Definitions

100.01  In these regulations, unless the context otherwise requires:

"Act" means the Railway Act;

"accident" means an unplanned interruption of an orderly process involving the motion of people, objects or substances;

"adequate" means sufficient, satisfactory or proportionate;

"appropriate" means suitable and proper;

"atmospheric contaminant" means a harmful, irritating or nuisance material in the air, usually occurring in the form of dust, fume, gas, vapour or mist;

"board" means the Workers' Compensation Board of British Columbia (WCB);

"camp accommodation" means living, eating or sleeping quarters provided with or without charge in cabins, tents, dwellings, bunkhouses or other structures, fixed or mobile, including those mounted on rolling stock not in operation, that are established, operated or maintained for or by a railway as living quarters for the railway's agents, employees or other persons subject to the Act;

"certificate" means a certificate of inspection made by an inspector;

"combustible", in relation to a material, means capable of burning with an open flame;

"committee" means an occupational safety and health committee established by a railway;

"confined space", in relation to a tank, silo, storage bin, process vessel or other enclosure not designated or intended for human occupancy, means a space in respect of which, when a person is required to enter therein, special precautions are necessary to

(a) protect the person from a harmful atmosphere therein,

(b) prevent the person from becoming entrapped in a material stored therein, or

(c) otherwise ensure the person's safety therein;

"contaminant" means a harmful, irritating or nuisance material that is foreign to the normal composition of the substance used;

"corrosive" means capable of causing physical change, usually deterioration or destruction, by chemical or electrochemical action as contrasted to erosion caused by mechanical action;

"CSA" means the Canadian Standards Association;

"dust" means finely divided solid particles dispersed in air which have been formed by mechanical means such as grinding, crushing, blasting or drilling;

"employee" means a railway employee or other person subject to the Act;

"feasible" means possible or practicable;

"flammable" refers to a liquid which, at normal room temperature or under conditions of use, generates sufficient vapour to propagate a flame through its vapour phase on contact with a source of ignition (normally this would apply to liquids having a flash point of 100°F (38°C) or less);

"fume" means solid particles dispersed in air resulting from some chemical or physical process that involves a change of state;

"gas" means an aeriform or completely elastic fluid which does not become liquid or solid at ordinary temperature and pressure;

"hazardous substance" includes a controlled product and any chemical, biological or physical agent that, by reason of a property that the agent possesses, is hazardous to the safety or health of a person exposed to it;

"Industrial First Aid Regulations" means B.C. Reg. 343/79, the Industrial First Aid Regulations¹;

"inspector" means the chief inspecting engineer, assistant chief inspecting engineer or an inspecting engineer or other inspector of the ministry appointed under the Act or the Public Service Act;

"maintenance-of-way equipment" means track motor cars or other rolling stock used for maintaining rails, tracks and roadbed infrastructure;

"medical treatment" means treatment administered by a medical practitioner or by a registered professional under the direction of a medical practitioner, but does not include the routine administration of first aid;

"on-board accommodation" means living, eating or sleeping quarters provided on rolling stock that is operated by a railway for the accommodation of employees;

"person" means any person, including a railway employee, that is subject to the Act;

"place of employment" means any workplace where an employee is engaged in work for a railway;

"qualified person" means, in relation to a specified duty, a person who, because of his or her knowledge, training and experience, is qualified to perform that duty safely and properly;

"rolling stock" means a locomotive, caboose, self-propelled car, box car, tank car, maintenance-of-way equipment, snow plow, flanger or any other mobile equipment on wheels designed to move on rails or tracks;

"shop", in relation to a railway, means an establishment where motive power, rolling stock or other equipment is built or maintained and includes all buildings, structures, tracks and yards and all machinery and apparatus installed or used for that purpose;

"washroom" means a room that contains a toilet.

 Common application of regulations

101.01  Divisions 100 to 107 apply to all railway employees and other persons who are subject to the jurisdiction of the Act.

 Application to employees performing "non-operating" functions

101.02  Divisions 206 to 245 apply to all railway employees and other persons who are subject to the jurisdiction of the Act while not employed on trains in operation.

 Application to employees performing "operating" functions

101.03  Divisions 300 to 309 apply to all railway employees and other persons who are subject to the jurisdiction of the Act while employed on trains in operation.

 Absence of specific regulations

101.04  Notwithstanding the absence of a specific regulation, all employment and work must be carried out without undue risk of injury or occupational illness to any person subject to this regulation.

 Conflict with codes and standards

101.05  If there is any conflict between this regulation and any code or standard with which compliance is required by this regulation, the provisions of this regulation govern.

 Directives and appeals

102.01  (1)  Every railway or person must promptly comply with an order or directive issued by the minister, or comply as soon thereafter as provided by the order or directive.

(2)  Every railway or person, or a representative of the railway or person, that is affected by an order or directive issued under this regulation may appeal the order or directive to the minister.

(3)  The appeal under subsection (2) must be made in writing within 21 days or such further period as the minister may allow, and must state the reasons for the appeal.

(4)  An appeal in itself does not operate as a stay in respect of any order or directive.

 Inspection reports

102.02  (1)  If an inspection report is given or sent to a railway for posting at a place of employment, it must be posted forthwith by the railway at the place of employment covered by the report and in a location conspicuous to employees engaged at that place.

(2)  An inspection report must remain posted for a minimum of 45 days.

(3)  If the posting of an inspection report is not feasible because of transient operations, the railway must adopt other measures appropriate to the circumstances to bring the contents of the report to the attention of the affected employees.

(4)  If an occupational safety and health committee is required at the place of employment, the railway must produce for the committee the inspection report, or a copy of the report, at or before the next meeting of the committee.

 Posting of notices and placards

102.03  Every railway must post in a conspicuous place at each place of employment any placard or notice issued by the minister.

 Regulations available to employees

102.04  Every railway must keep a copy of this regulation readily available at each place of employment for reference by all employees.

 General program requirements

103.01  (1)  A railway having 20 or more employees must establish and maintain an occupational safety and health program as required by this Division.

(2)  Notwithstanding subsection (1), an occupational safety and health program may be required when, in the opinion of the minister, such a program is necessary.

(3)  If a railway, other than a common carrier, already has an occupational safety and health program that complies with the requirements of the Workers' Compensation Board, that program may, on written request to the minister, be deemed sufficient for the purposes of this Division.

 Program requirements for small railways

103.02  (1)  Subject to section 103.01 (3), if the number of employees is less than 20, a railway must establish and maintain a less formal program based on regular monthly meetings with employees for discussion of safety and health matters.

(2)  The meetings must be directed to matters concerning the correction of unsafe conditions and practices and the maintenance of cooperative interest in the safety of the employees.

(3)  The railway must maintain a record of the meetings and the matters discussed.

 Content of programs

103.03  An occupational safety and health program required by this Division must be designed to prevent injuries and occupational illness and, without limiting the generality of the foregoing, the program must include

(a) a statement of the railway's aims and the responsibilities of the railway, supervisors and employees,

(b) provision for the regular inspection at appropriate intervals of premises, equipment, work methods and work practices to ensure that prompt action is undertaken to correct any hazardous conditions found,

(c) written instructions, where appropriate, to supplement this regulation that are available for reference by all employees,

(d) provision for holding periodic management meetings for the purpose of reviewing safety and health activities and accident trends, and for the determination of necessary courses of action,

(e) provision for the prompt investigation of accidents to determine the action necessary to prevent their reoccurrence, as required by Division 104,

(f) the establishment and maintenance of an occupational safety and health committee, constituted and functioning as required by sections 103.04 and 103.05,

(g) the maintenance of records and statistics, including reports of inspections and accident investigations, with provision for making this information available to the occupational safety and health committee and, on request, to an inspector, any union representing the employees at the place of employment or, where there is no union, the employees at the place of employment, and

(h) provision by the railway for the instruction and supervision of employees in the safe performance of their work.

