42. (1) Every employer shall permit an employee selected pursuant to subsection (2) to observe workplace occupational health or safety monitoring and the taking of samples ", tests or measurements where a significant part of the rationale is based on either health or safety of employees at the workplace, unless the monitoring or taking of samples, tests or measurements takes place

(a) continuously or on a regular and frequent basis, except to observe the initial setup of the workplace occupational health or safety monitoring process and to be informed and observe the monitoring where there has been a malfunction of the monitor or alteration in the process;

(aa) in a situation that would violate an employee's personal privacy;

(b) in a location that is remote and is part of the regular task of a person employed at the location; or

(c) during an emergency situation,

and time spent by the employee in such activities is deemed to be work time for which the employee shall be paid by the employer at the applicable rate.

(2) Where there is

(a) a committee or representative at a workplace, the employee who observes workplace occupational health or safety monitoring and the taking of samples or measurements shall be selected by the committee or representative, as the case may be; or

(b) no committee or representative at a workplace, the employee who observes workplace occupational health or safety monitoring and the taking of samples or measurements shall be selected by the employees.

(3) Every employer shall provide

(a) reasonable notice to an observer of the commencement of the occupational health or safety monitoring and of the taking of samples or measurements undertaken pursuant to subsection (1); and

(b) access to a workplace for the purpose of the observation.

(4) Where an observer requests, the procedure for occupational health or safety monitoring and the taking of samples or measurements shall be identified and explained to the observer.

(5) Where an owner, constructor or contractor performs occupational health or safety monitoring or takes samples or measurements that relate to the health or safety of employees at the workplace,

(a) the owner, constructor or contractor shall provide reasonable notice to all employers at the workplace of the commencement of the occupational health or safety monitoring and of the taking of samples or measurements; and

(b) the requirements of subsections (1) to (4) apply.

(6) Where the monitoring, samples or measurements referred to in subsection (1) are conducted by, or at the request of, an officer, the officer may undertake the monitoring, samples or measurements whether or not notice has been given pursuant to subsection (3) or (5).

[S.N.S. 2010, c. 66, s. 10]

58. Where a biological, chemical or physical agent or a combination of such agents is used or intended to be used in the workplace and its presence in the workplace or the manner of its use is, in the opinion of the Director, likely to endanger the health or safety of an employee, the Director may, by notice in writing to the employer, constructor, contractor or self-employed person, order that

(a) labelling be utilized to identify at least the presence and composition, including common or generic names, of the biological, chemical or physical agent, the risks associated with its use and the measures to be taken in case of emergency;

(b) the use, intended use, presence or manner of use be

(i) prohibited,

(ii) limited or restricted in such manner as the Director specifies,

(iii) subject to such conditions regarding administrative control, work practices, engineering control and time limits for compliance as the Director specifies; or

(c) labelling be in accordance with applicable federal and Provincial regulations.

60. (1) A supplier or manufacturer of a chemical substance shall, at the request of the Director, provide the following information with respect to a chemical substance referred to in subsection 59(1):

(a) the ingredients and their common or generic name or names;

(b) the composition and properties;

(c) the toxicological effect of the chemical substance;

(d) the effect of exposure to the chemical substance, whether by contact, inhalation or ingestion;

(e) the protective measures used or to be used regarding the chemical substance; and

(f) the emergency measures used or to be used to deal with exposure to the chemical substance.

(2) Where a supplier or manufacturer fails to provide the information referred to in subsection (1) within such time as is specified by the Director, the chemical substance for which the information has been requested is deemed to be an unsafe material and an order may be made pursuant to Section 51.

61. (1) Notwithstanding anything contained in this Act or the regulations, an employer, a supplier or a chemical manufacturer may withhold trade secrets or information that might disclose a trade secret and the identity of a specific chemical, including the chemical name and other specific identification of a hazardous chemical, provided that the specific chemical identity is made available to health professionals in accordance with the procedures established by regulations made pursuant to this Act.

