Supervision

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Appropriate and effective supervision at any level of an organization is critical to eliminating or minimizing risks to protect workers.

Summary

Supervisors play an important role in promoting and maintaining workplace safety. Their words and actions demonstrate how they view and value health and safety.

Appropriate and effective supervision at any level of an organization is critical to eliminating or minimizing risks to protect workers. In New Brunswick, a supervisor is a person who supervises or directs the work of employees [OHS Act S. 1] and can include owners, managers, superintendents, overseer, lead hands, foremen, department heads, and experienced employees designated by the employer to supervise work on a temporary basis.

Employer obligations with respect to supervision
Employers are ultimately responsible to ensure a healthy and safe workplace. One of the most important ways to do this is to ensure that employees are competently [OHS Act S. 9(2)(c.3)] and sufficiently [OHS Act S. 9(2)(c.4)] supervised.

A competent supervisor is defined as:

  • qualified, because of such factors as knowledge, training and experience, to do supervise work in a manner that will ensure the health and safety of persons,
  • knowledgeable about the provisions of the Act and the regulations that apply to the work being supervised, and
  • knowledgeable about the potential or actual danger to health or safety connected with the work being supervised.

Supervisor obligations
Supervisors have specific obligations under the OHS Act, toward the employees under their supervision and direction. They must:

What does competently supervised mean?
For employees to be competently supervised, employers must ensure that supervisors are qualified through training and/or experience for the work to be supervised and have access to and the sufficient knowledge to be able to understand and apply:

With the training and experience they bring to the job and the knowledge provided to them by the employer, supervisors can then competently meet their obligations to acquaint, inform and instruct [OHS Act S. 9.1(2)] by making sure employees under their supervision*:

  • Are aware of the hazards and risks associated with different tasks they perform. For example:
    • Tell employees about the hazards of energized machinery
      • OR
    • Verify that the employees know about the hazards of energized machinery
  • Know how to do the work safely. For example:
    • Provide the lock out procedure for machines employees work with
      • OR
    • Verify that employees have received the lock out procedure for machines they work with.
  • Have received clear steps, verbally or in writing, on how to do tasks safely. For example:
    • Show the employee, step by step, how to lock out the machine.
      • OR
    • Verify the employee knows how to apply the procedure to lock out a machine.

* In some workplaces, shiftwork can mean that the ‘supervisor in charge’ and the employees who report to them vary. In these cases, both the employer and the supervisor must confirm that the employees have been acquainted, informed and instructed, as outlined above, to ensure their health and safety.

What does sufficiently supervised mean?
Providing adequate supervision can involve spending time on the shop floor, management by walking around, observations, the use of checklists, job shadowing or other methods such as (temporarily) delegating authority to an experienced employee if other work demands prevent the supervisor from being present during a specific project. How frequently a supervisor observes their employees performing tasks is a “sliding scale”. Factors to consider, when determining how much supervision is needed to ensure work is sufficiently supervised, include:

  1. The type of work being supervised. The greater the complexity, the closer the supervision needed (such as blasting operations versus office work).
  2. Availability of detailed, written instructions. The more detailed the instructions for tasks being performed, the less direct supervision is required (such as a task for which a written procedure is available versus a task with verbal instructions).
  3. The employees being supervised. The level of supervision will depend on employees’ skills and experience with the task; are employees competent? A new employee requires more direct supervision and so may an experienced employee performing an unfamiliar or infrequent task. At the same time, an experienced workforce can become complacent, necessitating enhanced (direct) supervision.
  4. The (potential) consequences and outcomes of the work being performed. The greater the likelihood of an incident and the more severe the potential injury, the greater the need for direct supervision (hazards and risk are normally higher in construction compared to office work).

Supervisors spending more time on the shop floor, looking for unsafe conditions, hazards or unsafe acts, and taking steps to promptly correct them will result in a safer workplace. During this time, supervisors can ensure:

  • Employees' performance meets safety expectations by correcting unsafe behaviours
  • That everyone has the tools and/or equipment they need and that the tools are properly maintained to carry out their work safely, and
  • New hazards that might result from changes in personnel, equipment, process or materials are identified and controlled before the change takes place.

As with any other management system in an organization (quality assurance, change management, project management), the responsibility to ensure competent and sufficient supervision begins with the employer, and then can be delegated downward to other designated staff. Sufficient supervision can best be achieved when employers put in place performance evaluations that consider effective supervision and regularly assess their supervisors’ competency. This should be done at least annually and any gaps identified during the evaluations should be addressed.

How supervisor behaviours influence the workplace safety culture
Supervisors are well-positioned to be safety champions, establishing safety as an organizational value. Performing regular safety activities can achieve a positive safety culture, but first and foremost, supervisors must ensure they themselves work safely (setting a good example for the employees).

Safety activities can include:

  • Performing inspections and investigations
  • Involving employees in health and safety decisions that impact their work
  • Participating on the health and safety committee
  • Delivering tool box or safety talks
  • Observing employees and reinforcing safe behaviours through positive feedback
  • Recognizing employees for identifying and reporting hazards, unsafe working conditions, near misses and incidents
  • Demonstrating that safety is at least as important as production and quality
  • Maintaining a daily journal or log book with safety results

Other specific situations in the Act or regulation requiring supervision 
For the provisions listed below, supervisors have additional responsibilities:

Legislation

Occupational Health and Safety Act

S.N.B. 1983, c. O-0.2

Section 1 Definitions

1. In this Act

"Appeals Tribunal" means the Workers’ Compensation Appeals Tribunal established under the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act ;

"Chief Compliance Officer" means the chief Compliance officer designated under section 5;

"Commission" means the Workplace Health, Safety and Compensation Commission established under the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act;

"committee" means a joint health and safety committee established in accordance with this Act;

"construction" includes building, erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and any work in connection therewith;

"contracting employer" means a person who through a contract, agreement or ownership, directs the activities of one or more employers";

"contractor" means

  • (a) a person who by contract undertakes all the work at a project site,
  • (b) an owner who undertakes all or part of the work at a project site, or
  • (c) an owner who by contract engages more than one person to undertake all or part of the work at a project site;

"discriminatory action" means any action by an employer or union that adversely affects an employee with respect to any terms or conditions of employment, opportunity for promotion or membership in a union, and includes the action of dismissal, layoff, suspension, demotion, transfer of job location, reduction in wages, change in hours of work or reprimand;

