodworking establishment;
(c) in a production process at a smelter, foundry, refinery or metal processing or fabricating operation;
(d) in a confined space;
(e) in a forestry or logging operation;
(f) as an operator of powered mobile equipment, a crane or a hoist;
(g) where exposure to a chemical or biological substance is likely to endanger the health or safety of the individual; or
(h) in power line construction or maintenance.
(2) An employer shall ensure that an individual under 18 years of age is not required or permitted to work
(a) as an occupational worker as defined in section 339;
(b) in an asbestos process as defined in section 364;
(c) in a silica process as defined in section 380; or
(d) in an activity requiring the use of an atmosphere-supplying respirator.
Section 15 Duty of principal contractor to inform
15. The principal contractor or, if there is no principal contractor, an employer, shall give notice in writing to each other employer and worker at a work site, setting out
(a) the name of the individual who is supervising the work on behalf of the principal contractor or employer;
(b) emergency facilities available for use by workers;
(c) if a Committee is established under section 37, the existence of the Committee at the work site and the means to contact the Committee; and
(d) if a representative is designated under section 39, the identity of the representative at the work site and the means to contact him or her.
Section 16 Supervision of work
16. (1) An employer shall ensure that, at a work site,
(a) work is sufficiently and competently supervised;
(b) supervisors have sufficient knowledge of the following:
(i) any occupational health and safety program applicable to workers supervised at the work site,
(ii) the safe handling, use, storage, production and disposal of hazardous substances,
(iii) the need for, and safe use of, personal protective equipment,
(iv) emergency procedures required by these regulations,
(v) any other matters that are necessary to ensure the health and safety of workers;
(c) supervisors have completed an approved regulatory familiarization program; and
(d) supervisors comply with the Act and these regulations.
(2) A supervisor shall ensure that workers comply with the Act and these regulations as they apply to the work site.
Section 17 Duty to inform workers
17. An employer shall ensure that workers
(a) are informed of the provisions of the Act and these regulations as they apply to the work site; and
(b) comply with the Act and these regulations.
Section 18 Training of workers
18. (1) An employer shall ensure that a worker is trained in matters necessary to protect the health and safety of workers at a work site when
(a) the worker begins work at the work site; and
(b) the worker is moved from one work activity or work site to another that differs from the old work site with respect to hazards, equipment, facilities or procedures.
(2) The training required by subsection (1) must include (a)
(a) procedures to be taken in the event of a fire or other emergency;
(b) the location of first aid facilities;
(c) identification of prohibited or restricted areas;
(d) precautions to be taken for the protection of workers from hazardous substances;
(e) procedures, plans, policies and programs that apply to work at the work site; and
(f) any other matters that are necessary to ensure the health and safety of workers at the work site.
(3) An employer shall ensure that time spent by a worker in the training required by subsection (1) is credited to the worker as time at work, and that he or she does not lose pay or benefits with respect to that time.
(4) An employer shall ensure that a worker is not required or permitted to work unless he or she
(a) is a competent worker; or
(b) is under close and competent supervision.
Section 19 Workers' contacts with safety officers
19. (1) During an inspection or inquiry by a safety officer at a work site, an employer shall allow any one of the following to accompany the safety officer:
(a) a member of the Committee who, under paragraph 38(a) represents workers or, if such a member is not available, a worker designated by the Committee to represent workers;
(b) the representative or, if he or she is not available, a worker designated by the representative to represent workers;
(c) if there is no Committee member or representative available, a worker designated by the trade union representing workers or if there is no trade union representing workers, a worker designated by a safety officer.
(2) An employer shall allow any worker to consult with a safety officer during an inspection or inquiry at a work site.
(3) An employer shall ensure that the time a worker consults with or accompanies a safety officer during an inspection or inquiry is credited as time at work, and that he or she does not lose pay or benefits.
Section 20 Biological monitoring
20. (1) In this section, "biological monitoring" means measuring, through the assessment of biological specimens collected from a worker, the worker’s total exposure to a hazardous substance present at a work site.
(2) If a worker is the subject of biological monitoring, an employer shall ensure that
(a) the worker is informed of the purposes and the results of the biological monitoring;
(b) at the worker’s request, the detailed results of the biological monitoring are made available to a medical professional, or individual of similar standing under an enactment of a jurisdiction outside Nunavut, who is specified by the worker; and
(c) the aggregate results of the biological monitoring are given to the Committee or representative.