(2) Where a treating physician or nurse determines that

(a) a medical emergency exists; and

(b) the specific chemical identity of a hazardous chemical is necessary for emergency or first-aid treatment,

an employer, a supplier or a chemical manufacturer shall immediately disclose the specific chemical identity of a trade secret chemical to the treating physician or nurse regardless of the existence of a written statement of need or a confidentiality agreement, but the employer, supplier or chemical manufacturer may require a written statement of need and confidentiality agreement in accordance with regulations made pursuant to this Act as soon as circumstances permit.

(3) Notwithstanding Section 35, no person shall publish, disclose or communicate to a person a secret manufacturing process or trade secret acquired, furnished, obtained or received pursuant to this Act or the regulations.

57. An employer must ensure that sufficient precautions are taken to prevent toppling, sliding or other unplanned movement of equipment in a blasting area.

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

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

2. In these regulations,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(m) "firefighter" means

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

(ii) an industrial firefighter;

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

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

(ii) warn of a fall hazard, and

(iii) reduce the risk of a fall;

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

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

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

(q) "industrial firefighter" means an employee who

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

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

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

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

(s) "locked out" means to have

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

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

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

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

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

(u) "manufacturer's specifications" means

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

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

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

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

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

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

(ii) single or multiple girder, and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) a boat hook;

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

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

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

(a) designated to perform specific rescue tasks;

(b) informed as to adequate rescue procedures; and

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

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

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

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

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

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

15. An employer shall

(a) provide for a supply of fresh air into, and the removal of air from, a workplace or part thereof that is, so far as is reasonably practicable, sufficient to

(i) keep the air reasonably pure, and

(ii) render harmless all gases, vapours, dust or other impurities that are likely to endanger the health or safety of any person therein;

(b) where a process is carried on that produces a gas, vapour, dust or other impurity that is likely to be inhaled to an injurious extent by a person in the workplace, provide and use such mechanical means as are capable of

(i) preventing such inhalation so far as is reasonably practicable,

(ii) effectively carrying off and disposing of the impurity, and

(iii) preventing the recirculation and re-entry into the workplace of air containing the impurity; and

(c) ensure that all ventilation systems used for controlling the dissemination of gases, vapours, dust or other impurities, including their collection systems and emptying processes, are designed, installed, operated, maintained and repaired in an adequate manner by a competent person.

[N.S. Reg. 52/2000, s. 8]

17. Where failure of the normal lighting system may constitute a danger to the health or safety of a person, the employer shall ensure that emergency lighting is available.

23. (1) Where a person's skin or eyes may be acutely affected by an exposure to a caustic, acidic or other hazardous substance, an employer shall provide 1 of the following in the work area where the exposure may occur:

(a) an emergency shower;

(b) an eye wash fountain;

(ba) enough flushing fluid to last at least 15 minutes;

(c) other equipment sufficient for removal of the substance.

(2) An eye wash or shower equipment that is used must meet all of the following requirements:

(a) it must comply with the requirements of the latest version of ANSI standard ANSI/ISEA Z358.1, "American Standard for Emergency and Shower Equipment";

(b) it must be installed, operated, inspected and maintained in accordance with the manufacturer's instructions;

(c) it must be located so that there is an unobstructed path to the equipment and the user can access the equipment within 10 seconds of exposure;

(d) it must provide sufficient flushing fluid at sufficient pressure for the greater of

(i) 15 minutes, and

(ii) the time indicated on the MSDS sheet;

(e) it must have the instructions for use and an expiration date permanently affixed to the unit.

[N.S. 53/2013, s. 16]

41. Where a hazardous substance is used in a workplace in such quantities that a spill could affect the health or safety of a person, an employer shall ensure that

(a) it is kept only in working quantities in areas where a person is working;

(b) a written emergency procedure that includes the use of emergency equipment, if necessary, is established for use in the event of escape of a hazardous substance; and

(c) any spillage of a hazardous substance is immediately cleaned up in an adequate manner.