 Committee membership

103.04  (1)  The occupational safety and health committee must have

(a) not fewer than 4 regular members employed by the railway and experienced in the types of work carried on by the railway,

(b) at least one half of its members elected or appointed by the employees and the remaining members designated by the management of the railway, and

(c) a chairman and secretary elected from and by the members of the committee, and if the chairman exercises management functions the secretary must be an employee who does not and vice versa.

(2)  If the size or nature of the railway precludes the effective functioning of a single committee, additional committees may be established as the situation requires or as directed by the minister.

(3)  If a railway, other than a common carrier, already has a committee that complies with the requirements of the Workers' Compensation Board and the committee includes at least one full or part-time railway employee, subsection (1) (a) may, on written request, be waived by the minister.

(4)  A member of a committee is entitled to such time from work as is necessary to attend meetings or to carry out any other functions as a member of the committee and, for the purpose of calculating wages owing to the member, any time spent by the member while carrying out any functions as a member of the committee is deemed to have been spent at work.

 Function of committee

103.05  (1)  The committee must

(a) assist in creating a safe place of work,

(b) recommend actions which will improve the effectiveness of the occupational safety and health program, and

(c) promote compliance with this regulation.

(2)  Without limiting the generality of the subsection (1), the committee must

(a) determine that regular inspections of all places of employment and accommodations have been carried out,

(b) determine that accident investigations have been made,

(c) recommend measures required to attain compliance with this regulation and the correction of hazardous conditions,

(d) appoint, where feasible, at least one member who exercises management functions and one member who does not, to participate in the inspections and investigations,

(e) determine that the structures, equipment, machinery, tools, methods of operation and work practices are in accordance with this regulation and all other regulations as applicable under the Act,

(f) consider recommendations from all employees with respect to occupational safety and health matters and recommend implementation where warranted,

(g) hold regular meetings at least once each month for the review of

(i)  reports of current accidents or cases of occupational illness, their causes and means of prevention,

(ii)  remedial action taken or required by the reports of investigations and inspections, and

(iii)  any other matters relating to occupational safety and health,

(h) record the proceedings of the committee in a form acceptable to the minister, and

(i) promptly forward a copy of all minutes

(i)  to the management of the railway who must make copies available to those involved in the occupational safety and health program,

(ii)  to the minister, as requested, if the minutes are with respect to railway related matters, and

(iii)  to any organization representing the employees if requested by the organization.

 Report to the minister

104.01  Every railway must inform the minister of each accident and occupational illness as required by B.C. Reg. 38/91, (Part XIII) Notification and Reporting of Railway Accidents Regulation and B.C. Reg. 39/91, (Part XV) Notification and Reporting of Rail Transit Accidents Regulation.

 Accidents and occupational illnesses to be investigated

104.02  Except in the case of a vehicle accident occurring on a public street or highway, every railway must promptly initiate an investigation into the cause of each accident and occupational illness that

(a) involves injury and is required to be reported by B.C. Reg. 38/91, (Part XIII) Notification and Reporting of Railway Accidents Regulation and B.C. Reg. 39/91, (Part XV) Notification and Reporting of Rail Transit Accidents Regulation,

(b) does not involve injury but has a potential for causing serious injury, or

(c) involves an occupational illness.

 Investigators' qualifications

104.03  (1)  Investigations referred to in section 104.02 must be carried out by persons knowledgeable of the type of work involved.

(2)  The investigation must as far as possible

(a) determine the cause or causes of the occurrence,

(b) identify any unsafe conditions, acts or procedures which contributed in any manner to the occurrence, and

(c) develop recommended corrective action to prevent similar occurrences.

 Investigation reports

104.04  The railway must ensure that an investigation report is prepared that addresses those items in section 104.03 (2).

 Reporting for compensation purposes

104.05  Every railway must report to the Workers' Compensation Board, on the appropriate forms provided by the board, each occurrence for which compensation may be claimed.

 Follow-up action and report

104.06  Every railway must initiate corrective action without undue delay to prevent similar occurrences to those referred to in section 104.02 and must make a report of the action taken to the occupational safety and health committee or, if there is no such committee, must post the report for reference by the employees.

 Work restrictions

105.01  (1)  A person must not carry out, or cause to be carried out, any work process, or operate, or cause to be operated, any tool, appliance or equipment if that person has reasonable cause to believe that to do so would create an undue hazard to the health or safety of any person.

(2)  A person who refuses to carry out a work process or refuses to operate any tool, appliance or equipment must promptly report the reasons for the refusal to his or her supervisor or to another person exercising a management function.

(3)  Upon receiving the report made under subsection (2), the supervisor or other person exercising the management function must promptly investigate the matter and

(a) ensure that any unsafe condition is remedied without delay, or

(b) reject the report if, in the opinion of the supervisor or other person, the report is not valid, and inform the person who made the report of its rejection.

(4)  If the procedures under subsection (3) do not resolve the matter and the person continues to refuse to carry out the work process or continues to refuse to operate the tool, appliance or equipment, the supervisor or other person exercising the management function who received the report must investigate the matter in the presence of the person who made the report and in the presence of

(a) a representative of the occupational safety and health committee who does not exercise a management function,

(b) an employee who is selected by a trade union representing the person who made the report, or

(c) any other reasonably available employee selected by the person who made the report if there is no occupational safety and health committee or the person who made the report is not represented by a trade union.

(5)  If the investigation under subsection (4) does not resolve the matter and the person continues to refuse to carry out the work process or continues to refuse to operate the tool, appliance or equipment, both the supervisor or other person exercising the management function who received the report and the person who made the report must promptly notify an inspector, and the inspector must investigate the matter without undue delay and issue whatever order he or she deems necessary.

(6)  Before an investigation by the inspector and the issuance of an order, the railway must not assign any other person to carry out the work process or to operate the tool, appliance or equipment unless that other person has been advised of the refusal under subsections (2) and (4).

(7)  A person is not subject to disciplinary action because he or she has acted in compliance with this Division or an order made by an inspector.

(8)  The temporary assignment to alternative work of any person who under this section refuses to carry out a work process or refuses to operate any tool, appliance or equipment must be at no loss in pay to that person until the matter is resolved, and is deemed not to constitute disciplinary action.

 Railway's responsibility to instruct

106.01  Every railway must ensure that adequate direction and instruction is given to each employee in the safe performance of his or her duties.

 Supervisor's responsibility to instruct

106.02  Every supervisor must be responsible for the proper instruction of each employee under his or her direction and control to ensure that the employee's work is performed without undue risk.

 Physical and mental impairments

106.03  An employee with a physical or mental impairment must not be assigned to work where such an impairment endangers the employee or any other person.

 Impairment by alcohol, drug or other substances

106.04  An employee must not enter or remain on, or be permitted to enter or remain on, the premises of any place of employment while his or her ability to work is so affected by alcohol, a drug or other substance as to endanger the health or safety of the employee or any other person.

 Improper conduct

106.05  An employee must not engage in any improper activity or behavior that might create or constitute a hazard to the employee or any other person.

 Building codes and specifications

106.06  Plans and specifications for new buildings must be in compliance with all applicable national and provincial codes, municipal bylaws and other requirements.

 Strength of structures and equipment

106.07  (1)  Every railway must ensure that

(a) machinery and equipment are capable of safely performing the functions for which they are used, and

(b) buildings and permanent and temporary structures are capable of withstanding any stresses likely to be imposed upon them.

(2)  Except as provided elsewhere in this regulation, the safe working load of any equipment must be that specified by the manufacturer.

(3)  The safe working load must be certified by a registered professional engineer if

(a) the manufacturer's specifications or other acceptable warranty cannot be produced,

(b) the equipment has been modified in a manner which will change its safe working load,

(c) wear, corrosion, damage or signs of fatigue are found which may reduce the safe working load,

(d) the equipment is used in a manner or for purposes other than that for which it was originally designed and such use will change the safe working load, or

(e) in the opinion of the minister the provision of such certification is deemed to be necessary.