(3) The results of biological monitoring carried out under subsection (2) are deemed to be information of a personal medical nature under subsection 10(1).
Section 21 Occupational health and safety program
21. (1) An employer shall provide an occupational health and safety program under this section if
(a) there are 20 or more workers who work at the work site; or
(b) the employer is so directed by the Chief Safety Officer.
(2) An occupational health and safety program for a work site must include
(a) a statement of the employer’s policy with respect to the protection and maintenance of the health and safety of workers;
(b) an identification of hazards that could endanger workers at the work site, through a hazard recognition program;
(c) measures, including procedures to respond to an emergency, that will be taken to reduce, eliminate and control the hazards identified under paragraph (b);
(d) an identification of internal and external resources, including personnel and equipment, that could be required to respond to an emergency;
(e) a statement of the responsibilities of the employer, the supervisors and the workers;
(f) a schedule for the regular inspection of the work site and inspection of work processes and procedures;
(g) a plan for the control of hazardous substances handled, used, stored, produced or disposed of at the work site and, if appropriate, the monitoring of the work environment;
(h) a plan for training workers and supervisors in safe work practices and procedures, including procedures, plans, policies or programs that the employer is required to develop;
(i) a procedure for the investigation of refusals to work under section 13 of the Act;
(j) a strategy for worker participation in occupational health and safety activities, including audit inspections and investigations of refusals to work under section 13 of the Act; and
(k) a procedure to review and, if necessary, revise the occupational health and safety program not less than once every three years or whenever there is a change of circumstances that could affect the health or safety of workers.
(3) An occupational health and safety program must be implemented and updated in consultation with
(a) the Committee or representative; and
(b) the workers.
(4) An occupational health and safety program required under this section must be in writing and made available to the workers.
Section 22 Examination of plant
22. (1) An employer shall arrange for the regular examination of a plant to ensure that, to the extent that is reasonably possible, the plant is capable of
(a) withstanding the stress likely to be imposed on it; and
(b) safely performing the functions for which the plant is used.
(2) An employer shall, as soon as is reasonably possible, correct an unsafe condition found in a plant and take reasonable steps, until the unsafe condition is corrected, to protect the health and safety of workers who could be endangered.
Section 23 Identifying mark of approved equipment
23. (1) This section applies in respect of equipment and personal protective equipment that is required by these regulations to be approved by an agency.
(2) An employer or supplier shall ensure that the approval of equipment and personal protective equipment by an agency is evidenced by a seal, stamp, logo or similar identifying mark of the agency indicating such approval, affixed on
(a) the equipment or personal protective equipment; or
(b) the packaging accompanying the equipment or personal protective equipment.
Section 24 Maintenance and repair of equipment
24. (1) An employer shall ensure that equipment is maintained at intervals that are sufficient to ensure the safe functioning of the equipment.
(2) If a defect is found in equipment, an employer shall ensure that, as soon as is reasonably possible,
(a) steps are taken, until the defect is corrected, to protect the health and safety of workers who could be endangered; and
(b) the defect is corrected by a competent worker or the equipment is replaced.
(3) A worker who knows or has reason to believe that equipment under his or her control is in an unsafe condition shall, as soon as is reasonably possible,
(a) report the condition of the equipment to the employer; and
(b) repair the equipment, if the worker is authorized and competent to do so, or replace the equipment or remove the equipment from service.
Section 25 Boilers and pressure vessels
25. An employer shall ensure that boilers or pressure vessels used at a work site are properly constructed and maintained, even if there is no requirement to inspect or register them under the Boilers and Pressure Vessels Act.
Section 26 Prohibited use of compressed air
26. An employer shall ensure that no compressed air is directed towards a worker for
(a) the purpose of cleaning clothing or personal protective equipment; or
(b) any other purpose, if the use of compressed air could cause dispersion into the air of contaminants that could be harmful to workers.
Section 27 Inspection of work sites
27. (1) An employer shall enable members of the Committee or a representative to inspect a work site at reasonable intervals determined by the Committee and employer or by the representative and employer.