[N.S. Reg. 53/2013, s. 22]

53. (1) No person other than the person who installed it shall remove a lock-out device or a lock-out tag on a machine, equipment, tool or electrical installation.

(2) Despite subsection (1), where reasonable attempts have been made to contact the person who locked out the machine, equipment, tool or electrical installation and that person is not available,

(a) in a serious emergency, a person who has determined that it is safe to energize the equipment may remove a lock-out device or a lock-out tag; or

(b) a competent person who

(i) is designated in the written lock-out procedure, and

(ii) has determined that it is safe to energize the equipment,

may remove a lock-out device or a lock-out tag.

93. (1) This Section and Sections 94, 95 and 96 do not apply to any device that is intended for the transport of persons and to which the Elevators and Lifts Act applies.

(2) An employer shall ensure that a conveyor is constructed or installed so that

(a) there is adequate clearance between the material transported on the conveyor and a fixed or moving object;

(b) pinch points that a person may come into contact with are adequately guarded; and

(c) the conveyor cannot feed onto a stopped power-driven conveyor, or that written procedures are established that provide an equivalent level of safety.

(3) Where a person in the workplace has access to a power-driven conveyor, an employer shall ensure that emergency stop devices are installed at designated work stations and other appropriate locations along the run of the conveyor to ensure the safety of a person in the workplace.

[N.S. Reg. 52/2000, s. 49; 53/2013, ss. 41, 93]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) proper use of personal protective equipment,

(ii) written rescue procedures,

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

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

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

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

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

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

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

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

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

(iii) a written rescue procedure;

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

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

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

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

(5) An employer shall ensure that

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

140. (1) An employer shall provide a safe means of access to and exit from all work areas.

(2) An employer shall provide adequate information to ensure that every person in the workplace is able to exit the workplace in a safe manner in the event of an emergency.

(3) An employer shall provide overhead protection at every means of access to and exit from a building, structure or project where there is a hazard of falling material that may injure a person at or near the workplace.

(4) This Section does not apply where a firefighter is engaged in structural firefighting or rescue.

[N.S. Reg. 52/2000, s. 72]

197. (1) In this Section and Sections 198 and 199,

(a) "body harness" means a harness consisting of leg and shoulder straps and an upper back suspension unit that will distribute and reduce the impact force of any fall; and

(b) "confined space" means a confined space as defined in subsection 129(1).

(2) A firefighter entering a confined space for the purposes of rescue shall wear a body harness that complies with or exceeds the latest version of NFPA standard NFPA 1983, "Standard on Fire Service Life Safety Rope and System Components", and self-contained respiratory protective equipment that complies with or exceeds the latest version of NFPA standard NFPA 1981, "Standard on Open-Circuit Self-Contained Breathing Apparatus for the Fire Service".

[N.S. Reg. 53/2013, s. 87]

198. (1) An employer shall ensure that ropes and associated body harnesses and hardware used by a firefighter for structural fire-fighting or rescue purposes comply with or exceed the latest version of NFPA standard NFPA 1983, "Standard on Fire Service Life Safety Rope and System Components".

(2) When working from an aerial device, as defined in subsection 201(1), a firefighter engaged in structural fire-fighting or rescue shall use a body harness that complies with or exceeds the latest version of NFPA standard NFPA 1983, "Standard on Fire Service Life Safety Rope and System Components".

(3) Despite subsection (1) or (2), or any provision of Part 21: Fall Protection or Part 23: Scaffolds and Other Elevated Work-platforms, of the Workplace Health and Safety Regulations made under the Act, in a situation where those Parts require the use of a body harness or associated ropes and hardware that complies with a different standard than those listed in subsection (1) or (2), it is permissible to use equipment that meets the applicable requirements of subsection (1) or (2) or those Parts.