 Maintenance of safe work conditions

106.08  The condition of all buildings, excavations, structures, machinery, equipment, tools and places of employment must be maintained so that employees will not be endangered.

 Re-assembled equipment or structures

106.09  When any equipment or structure is dismantled in whole or in part and subsequently re-assembled, it must not be used until completely checked and found to be safe for operation or use.

 Inspection of places of employment

106.10  (1)  Every railway must ensure that regular inspections are made of all places of employment, including buildings, structures, grounds, excavations, tools, equipment, machinery and work methods and practices, and such inspections must be made at intervals that will prevent the development of unsafe working conditions.

(2)  Machinery, tools and equipment must be inspected in accordance with the manufacturer's recommendations or as otherwise specified by this regulation.

(3)  Special inspections must be made when required because of malfunction or accident.

(4)  Inspections required by subsection (1) and special inspections required by subsection (3) must, where feasible, include the participation of members of the occupational safety and health committee as required by section 103.05 (2) (d).

(5)  For the purpose of subsection (4),

(a) if there is no committee, the railway must designate a management representative and the union must designate a representative, and

(b) if there is no union, the railway must invite the employees to designate an employee as their representative.

(6)  Unsafe or harmful conditions found in the course of an inspection under this section must be remedied without delay.

 Correction of unsafe conditions

106.11  If a person observes what appears to be an unsafe or harmful condition or act, that person must report it as soon as possible to a supervisor or to some other person exercising management functions and the person receiving the report must investigate the reported unsafe condition or act and must ensure that any necessary corrective action is taken without delay.

 Exposure to imminent danger

106.12  If emergency action is required to correct a condition which constitutes an immediate threat to an employee, only those qualified and properly instructed employees necessary to correct the unsafe condition may be exposed to the hazard and every possible effort must be made to control the hazard while this is being done.

 Provision and use of clothing and protective equipment

106.13  (1)  Every employee must be equipped with clothing suitable for protection against the natural elements to which he or she may be exposed and, if required by this regulation, with gloves, safety headgear and safety footwear.

(2)  A railway must, if required by this regulation, equip each employee, at no cost to the employee, with respiratory, fall-arresting, buoyancy, eye and hearing protective devices, foot guards and other specialized protective garments and equipment.

(3)  Every railway must ensure that all safeguards, safety appliances and devices, including personal protective equipment necessary for the protection of employees, are available and are used by the employees.

(4)  Nothing in this section precludes or alters a future or existing agreement or arrangement between an employee or employees and a railway to the effect that the railway will be responsible for the provision, either at no cost to the employee or at some cost to the employee, of any or all of the items described in subsection (1).

 Circumvention of safeguards

106.14  A person must not intentionally remove, impair or render ineffective any safeguard provided for the protection of employees.

 Authorized operation of machinery and equipment

106.15  (1)  Machinery and equipment must only be operated by authorized persons.

(2)  A railway must not authorize a person to operate machinery or equipment unless that person has been adequately instructed and trained and has demonstrated an ability to safely operate the machinery or equipment.

 Manual lifting and carrying restrictions

106.16  If any material, article or object is manually lifted, carried or moved, it must be lifted, carried or moved in a manner and with such precautions and safeguards, including training, protective clothing and mechanical aids, as to ensure that the process does not endanger the safety and health of any employee.

 Putting equipment into operation

106.17  Before any machinery or equipment is put into operation, the person responsible for doing so must ensure that

(a) all safeguards and air contaminant controls required by this regulation are in place and functioning, and

(b) no person will be endangered by putting the machinery or equipment into operation.

 Checking an employee's well-being

106.18  (1)  If an employee is working under conditions which present a significant hazard of a disabling injury and the employee might not be able to secure assistance in the event of such an injury or other misfortune, a railway must provide a means of periodically checking on the well-being of the employee.

(2)  The checks required under subsection (1) must be made at such intervals and by such means as are appropriate to the nature, hazard and circumstances of the work being performed.

(3)  The circumstances, intervals and means of carrying out the checks required under this section must be determined in each case by the railway in consultation with the occupational safety and health committee or, if there is no committee, in consultation with the employee's representative.

(4)  An inspector, on request, may assist in establishing a practicable means of checking the well-being of employees.

 Compliance

107.01  Every railway and every employee must comply with B.C. Reg. 277/88, the Workplace Hazardous Materials Information System Regulation (Railways), in respect of controlled products used, stored and handled at a place of employment.

 General

300.01  (1)  The levels of lighting required by this Division must, if reasonably practicable, be provided by a lighting system installed by the railway.

(2)  If it is not reasonably practicable to comply with subsection (1), the railway must provide portable lanterns that give the required levels of lighting.

 Measurement of levels of lighting

300.02  For the purposes of this Division, the level of lighting in an area must be measured

(a) at the level at which the work is performed if the work is performed at a level higher than the floor,

(b) at floor level if the source of lighting is at floor level, and

(c) 1 m above the floor in every other case.

 Minimum levels of lighting on rolling stock

300.03  The level of lighting in an area referred to in Column 1 of Schedule 3.1 must not be less than the level set out opposite in Column 2.

 Minimum levels of lighting off rolling stock

300.04  The level of lighting in an area referred to in Column 1 of Schedule 3.2 must not be less than the level set out opposite in Column 2.

 Emergency lighting

300.05  (1)  If the lighting system fails in an area through which an employee passes while carrying out procedures referred to in section 309.07 (2) (a), emergency lighting must be available for immediate use in the area.

(2)  The emergency lighting referred to in subsection (1) must

(a) operate automatically, if reasonably practicable, in the event of a failure of the lighting system, and

(b) provide a level of lighting of 3 dalx (3 foot-candles).

 Interpretation

301.01  In this Division "sound level meter" means an instrument for measuring levels of sound and impulse sound that meet the standards set out in American National Standards Institute Standard ANSI S1.4-1983, Specification for Sound Level Meters and referred to in that Standard as Type 0, 1 and 2.

 Levels of sound

301.02  (1)  Subject to subsections (2) and (3) and section 301.03, the level of sound in a work area must be less than 87 dB.

(2)  Subject to subsection (3), if it is not reasonably practicable for a railway to maintain the level of sound in the work area at less than 87 dB, an employee must not be exposed in any 24 hour period to

(a) a level of sound in Column 1 of Schedule 3.3 for a number of hours that exceeds the number of hours set out opposite in Column 2, or

(b) a number of different levels of sound referred to in Column 1 of Schedule 3.3 if the sum of the following quotients exceeds 1: the number of hours of exposure to each level of sound in Column 1 divided by the maximum number of hours of exposure per 24 hour period set out opposite in Column 2.

(3)  If it is not reasonably practicable for a railway to maintain the exposure of an employee to a level of sound at or below the levels referred to in subsection (1) or (2), the railway must

(a) make a report in writing to the chief inspecting engineer setting out the reasons why the exposure cannot be so maintained, and

(b) provide every employee entering the work area with a hearing protector that

(i)  meets the standards set out in CSA Standard Z94.2-M1984, Hearing Protectors, and

(ii)  reduces the level of sound reaching the employee's ears to less than 87 dB.

 Impulse level of sound

301.03  If the level of impulse sound in a work area exceeds 140 dB, the railway must provide every employee entering the work area with a hearing protector that

(a) meets the standards set out in CSA Standard Z94.2-M1984, Hearing Protectors, and

(b) reduces the peak level of impulse sound reaching the employee's ears to 140 dB or less.

 Sound level measurement

301.04  The levels of sound referred to in section 301.02 must be measured by using the slow exponential time averaging characteristic and the A weighting characteristic of a sound level meter.

 Impulse sound level measurement

301.05  The level of impulse sound referred to in section 301.03 must be measured by using the impulse exponential time averaging characteristic of a sound level meter.