(2) On written notice by the Committee or representative of an unsafe condition or a contravention of the Act or these regulations, the employer shall, as soon as is reasonably possible,
(a) take steps, until the unsafe condition is corrected or the contravention is remedied, to protect the health and safety of workers who could be endangered;
(b) take suitable action to correct the unsafe condition or remedy the contravention; and
(c) inform the Committee or representative in writing
(i) of the steps and action the employer has taken or will take under paragraphs (a) and (b), or
(ii) if the employer has not taken steps and action under paragraphs (a) and (b), the reasons for not taking steps or action.
Section 28 Investigation of certain accidents
28. (1) Subject to section 29, an employer shall ensure that an accident causing serious bodily injury or a dangerous occurrence is investigated as soon as is reasonably possible
(a) by the Committee and employer or by the representative and the employer; or
(b) if no Committee or representative is available, by the employer.
(2) After the investigation of an accident causing serious bodily injury or a dangerous occurrence, an employer shall, in consultation with the Committee or representative or, if no Committee or representative is available, the workers, prepare a written report that includes
(a) a description of the accident or occurrence;
(b) graphics, photographs, video or other evidence that could assist in determining the causes of the accident or occurrence;
(c) identification of unsafe conditions, acts, omissions or procedures that contributed to the accident or occurrence;
(d) an explanation of the causes of the accident or occurrence;
(e) a description of the immediate corrective action taken; and
(f) a description of long-term actions that will be taken to prevent the happening of a similar accident or dangerous occurrence, or the reasons for not taking action.
Section 29 Preserving scene of accident causing death
29. (1) Unless expressly authorized by statute or by subsection (2), a person shall not, other than for the purpose of saving life or relieving human suffering, interfere with, destroy, carry away or alter the position of wreckage, equipment, articles, documents or other things at the scene of, or connected with, an accident causing a death until a safety officer has completed an investigation of the circumstances surrounding the accident.
(2) If an accident causing a death occurs and a safety officer is not able to complete an investigation of the circumstances surrounding the accident, the safety officer may, unless prohibited by statute, grant permission to move wreckage, equipment, articles, documents or other things at the scene or connected with the accident, to an extent that is necessary to allow work to proceed, if he or she is satisfied that
(a) graphics, photographs, video or other evidence showing details at the scene of the accident are made or taken before granting permission; and
(b) a member of the Committee or the representative, if available, has inspected the site of the accident and agreed that the things may be moved
Section 30 Injuries requiring medical treatment
30. An employer shall
(a) report to the Committee or representative any lost-time injury at the work site that results in a worker receiving medical treatment; and
(b) allow the Committee or representative or, if no Committee or representative is available, the workers, a reasonable opportunity to review the lost-time injury report during normal working hours and without loss of pay or benefits.
Section 31 Work if visibility restricted
31. If visibility in an area at a work site is restricted by smoke, steam or another substance to the extent that a worker is endangered, an employer shall not require or permit the worker to work in that area unless the employer provides the worker with an effective means of communication with another worker who is readily available to provide assistance in an emergency.
Section 32 Work on ice over water
32. (1) This section does not apply to
(a) highways built and maintained by the Department of Economic Development and Transportation; or
(b) roads that are built and maintained to an approved standard.
(2) Before a worker is required or permitted to work or travel on ice that is over water or over other material into which a worker could sink more than 1 m, an employer shall have the ice tested to ensure that the ice will support the load that the work or travel will place on the ice.
(3) The requirement of subsection (2) may be waived by the Chief Safety Officer if an employer or worker satisfies the Chief Safety Officer that other measures have been taken to eliminate or reduce the risk to the worker should the ice fail to support the load. Working
Section 33 Working alone or at isolated work site
33. (1) In this section, "work alone" means to work at a work site as the only worker at that work site, in circumstances where assistance is not readily available in the event of injury, ill health or emergency.
(2) If a worker is required or permitted to work alone or at an isolated work site, an employer, in consultation with the Committee or representative or, if no Committee or representative is available, the worker and other workers, shall identify the hazards arising from the conditions and circumstances of that work.
(3) An employer shall take reasonable measures to eliminate or reduce the risks posed by the hazards identified under subsection (2), including the establishment of an effective communication system that consists of
(a) radio communication;
(b) phone or cellular phone communication; or
(c) any other means that provides effective communication considering the risks involved.