"employee" means

  • (a) a person employed at or in a place of employment, or
  • (b) a person at or in a place of employment for any purpose in connection therewith;

"employer" means a person who employs one or more employees;

"fishing vessel" means a vessel that is used, outfitted or designed for catching, collecting, processing or trans‐ porting fish or other living marine resources for commercial purposes;

"health and safety representative" means a health and safety representative elected under section 17 or designated under section 17.1;

"medical examination" means a medical examination satisfactory to the Commission;

"mine" means any work or undertaking for the purpose of opening up, proving, removing or extracting any metallic or non-metallic mineral or mineral bearing substance, rock earth, clay, sand or gravel;

"Minister" means the Minister of Post-Secondary Education, Training and Labour;

"occupational disease" means occupational disease as defined in the Worker's Compensation Act ;

"officer" means an occupational health and safety officer appointed under section 5;

"owner" includes a trustee, receiver, mortgagee in possession or a tenant or a person for whose direct benefit on completion work is being done, but does not include a landlord who, under the terms of the lease, has transferred all responsibility for risks in relation to a place of employment;

"peace officer" Repealed. [S.N.B. 1990, c. 22, s. 26]

"place of employment" means any building, structure, premises, water or land where work is carried on by one or more employees, and includes a project site, a mine, a ferry, a fishing vessel, a train and any vehicle used or likely to be used by an employee;

"project site" means any building, structure, premises, water or land where construction is carried on;

"protective equipment" means any piece of equipment or clothing designed to be used to protect the health or safety of an employee;

"sub-contractor" means a person who by contract undertakes part of the work at a project site;

"supervisor" means a person who is authorized by an employer to supervise or direct the work of the employer’s employees;

"supplier" means any person who manufactures, supplies, sells, leases, distributes or installs any tool, equipment, machine, device or any biological, chemical or physical agent to be used by an employee;

"union" means

  • (a) a trade union as defined under the Industrial Relations Act,
  • (b) any organization other than a trade union referred to in paragraph (a) representing employees to whom this Act applies formed for purposes that include the regulation of relations between employers and employees that has a written constitution, rules or by-laws setting forth its objects and purposes and defining the conditions under which persons may be admitted as members thereof and continued in such membership.

[S.N.B. 1989, c. 28, s. 1; 1990, c. 22, s. 36; 1994, c. 70, s. 5; 1998, c. 41, s. 92; 2000, c. 26, s. 232; 2001, c. 35, s. 1; 2006, c. 16, s. 127; 2007, c. 10, s. 71; 2007, c. 12, s. 1; 2014, c. 49, s. 34; 2017, c. 63, s. 43; 2019, c. 2, s. 103; 2019, c. 38, s. 1; 2022, c. 51, s. 1; 2024, c. 5, s. 1]

DUTIES OF EMPLOYERS, OWNERS, CONTRACTORS, SUB-CONTRACTORS, SUPERVISORS, EMPLOYEES AND SUPPLIERS

Section 9 Duties of employer
  • 9. (1) Every employer shall
    • (a) take every reasonable precaution to ensure the health and safety of its employees;
    • (b) comply with this Act, the regulations and any order made in accordance with this Act or the regulations; and
    • (c) ensure that its employees comply with this Act, the regulations and any order made in accordance with this Act or the regulations.
  • (2) Without limiting the generality of the duties under subsection (1), every employer shall
    • (a) ensure that the necessary systems of work, tools, equipment, machines, devices and materials are maintained in good condition and are of minimum risk to health and safety when used as directed by the supplier or in accordance with the directions supplied by the supplier;
    • (a.1) ensure that the place of employment is inspected at least once a month to identify any risks to the health and safety of its employees;
    • (b) acquaint an employee with any hazard in connection with the use, handling, storage, disposal and transport of any tool, equipment, machine, device or biological, chemical or physical agent;
    • (c) provide the information that is necessary to ensure an employee’s health and safety;
    • (c.1) provide the instruction that is necessary to ensure an employee’s health and safety;
    • (c.2) provide the training that is necessary to ensure an employee’s health and safety;
    • (c.3) ensure that work at the place of employment is competently supervised and that supervisors have sufficient knowledge of all of the following with respect to matters that are within the scope of the supervisor’s duties:
      • (i) this Act and any regulations under this Act that apply to the place of employment;
      • (ii) any safety policy for the place of employment;
      • (iii) any health and safety program for the place of employment;
      • (iv) any health and safety procedures with respect to hazards in connection with the use, handling, storage, disposal and transport of any tool, equipment, machine, device or biological, chemical or physical agent by employees who work under the supervisor’s supervision and direction;
      • (v) any protective equipment required to ensure the health and safety of the employees who work under the supervisor’s supervision and direction; and
      • (vi) any other matters that are necessary to ensure the health and safety of the employees who work under the supervisor’s supervision and direction;
    • (c.4) ensure that work at the place of employment is sufficiently supervised;
    • (d) provide and maintain in good condition such protective equipment as is required by regulation and ensure that such equipment is used by an employee in the course of work;
    • (e) co-operate with a committee, where such a committee has been established, a health and safety representative, where such a representative has been elected or designated, and with any person responsible for the enforcement of this Act and the regulations.
  • (3) An employer shall develop a program for the inspection referred to in paragraph (2)(a.1) with the joint health and safety committee, if any, or the health and safety representative, if any, and shall share the results of each inspection with the committee or the health and safety representative.

[S.N.B. 2001, c. 35, s. 3; 2007, c. 12, s. 2; 2013, c. 15, s. 4; 2019, c. 38, s. 4; 2022, c. 32, s. 5]

Section 9.1 Duties of supervisors
  • 9.1 (1) Every supervisor shall
    • (a) take every reasonable precaution to ensure the health and safety of the employees who work under the supervisor’s supervision and direction;
    • (b) comply with this Act, the regulations and any order made in accordance with this Act or the regulations;
    • (c) ensure that the employees under the supervisor’s supervision and direction comply with this Act, the regulations and any order made in accordance with this Act or the regulations; and
    • (d) co-operate with
      • (i) a committee, if a committee has been established,
      • (ii) a health and safety representative, if a representative has been elected or designated, and
      • (iii) any person responsible for the enforcement of this Act and the regulations.
  • (2) Without limiting the generality of the duties under subsection (1), every supervisor shall
    • (a) acquaint the employees under the supervisor’s supervision and direction with any hazard in connection with the use, handling, storage, disposal and transport of any tool, equipment, machine, device, or biological, chemical or physical agent;
    • (b) provide the information that is necessary to ensure the health and safety of the employees under the supervisor’s supervision and direction; and
    • (c) provide the instruction that is necessary to ensure the health and safety of the employees under the supervisor’s supervision and direction.

