Occupational Health and Safety
Code Update
CSSE Meeting
May 28, 2009
Sections to be Reviewed
•
•
Part 2: Involvement of workers in hazard assessment
Part 4:
– OELs
– Mould
•
•
•
•
Part 5: New definition of confined space and restricted space
Part 6: Load calculations
Part 9: New fall protection requirements
Part 14:
– Health care facilities
– Training requirements
•
•
•
•
•
Part 18:
Part 19:
Part 21:
Part 28:
Part 35:
Requirements for biohazardous materials
Concrete pump trucks
Fatigue rating
Overview
Medical sharps
Change Process
Why the New Edition?
• Improve the requirements
– create safer workplaces
– make requirements current and relevant
– eliminate unnecessary requirements
• Correct errors
A Lengthy Process…
• Create OHS Code Review Committee
• Create technical committees to deal with specific areas
(e.g. OELs, fall protection)
• Collect suggestions for change
• Prepare a draft for public consultation
• Collect suggests from the public
• Revise draft
• See approval of OHS Council
• OHS Council recommends final version to Minister
• Minister approves final version via Ministerial Order
Overall Changes
Highlights of Changes
• Occupational Health and Safety (OHS) Code –
Comparison of Requirements Between the OHS Code
2006 and OHS Code 2009
• http://employment.alberta.ca/documents/WHS/WHSPUB_li029.pdf
Section 2.2 - Designated Person to
Prepare Plan
• Where the OHS Code requires a plan to be prepared
• Must be prepared by a designated person who is
competent in the principles and practices of the work
described in the plan
• Examples:
–
–
–
–
–
–
–
lead exposure control plan
emergency response plan
fall protection plan
hot tap plan
various mine plans
health and safety plan (if required by Minister)
rope access safe work plan
Section 3.1 – Referenced
Standards
• Listing of previous editions of referenced standards
getting out of hand
• To minimize this, Section 3.1 was created
– allows older equipment to have been approved to, or have
met the requirements of an earlier edition of a referenced
standard
– e.g. 142.2(1) An employer must ensure that a lanyard
manufactured on or after July1,2009 is approved to
(a) CSA Standard Z259.11‐05, Energy absorbers and
lanyards,
(b) ANSI/ASSE Standard Z359.1‐2007, Safety
requirements for personal fall arrest systems,
subsystems and components, or
(c) CEN Standard EN 354: 2002, Personal protective
equipment against falls from a height — Lanyards.
Part 2
Changes to Part 2
• 7(5) A prime contractor must ensure that any employer
on a work site is made aware of any existing or potential
work site hazards that may affect the employer’s workers
• 8(1) An employer must involve affected workers in the
hazard assessment and in the control or elimination of the
hazards identified
Section 7(5) Hazard Assessment
• Duty on prime contractor to inform of any work site
hazards that may affect an employer’s workers
• Ensures that contractor workers coming onto a work site
are made aware of existing site hazards that may affect
their work but are not necessarily located within their
immediate work area.
Involvement of Workers in Hazard
Assessment
• Change meant to emphasize worker involvement, but not
beyond current requirements
• To demonstrate compliance with this requirement, the
employer should be able to indicate which workers were
meaningfully involved and to what extent
– workers should be able to confirm their involvement in the
assessment, elimination, and control activities.
– this must be documented
Part 4
Changes to Part 4
• Section 16: OELs updated
• Section 20: New methods allowed for exposure
monitoring
• Section 43(6) Allows the Director of Medical Services to
require removal of a worker from a work site if the worker
is diagnosed with blood-lead poisoning
• Section 43.1: Provision for mould
Part 4: Updated Occupational
Exposure Limits (OELs)
• There are almost 800 substances with OELs
• OELs currently in the Alberta OHS Code are based on
1999 ACGIH TLVs (with a few exceptions) and were
adopted in 2003
• When the OELs were last reviewed, the Technical
Working Group recommended that the review be
repeated every 5 years.