Section 34 Harassment
34. (1) In this section, "harassment" means, subject to subsections (2) and (3), a course of vexatious comment or conduct at a work site that
(a) is known or ought reasonably to be known to be unwelcome; and
(b) constitutes a threat at the work site to the health or safety of a worker.
(2) To constitute harassment for the purposes of subsection (1), any one of the following must have occurred:
(a) repeated conduct, comments, displays, actions or gestures; or
(b) a single, serious occurrence of conduct, or a single, serious comment, display, action or gesture, that has a lasting, harmful effect on the worker’s health or safety.
(3) For the purpose of subsection (1), harassment does not include reasonable action taken by an employer or supervisor relating to the management and direction of the workers or of the work site.
(4) An employer shall, in consultation with the Committee or representative, or, if no Committee or representative is available, the workers, develop and implement a written policy that includes
(a) a definition of harassment that is consistent with subsections (1), (2) and (3);
(b) a statement that each worker is entitled to work free of harassment;
(c) a commitment that the employer will make every reasonable effort to ensure that workers are not subjected to harassment;
(d) a commitment that the employer will take corrective action respecting any individual who subjects any worker to harassment;
(e) an explanation of how harassment complaints may be brought to the attention of the employer;
(f) a statement that the employer will not disclose the name of a complainant or an alleged harasser or the circumstances relating to the complaint to a person unless disclosure is
(i) necessary for the purposes of investigating the complaint or taking corrective action with respect to the complaint, or
(ii) required by law;
(g) a description of the procedure that the employer will follow to inform a complainant and alleged harasser of the results of an investigation; and
(h) a statement that the employer’s harassment policy is not intended to discourage or prevent a complainant from exercising other legal rights.
(5) An employer shall make readily available to workers a copy of the policy required under subsection (4).
Section 35 Violence
35. (1) In this section, "violence" means attempted, threatened or actual conduct of an individual that causes or is likely to cause injury, such as a threatening statement or behaviour that gives a worker a reasonable belief that he or she is at risk of injury.
(2) For the purposes of this section, work sites where violence may reasonably be expected to occur include work sites that provide the following services or activities:
(a) services provided by health care facilities as defined in section 463;
(b) pharmaceutical dispensing services;
(c) educational services;
(d) police services;
(e) corrections services;
(f) other law enforcement services;
(g) security services;
(h) crisis intervention and counselling services;
(i) financial services;
(j) the sale of alcoholic beverages or the provision of premises for the consumption of alcoholic beverages;
(k) taxi services;
(l) transit services.
(3) An employer shall, at a work site where violence has occurred or could reasonably be expected to occur, after consultation with the Committee or representative or, if no Committee or representative is available, the workers, develop and implement a written policy to deal with potential violence.
(4) The policy required by subsection (3) must be in writing and must include
(a) a commitment that the employer will eliminate or reduce the risk of violence at the work site;
(b) the identification of the work site or work sites where violence has occurred or could reasonably be expected to occur;
(c) the identification of staff positions at the work site that were, or could reasonably be expected to be, exposed to violence;
(d) the procedure to be followed by the employer to inform workers of the nature and extent of risk from violence, including information in the employer’s possession about the risk of violence from individuals who have a history of violent behaviour and whom workers are likely to encounter in the course of their work, unless the disclosure is prohibited by law;
(e) the actions the employer will take to eliminate or reduce the risk of violence, including the use of personal protective equipment, administrative arrangements and engineering controls;
(f) the procedure to be followed by a worker who is exposed to violence to report the incident to the employer;
(g) the procedure the employer will follow to document and investigate violence reported under paragraph (f);
(h) a recommendation that a worker who has been exposed to violence consult the worker’s physician for treatment or referral for post-incident counselling;
(i) the employer’s commitment to provide training programs for workers that include
(i) the means to recognize potentially violent situations,
(ii) procedures, work practices, administrative arrangements and engineering controls to eliminate or reduce the risk of violence to workers,
(iii) the appropriate responses of workers to violence, including how to obtain assistance, and
(iv) procedures for reporting violence.
(5) If a worker receives treatment or counselling referred to in paragraph (4)(h) or attends a training program referred to in paragraph (4)(i), the employer shall ensure that the time spent receiving treatment or counselling or attending training is credited to the worker as time at work, and that the worker does not lose pay or benefits with respect to that time.