[S.N.B. 2019, c. 38, s. 5]

RIGHT TO REFUSE

Section 21 Protection of employee's right
  • 21. (1) An employee's right under section 19 to refuse to do any act is protected,
    • (a) if the employee has reported the employee’s concern to their supervisor under section 20,
      • (i) until remedial action recommended by the supervisor under section 20 is taken by the supervisor or employer to the employee's satisfaction, or
      • (ii) until the supervisor has advised the employee under section 20 to do that act;
    • (b) if the employee has referred the matter to a committee under section 20,
      • (i) until remedial action recommended by the committee under section 20 is taken by the employer to the employee's satisfaction, or
      • (ii) until the committee has advised the employee under section 20 to do that act;
    • (c) if the employee has referred the matter to an officer under section 20,
      • (i) until remedial action ordered by the officer under section 20 is taken by the employer to the officer's satisfaction, or
      • (ii) until the officer has advised the employee under section 20 to do that act, and
    • (d) if the employee has appealed the advice of an officer given under subsection 20(11) to the Chief Compliance Officer, until the decision of the Chief Compliance Officer is rendered.
  • (2) Where an employee has refused to do an act pursuant to section 19, the employer or supervisor shall not assign another employee to perform that act unless that other employee has been advised by the employer or supervisor of such refusal and the reasons therefor and of the employee’s rights under this Act.

[S.N.B. 2001, c. 35, s. 10; 2004, c. 4, s. 3; 2019, c. 38, s. 11; 2022, c. 32, s. 17]

General Regulation - Occupational Health and Safety Act

N.B. Reg. 91-191

Part X CONSTRUCTION, TRAFFIC AND BUILDING SAFETY

Section 94.2 Structural Framework
  • 94.2 (1) Where structural framework is being erected using structural steel or tilt-up construction, an employer shall ensure
    • (a) that drawings for the erection of the structural framework are prepared,
    • (b) that an engineer
      • (i) certifies the drawings referred to in paragraph (a), and
      • (ii) establishes safe procedures for ensuring the stability of the structural framework, and
    • (c) that a competent person, designated by the employer to supervise the erection of the structural framework,
      • (i) establishes the sequence for erecting the structural framework,
      • (ii) ensures the stability of the structural framework during its erection, and
      • (iii) is present on the project site until the structural framework is stabilized.
  • (2) If it becomes necessary to modify the procedures referred to in subparagraph (1)(b)(ii), an employer shall ensure that the procedures as modified are certified by an engineer.
  • (3) An employer shall ensure
    • (a) that employees engaged in the erection of the structural framework are instructed in the procedures referred to in subparagraph (1)(b)(ii), or as modified under subsection (2), and
    • (b) that the procedures referred to in subparagraph (1)(b)(ii), or as modified under subsection (2), are followed.
  • (4) An employer shall ensure that the drawings referred to in paragraph (1)(a) and the procedures referred to in subparagraph (1)(b)(ii), or as modified under subsection (2),
    • (a) are kept on the project site, and
    • (b) are made available to an officer on request.
  • (5) Where structural framework is being erected,
    • (a) an employer shall ensure that all persons not engaged in the erection of the structural framework are clear of the immediate work area and have been instructed to remain clear until the structural framework is stabilized, and
    • (b) any person not engaged in the erection of the structural framework shall remain clear of the immediate work area until the structural framework is stabilized,
  • unless adequate precautions have been taken to ensure the safety of all persons in the immediate work area.

[N.B. Reg. 96-61, s. 1; 2024-38, s. 58]

Part XII EXPLOSIVES

Section 147 Control of Blasting Operation
  • 147. (1) An employer shall ensure that a blasting operation is conducted by a blaster who holds an appropriate certificate of qualification issued under the Apprenticeship and Occupational Certification Act for the work involved.
  • (1.1) Despite subsection (1), a blaster who does not hold an appropriate certificate of qualification issued under the Apprenticeship and Occupational Certification Act may conduct a specialized blasting operation if the employer ensures that the blaster is competent to do the work, and the employer shall maintain any record demonstrating the blaster’s competency for at least three years after the specialized blasting operation is completed.
  • (2) Where more than one blaster is involved in a blasting operation, an employer shall designate one of the blasters to supervise the blasting operation.

[N.B. Reg. 93-8, s. 2; 2024-38, ss. 77, 78]

Part XV MATERIALS HANDLING EQUIPMENT AND PERSONNEL CARRYING EQUIPMENT

Section 210.1
  • 210.1 (1) An employer shall ensure that a person who operates a hoisting apparatus is competent or is under the direct supervision of a competent person.
  • (2) No person shall operate a hoisting apparatus unless the person is competent or is under the direct supervision of a competent person.

[N.B. Reg. 98-78, s. 3]

Section 213.21
  • 213.21 (1) An employer shall ensure that a mobile crane is inspected every twelve months by an engineer or a competent person who is supervised by an engineer.
  • (2) An engineer referred to in subsection (1) shall certify in writing that the inspection complies with the requirements of subsection (4) and that the crane is in safe working order.
  • (3) A certification under subsection (2) shall provide details on the conditions under which the mobile crane was inspected.
  • (4) An engineer referred to in subsection (1) shall ensure that the inspection under subsection (1), including a visual weld inspection, is conducted in accordance with the requirements of clause 5.3.5.2.1 of CSA standard Z150-20 , "Safety code on mobile cranes" or a standard offering equivalent or better protection.
  • (5) An employer may accept a certification from an engineer in another jurisdiction with respect to a mobile crane if the crane has been inspected and certified in that jurisdiction in accordance with subsection (2) and the certification would otherwise be valid under this section.
  • (6) An employer shall ensure that a copy of the certification provided under this section is accessible to the operator when in the cab and is available to an officer on request.
  • (7) An employer shall ensure that a mobile crane that
    • (a) does not have a certification that meets the requirements of subsection (2), is inspected and certified under this section no later than twelve months after the commencement of this provision, and
    • (b) has a certification that meets the requirements of subsection (2), is inspected and certified no later than twelve months after the date of the certification.