OEL Review Process
• Set up an OEL Review Working Group (representation
from industry, labour and government)
• In principle, 2006 ACGIH TLVs will be adopted
• Working group to establish evaluation criteria to identify a
short list of substances requiring review
Review Criteria
• Available scientific documentation and rationale to ensure
health and safety to workers
• Availability of analytical methods
• Limits set in other jurisdictions
• Existing and potential compliance issues
• Applicability to Alberta
• Social expectations
Detailed Review
• 43 Substances identified for detailed technical review
• Rational for identifying these substances:
1. There was a significant difference between the current
OEL and the 2006 TLV
2. The substance was suggested for review through the
OEL questionnaire (mailed to 77 Associations)
3. The substance did not have an OEL
Changes
• Coal dust OEL will be reduced, however a one-year
implementation period is provided
• For the most part, 2006 ACGIH TLVs will be adopted
Deviations from TLVs
• Acetic anhydride: ceiling recommended instead of 8-hour
exposure limit
• Formaldehyde, hydrogen sulphide, PAPI, sulphur,
ozone,1,1,1-trifluoro-2,2-dichloroethane variations to
remain the same
• Particulate Not Otherwise Regulated
• Suphuric acid will remain the same as the current OEL
Deviations from TLVs
• Inhalable limits for which the numerical value in the 2006
TLV is the same as the current OEL will remain the same
(i.e. the total value will be used)
–
–
–
–
–
–
–
–
calcium sulphate
Captan
Diquat
EPN
glass fibres
molybdenum
nickel
silicon carbide, nonfibrous
Deviations from TLVs
• Inhalable limits for which the ACGIH documentation
supports total limits (which may or may not be the same
as the inhalable limits)
– flour dust (numerically the same)
– natural rubber latex (numerically the same)
– borates (half the inhalable limit)
Non-Consensus Items
•
•
•
•
•
•
•
Asphalt
2,2-dichloropropionic acid
Magnesium oxide
Methane
p,p-oxybis
Trichlorophon
Wood dust
Expanded List of Analytical
Procedures
• Expands the range of acceptable methods for
measuring/analyzing air contaminants for the purposes of
complying with the OEL
• In addition to NIOSH, the following are recognize:
–
–
–
–
–
–
–
U.S. OSHA
IRRSST (Quebec)
Health and Safety Executive of Great Britain
U.S. EPA
Sampling Guide of IRRSST of Quebec
ISO air quality standards and guides
DFG Deutsche Forschungsgemeinschaft
New Requirement for Mould
• Purpose is to control worker exposure to mould
• Where mould can create a work site hazard, it must be
controlled in accordance with Section 9
• Best Practice drafted to assist with compliance to this
section
Part 5
New Definitions
• “Confined Space” means a restricted space which may
become hazardous to a worker entering it because of
(a) an atmosphere that is or may be injurious by reason of
oxygen deficiency or enrichment, flammability, explosivity, or
toxicity,
(b) a condition or changing set of circumstances within the
space that presents a potential for injury or illness, or
(c) the potential or inherent characteristics of an activity which
can produce adverse or harmful consequences within the
space
• “Restricted space” means an enclosed or partially
enclosed space, not designed or intended for continuous
human occupancy, that has a restricted, limited or
impeded means of entry or exit because of its
construction
Restricted Space vs Confined
Space
• Under the current requirements, most trenches would be
considered a confined space, but are not subject to the
– permitting requirements
– atmosphere monitoring
– tending worker requirements
• Why not?
– the hazards have been eliminated or controlled
Restricted Space
• Think of this as a work location in which the only hazard
is the difficulty in getting into and out of the space
• Other examples:
– below-ground vaults used for telecommunication or
electrical cables
– interior inspection areas for wind turbine blades
– ventilation system passages within buildings
– some attics
Restricted Space
• For entry into a restricted space the following are still
required:
– a hazard assessment must be completed prior to entry
– workers must be trained to recognize the hazards in the
confined space and work in a healthy and safe manner
– a communication system must be available
– entry of unauthorized personnel must be prevented
– workers must be protected from hazards created by traffic
– workers cannot enter or remain in the space unless an
effective rescue can be carried out
– a competent worker must be communication with the
workers inside
– a safe means of entry and exit must be provided
Part 6
Changes to Part 6
• 59(2.1) A hoist may only be used for vertical lifting or
lowering if it complies with this Part and is designed and
manufactured for vertical lifting or lowering.