 Warning signs

301.06  If the level of sound in rolling stock that is a work area is 87 dB or more or the peak level of impulse sound exceeds 140 dB, the railway must post signs in the rolling stock warning persons entering the work area that there is a hazardous level of sound or impulse sound in the rolling stock and, where applicable, stating

(a) the maximum number of hours of exposure as determined under section 301.02 (2), and

(b) the requirement to wear a hearing protector.

 Interpretation

302.01  In this Division:

"control device" means a device that will safely disconnect electrical equipment from its source of energy;

"electrical equipment" means equipment for the generation, distribution or use of electricity;

"guarded" means, in relation to electrical equipment, equipment that is

(a) covered, shielded, enclosed or otherwise protected in a manner that prevents injury to an employee who touches or goes near the equipment, or

(b) located in a place inaccessible to employees.

 Safety procedures

302.02  (1)  If work, other than the work referred to in subsection (2), is performed on electrical equipment, the railway must submit special procedures for acceptance by the chief inspecting engineer.

(2)  If an employee is required to throw switches, change light bulbs or fuses or perform other work that requires no electrical training, the following procedures apply:

(a) if the electrical equipment is live or may become live, an employee must not work on the equipment unless the railway has instructed the employee in procedures that are safe for work on live conductors;

(b) subject to paragraph (c), if an employee is working on or near electrical equipment that is live or may become live, the electrical equipment must be guarded;

(c) if it is not practicable for electrical equipment referred to in paragraph (b) to be guarded, the railway must take measures to protect the employee from injury by insulating the equipment from the employee or insulating the employee from ground.

 Switches and control devices

302.03  (1)  Every control device must be so designed and located as to permit quick and safe operation at all times.

(2)  The path of access to every electrical switch, control device or meter must be free from obstruction.

(3)  If an electrical switch or other control device controlling the supply of electrical energy to electrical equipment is operated only by a person authorized to do so by the railway, the switch or control device must be fitted with a locking device that only the authorized person can activate.

 Electrified railway lines

302.04  All activities and operations related to electrified railway lines must be in accordance with specific company rules approved by the minister.

 Interpretation

303.01  In this Division:

"ARI" means the Air Conditioning and Refrigeration Institute of the United States;

"food preparation area" includes an area used for the storage of food.

 General

303.02  (1)  Every railway must maintain on-board accommodation and food preparation areas used by employees in a clean and sanitary condition.

(2)  On-board accommodation and food preparation areas must be used by employees in a manner that the accommodation and food preparation areas remain in as clean and sanitary condition as is possible.

 Janitorial work

303.03  All janitorial work that may cause dusty or unsanitary conditions must be carried out in a manner that will prevent the contamination of the air by dust or other substances injurious to health.

 Construction of on-board accommodation and washrooms

303.04  Every on-board accommodation and washroom must be constructed and maintained in a manner that prevents adverse health and safety conditions.

 On-board sanitation

303.05  (1)  If rolling stock has on-board accommodation, the food preparation area must be separated from the sleeping quarters.

(2)  Every on-board accommodation must have

(a) garbage disposal facilities to prevent the accumulation of garbage,

(b) potable water, heating, ventilation and sanitary sewage systems, and

(c) a means of vermin control.

 Garbage containers

303.06  Every garbage container that is used for solid or liquid waste in a work area must be

(a) equipped with a tight fitting cover,

(b) constructed so that it can be easily cleaned and maintained in a sanitary condition,

(c) leak-proof, and

(d) emptied at least once each day that it is used.

 Vermin control

303.07  If vermin have entered any enclosed part of a work area, on-board accommodation, washroom or food preparation area, the railway must immediately take all steps necessary to eliminate the vermin and prevent the re-entry of the vermin.

 Storage of equipment prohibited

303.08  A person must not use on-board accommodation, a washroom or a food preparation area for the purpose of storing equipment unless

(a) a storage closet fitted with a door is provided in the on-board accommodation, washroom or food preparation area, or

(b) the equipment is secured in a manner that protects employees from injury.

 Temperature levels

303.09  Every on-board accommodation, washroom and food preparation area must, where reasonably practicable, be maintained at a temperature of not less than 18°C (65°F) and not more than 29°C (85°F), as measured 1 m above the floor in the centre of the room or area.

 Floors, partitions and walls

303.10  (1)  Every on-board accommodation, washroom and food preparation area must be constructed so that the floors, partitions and walls can be easily washed and maintained in a sanitary condition.

(2)  The floor and the lower 150 mm (6 in.) of walls and partitions that are in contact with the floor in a food preparation area or washroom must be watertight and impervious to moisture.

 Provision for washrooms

303.11  (1)  Every railway must, if reasonably practicable, provide a washroom on rolling stock other than rolling stock designed for the transportation of freight and maintenance-of-way equipment.

(2)  If it is not reasonably practicable under subsection (1) to provide a washroom on rolling stock, the railway must provide a washroom that is readily accessible to employees and is off the rolling stock or coupled to the rolling stock.

 Washroom locking devices

303.12  Every washroom must be fitted on the inside with a locking device that can be opened from the outside in an emergency.

 Provision for washrooms for both sexes

303.13  (1)  Subject to subsection (2), if a washroom is provided under section 303.11 and employees of both sexes are employed at the same place of employment, a railway must provide a separate washroom for employees of each sex.

(2)  The railway may provide only one washroom for employees of both sexes if the washroom is completely enclosed with solid material that is nontransparent from the outside.

(3)  If separate washrooms are provided for employees of each sex, each washroom must be equipped with a door that is clearly marked to indicate the sex of the employees for whom the washroom is provided.

 Types of toilets

303.14  (1)  Subject to subsection (2), the toilet provided in a washroom must,

(a) in the case of a locomotive, be a self-contained chemical flush type, and

(b) in the case of a caboose, be of a type and construction that waste is not deposited on the track bed or on any part of the caboose.

(2)  Outside flush or dryhopper type toilets that are suitable for year round use may be used in a locomotive or caboose if they were installed in that locomotive or caboose before May 1, 1969.

 Washroom supplies

303.15  (1)  Subject to subsection (2), every washroom must be provided with

(a) toilet paper on a holder or in a dispenser, and

(b) hand cleaning and drying supplies.

(2)  If washroom supplies are not provided as required by subsection (1), the railway must provide toilet paper and hand cleaning and drying supplies to each individual employee.

(3)  A non-combustible container must be provided in or adjacent to every washroom for the disposal of hand cleaning and drying supplies.

(4)  A covered container or an envelope that is impervious to moisture must be provided for the disposal of sanitary napkins in each washroom provided for the use of female employees.

 Hot and cold running water

303.16  Every washroom must, if reasonably practicable, be provided with hot and cold running water at each washbasin in the washroom.

 Restrictions on hot water

303.17  If hot water is provided for personal washing, it must not

(a) exceed a temperature of 43°C (110°F) at the discharge spout, and

(b) be heated by mixing water with steam.

 Washroom cleaning agents

303.18  Every washroom that contains a washbasin must be provided with soap, or another cleaning agent, in a dispenser at the washbasin.

 Provision of potable water

303.19  (1)  Subject to subsection (2), every railway must provide potable water for drinking, personal washing and food preparation that meets the standards set out in the Guidelines for Canadian Drinking Water Quality 1978, published under the authority of the Minister of National Health and Welfare (Canada).

(2)  The railway is not required to provide potable water for personal washing if waterless hand cleaning supplies are provided.

 Transport of potable water

303.20  Sanitary portable water containers must be used if it is necessary to transport water for drinking, personal washing or food preparation.

 Portable storage of drinking water

303.21  (1)  If a portable storage container for drinking water is used, the container must

(a) be securely covered and closed,

(b) be used only for the purpose of storing potable water, and

(c) not be stored in a washroom.

(2)  If the container under subsection (1) is not a single use storage container, water must be drawn from it by

(a) a tap,

(b) a ladle used only for the purpose of drawing water from the container, or

(c) any means that precludes the contamination of the water.

