Employers must establish a code of practice for all employees who work alone. While the regulation does not specify a definition for the term “working alone”, for the purposes of this regulation, an employee is “working alone” at a workplace if they are the employer's only employee at the workplace and working in circumstances where help is not readily available in the event of an injury, ill health or emergency.
Circumstances where a code of practice could be required include:
The regulations also specify situations where working alone is prohibited. It is not permitted to work alone:
As the employer, you must:
As the employee, you must:
Best practices to control hazards when working alone
It is the employer's duty to identify reasonable measures to take to protect the health and safety of an employee working alone. Examples of steps to take can include:
Some jobs are by nature too hazardous to be performed by a person working alone. The employer, who has the duty to take precautions to protect the health and safety of employees, may implement internal policies that may include other situations, specific to the workplace, where working alone is not allowed.
General Regulation - Occupational Health and Safety Act
N.B. Reg. 91-191
Part VII PROTECTIVE EQUIPMENT
51. (1) The following definitions apply in this section.
"automatically inflatable personal flotation device" means a device that provides buoyancy through an automatic inflation mechanism with an oral inflation system as a back-up and when worn correctly supports a conscious employee in an upright or backward leaning position, but is not designed to turn an employee from a face-down to a face-up position in the water;
"life jacket" means an inherently buoyant device that when worn correctly supports a conscious or unconscious employee in an upright or backward leaning position and is designed to turn an employee from a face-down to a face-up position in the water;
"personal flotation device" means an inherently buoyant device that when worn correctly supports a conscious employee in an upright or backward leaning position, but is not designed to turn an employee from a face-down to a face-up position in the water, and includes devices that are designed to protect an employee against hypothermia..
(2) If an employee is exposed to a risk of drowning, an owner of a place of employment, an employer and a contractor shall each ensure the employee uses one of the following:
(a) a fall-protection system;
(b) a life jacket that is approved by Transport Canada or by an agency permitted by Transport Canada to approve it;
(c) a personal flotation device that is approved by Transport Canada or by an agency permitted by Transport Canada to approve it;
(d) an automatically inflatable personal flotation device that is approved by Transport Canada or by an agency permitted by Transport Canada to approve it; or
(e) a personal safety net that conforms to the requirements of section 49.8.
(3) The shell of a life jacket or flotation device referred to in paragraphs (2)(b) to (d) shall be bright yellow, orange or red and have retro-reflective material fitted on surfaces normally above the surface of the water.
(4) Despite subsection (2), an employee shall wear a life jacket when
(a) working alone, or
(b) there are insufficient resources to provide a quick and effective rescue.
(5) An employer and a contractor shall each ensure that an employee wears a life jacket or flotation device referred to in paragraphs (2)(b) to (d) when being transported in a boat.
(6) If an employee works on ice and the water under the ice is more than 1 m in depth, an employer and a contractor shall each test the ice before beginning any work and after as necessary to ensure that the ice will support any load placed on it.
(7) If an automatically inflatable personal flotation device is used, the employer and the employee shall each ensure that
(a) the device is inspected and maintained by a competent person in accordance with the manufacturer's specifications, and
(b) the date and details of the inspection and maintenance are recorded.
(8) If an employee may fall into water or any other liquid and may require assistance to return to a place of safety, an employer and contractor shall each ensure that a copy of emergency procedures is posted at the place of employment, and which copy shall contain
(a) a full description of the emergency procedures, including the responsibilities of all employees granted access to the place of employment; and
(b) the location of any emergency equipment and the name of the employee designated to operate the equipment.
(9) Emergency procedures shall include the following, as applicable:
(a) with regards to water or another liquid,
(i) its temperature,
(ii) its depth, and
(iii) its flow;
(b) any water traffic;
(c) the distance to the rescue boat;
(d) the distance to reach an employee;
(e) any projections or objects beneath the surface;
(f) any visibility issues;
(g) the time of day; and
(h) any adverse weather conditions.
(10) If an employee may fall into water or any other liquid and may require assistance to return to a place of safety, an employer and contractor shall each ensure that
(a) appropriate emergency equipment is ready to be used,
(b) a person who is competent to operate the emergency equipment is readily available to provide assistance, and
(c) an alarm system is provided to signal the need for a rescue.
(11) An employer and a contractor shall each ensure that an employee wears a life jacket or a personal flotation device when participating in a rescue.