[N.B. Reg. 2001-33, s. 68; 2022-79, s. 32]

Part XIX ELECTRICAL SAFETY

Section 286

286. In this Part

"electrical equipment" means any wiring, apparatus, instrument, fitting, fixture, machinery or device that transforms, transmits, distributes, supplies or utilizes electricity, but does not include energized electrical utility lines or utility line equipment or household appliances;

"electrical hazard" means a danger of electric shock, arc flash burn, thermal burn or arc blast injury resulting from contact with electrical equipment or failure of that equipment;

"electrically safe work condition" means, with respect to electrical equipment that operates at 30 VAC or 60 VDC or more, a state in which an electrical conductor or a circuit part has been disconnected from energized parts of the electrical equipment, locked out, tested to ensure the absence of voltage and, if necessary, grounded;

"energized", when applied to electrical equipment, means electrically connected to or a source of voltage;

"qualified person" means

  •  
    • (a) when applied to work on electrical equipment, a person who meets the requirements of section 11 or 24 of New Brunswick Regulation 84-165 under the Electrical Installation and Inspection Act;
  • (b) when applied to work on an energized electrical utility line or utility line equipment,
    • (i) a person who holds a certificate of qualification issued under the Apprenticeship and Occupational Certification Act for the distribution construction lineman trade, the powerline technician trade or the power system technician trade, or
    • (ii) a person who is registered as an apprentice under the Apprenticeship and Occupational Certification Act for an occupation described in subparagraph (i) and who is working under the supervision of a person described in subparagraph (i),
  • (c) when applied to work in an arboricultural operation described in section 369 that occurs closer to an energized electrical utility line or utility line equipment than the distances set out in subsection 289(1), an employee who meets the requirements of section 369,
  • (d) when applied to any other type of work that occurs closer to an energized electrical utility line or utility line equipment than a distance set out in subsection 289(1), an employee who is trained to use and follows a code of practice established by the employer, and
  • (e) when applied to work referred to in paragraph (a), a person who is
    • (i) knowledgeable about the provisions of this Act and the regulations that apply to the assigned work, and
    • (ii) knowledgeable about the actual and potential dangers to health and safety associated with the assigned work.

[N.B. Reg. 2001-33, s. 94; 2022-79, s. 82]

Section 294
  • 294. (1) Where an employee is to set or remove poles, light standards or any similar object between energized electrical distribution conductors exceeding 750 volts, an employer shall ensure that the conductors are
    • (a) covered with adequate protective devices, or
    • (b) protected by an adequate guard installed on the pole before being lifted.
  • (2) An employer shall ensure that an employee required to perform the work described in subsection (1)
    • (a) wears appropriately rated rubber gloves,
    • (b) uses cant hooks or other appropriate controlling devices, and
    • (c) does not get on or off the lifting machine or device until the pole is secured in position.
  • (3) An employer shall ensure that a machine or device used for lifting, setting or removing poles, light standards or any similar object between or within 3 m of an energized electrical utility line or utility equipment
    • (a) is grounded, and
    • (b) if applicable, has its outriggers extended.
  • (4) An employer shall ensure that at least one qualified person is present at all times during the operations described in this section and that the employee described in subsection (1) works under the direct supervision of the qualified person.

Part XX UNDERWATER DIVING OPERATIONS

Section 300

300. In this Part

"atmospheric diving system" means a diving system in which the external pressure on the body of the diver using the system is normal atmospheric pressure;

"bail-out system" means an independent breathing-gas supply or breathing mixture carried by a diver that is of sufficient quantity to return the diver to the surface, a diving bell or an emergency breathing-gas supply or breathing mixture in the event of a malfunction of the primary breathing-gas supply or breathing mixture;

"bottom time" means the total elapsed time measured in minutes from the time a descending diver leaves the surface to the time the diver begins final ascent, rounded to the next whole minute;

"compressed air environment" means an environment in which respirable gases are breathed at a pressure above normal atmospheric pressure;

"decompression schedule" means the procedure detailed in an appropriate decompression table to be followed by a diver during ascent from depth in order to minimize the risk of decompression sickness;

"decompression sickness" means an illness caused by the formation of gas bubbles in the blood or body tissues as a result of pressure reduction;

"deep diving" means any mode of diving to a depth greater than 55 m;

"diver" means a person who performs work under water for compensation;

"diving bell" means a surface-tethered structure that can accommodate one or more divers under water;

"diving plant and equipment" means all plant and equipment used in an underwater diving operation that form part of the life-support system of a diver;

"diving supervisor" means a person designated by an employer under section 307;

"dressed-in" means that a diver is fully equipped to dive and is ready to enter the water, with all life-support and communications equipment tested and at hand, but not necessarily with the helmet, face plate or face mask in place;

"hyperbaric chamber" means a pressure vessel with a design pressure of 690 kPa that complies with the requirements of the Boiler and Pressure Vessel Act and that is designed for the purpose of subjecting humans to greater than atmospheric pressure, and includes associated equipment;

"lock-out submersible" means a self-propelled submersible compression chamber from which a diving operation can be carried out and that has a separate one-atmosphere chamber from which the submersible compression chamber is piloted;

"mixed gas" means a respirable breathing mixture, other than the normal proportions of respirable air, that provides sufficient oxygen to support life and does not cause detrimental physiological effects such as excessive breathing resistance or impairment of neurological function;

"no decompression limit" means, with respect to a decompression schedule in use for the depth and duration of a dive, that no decompression stop is required during the ascent from depth of a diver;

"open diving bell" means a diving bell designed so as not to be operated with a differential pressure across the hull;

"saturation diving" means a technique of diving in which the decompression schedule used allows a bottom time of unlimited duration;

"SCUBA" means self-contained underwater breathing apparatus with open-circuit compressed air;

"stage" means a cage, basket or platform in which a diver may be lowered to or raised from a work area;

"stand-by diver" means a diver who is dressed-in and who is trained and equipped to operate at the depths and the circumstances in which a submerged diver is operating for the purpose of rendering assistance to the submerged diver in the event of an emergency;

"submersible compression chamber" means a hyperbaric chamber designed for transporting a diver at atmospheric pressure or at an elevated pressure from the surface to an underwater work area and from the underwater work site to the surface;

"surface-supply diving" means a diving technique in which a diver is supplied from the dive location with a breathing mixture by way of an umbilical;

"tender" means a person who tends a diver;

"therapeutic recompression" means treatment of a diver in a compressed air environment in accordance with CSA approved practice or medical direction to treat decompression symptoms and decompression sickness;

"umbilical" means a composite cable or separate cables that extend from the surface to a diver or to the pressure vessel of occupancy of the diver and that provide a breathing mixture, power, heat or communication as may be required;

"underwater diving operation" means work performed underwater for commercial, industrial, construction or environmental purposes and includes the underwater inspection, alteration, repair or maintenance of equipment, machinery, structures or ships and the salvage of sunken property of a commercial or industrial nature.