 Provision for single use drinking cups

303.22  Except where drinking water is supplied by a drinking fountain or a single use portable storage container, sanitary single use drinking cups must be provided.

 Use of ice

303.23  If ice is added to drinking water or used for the contact refrigeration of foodstuffs, the ice must be

(a) made from potable water, and

(b) stored and handled in a manner that prevents contamination.

 Drinking fountains

303.24  If drinking water is supplied by a drinking fountain, the fountain must meet the standards set out in ARI Standard 1010-82, Standard for Drinking Fountains Self-Contained, Mechanically Refrigerated Drinking Water Coolers.

 Requirements for food handlers

303.25  (1)  Every food handler must be instructed and trained in food handling practices that prevent the contamination of food.

(2)  A person who is suffering from a communicable illness must not work as a food handler.

 Foodservice sanitation code

303.26  If food is served in a place of employment, every railway must adopt and implement Section G, except items 2 and 11, of the Sanitation Code for Canada's Foodservice Industry, published by the Canadian Restaurant and Foodservices Association, dated September, 1984.

 Refrigeration and freezing of food

303.27  (1)  Food that requires refrigeration to prevent it from becoming hazardous to health must be maintained at a temperature of 4°C (40°F) or lower.

(2)  If food stored by the railway for consumption by employees requires freezing to prevent it from becoming hazardous to health, the food must be maintained at a temperature of -11°C (12°F), or lower.

 Equipment and utensils used for food

303.28  All equipment and utensils that come into contact with food must be

(a) designed to be easily cleaned,

(b) smooth and free from cracks, crevices, pitting or unnecessary indentations, and

(c) cleaned to maintain their surfaces in a sanitary condition.

 Contamination of food

303.29  A person must not store, prepare or eat food

(a) in a place where a dangerous substance may contaminate food, dishes or utensils,

(b) in a washroom, or

(c) in any other place where food is likely to be contaminated.

 Storage of food waste and garbage

303.30  (1)  Food waste and garbage must not be stored in a food preparation area.

(2)  Food waste and garbage must be held in leak proof, non-absorptive, easily cleaned containers with tight fitting covers and must be kept in a separate enclosed area or container until removed for disposal.

 Ventilation

303.31  (1)  Subject to subsection (2) and if reasonably practicable, the exhaust system for on-board accommodation, a washroom or a food preparation area must

(a) be of a mechanical type, and

(b) not be connected with any other exhaust or air supply system.

(2)  The exhaust system for on-board accommodation, a washroom or a food preparation area may be connected to the exhaust duct of another room at the exhaust fan inlet if it is connected in such a manner that an exchange of air between those rooms or areas cannot occur.

 Clothing storage

303.32  Every railway must provide clothing storage facilities for the storage of overcoats and other clothes not worn by employees while they are working.

 Sleeping quarters

303.33  If on-board accommodation includes sleeping quarters, every employee must be provided with

(a) a separate bed or bunk that is not part of a unit that is more than double tiered and is so constructed that it can be easily cleaned and disinfected,

(b) a mattress, pillow, blanket and bed cover that are kept in a clean and sanitary condition, and

(c) cleanly laundered sheets and a pillow case at least once a week.

 Interpretation

304.01  In this Division "lower explosive limit" means the lower limit of flammability of a chemical agent or a combination of chemical agents at ambient temperature and pressure expressed,

(a) for a gas or vapour, as a percentage in air by volume, and

(b) for dust, as a weight of dust per volume of air.

 Application

304.02  Sections 304.03 to 304.05 do not apply to the transportation or handling of dangerous goods as defined in the Transport of Dangerous Goods Act.

 Hazard investigation

304.03  (1)  If there is a likelihood that the safety or health of an employee in a work area is or may be endangered by exposure to a hazardous substance, a railway must, without delay,

(a) appoint a qualified person to carry out an investigation, and

(b) notify the safety and health committee, or the safety and health representative if any, of the proposed investigation and of the name of the qualified person appointed to carry out that investigation.

(2)  The person appointed to carry out the investigation referred to in subsection (1) must take into consideration the following criteria:

(a) the chemical, biological and physical properties of the hazardous substance;

(b) the routes of exposure of the hazardous substance;

(c) the effects on safety and health from exposure to the hazardous substance;

(d) the state, concentration and quantity of the hazardous substance handled;

(e) the manner in which the hazardous substance is handled;

(f) the control methods used to eliminate or reduce exposure to the hazardous substance;

(g) the value, level or percentage of the hazardous substance to which an employee is likely to be exposed;

(h) whether the value, level or percentage referred to in paragraph (g) is likely to

(i)  exceed that prescribed in section 304.20 or 304.21 or Division 301, or

(ii)  be less than that prescribed in Division 300.

 Written report

304.04  On completion of the investigation referred to in section 304.03 (1) and after consultation with the safety and health committee or the safety and health representative, the qualified person must set out, in a signed written report, his or her

(a) observations respecting the criteria considered under section 304.03 (2), and

(b) recommendations respecting the manner of compliance with sections 304.06 to 304.23.

 Filing of report

304.05  The report referred to in section 304.04 must be kept by the railway for a period of 2 years after the date on which the qualified person signed the report.

 Substitution of substances

304.06  (1)  A hazardous substance must not be used for any purpose in a work area if it is reasonably practicable to substitute for the hazardous substance a substance that is not a hazardous substance.

(2)  If a hazardous substance is required for any purpose in a work area and an equivalent substance that is less hazardous is available for that purpose, the equivalent substance must be substituted for the hazardous substance if reasonably practicable.

 Ventilation

304.07  Every ventilation system used to control the concentration of an airborne hazardous substance must be designed, constructed and installed so that

(a) the concentration of the airborne dangerous substance does not exceed the values, levels and percentages prescribed in sections 304.20 and 304.21 if the airborne hazardous substance is a chemical agent, and

(b) the concentration of the airborne hazardous substance is not hazardous to the safety or health of employees if the airborne hazardous substance is not a chemical agent.

 Storage, handling and use of hazardous substance

304.08  Every hazardous substance stored, handled or used in a work area must be stored, handled or used in a manner whereby the hazard related to that substance is reduced to a minimum.

 Confinement of hazard

304.09  Subject to section 304.11, if a hazardous substance is stored, handled or used in a work area, any hazard resulting from that storage, handling or use must be confined to as small an area as practicable.

 Quantity of a hazardous substance

304.10  The quantity of a hazardous substance used or processed in a work area must, to the extent that is practicable, be limited to the quantity required for use or processing in the work area in one work day.

 Ignition of combination substance

304.11  If a hazardous substance is capable of combining with another substance to form an ignitable combination and a hazard of ignition of the combination by static electricity exists in a work area, the railway must adopt and implement the standards set out in the United States National Fire Prevention Association Inc. publication NFPA 77-1983, Recommended Practice on Static Electricity.

 Containers

304.12  Every radioactive material used in a work area must, when not in use, be packaged in accordance with the requirements of the Transport Packaging of Radioactive Materials Regulations issued by the Atomic Energy Control Board, Ottawa.

 Labelling

304.13  Every container of a hazardous substance that is stored, handled or used in a work area must be labelled, marked, or tagged in compliance with B.C. Reg. 277/88, the Workplace Hazardous Materials Information System Regulation (Railways), [WHMIS].

 Material safety data sheets

304.14  Material safety data sheets pertaining to a hazardous substance stored, handled or used in a work area must be made available in compliance with B.C. Reg. 277/88, the Workplace Hazardous Materials Information System Regulation (Railways), [WHMIS].

 Transfer of hazardous substance

304.15  Every assembly of pipes, pipe fittings, valves, safety devices, pumps, compressors and other fixed equipment that is used for transferring a hazardous substance from one location to another must be

(a) marked or tagged in compliance with B.C. Reg. 277/88, the Workplace Hazardous Materials Information System Regulation (Railways), [WHMIS] to identify the hazardous substance being transferred,

(b) fitted with valves and other control and safety devices to ensure its safe operation, and

(c) adequate for its intended purpose having regard to the corrosiveness, pressure, temperature and other properties of the hazardous substance being transferred.