• 68.1 An employer must ensure that a lift calculation is
completed for any lift exceeding 75% of a crane’s rated
capacity.
• Section 70 requirements for tag lines to ensure that they
are not used if they can become a hazard to workers
Section 68.1: Lift Calculation
• Purpose is to ensure that cranes are not overloaded
• Establishes a requirement to conduct a lift calculation for
lifts expected to exceed 75% of a crane’s capacity
• These are sometimes referred to as “critical lifts”
• Applies to all cranes but most relevant to mobile and
overhead cranes
Lift Calculation
• A “lift calculation” is a process to ensure that relevant and
applicable factors have been considered and calculated
– Load information (total weight of item to be lifted, weight of
rigging/attachments)
– Crane information ( maximum radius, boom length/angle)
– Calculated % of crane capacity
– Sketch (crane placement, clearance to surrounding facilities
like buildings and power lines)
Example
Part 9
Changes to Part 9
• Training requirements for worker training
• Technical standards for equipment
• Reduces fall arrest anchor strength requirements to 16
kilonewtons (kN)
• Establishes fall protection requirements for fixed ladders
and climbable structures
• Limited allowance of procedures in place of fall protection
equipment
Instruction of Workers
• Section 141 establishes detailed training requirements for
worker training
• Specifies a detailed curriculum for fall protection training
programs
• Includes a practical, hands-on component
Instruction of Workers
• Curriculum includes
– fall protection methods a worker is required to use at a work
site
– identification of fall hazards
– assessment and selection of specific anchors that the
worker may use
– instructions for the correct use of connecting hardware;
– information about the effect of a fall on the human body
– emergency response procedures
Equipment
• Accepts international technical standards for equipment
– CEN (European Committee for Standardization) EN
standards
– ANSI
– NFPA
• Why the change?
– international products offer equal or greater protection
– greater variety of products available in Alberta
• Products must be “approved”
– by nationally accredited third-party organization
– products must bear an approval or certification mark
– quality assurance
Anchor Strength
• Fall arrest anchor strength reduced to 16 kN (3600 lbsforce)
• Existing 22.2 kN (5000 lbs-force) requirement excessive
• Now aligned with European value
• Still retains a 2.7 safety factor based on a maximum
arresting force of 6 kN
Fall Protection on Vehicles with
Loads
• Recognizes that at times it is not reasonably practicable
to provide fall protection when a worker needs to climb
onto a vehicle or load
• Employer must eliminate or reduce the need for the
worker to get onto the vehicle or load
• After doing everything possible, the employer can use
procedures in place of fall protection equipment
Procedures in Place of Fall
Protection Equipment
•
•
Concept approved for use by WHS and described in OHS
Code Explanation Guide 2006
Procedures can be used in place of “hard” equipment in
five cases. They are:
1)
2)
3)
4)
the installation or removal of fall protection equipment
roof inspection
emergency repairs
at‐height transfers between equipment and structures if
allowed by the manufacturer’s specifications
5) situations in which a worker must work on top of a vehicle
or load
Part 14
Changes to Part 14
• Establishes site and program requirements for safe lifting
of patients/clients/residents in healthcare facilities
• Training requirements for specific measures to eliminate
or reduce the possibility of musculoskeletal injury
Work Site Design – Health Care
Facilities
• Recognizes that the most significant injury to health care
workers is back injury as a result of lifting or transfer of
patients
• Requires patient lift equipment to be installed in new and
renovated health care facilities
• Does not apply to health care facility construction,
alterations, renovations or repairs started before July 1,
2009
Patient/Client /Resident (PCR)
Handling
• Employer must develop and implement a safe PCR
handling program if workers are required to lift, transfer or
reposition PCRs