[N.B. Reg. 2022-27, s. 40]

Section 301 Medical Requirements
  • 301. (1) An employer shall ensure that each diver has a current medical certification from a medical practitioner, before commencing an underwater diving operation.
  • (2) A diver shall, before commencing an underwater diving operation, supply a copy of the diver's current medical certification to the employer.
  • (3) A diver shall ensure that the diver's medical certification
    • (a) is established before entering into employment as a diver,
    • (b) is renewed every two years,
    • (c) is renewed more frequently than required under paragraph (b) if clinically indicated, and
    • (d) is re-evaluated by a medical practitioner if the diver is subjected to an event or has a physical condition that may affect the diver's medical status.
  • (4) An employer shall ensure that a copy of each diver's current medical certification is kept at the dive site.
  • (5) A diver shall undergo such medical examinations as an employer or diving supervisor may require for the purpose of ensuring the diver is physically fit to dive.

[N.B. Reg. 2001-33, s. 103]

Section 302
  • 302. (1) A diving supervisor shall ensure that a diver does not dive when, in the opinion of the diving supervisor, the diver is not capable of functioning safely and effectively under water.
  • (2) A diver shall notify the diving supervisor if the diver has reason to believe that the diver is unfit to dive.
Section 303
  • 303. (1) A diver shall wear a registered medical alert tag or bracelet to indicate the possibility of decompression sickness or other pressure-related illness for at least twenty-four hours after each dive requiring a decompression stop or where the decompression schedule in use for the depth and duration of a dive has not been followed.
  • (2) A medical alert tag or bracelet referred to in subsection (1) shall be registered with an agency that has facilities for twenty- four hour reference and shall bear the name and telephone number of the agency.
Section 304 Diver Training
  • 304.(1) An employer shall obtain from a diver and retain during the diver's employment, documentary evidence that the diver has successfully completed an appropriate diver training course or has appropriate training and experience with respect to the dive being contemplated.
  • (2) An employer shall ensure that a diver is trained to the minimum level as set out in subsection 8(2) of New Brunswick Regulation 2004-130 under the Act and holds a valid certificate issued by an agency referred to in subsection 8(3) of that Regulation in respect of that training.

[N.B. Reg. 2022-79, s. 89]

Section 305 Diver's Log Book
  • 305. (1) A diver shall maintain, and keep for five years after completion, a log book that records all dives carried out, all therapeutic recompressions and other exposures to a compressed air environment and all medical examinations.
  • (2) A diver shall record the following information for each dive carried out:
    • (a) name of employer;
    • (b) name of diving supervisor;
    • (c) type of diving apparatus used;
    • (d) breathing mixture or breathing gas used;
    • (e) time left surface;
    • (f) bottom time;
    • (g) maximum depth attained;
    • (h) time left bottom;
    • (i) time reached surface;
    • (j) surface interval, if a repeat dive was undertaken;
    • (k) decompression table used;
    • (l) date;
    • (m) name of the tender; and
    • (n) remarks, if any.
  • (3) For dives originating from a diving bell or other submerged base, a diver shall record the time of leaving the bell or base, the greatest depth attained, the time of return to the bell or base and the depth of the bell or base in addition to the information required under subsection (2).
  • (4) A diver shall ensure that in the log book referred to in subsection (1)
    • (a) the entry required for each dive is signed by the diving supervisor,
    • (b) an entry for therapeutic recompression or other exposure to a compressed air environment is signed by the attending medical practitioner or diving supervisor, and
    • (c) the entry for a medical examination is supported by a certificate signed by the medical practitioner who performed the examination.
  • (5) A diver shall keep in the log book either
    • (a) a certificate confirming the diver's successful completion of an appropriate diver training course, or
    • (b) a record of the diver's previous relevant training and experience.
Section 306 Diving Supervisor's Daily Record
  • 306. (1) A diving supervisor shall keep a daily record of each dive separate from the diver's log book.
  • (2) A diving supervisor shall record the information required under subsections 305(2) and (3) in the daily record and shall keep a copy of a diver's current medical certification.
  • (3) A diving supervisor shall file the daily record with the employer who shall retain the daily record for five years and make it available to an officer on request.

[N.B. Reg. 2001-33, s. 105]

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.

Section 308

308. A diving supervisor's duties shall include

  • (a) planning the dive or dives in detail,
  • (b) briefing the crew,
  • (c) ensuring that all necessary equipment is provided and is in good operating condition,
  • (d) supervising the entire diving operation, and
  • (e) instructing the crew in emergency procedures.
Section 309

309. A diving supervisor shall ensure that a diver

  • (a) is competent in the use of the diving apparatus to be used, and
  • (b) understands the signals and procedures to be used.
Section 310

310. An employer shall ensure that a plan of an underwater diving operation is discussed and accepted by the diving supervisor, the divers and the employer.

Section 311 Preparation for a Dive

311. Before commencing an underwater diving operation, a diving supervisor shall ensure that all diving plant and equipment is in good operating condition.

Section 312
  • 312. (1) Immediately before each dive, a diver shall check for all the required equipment and ensure that the equipment is properly fastened in place and is functioning properly.
  • (2) Before descent, a diver shall repeat in the water the check required by subsection (1).
Section 313
  • 313. (1) An employer and a diving supervisor shall each ensure that when an underwater diving operation is in progress, warning devices such as buoys, diver's flags, lights, lamps or flares are displayed to define the limits to be kept clear of by any equipment other than that connected with the operation.
  • (2) A diving supervisor shall take precautions to prevent a hazard to a diver from a barge, scow or vessel in or near the diving area.
Section 314 Diving Hazards
  • 314. (1) Immediately before each dive, a diving supervisor shall review the nature of the hazards in the diving area and ensure that each diver fully understands the hazards involved.
  • (2) A diving supervisor shall declare underwater approaches to an intake or an exhaust a hazardous area for an underwater diving operation.
  • (3) A diving supervisor shall ensure that a diver
    • (a) in a hazardous area wears at all times a life line tended from a position outside the hazardous area,
    • (b) required to approach an underwater intake, exhaust, pipe, tunnel or duct is able to differentiate it from any other similar object in the area, and
    • (c) does not approach an intake or exhaust until the flow through it is, in the case of an intake, arrested and locked out, or, in the case of an exhaust, slowed down, to the extent it is safe for a diver to work near the intake or exhaust and provisions are made so that the flow will not be re-established until the diver leaves the water or is declared by the diving supervisor to be clear of the hazardous area.
  • (4) Before a diver approaches an area that may be hazardous because of the operation of a mechanism, a diving supervisor shall ensure that the mechanism is
    • (a) secured against inadvertent movement before the diver enters the water, and
    • (b) rendered inoperative and prevented from being activated by isolating the energy source from the mechanism in a manner suitable to the diver and the diving supervisor.
  • (5) Where exceptional hazards exist or are predicted, an employer and a diving supervisor shall ensure that a second diving crew with independent diving plant and equipment capable of effecting rescue is on the site of the underwater diving operation.