 Training of employees

304.16  If an employee is required to handle or be exposed to, or is likely to handle or be exposed to, a hazardous substance, the railway must instruct and train the employee in compliance with B.C. Reg. 277/88, the Workplace Hazardous Materials Information System Regulation (Railways), [WHMIS].

 Instructions pertaining to an assembly of pipes

304.17  If an employee operates, maintains or repairs an assembly of pipes referred to in section 304.15, the railway must

(a) bring to the attention of the employee each valve and other control and safety device connected to the assembly of pipes, and

(b) instruct and train the employee in the safe and proper use of the assembly of pipes in compliance with B.C. Reg. 277/88, the Workplace Hazardous Materials Information System Regulation (Railways), [WHMIS].

 Written records

304.18  (1)  The railway must keep a written record of the employee training program referred to in B.C. Reg. 277/88, the Workplace Hazardous Materials Information System Regulation (Railways), [WHMIS] and the record must be

(a) kept readily available for examination by the employee, and

(b) kept for 2 years after the employee is no longer

(i)  required to handle or be exposed to the hazardous substance, or likely to be required to handle or be exposed to the hazardous substance, or

(ii)  required to operate, maintain or repair the assembly of pipes.

(2)  The record referred to in subsection (1) must include the name of the employee who was instructed and trained and the date of the instruction and training.

 Medical examinations

304.19  (1)  If the report referred to in section 304.04 contains a recommendation for a medical examination, the railway may consult a medical practitioner regarding that recommendation.

(2)  If the railway

(a) consults a medical practitioner in accordance with subsection (1) and the medical practitioner confirms the recommendation for a medical examination, or

(b) does not consult a medical practitioner in accordance with subsection (1),

the railway must not permit an employee to work with the hazardous substance in a work area until a medical practitioner acceptable to the employee has examined the employee and declared the employee fit for work with the hazardous substance.

(3)  If the railway consults a medical practitioner in accordance with subsection (1), the railway must keep a copy of the decision of the medical practitioner with the report referred to in section 304.04.

(4)  The cost of the medical examination referred to in subsection (2) must be paid by the railway.

 Control of hazards

304.20  (1)  An employee must not be exposed to a concentration of

(a) an airborne chemical agent in excess of the value for that chemical agent adopted by the American Conference of Governmental Industrial Hygienists in its publication entitled Threshold Limit Values and Biological Exposure Indices for 1986-1987, or

(b) an airborne hazardous substance, other than a chemical agent, that is hazardous to the safety or health of the employee.

(2)  If there is a possibility that an employee may be exposed to a concentration of an airborne chemical agent in excess of the value referred to in subsection (1) (a), the air must be sampled by a qualified person and the concentration of the chemical agent determined by a test in accordance with

(a) the standards set out by the American Conference of Governmental Industrial Hygienists in its publication entitled Manual of Analytical Methods Recommended for Sampling and Analysis of Atmospheric Contaminants, 1958,

(b) the standards set out by the United States National Institute for Occupational Safety and Health in the NIOSH Manual of Analytical Methods, Third Edition, Volumes 1 and 2, February, 1984, or

(c) a method set out in the United States Federal Register, Volume 40, No. 33, February , 1975, as amended by Volume 41, No. 53, March 17, 1976.

(3)  A record of each test made under subsection (2) must be kept by the railway for 3 years after the date of the test.

(4)  The record referred to in subsection (3) must include

(a) the date, time and location of the test,

(b) the chemical agent for which the test was made,

(c) the sampling and testing method used,

(d) the result obtained, and

(e) the name and occupation of the qualified person who made the test.

 Concentration of airborne chemical agents

304.21  (1)  Subject to subsection (2), the concentration of an airborne chemical agent or combination of airborne chemical agents in a work area must be less than 50% of the lower explosive limit of the chemical agent or combination of chemical agents.

(2)  Where a source of ignition could ignite the concentration of an airborne chemical agent or combination of airborne chemical agents in a work area, that concentration must not exceed 10% of the lower explosive limit of the chemical agent or combination of chemical agents.

 Explosive signalling devices

304.22  A person must not handle or use an explosive signalling device unless that person is a qualified person.

 Radiation emitting devices

304.23  (1)  If a radar device or a telecommunications transmitter capable of producing and emitting energy in excess of 5W is used in a work area, the railway must make a written report to the Radiation Protection Bureau of the Department of National Health and Welfare (Canada), setting out a description of the device or the transmitter.

(2)  If a radio frequency device or a microwave device in the frequency range 10 MHz-300 GHz is used in a work area, the railway must adopt and implement Safety Code 6, the recommended safety procedures for the installation and use of radio frequency and microwave devices in the frequency range 10 MHz-300 GHz, published by the Radiation Protection Bureau of the Department of National Health and Welfare (Canada), February, 1979.

 Interpretation

305.01  In this Division:

"oxygen deficient atmosphere" means an atmosphere in which there is less than 18% by volume of oxygen at a pressure of one atmosphere or in which the partial pressure of oxygen is less than 135 mm Hg;

"protection equipment" means safety materials, equipment, devices and clothing.

 General

305.02  A person granted access to a work area who is exposed to a safety or health hazard must use the protection equipment prescribed by this Division if

(a) it is not reasonably practicable to eliminate the hazard in the work area or to control it within safe limits, and

(b) the use of protection equipment could prevent or reduce injury from the hazard.

 Design of protection equipment

305.03  All protection equipment must

(a) be designed to protect a person from the hazard for which it is provided, and

(b) not in itself create a hazard.

 Maintenance of protection equipment

305.04  Every railway must provide protection equipment that is

(a) maintained, inspected and tested by a qualified person, and

(b) maintained in a clean and sanitary condition by a qualified person if necessary to prevent a health hazard.

 Protective headwear

305.05  If there is any hazard of head injury in a work area, the railway must provide protective headwear that meets the standards set out in CSA Standard Z94.1-Ml977, Industrial Protective Headwear, April, 1977, as amended to September, 1982.

 Protective footwear

305.06  (1)  If there is any hazard of a foot injury or electric shock through footwear in a work area, protective footwear that meets the standard set out in CSA Standard Z195-Ml984, Protective Footwear, March, 1984, must be used.

(2)  If there is any hazard of slipping in a work area, non-slip footwear must be used.

 Eye and face protection

305.07  If there is any hazard of injury to the eyes, face, ears or front of the neck of in a work area, the railway must provide eye or face protectors that meet the standards set out in CSA Standard Z94.3-Ml982, Industrial Eye and Face Protectors, May, 1982.

 Respiratory protection

305.08  (1)  If there is any hazard of an airborne dangerous substance or an oxygen deficient atmosphere in a work area, the railway must provide a respiratory protective device that is listed in the NIOSH Certified Equipment List as of October 1, 1984 and dated February, 1985, published by the United States National Institute for Occupational Safety and Health.

(2)  The respiratory protective device referred to in subsection (1) must be selected, fitted, cared for, used and maintained in accordance with the standards set out in CSA Standards Z94.4-M1982, Selection, Care and Use of Respirators, May, 1982, as amended to September, 1984, but excluding clauses 6.1.5, 10.3.3.1.2 and 10.3.3.4.2 (c).

(3)  If air is provided for the purpose of the respiratory protective device referred to in subsection (1),

(a) the air must meet the standards set out in clauses 5.5.2 to 5.5.11 of CSA Standard CAN3-Z180.1-M85, Compressed Breathing Air and Systems, December, 1985, and

(b) the system that supplies air must be constructed, tested, operated and maintained in accordance with the CSA Standard referred to in paragraph (a).