[N.S. Reg. 53/2013, s. 88]

199. Where a body harness has been worn by a firefighter for structural firefighting or rescue, the employer shall ensure that the body harness is not worn again until it is inspected by a competent person to ensure all components are in an adequate condition.

[N.S. Reg. 53/2013, ss. 89, 93]

1.2 In these regulations,

"Act" means the Occupational Health and Safety Act ;

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

"ANSI" means the American National Standards Institute;

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

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

"competent person" means a person who is

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

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

"CSA" means the Canadian Standards Association;

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

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

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

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

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

(ii) fire departments,

(iii) ambulance services;

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

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

"manufacturer's specifications" means

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

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

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

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

1.16 An employer who is an emergency services agency is not required to establish a specific written fall-protection safe-work plan or rope access safe-work plan for a specific work area when responding to an emergency if they

(a) have established the following applicable procedures for the work:

(i) a fall protection safe-work procedure under Section 21.3,

(ii) a code of practice for rope access work under Section 22.5; and

(b) they train to and comply with the procedures in clause (a) and standard protocols for emergency services work applicable to a work area where a person is at a risk of falling.

1.17 Emergency services agency personnel are exempt from complying with a safe-work procedure for a temporary highway workplace required by Section 24.2 and the requirements for employees on foot in Section 24.5 when it is not reasonably practicable for them to do so because of the nature of their particular duties at any given time.

2.1 In this Part,

"physical agent", in relation to threshold limit values for occupational exposure, means an agent of acoustic, electromagnetic, ergonomic, mechanical or thermal nature;

"threshold limit values" means the threshold limit values established by the TLVs and BEIs that represent

(i) for chemical substances, the airborne concentrations of chemical substances and conditions under which it is believed that nearly all healthy workers may be repeatedly exposed, day after day, over a working lifetime, without adverse health effects,

(ii) for physical agents, the levels of exposure and conditions under which it is believed that nearly all healthy workers may be repeatedly exposed, day after day, without adverse health effects,

"TLVs and BEIs" means the latest version of the publication of the American Conference of Governmental Industrial Hygienists of threshold limit values and biological exposure indices.

2.3 An employer must comply with, and ensure compliance with, the threshold limit values for exposure to all of the following, as listed in the TLVs and BEIs:

(a) gases;

(b) vapours;

(c) mists;

(d) fumes;

(e) smoke;

(f) dust;

(g) chemical substances;

(h) physical agents.

21.4 (1) Except as provided in subsection (2), an employer must establish a specific written fall-protection safe-work plan for a specific work area where fall protection is required and the fall distance is 7.5 m or more.

(2) A specific written fall-protection safe-work plan is not required under subsection (1) if any of the following conditions apply:

(a) all persons performing the work are protected by a permanent guardrail;

(b) the work is performed from a work-platform described in Sections 23.12 to 23.15 of Part 23: Scaffolds and Other Elevated Work-platforms and all persons performing the work are using adequate fall protection;

(c) the work is performed by an emergency services agency in accordance with Section 1.16.

(3) A fall-protection safe-work plan must be established based on a hazard assessment of the specific work to be performed in the work area and must include all of the following information:

(a) the nature of the work to be performed;

(b) the anticipated duration of the work;

(c) a description of the work;

(d) a list of the primary tools or equipment to be used in the work;

(e) reference to applicable health and safety legislation and regulations;

(f) a list of potential fall hazards of the work and their associated risks;

(g) the fall-protection system or systems to be used at the work area;

(h) any anchorages to be used during the work;

(i) if a fall-arrest system is to be used, confirmation that the clearance distances below the work area are sufficient to prevent a person from striking

(i) the nearest safe surface or water,

(ii) a surface or thing that could cause injury to the person on contact, or

(iii) exposed hazardous material, such as an open tank, pit or vat;