• Program must include an annual evaluation of its
effectiveness at preventing worker injuries
Training to Prevent
Musculoskeletal Injury (MSI)
• Workers who may be exposed to the possibility of
musculoskeletal injury must be trained in specific
measures to eliminate or reduce that possibility (proactive
approach)
• Training must include
– how to identify factors that could lead to an MSI
– early signs and symptoms of MSIs and their potential health
effects
– preventive measures including
• the use of altered work procedures
• mechanical aids
• personal protective equipment
Part 18
Changes to Part 18
• Referenced standards updated
–
–
–
–
–
–
Protective eyewear
Footwear
Headwear
Firefighters
Life jackets
Breathing air
• Respiratory protection requirements for airborne
biological hazards
Respiratory Protection for
Biological Hazards
• 2006 OHS Code requires that RPE be selected in
accordance with CSA Standard Z94.4. However, the
standard states that the respirator decision criteria do not
apply to biohazardous materials
• CSA Standard to be revised this year to include
biohazardous materials
• Until then…
Respiratory Protection for
Biological Hazards
• New requirement in Section 244 to consider
biohazardous materials when determining need for RPE
• Requires provision of appropriate RPE—decision criteria
similar to dealing with a substance with no OEL
Respiratory Protection for
Biological Hazards
• If the effects of biohazardous materials are unknown,
RPE must be provided that is appropriate to the known
exposure circumstances
• Consider:
–
–
–
–
–
–
–
type of agent
route of transmission
pathogenicity
concentration
particle size
duration of exposure
work procedures
• No RPE is required if effective procedures are in place to
limit exposure to biohazardous materials
Good Reference
• Recommendations for the Selection and Use of
Respirators and Protective Clothing for Protection
Against Biological Agents available at:
http://www.cdc.gov/niosh/docs/2009-132/
Part 19
Changes to Part 19
• NEW Requirements for the safe use of concrete pump
trucks
Failures
• In Alberta and British Columbia for the period 2001 –
2004, 20 incidents occurred involving truck-mounted
concrete pumping units
• 17 incidents involved equipment failures
– 14 failures from design or manufacturing deficiencies
– two failures due to inadequate inspection and maintenance
– one failure was reported to be the result of unsafe operating
practices
Failures
• Failures occurred in
–
–
–
–
–
–
–
–
rotation drive components,
an outrigger,
a boom linkage, elbows,
boom rods,
cylinders,
welded connection points,
a pedestal and
a king post tube failure
• Most of the equipment failures were on machines that
were less than one year old, many only a few months old
Requirements
• All load bearing components must undergo nondestructive testing at 12-month intervals
• Operator must visually inspect all load bearing
components and safety and control devices before each
use
• Outriggers must be extended according to the
manufacturer’s instructions
• No worker or other person can be positioned under a
distribution boom or mast
Part 21
Changes to Part 21
• Introduction of the concept of “fatigue rating”
Fatigue Rating
• “Fatigue” is the tendency of a material to break under
repeated stress
• “Fatigue Rating” means that the rigging will provide
improved fatigue resistance (CEN Standard EN 16771:2000-Part 1)
• Section 292(1) permits 20% reduction in breaking
strength (when not lifting personnel) if the rigging is
“fatigue rated”
• Applies to steel rigging only
Part 28
Changes to Part 28
• Communication requirement in Section 394(1) revised
Communication
• Provide effective communication consisting of radio,
telephone, (or some other effective electronic system
PLUS regular contact at appropriate intervals
• Intended to ensure that worker is safe
Part 35
Changes to Part 35
• Requires the use of safety-engineered sharps
Medical Sharps
• Effective July 1, 2010, employers must provide and
ensure that any medical sharp is a safety engineered
medical sharp
• Requirement does not apply if:
– use of the required safety-engineered medical sharp is not
clinically appropriate, or
– the required safety-engineered sharp is not available in
commercial markets