(6) An employer shall make a copy of the policy required under subsection (3) readily available to workers.
(7) An employer shall ensure that the policy required under subsection (3) is reviewed and, if necessary, revised not less than once every three years or whenever there is a change of circumstances that could affect the health or safety of workers.
Section 36 Late night premises
36. (1) In this section, "late night retail premises" means a work site that is open to the public between the hours of 11:00 p.m. and 6:00 a.m. for the purposes of making retail sales to consumers.
(2) An employer of workers at a late night retail premises shall
(a) conduct a work site hazard assessment in accordance with an approved industry standard; and
(b) review and, if necessary, revise the work site hazard assessment not less than once every three years and whenever there is a change of circumstances that could affect the health or safety of workers.
(3) An employer of workers at a late night retail premises shall implement the following security measures:
(a) the development of written safe cash handling procedures that minimize the amount of money that is readily accessible to workers in the establishment;
(b) the use of video cameras that capture key areas in the work site including cash desks and outdoor gas pumps, if applicable;
(c) the establishment of measures to ensure good visibility into and out of the premises;
(d) the placement of signs to indicate
(i) the workers’ limited access to cash and valuables, and
(ii) the use of video cameras on the premises.
(4) An employer of workers at a late night retail premises between the hours of 11:00 p.m. and 6:00 a.m. shall
(a) implement a check-in system and a written check-in procedure for the workers; and
(b) provide a personal emergency transmitter to be worn by the workers that signals for emergency response when activated.
Part 5 FIRST AID
Section 54 Interpretation
54. In this Part,
"close" means, in relation to a work site, a work site no more than 30 minutes’ travel time from a hospital or medical facility under normal travel conditions using available means of transportation;
"distant" means, in relation to a work site, a work site that is between 30 minutes’ and two hours’ travel time from a hospital or medical facility under normal travel conditions using available means of transportation;
"medical facility" means a medical clinic or office where a medical professional is readily available.
Section 55 Application
55. This Part does not apply to
(a) a hospital, medical clinic, medical professional’s office, nursing home or other health care facility as defined in section 463, where a medical professional is readily available; or
(b) a close work site at which the work performed is entirely of an administrative, professional or clerical nature that does not require substantial physical exertion or exposure to potentially hazardous conditions, work processes or substances.
Section 56 Provision of first aid
56. Subject to section 57, an employer shall
(a) provide the first aid attendants, supplies, equipment, facilities and transportation required by this Part to render prompt and appropriate first aid to workers at a work site;
(b) review the provisions of this Part in consultation with the Committee or representative or, if there is no Committee or representative available, the workers;
(c) if the provisions of this Part are not adequate to meet a specific hazard at a work site, provide additional first aid attendants, supplies, equipment and facilities that are appropriate for the hazard; and
(d) ensure that, where a worker could be entrapped or incapacitated in a situation that could be dangerous to an individual involved in the rescue operation,
(i) an effective written procedure for the rescue of the worker is developed, and
(ii) suitable first aid attendants and rescue equipment are provided.
Section 57 Multiple employers
57. (1) If there are multiple employers at a work site,
(a) the employers may agree in writing to provide collectively the first aid attendants, supplies, equipment, facilities and transportation for injured workers required by this Part; or
(b) a safety officer may require the employers to provide collectively the first aid attendants, supplies, equipment, facilities and transportation for injured workers required by this Part.
(2) If subsection (1) applies, the total number of workers of all employers at the work site is deemed to be the number of workers at the work site.
Section 58 First aid attendants
58. (1) An employer shall provide the first aid attendants and supplies as summarized in Schedule G for
(a) the distance of the work site to the nearest medical facility; and
(b) the number of workers at the work site at any one time.
(2) An employer shall ensure that a first aid attendant required by these regulations has
(a) a Level 1 qualification as set out in Schedule A; or
(b) a Level 2 qualification as set out in Schedule B.
(3) If rescue personnel are required by these regulations to be provided at a work site, the employer shall ensure that not less than one first aid attendant with a Level 1 qualification is readily available during working hours, in addition to what is required under subsection (1).
(4) Despite any other provision of this Part, if an employer provides lodging for workers at or near a distant or isolated work site, the employer shall provide the first aid attendants, supplies, equipment and facilities set out in Schedules G, H, I and J based on the total number of workers at or near the work site, whether or not the workers are all working at any one time.