(j) a procedure to address the risks associated with the potential for swing as a result of anchorage placement when a person is using a fall-arrest system;

(k) the procedures to be used to assemble, maintain, inspect, use and disassemble a fall-protection system, as applicable;

(l) schedules for inspecting any fall-protection systems and the names of any persons responsible for carrying out the inspections;

(m) adequate written rescue procedures to be used if a person falls and requires rescue, including if a person is suspended by a fall-arrest system or personnel safety net;

(n) the effect of weather conditions;

(o) the name of a designated competent person to supervise the work area;

(p) the training and qualifications required for persons who will perform the work, as determined by the employer;

(q) a method for communicating the fall-protection safe-work plan to any person who may be affected by the plan.

(4) If a workplace has more than 1 work area for which a fall-protection safe-work plan is required, an employer may create a separate plan for each specific work area or one overall plan for the workplace that includes all of the requirements necessary for each specific plan.

21.19 (1) An employer must ensure that a person takes and successfully completes training on fall protection at all of the following times:

(a) before they do any of the following:

(i) use fall protection,

(ii) work in, supervise or plan the work for a work area where fall protection is required; and

(b) once at least every 3 years.

(2) A person must not use fall protection or work in, supervise or plan the work for a work area where fall protection is required before successfully completing training as required by this Section.

(3) In order to successfully complete training, a person must be deemed competent to inspect and use fall protection by 1 of the following persons who conducted the training:

(a) their employer;

(b) a training organization.

(4) Training must be instructed by a competent person.

(5) The person conducting the training must identify a method of evaluating the person taking the training and determining whether a person successfully completes the training.

21.20 Training on fall protection must include all of the following, as applicable to the nature of the work:

(a) a review of all applicable health and safety legislation, regulations and standards;

(b) identification of fall hazards;

(c) a review of the hierarchy of controls that may be used to eliminate or minimize risk of injury from a fall;

(d) the different methods of fall protection and the most suitable application of the methods;

(e) fall-protection and safe-work procedures;

(f) instruction on assessing and selecting specific anchors that may be used for various applications;

(g) instruction on selecting and correctly using fall-protection components, including connecting hardware;

(h) information about the effect of a fall on the human body, including all of the following:

(i) free fall,

(ii) swing fall,

(iii) maximum arresting force, and

(iv) the purpose of energy absorbers,

(i) pre-use inspections of equipment and systems;

(j) emergency response procedures to be used if a fall occurs;

(k) practice in all of the following:

(i) inspecting, fitting, adjusting and connecting fall-protection systems and components,

(ii) the emergency response procedures required by clause (j).

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) protecting third parties.

22.6 (1) In the International Code of Practice,

(a) "should" must be read as expressing a mandatory requirement that must be satisfied in order to comply with the Code;

(b) "work site" has the same meaning as "work area" as defined in Part 1: Interpretation and Application.

(2) Subject to subsection (3), an employer who adopts the International Code of Practice as their code of practice must comply with the Code in accordance with subsection (1) unless a requirement in the Code is specifically imposed on another party, in which case that party must comply with the requirement.

(3) Unless otherwise specified in this Part, the following provisions of the International Code of Practice do not apply to an employer who adopts the Code as their code of practice:

(a) Section 2.3: "Selection of Rope Access Technicians";

(b) Section 2.7.1.3: "Standards";

(c) Part 3: "Informative Annexes";

(d) Part 4: "Legislation";

(e) Part 5: "Bibliography, further reading and useful addresses".

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

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

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

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

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

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

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

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

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

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

[*Clause lettering as in original.]

24.4 Except as provided in Section 1.17 for emergency services agencies, an employer must ensure that any work other than construction, maintenance or utility work is not conducted at a temporary highway workplace until the employer adopts a written safe-work procedure for the type of work to be conducted that identifies the measures to be taken to provide an adequate level of safety in relation to all of the factors set out in subsection 24.3(2).