[N.B. Reg. 2001-33, s. 106]

Section 315 Use of Explosives
  • 315. (1) Where an explosive is used in an underwater diving operation, the provisions of Part XII apply.
  • (2) A blaster shall control the initiation of all underwater charges.
  • (3) Before an underwater charge is fired, a diving supervisor shall ensure that
    • (a) the area is cleared,
    • (b) all divers are out of the water and at a safe distance from the blast, and
    • (c) the diving boat is moved to a safe distance from the blast area as determined by the blaster supervising the blasting operation.
  • (4) Before firing a charge, a blaster shall check with the diving supervisor and obtain the diving supervisor's approval for firing the charge.

[N.B. Reg. 93-8, s. 25]

Section 316 Contingency Planning
  • 316. (1) This section does not apply to an underwater diving operation using SCUBA.
  • (2) Before an underwater diving operation begins, an employer shall arrange for a medical practitioner familiar with the medical problems associated with diving to be readily available during the period of the dive and for a twenty-four hour period afterward.
  • (3) An employer shall arrange for the use of a back-up hyperbaric chamber suitable for the depth of the underwater diving operation being carried out.
Section 317

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 318 Breathing Mixtures
  • 318. (1) This section does not apply to a diver using SCUBA.
  • (2) A diving supervisor shall ensure that a diver engaged in an underwater diving operation has
    • (a) a sufficient amount of an appropriate breathing mixture, including a reserve supply two and one-half times greater than that required for the operation,
    • (b) suitable diving plant and equipment for supplying the breathing mixture to the diver at a proper temperature, pressure and flow rate,
    • (c) an additional reserve supply of the appropriate breathing mixture sufficient for seventy-two hours duration with necessary diving plant and equipment when a submersible compression chamber is being used, and
    • (d) an appropriate breathing mixture in the bail-out system carried by the diver.
  • (3) An employer shall provide and a diving supervisor shall ensure that there is an appropriate breathing mixture in a quantity sufficient for the time needed by a stand-by diver to reach the submerged diver in the event of an emergency and for them to
    • (a) return to the surface and carry out the appropriate decompression procedures during the return, or
    • (b) return to a submersible compression chamber and then to surface in the chamber and start the appropriate decompression procedures at the surface.
  • (4) A diving supervisor shall ensure that a breathing mixture meets the air composition and air purity standards prescribed in clause 3.8 of CSA standard CAN/CSA Z275.2-92, "Occupational Safety Code for Diving Operations".
  • (5) A diving supervisor shall ensure that
    • (a) breathing air supplied to a diver meets the requirements of CSA standard CAN3-Z180.1-M85, "Compressed Breathing Air and Systems", and
    • (b) breathing gas or air is discharged through adequate filters into a tank or receiver of suitable volume.
  • (6) A diving supervisor shall ensure that when a mixed gas is used, the decompression schedule followed is appropriate for the mixed gas used.

[N.B. Reg. 2001-33, s. 107]

Section 319

319. A diving supervisor and an employer shall ensure that no diver breathes, and no diver shall breathe, pure oxygen while submerged at depths greater than 7.5 m except when following a decompression schedule or for therapeutic purposes.

Section 320 Decompression
  • 320. (1) A diving supervisor shall ensure that underwater diving operations, repetitive dives and treatment of divers are carried out in strict accordance with appropriate decompression schedules and decompression tables.
  • (2) A diving supervisor shall ensure that a double-lock Class A hyperbaric chamber in operable condition is on site for the exclusive use of divers engaged in an underwater diving operation before the operation begins whenever
    • (a) a planned dive exceeds the no decompression limit, or
    • (b) the depth of 40 m is exceeded.
  • (3) A diving supervisor shall ensure that the hyperbaric chamber required by subsection (2) conforms to and is operated in accordance with CSA standard Z275.1-93, "Hyperbaric Facilities".

[N.B. Reg. 2001-33, s. 108]

Section 321
  • 321. (1) When a diver shows any indication of pressure-related illness, a diving supervisor shall ensure that treatment is initiated and the medical practitioner referred to in subsection 316(2) is alerted immediately.
  • (2) A diving supervisor shall ensure that a diver who has suffered a pressure-related illness does not dive unless approval for further diving is given by a medical practitioner.
  • (3) A diving supervisor shall ensure that on completion of decompression, a diver remains under observation and in the general area of the hyperbaric chamber for such period of time as the diving supervisor believes is necessary for the diver's welfare.
Section 322 Diving Equipment
  • 322. (1) An employer and a diving supervisor shall ensure that all diving plant and equipment, including breathing apparatus, compressors, compressed gas cylinders, gas control valves, pressure gauges, reserve gas-supply devices, piping, helmets, winches, cables, diving bells, stages and all accessories necessary for the safe conduct of the underwater diving operation, is
    • (a) of design meeting the standards of CSA or standards equivalent to those of CSA for the item in question, of sound construction, of adequate strength, free from patent defect and maintained in a condition that will ensure its continuing operating integrity for the purpose and depths for which it was originally designed or subsequently used,
    • (b) protected against malfunction at low temperatures that may be caused by ambient air or water or the expansion of gas, and
    • (c) used in an unmodified form unless the modification is specifically certified or approved by the manufacturer.
  • (2) A supplier of diving plant and equipment used in an underwater diving operation shall ensure that
    • (a) the diving plant and equipment is examined, tested, overhauled and repaired in accordance with the manufacturer's recommended procedures,
    • (b) gauges and metering equipment on diving equipment are checked every six months or whenever a discrepancy is observed, whichever occurs first, and
    • (c) defective diving equipment is removed from service until repaired.
  • (3) An employer and a diving supervisor shall each ensure that defective diving plant and equipment is removed from service until repaired.
Section 323
  • 323. (1) A diving supervisor shall ensure that a compressor used to supply compressed air to a diver
    • (a) is capable of maintaining a supply of air equal to at least double the volume of air required and at a pressure 25% greater than the maximum pressure in the air tank or receiver,
    • (b) operates automatically without undue fluctuation of pressure in the air tank or receiver, and
    • (c) has tanks, fixtures and fittings meeting the appropriate requirements of CSA standard B51-97, "Boiler, Pressure Vessel, and Pressure Piping Code".
  • (2) An employer and a diving supervisor shall each ensure that a compressor referred to in subsection (1) is operated by a competent person.
  • (3) The competent person referred to in subsection (2) shall ensure that the equipment needed to supply air to the diver is in good working order.