 Defective breathing cylinders

305.09  (1)  If a self-contained breathing apparatus cylinder has a dent more than 1.5 mm deep and less than 50 mm in major diameter or shows evidence of deep pitting, cracks, splits, gouges or any other defect with a sharp bottom, the cylinder must be removed from service until it has been shown to be safe for use by a hydrostatic test.

(2)  The hydrostatic test performed under subsection (1) must be performed in accordance with the procedures set out in subsection 73.34 (e) of the Regulations for the Transportation of Dangerous Commodities by Rail, published under the authority of the Canadian Transport Commission and adopted under B.C. Reg. 85/89, the Storage, Handling and Transportation of Dangerous Goods by Railway.

 Skin protection

305.10  If there is any hazard of injury or disease through the skin in a work area, the railway must provide to each person granted access to the work area

(a) a shield or screen,

(b) a cream to protect the skin, or

(c) an appropriate body covering.

 Loose clothing

305.11  Loose fitting clothing, long hair, dangling accessories, jewellery or other similar items that are likely to be hazardous to the health or safety of an employee in a work area must not be worn unless they are tied, covered or otherwise secured so as to prevent the hazard.

 Protection equipment records

305.12  (1)  A record of all protection equipment provided by the railway must be kept for a period of 2 years after the equipment ceases to be used.

(2)  The record referred to in subsection (1) must contain

(a) a description of the equipment and the date of its acquisition by the railway,

(b) the date and result of each inspection and test of the equipment,

(c) the date and nature of any maintenance work performed on the equipment since its acquisition by the railway, and

(d) the name of the person who performed the inspection, test or maintenance of the equipment.

 Instructions and training

305.13  (1)  Every person granted access to a work area where protection equipment is required must be instructed by the railway in the use of the equipment.

(2)  Every employee who uses protective equipment must be instructed and trained in the use, operation and maintenance of the equipment.

(3)  The instructions referred to in subsection (2) must be

(a) set out in writing, and

(b) readily available for examination by each person granted access to the work area.

 Reporting of defects in protective equipment

305.14  If an employee finds any defect in protective equipment that may render it unsafe for use, the employee must report the defect to the railway as soon as possible.

 Tagging of defective protective equipment

305.15  The railway must mark or tag as unsafe and remove from service any protective equipment that has a defect which may render it unsafe for use.

 Interpretation

306.01  In this Division "hand tool" means a tool designed to be held in the hand and operated by manual power.

 Hand tools

306.02  If an employee finds any defect in a hand tool that may render it unsafe for use, the employee must report the defect to the railway as soon as possible.

 Defective hand tools

306.03  The railway must mark or tag as unsafe and remove from service any hand tool that has a defect that may render it unsafe for use by any employee.

 Manual handling of materials

306.04  If the manual handling of materials, goods or things may be hazardous to the health or safety of an employee because of the weight, size, shape, toxicity or other characteristic of the materials, goods or things, the railway must issue instructions that the materials, goods or things must not, if reasonably practicable, be handled manually.

 Employee training

306.05  If an employee is required to manually lift or carry loads in excess of 10 kg. (22 lbs.), the railway must issue instructions and train the employee

(a) in a safe method of lifting and carrying the loads, and

(b) in a work procedure appropriate to the conditions of the work area and the employee's physical condition.

 Written instructions

306.06  If an employee is required to manually lift or carry loads in excess of 45 kg. (100 lbs.), the instructions given under section 306.05 must be

(a) set out in writing,

(b) readily available to the employee to whom they apply, and

(c) kept by the railway for 2 years after the instructions cease to apply.

 Hand carts

306.07  If a hand cart is provided for use in a work area, it must be

(a) capable of carrying the intended load without tipping, and

(b) fitted with a braking mechanism to prevent uncontrolled movement if the hand cart is used for serving food or beverages.

 General

307.01  Rolling stock must, to the extent that is reasonably practicable, be designed and constructed so that a failure of any part of the rolling stock will not result in loss of control of the rolling stock or create a hazardous condition.

 Fuel tanks

307.02  If a fuel tank, compressed gas cylinder or similar container contains a dangerous substance and is mounted on rolling stock, it must be

(a) located or protected so that under all conditions it is not hazardous to the health or safety of an employee who is required to operate or ride on the rolling stock, and

(b) connected to fuel overflow and vent pipes that are located so that fuel spills and vapours

(i)  cannot be ignited by hot exhaust pipes or other hot or sparking parts, and

(ii)  are not hazardous to the health or safety of an employee who is required to operate or ride on the rolling stock.

 Protection from the elements

307.03  (1)  All rolling stock occupied by an operator must be fitted with a roof or other structure that protects the operator from exposure to any weather condition that is likely to be hazardous to the operator's health or safety.

(2)  If heat produced by self-propelled rolling stock is capable of raising the temperature in the operator's compartment or position to 29°C (85°F) or higher, the compartment or position must be protected from the heat by an insulated barrier.

 Vibration

307.04  All self-propelled rolling stock must be designed and constructed so that the operator will not be injured or the operator's control of the rolling stock will not be impaired by any vibration, jolting or uneven movement of the rolling stock.

 Controls

307.05  The arrangement and design of dial displays and controls and general layout and design of the operator's compartment or position on all self-propelled rolling stock must not hinder or prevent the operator from operating the rolling stock.

 Control systems

307.06  All self-propelled rolling stock must be fitted with braking and other control systems that

(a) are capable of safely controlling and stopping the movement of the rolling stock or any accessory equipment that is on or forms a part of the rolling stock, and

(b) respond reliably and quickly to moderate effort on the part of the operator.

 Electric rolling stock

307.07  Self-propelled rolling stock that is electrically powered must be designed and constructed so that the operator and all other employees are protected from electrical shock or injury by means of protective guards, screens or panels secured by bolts, screws or other equally reliable fasteners.

 Automatic rolling stock

307.08  Rolling stock that is controlled or operated by a remote or automatic system must be prevented from making physical contact with an employee by the provision of an emergency stop system.

 Warning device

307.09  Self-propelled rolling stock used for transporting passengers and locomotives operated in an area occupied by employees must be fitted with a horn or other audible warning device that emits a distinctive sound that can be heard clearly above the noise of the rolling stock or the locomotive and any ambient noise.

 Inspection, testing and maintenance

307.10  (1)  Before a class of rolling stock is operated for the first time, the railway must set out in writing instructions for the inspection, testing and maintenance of that class of rolling stock.

(2)  The instructions referred to in subsection (1) must specify the nature and frequency of inspections, tests and maintenance.

 Qualifications and reports

307.11  (1)  Every inspection, test and maintenance of rolling stock must be performed by a qualified person.

(2)  The qualified person referred to in subsection (1) must

(a) comply with the instructions referred to in section 307.10 (1), and

(b) make and sign a report of any inspection, test or maintenance work performed by the qualified person.

(3)  The report referred to in subsection (2) (b) must

(a) include the date of the inspection, test or maintenance work performed by the qualified person,

(b) identify the rolling stock that was inspected, tested or maintained, and

(c) set out the safety observations of the qualified person who inspected, tested or maintained the rolling stock.

(4)  The railway must keep a copy of

(a) the instructions referred to in section 307.10 (1) for one year after the instructions are set out in writing, and

(b) the report referred to in subsection (2) (b) for one year after the report is signed.

 Operator instruction and training

307.12  (1)  Every operator of self-propelled rolling stock must be instructed and trained by the railway in the procedures to be followed for

(a) the safe and proper use of the rolling stock, and

(b) the fueling, if applicable, of the rolling stock.

(2)  The railway must keep a record of any instruction and training referred to in subsection (1) for as long as the operator remains in the employ of the railway.

 Operation of rolling stock

307.13  The railway must not allow or require an employee to operate self-propelled rolling stock unless the employee is capable of operating the rolling stock safely.

 Repairs to rolling stock

307.14  Any repair to or modification or replacement of any part of the rolling stock must not decrease the safety of the rolling stock or any part of it.