(5) An employer shall
(a) allow a first aid attendant and any other worker that the first aid attendant needs for assistance, to provide prompt and adequate first aid to a worker who has been injured or taken ill; and
(b) ensure that the first aid attendant and any other worker assisting the first aid attendant have adequate time, with no loss of pay or benefits, to provide first aid.
Section 59 Certificates
59. (1) A certificate issued by an approved agency is not valid for the purposes of this Part, unless the certificate specifies a level of qualification and an expiry date.
(2) A certificate referred to in subsection (1) must indicate an expiry date that is not more than three years from its date of issue.
Section 60 First aid station
60. (1) An employer shall, at each work site, provide and maintain a readily accessible first aid station that contains
(a) a first aid box containing the supplies and equipment set out in Schedule H;
(b) a suitable first aid manual; and
(c) any other supplies and equipment required by these regulations.
(2) An employer shall ensure that
(a) the location of a first aid station is clearly and conspicuously identified; and
(b) at each first aid station, an appropriate emergency procedure is prominently displayed that includes
(i) an emergency telephone number list and other instructions for reaching the nearest fire, police, ambulance, hospital or other appropriate service, and
(ii) any written rescue procedure required by subparagraph 56(d)(i).
Section 61 First aid room
61. If there are likely to be 100 or more workers working at a distant or isolated work site at any one time, an employer shall provide a first aid room that
(a) is of adequate size, is clean and is provided with adequate lighting, ventilation and heating;
(b) is equipped with
(i) a permanently installed sink, with hot and cold water,
(ii) the first aid supplies, documents and equipment required by this Part, and
(iii) a cot or bed with pillows;
(c) is under the charge of a first aid attendant with the qualifications required by this Part, who is readily available to provide first aid; and
(d) is used exclusively for the purposes of administering first aid.
Section 62 First aid register
62. An employer shall ensure that
(a) each first aid station and first aid room is provided with a first aid register;
(b) the particulars of first aid treatments administered or cases referred to medical attention are recorded in the first aid register;
(c) the first aid register is readily available for inspection by the Committee or representative; and
(d) a first aid register that is no longer in use is retained for a period of not less than three years after the day on which the register ceased to be used.
Section 63 Workers being transported
63. If workers are being transported by an employer from a distant or isolated work site to a first aid station, medical clinic, medical professional’s office, hospital or other health care facility as defined in section 463, the employer shall provide a first aid box that contains the supplies and equipment set out in Schedule H and that is readily available to the workers being transported.
Section 64 First aid supplies and equipment
64. (1) An employer shall ensure that
(a) first aid supplies and equipment are protected and kept in a clean and dry state; and
(b) no supplies, equipment or materials other than supplies and equipment for first aid are kept in the first aid box.
(2) An employer shall, at a work site where a first aid attendant is required under section 58, provide additional supplies and equipment set out in
(a) Schedule I, if the first aid attendant requires a Level 1 qualification; or
(b) Schedule J, if the first aid attendant requires a Level 2 qualification
(3) At a distant or isolated work site, an employer shall provide and make readily accessible to workers two blankets, a stretcher and splints for upper and lower limbs.
Section 65 Transportation of injured workers
65. (1) An employer shall ensure that a means of transportation for injured workers to a medical facility or hospital is available.
(2) The following meet the requirements of subsection (1):
(a) an ambulance service that is within 30 minutes’ travel time from the ambulance base to the work site under normal travel conditions;
(b) a suitable means of transportation, having regard to the distance to be travelled and the hazards to which workers are exposed, that affords protection against the weather and is equipped, if reasonably possible, with a means of communication that permits contact with the medical facility or hospital to which the injured worker is being transported and with the work site.
(3) If a stretcher is required under subsection 64(3), an employer shall ensure that the means of transportation provided under paragraph (2)(b) is capable of accommodating and securing an occupied stretcher.
(4) An employer shall provide a means of communication to summon the transportation required by subsection (1).
(5) If a worker is seriously injured or, in the opinion of a first aid attendant needs to be accompanied during transportation, an employer shall ensure that the worker is accompanied by a first aid attendant during transportation.