[N.B. Reg. 2001-33, s. 109]

Section 324

324. A diving supervisor shall ensure that there is a second source of power for the diving plant and equipment, in the event of failure of the primary source, capable of

  • (a) being rapidly brought on line,
  • (b) operating the handling system for the submersible compression chamber,
  • (c) heating the diving plant and equipment, including heating for any diver in the water,
  • (d) sustaining life-support systems for a submersible compression chamber and any diver in the water,
  • (e) illuminating the work area of a diver and the interior of a submersible compression chamber and dive station, and
  • (f) operating communication and monitoring systems.

[N.B. Reg. 2022-27, s. 41]

Section 325

325. Where oxygen is used in diving plant and equipment, a diving supervisor shall ensure that

  • (a) the use of hoses in place of piping to carry or hold oxygen is kept to a minimum,
  • (b) hoses and fittings are constructed of material compatible with oxygen at the operating pressure and temperature,
  • (c) high flow velocities of oxygen through a hose are such that the differential pressure along a hose does not exceed 700 kPa,
  • (d) quick-opening valves are not used except for emergency shut-off at the point of penetration of a hyperbaric chamber hull, and
  • (e) portable compressed gas containers containing oxygen are stored, handled and used in accordance with sections 74 to 79.
Section 326

326. A diving supervisor shall ensure that a life line used by a diver is

  • (a) secured at the surface to a safe anchor point,
  • (b) tended at all times by a tender,
  • (c) secured in a manner that will prevent loss of contact with the diver,
  • (d) attached to the diver's safety harness, and
  • (e) of sufficient length without knots or splices.

[N.B. Reg. 2010-159, s. 42]

Section 327

327. A diving supervisor shall ensure that a diver wears a diving safety harness complete with lifting ring at all times when diving.

Section 328 Communication with Diver
  • 328. (1) An employer shall provide, and a diving supervisor shall ensure use of, a means of effective two-way communication between a diver and any person in control of the diving plant and equipment.
  • (2) Where two-way voice communication is required, an employer shall provide
    • (a) a standard of sound reproduction that enables the diver's breathing to be heard clearly,
    • (b) a suitable means of voice-unscrambling when the breathing mixture used significantly distorts sound transmission, and
    • (c) a recording system for voice communication for depths exceeding 55 m.
Section 329

329. A diving supervisor shall ensure that a diver using surface-maintained diving equipment knows and understands the following international hand signals:

  • (a) from the diver:
    • (i) 1 pull means "I am all right";
    • (ii) 2 pulls mean "Lower or give me slack";
    • (iii) 3 pulls mean "I am coming up" or "Take up slack";
    • (iv) 4 pulls mean "Haul me up";
    • (v) 5 pulls mean "Send me a rope";
    • (vi) 2-1 pulls mean "I understand" or "Answer the intercom"; and
    • (vii) 3-2 pulls mean "More air";
  • (b) from the tender:
    • (i) 1 pull means "Are you all right?" except when the diver is being either raised or lowered when 1 pull means "Stop";
    • (ii) 2 pulls mean "You have come too far. Go back down until I stop you";
    • (iii) 3 pulls mean "Stand by to come up";
    • (iv) 4 pulls mean "Come up, emergency recall"; and
    • (v) 2-1 pulls mean "I understand" or "Answer the intercom"; and
  • (c) emergency signals from the diver:
    • (i) 2 pulls repeated several times indicates that the diver is fouled and a stand-by diver is to be sent down immediately;
    • (ii) 3 pulls repeated several times indicates that the diver is fouled but is able to clear themselves if left alone; and
    • (iii) 4 pulls repeated several times indicates a serious emergency and the tender is to haul the diver up to the surface.

[N.B. Reg. 2022-27, s. 42]

Section 330 Equipment for a Diving Base on the Surface

330. A diving supervisor shall ensure that when diving is in progress a diving base on the surface is equipped with

  • (a) if SCUBA is being used, one complete spare set of self-contained underwater breathing apparatus with fully charged cylinders to be used for emergency purposes only,
  • (b) a shot-line of 19 mm manila or material of equivalent strength, of sufficient length to reach the bottom at the maximum depth of the work area,
  • (c) a first-aid kit that meets the requirements of section 12,
  • (d) a stretcher and blankets,
  • (e) one complete set of decompression tables appropriate for the dive,
  • (f) a sufficient quantity of hot beverage for the divers, and
  • (g) such other material or equipment as may be specified by an officer.

[N.B. Reg. 2022-27, s. 43]

Section 331 Transportation through Air-Water Interface
  • 331. (1) A diving supervisor shall ensure that diving activities are not carried out from a diving station located more than 5 m above water unless the divers are transported through the air-water interface by a suitable submersible compression chamber, stage or open diving bell.
  • (2) A diving supervisor shall ensure that a hoisting device used to raise or lower a diver into the water is not used for any other purpose until after the diver is in position.
  • (3) A diving supervisor shall ensure that a hoisting device used to raise or lower a submersible compression chamber, stage or open diving bell is
    • (a) so constructed that a brake is automatically applied when the control lever, handle or switch is not held in the operating position, and
    • (b) not fitted with a pawl-and-ratchet gear on which the pawl has to be disengaged before commencing raising or lowering operations.
  • (4) A diving supervisor shall ensure that a stage required under subsection (1)
    • (a) is provided to transport a diver to an underwater work area where the depths are shallower than 55 m,
    • (b) is large enough to carry at least two divers with their diving equipment and associated equipment in uncramped conditions,
    • (c) is secure against tipping and spinning,
    • (d) does not contain any equipment that might interfere with a diver's foothold or handhold, and
    • (e) is so constructed or equipped that the divers are secure against falling out of the stage.