(12) If an employer or contractor provides a boat for use in an emergency, the employer or contractor shall ensure
(a) that the rescue boat is equipped with a life ring or buoy that is attached to 30 m of rope and a boat hook, and
(b) that the rescue boat is motorized if the water is likely to be rough or swift.
[N.B. Reg. 97-121, s. 13; 2001-33, s. 22; 2010-159, s. 8; 2020-35, s. 10]
Part XVII CONFINED SPACE
266. (1) An employer shall ensure that
(a) all protective equipment and emergency equipment identified under subsection 263(3)
(i) have been inspected by a competent person,
(ii) are in good working order, and
(iii) are at the entrance to the confined space before an employee enters the confined space;
(b) a competent employee trained in the procedures referred to in subsection 263(3) is
(i) in attendance outside the confined space,
(ii) in constant communication with the employee inside the confined space, and
(iii) provided with a suitable alarm for summoning assistance;
(c) the competent employee referred to in paragraph (b)
(i) holds a valid standard-level first aid certificate issued by the Canadian Red Cross Society or St. John Ambulance, and
(ii) is trained in artificial respiration and cardiopulmonary resuscitation;
(d) where required under subsection 263(3), every employee entering into, exiting from and occupying the confined space wears a full body harness attached to a life line that is attached to a secure anchor outside the confined space and is controlled by the competent employee referred to in paragraph (b);
(e) where there is more than one employee in the confined space, steps are taken to ensure that any life lines attached to body harnesses worn by the employees do not become entangled; and
(f) an employee who is trained in the emergency procedures referred to in subsection 263(3) and who is fully informed of the hazards in the confined space is in the immediate vicinity of the confined space to assist in the event of an accident or other emergency.
(2) An employer shall ensure that the full body harness referred to in paragraph (1)(d) meets the requirements for Group E harnesses in CSA standard CAN/CSA-Z259.10-M90 , "Full Body Harness".
[N.B. Reg. 2001-33, s. 90]
Part XX UNDERWATER DIVING OPERATIONS
Section 307 Planning a Dive
307. Unless otherwise provided, an employer shall designate a competent person who meets the qualifications under section 304 and who has a minimum of five years diving experience to supervise an underwater diving operation.
317. An employer and a diving supervisor shall ensure that a stand-by diver is present at all times while an underwater diving operation is in progress.
Section 337 Scuba Diving
337. (1) An employer shall not employ a diver using SCUBA
(a) on an underwater construction project,
(b) where diving in a confined space,
(c) where underwater power tools are used,
(d) where water currents, visibility, weather conditions or underwater conditions present hazards to a diver that could be alleviated if the diver were using surface-supplied air,
(e) where the diving environment is contaminated,
(f) where there is danger of entrapment, or
(g) where the depth of the dive may exceed 30 m.
(2) An employer shall ensure that at least three persons are present on each dive site where a diver is using SCUBA, one of whom is the diver, one a stand-by diver and one a competent person.
(3) A diving supervisor is not required to be present at a dive site referred to in subsection (2).
Part XXI LOGGING AND SILVICULTURE OPERATIONS
351. (1) An employer shall ensure that an employee who operates a chain saw, brush saw or clearing saw does not work alone.
(2) An employer shall ensure that an employee who operates a chain saw, brush saw or clearing saw has
(a) a suitable fire extinguisher or a round point shovel readily available,
(b) suitable first aid supplies readily available, and
(c) a pressure bandage.
352. An employee who operates a chain saw, brush saw or clearing saw shall
(a) not work alone,
(b) not girdle trees,
(c) not refuel the saw while the engine is operating,
(d) move the saw at least 3 m from where it was refuelled before starting the engine,
(e) refuel only from a non-glass container with spout or funnel,
(f) not refuel the saw near any source of ignition, and
(g) carry or keep close at hand the pressure bandage provided by the employer.
Code of Practice for Working Alone Regulation - Occupational Health and Safety Act
N.B. Reg. 92-133
2. An employer shall establish a code of practice to ensure, so far as is reasonably practicable, the health and safety of an employee who works alone at any time at a place of employment risks arising out of, or in connection with, the work assigned.
4. An employer shall provide any equipment required in a code of practice established under section 2 and shall ensure that the code of practice is adhered to at the place of employment.
6. An employer shall implement a training program in respect of a code of practice established under section 2 for each employee who works alone at any time and for each supervisor who is responsible for an employee who works alone at any time.