Section 66 Asphyxiation and poisoning
66. If a worker is at risk of asphyxiation or poisoning, the employer shall ensure that reasonable emergency arrangements are made, prior to commencement of the work, for the rescue of the worker and for the prompt provision of antidotes, supportive measures, first aid, medical attention and any other arrangements that are appropriate to eliminate or reduce the risk to the health and safety of the worker.
Section 67 Additional provisions
67. A safety officer may require an employer to take additional measures beyond what is required in this Part for first aid and emergency arrangements at a work site to be adequate if, in the opinion of the safety officer, first aid and emergency arrangements at a work site are inadequate.
Part 26 FIRE AND EXPLOSION HAZARDS
Section 394 Fire safety plan
394. (1) An employer shall
(a) take reasonable steps to prevent the outbreak of fire at a work site and to provide effective means to protect workers from a fire that could occur; and
(b) develop and implement a written fire safety plan that provides for the safety of workers in the event of a fire.
(2) A fire safety plan developed under subsection (1) must include
(a) emergency procedures to be used in case of fire, including
(i) sounding the fire alarm,
(ii) notifying the fire department, and
(iii) evacuating endangered workers, with special provisions for workers with disabilities;
(b) quantities, locations and storage methods of flammable substances present at the work site;
(c) provisions that designate individuals to carry out the plan and the duties of those individuals;
(d) provisions that outline the training of individuals designated under paragraph (c) and of workers in their responsibilities for fire safety;
(e) provisions that indicate when fire drills are held; and
(f) provisions that outline how fire hazards are controlled.
(3) An employer shall ensure that
(a) individuals designated under paragraph (2)(c) and workers who have been assigned fire safety duties are adequately trained in, and implement, the fire safety plan;
(b) the fire safety plan is posted in a conspicuous place for reference by workers; and
(c) a fire drill is held not less than once a year.
Section 395 Fire extinguishers
395. (1) An employer shall ensure that portable fire extinguishers are selected, located, inspected, maintained and tested so that the health and safety of workers at the work site is protected.
(2) An employer shall ensure that portable fire extinguishers are placed not more than 9 m from
(a) an industrial open-flame portable heating device, tar pot or asphalt kettle that is in use; and
(b) a welding or cutting operation that is in progress.
SAFETY ACT
R.S.N.W.T. 1988, c. S-1
HEALTH AND SAFETY
Section 4 Duty of employer
4. (1) Every employer shall
(a) maintain his or her establishment in such a manner that the health and safety of persons in the establishment are not likely to be endangered;
(b) take all reasonable precautions and adopt and carry out all reasonable techniques and procedures to ensure the health and safety of every person in his or her establishment; and
(c) provide the first aid service requirements set out in the regulations pertaining to his or her class of establishment.
(2) If two or more employers have charge of an establishment, the principal contractor or, if there is no principal contractor, the owner of the establishment, shall coordinate the activities of the employers in the establishment to ensure compliance with subsection 4(1).
[S.Nu. 2003, c. 25, s. 4]
Section 5 Duty of worker
5. Every worker employed on or in connection with an establishment shall, in the course of his or her employment,
(a) take all reasonable precautions to ensure his or her own safety and the safety of other persons in the establishment; and
(b) as the circumstances require, use devices and articles of clothing or equipment that are intended for his or her protection and provided to the worker by his or her employer, or required pursuant to the regulations to be used or worn by the worker.
If you have any issues accessing the resources on this page, please contact the WSCC directly.
Yellowknife
Centre Square Tower
5th Floor
5022 49 Street
Box 8888, Yellowknife NT
X1A 2R3
General Inquiries:
Phone: (867) 920-3888
Toll-Free: (800) 661-0792
Fax: (867) 873-4596
Toll-Free Fax: (866) 277-3677
Iqaluit
Qamutiq Building
2nd Floor
630 Queen Elizabeth II Way
Box 669, Iqaluit NU
X0A 0H0
General Inquiries:
Phone: (867) 979-8500
Toll-Free: (877) 404-4407
Fax: (867) 979-8501
Toll-Free Fax: (866) 979-8501
Inuvik
Blackstone Building
87 Kingmingya Road
Box 1188, Inuvik NT
X0E 0T0
General Inquiries:
Phone: (867) 678-2301
Fax: (867) 678-2302