 Transporting and positioning of employees

307.15  Rolling stock must not be used for transporting or positioning an employee unless the rolling stock is designed for that purpose.

 Employee seating

307.16  If seating is provided for employees on rolling stock, it must be securely installed and, if reasonably practicable, upholstered with a material that breathes.

 Housekeeping

307.17  The floor and the cab and other occupied parts of rolling stock must, insofar as is reasonably practicable, be kept free of any grease, oil, ice, materials, tools or equipment that may cause an employee to slip or trip.

 Fueling of rolling stock

307.18  If rolling stock is fueled in a work area, the fueling must be done in a place where the vapours from the fuel are readily dissipated, all in accordance with section 307.12 (1) (b).

 Tools

307.19  If tools, tool boxes or spare parts are carried on rolling stock, they must be securely stored.

 Storage restrictions

307.20  (1)  All materials, goods and things must be stored and placed in rolling stock in such a manner that the maximum safe load carrying capacity of the floor of the rolling stock or other supporting structures is not exceeded.

(2)  Materials, goods or things must not be stored or placed in rolling stock in a manner that may

(a) reduce the distribution of light,

(b) obstruct or encroach on corridors or exits,

(c) impede the safe operation of the rolling stock,

(d) obstruct the ready access to or the use and operation of fire protection equipment,

(e) interfere with the operation of fixed fire protection equipment, or

(f) be hazardous to the health or safety of any employee.

 Requirement for machine guards

307.21  (1)  Every machine on rolling stock that has exposed parts that are moving, rotating, electrically charged or hot, or that processes, transports or handles material that constitutes a hazard to an employee, must be equipped with a machine guard that

(a) prevents the employee or any part of the employee's body from coming into contact with the parts or material,

(b) prevents access by the employee to the exposed parts or the hazardous material during the operation of the machine, or

(c) makes the machine inoperative if the employee or any part of the employee's clothing is in or near a part of the machine that is likely to cause injury.

(2)  To the extent that it is reasonably practicable, the machine guard referred to in subsection (1) must not be removable.

(3)  The machine guard must be constructed, installed and maintained so that it meets the requirements of subsection (1).

 Operation of machines with guards

307.22  (1)  Subject to subsection (2), a person must not use or operate a machine on rolling stock that is equipped with a machine guard unless the machine guard is in its proper position.

(2)  The machine may be operated when the machine guard is not in its proper position in order to permit the repair of the machine or the removal of an injured person from the machine.

 Interpretation

308.01  In this Division:

"isolated work area" means a work area that, under normal travel conditions using the fastest available means of transportation, is more than 2 hours travel time from a hospital or medical facility;

"medical facility" means a medical clinic or the office of a medical practitioner.

 General

308.02  (1)  Every railway must establish written instructions that provide for the prompt rendering of first aid to an employee for an injury or occupational illness.

(2)  The railway must keep a copy of the instructions referred to in subsection (1) readily available for examination by employees.

 Provision for first aid

308.03  Every work area in which 2 or more employees are working must have at least one employee who is

(a) instructed and trained to provide artificial respiration, control a hemorrhage and render other life saving first aid as may be required by the nature of the work done in the work area, and

(b) readily available and accessible to provide first aid to employees during working hours.

 First aid supplies and equipment

308.04  (1)  Every railway must provide and maintain in each work area the first aid supplies and equipment set out in Schedule 3.4.

(2)  First aid supplies and equipment must be

(a) located at or near the work area,

(b) available and accessible during all working hours,

(c) inspected regularly and maintained in a clean, dry and serviceable condition, and

(d) clearly identified by a conspicuous sign.

 Emergency transportation

308.05  (1)  If an employee requires emergency transportation to a hospital, medical facility or the employee's residence because of an injury or occupational illness occurring in the course of his employment, the railway must provide the employee with a suitable means of transportation and first aid during the transportation.

(2)  If an employee is employed at an isolated work area and emergency transportation for that employee is required, the railway must maintain effective communications between the isolated work area and the emergency transportation.

 First aid records

308.06  (1)  If first aid is rendered in accordance with this Division, the employee who renders the first aid must

(a) enter in a first aid record

(i)  the date and time of the reporting of the injury or occupational illness,

(ii)  the full name of the injured or ill employee,

(iii)  the date, time and location of the occurrence of the injury or occupational illness,

(iv)  a brief description of the injury or occupational illness,

(v)  a brief description of the first aid rendered, and

(vi)  a brief description of arrangements made for the treatment or transportation of the injured or ill employee, and

(b) sign the first aid record below the information required by paragraph (a).

(2)  The railway must keep the first aid record containing information entered in accordance with subsection (1) for 2 years after the date of that entry.

 Interpretation

309.01  In this Division "ULC List" means the Underwriters' Laboratories of Canada publication entitled List of Equipment and Materials, Volume 1, July, 1985, and the supplement thereto dated July, 1986.

 Provision for fire extinguishers

309.02  (1)  Every railway must equip rolling stock, other than rolling stock that is used for transporting freight, with at least one portable fire extinguisher.

(2)  The portable fire extinguisher referred to in subsection (1) must,

(a) in the case of a locomotive, be a multi-purpose dry chemical portable fire extinguisher that has a capacity of not less than 5 kg (11 lb.) or be a portable fire extinguisher that has an equivalent classification as listed in the ULC List,

(b) in the case of a caboose, be a multi-purpose dry chemical portable fire extinguisher that has a capacity of not less than 1 kg (2.2 lb) or be a portable fire extinguisher that has an equivalent classification as listed in the ULC List,

(c) in the case of rolling stock used to transport employees, be a portable fire extinguisher with a classification of not less than 1-B, C or 1-A rating as listed in the ULC List, and

(d) in the case of maintenance-of-way equipment used to transport or handle combustible or flammable substances, be a portable fire extinguisher that has a classification of not less than 5-B rating as listed in the ULC List.

 Requirements of fire extinguishers

309.03  Every portable fire extinguisher referred to in section 309.02 must

(a) be installed, inspected, used, maintained and tested in accordance with the standards set out in the National Fire Protection Association Standard, Standard for Portable Fire Extinguishers, NFPA 10-1984, 1984,

(b) be of a type that has been examined, tested and classified by the Underwriters' Laboratories of Canada,

(c) bear the label of the Underwriters' Laboratories of Canada, and

(d) be readily available for use by placing it in a convenient and accessible location.

 Instructions

309.04  Instructions for the operation of portable fire extinguishers must be posted in a conspicuous place in close proximity to the fire extinguisher.

 Maintenance and repair

309.05  Fire extinguishers must be maintained and repaired by a qualified person.

 Fire extinguisher records

309.06  A record of each inspection of a portable fire extinguisher carried out under section 309.03 (a) must be

(a) dated and signed by the person who made the inspection, and

(b) kept by the railway for 2 years after the inspection is made.

 Preparation of emergency procedures

309.07  (1)  Every railway must, after consultation with the health and safety committee or the health and safety representative, prepare emergency procedures to be implemented in the following circumstances:

(a) where any person commits or threatens to commit an act that is likely to be hazardous to the safety of the railway or to the health and safety of any of its employees;

(b) where there is a possibility of or in the event of an accumulation, spill or leak of a dangerous substance in a work area controlled by the railway;

(c) in the event of an accident involving a train;

(d) in the event of the failure of the lighting system of a train.

(2)  The emergency procedures referred to in subsection (1) must contain

(a) a full description of the procedures to be followed, including the duties of employees, and

(b) the location of the emergency equipment provided by the railway.

 Moving and coupling

309.08  If there is an accumulation, spill or leak of a dangerous substance from rolling stock, a person must not move the rolling stock or couple any other rolling stock to it unless the person is a qualified person.

 Instructions and training

309.09  Every employee must be instructed and trained in

(a) the procedures to be followed by the employee in the event of an emergency, and

(b) the location, use and operation of fire extinguishers and emergency equipment provided by the railway.