[N.B. Reg. 2022-27, s. 44]

Section 332 Open Diving Bells

332. An employer and a diving supervisor shall each ensure that an open diving bell

  • (a) is of sufficient size to accommodate all submerged divers,
  • (b) provides adequate emergency breathing mixture for the safe decompression of divers in an emergency,
  • (c) contains adequate equipment, protected against inadvertent operation, for supplying the appropriate breathing mixture to persons occupying or working from the chamber,
  • (d) is equipped with a voice communication system whereby conversation may be maintained with persons at the diving station, with surface supervisory personnel and with divers outside the chamber,
  • (e) contains equipment for lighting,
  • (f) contains first-aid equipment that meets the requirements of section 12 and lifting equipment sufficient to enable an unconscious or injured diver to be hoisted into the chamber by a person located in the chamber,
  • (g) contains a stretcher and blankets,
  • (h) is used in association with lifting gear that enables the chamber to be lowered to the depth at which the diving operations are to be carried out without excessive lateral, vertical or rotational movement taking place,
  • (i) is provided with a means whereby in the event of a failure of the main lifting gear, the chamber can be returned to the surface, and
  • (j) limits the diver's umbilical to 30 m.
Section 333 Submersible Compression Chambers
  • 333. (1) Where a submersible compression chamber is used, an employer shall ensure that the submersible compression chamber conforms to the requirements of CSA standard Z275.1-93 , "Hyperbaric Facilities".
  • (2) An employer shall ensure that a submersible compression chamber
    • (a) is equipped to permit the transfer of personnel under pressure into or from the surface hyperbaric chamber,
    • (b) is of a design that
      • (i) enables divers to enter and exit without difficulty, and
      • (ii) allows at least two divers who are equipped and dressed for the diving operation to be seated within,
    • (c) is equipped with doors and hatches that act as pressure seals and may be opened from either side, and
    • (d) is equipped with such valves, gauges and other fittings as necessary to control the internal pressure and to indicate clearly the internal and external pressures inside the chamber and at the diving station.

[N.B. Reg. 2001-33, s. 111]

Section 334

334. A diving supervisor shall ensure that no underwater diving operation is conducted from a lock-out submersible unless

  • (a) the submersible is negatively buoyant on the bottom or positively secured to the underwater work area,
  • (b) there is a stand-by diver monitoring the operation from the lock-out submersible, and
  • (c) the diver's umbilical is limited to 30 m.

[N.B. Reg. 2022-27, s. 45]

Section 335

335. An employer shall ensure that no underwater diving operation is conducted from a lock-out submersible unless the diving supervisor is on board the submersible and present in the one-atmosphere chamber during all external diving operations.

Section 336 Atmospheric Diving Systems
  • 336. (1) Where an atmospheric diving system is used, a diving supervisor shall locate the nearest back-up atmospheric diving system unit or other unit with sufficient depth capabilities to effect a rescue and shall arrange for its use in the event of an emergency.
  • (2) A diving supervisor shall ensure that an atmospheric diving system is not used unless the on-board reserve life-support system will sustain life for the period of time that would enable the back- up unit required by subsection (1) to reach the site of the underwater diving operation and conduct rescue operations.
  • (3) Where an atmospheric diving system is used, an employer and a diving supervisor shall each ensure that a contingency plan is prepared for dealing with
    • (a) deteriorating weather and ice conditions during a dive,
    • (b) the inability of surface craft to maintain station,
    • (c) the failure of any major component of diving plant and equipment, and
    • (d) any other circumstances that may reasonably be anticipated.
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).
Section 338
  • 338. (1) An employer shall ensure that a diver using SCUBA uses the following equipment appropriate to the conditions:
    • (a) an open-circuit demand apparatus with quick-release harness, a reserve device or a bail-out system;
    • (b) a face mask;
    • (c) swimming fins for the feet;
    • (d) a snorkel or breathing tube for surface swimming;
    • (e) a suitable knife;
    • (f) a weight belt with a quick-release closure;
    • (g) a submersible pressure gauge;
    • (h) an exposure suit or protective clothing appropriate for the conditions of work and the temperature of the water;
    • (i) a manually inflatable buoyancy device;
    • (j) an underwater watch with elapsed-time indicator; and
    • (k) a device for summoning aid from the surface while submerged.
  • (2) An employer shall ensure that a diver using SCUBA uses
    • (a) a life line that meets the requirements of section 326, and
    • (b) a means of effective two-way communication so that the diver is able to summon immediate assistance from the surface and the surface crew can effectively recall a submerged diver at any time.
Section 339

339. An employer shall ensure that each SCUBA cylinder is

  • (a) hydrostatically tested and stamped at least every five years by an appropriate agency in accordance with CSA standard CAN/CSA Z275.2-92 , "Occupational Safety Code for Diving Operations",
  • (b) visually inspected internally and externally at least once every year and labelled with a decal affixed securely to the cylinder stating the month and year of inspection by an appropriate agency in accordance with CSA standard CAN/CSA Z275.2-92, "Occupational Safety Code for Diving Operations",
  • (c) not filled unless paragraphs (a) and (b) have been complied with,
  • (d) when showing visual signs of damage, not filled until it has been tested and inspected in accordance with paragraphs (a) and (b) immediately before being filled,
  • (e) not filled unless it is securely blocked, lashed and preferably immersed in a protective tank of water,
  • (f) only filled with air meeting the minimum requirements of the CSA standard CAN3-Z180.1-M85, "Compressed Breathing Air and Systems",
  • (g) not subjected to temperatures in excess of 55°C,
  • (h) equipped with a safety reserve valve or equivalent in the regulator,
  • (i) transported in an upright position whenever possible,
  • (j) transported with the valves pointing toward the rear of the vehicle, if it cannot be transported upright, and
  • (k) securely tied or blocked during transit with the valves protected to prevent shear off.

[N.B. Reg. 2001-33, s. 113]

Section 340

340. Where SCUBA diving operations are carried on during the hours of darkness, an employer shall provide indicator devices such as rescue beacons or strobes for the diver's use.

Section 341 Surface-Supply Diving
  • 341. (1) This section applies to a surface-supply diving operation.
  • (2) Where the planned depth of a dive does not exceed 30 m, an employer shall ensure that a minimum crew of three is present for each surface-supply diving operation consisting of
    • (a) a diver,
    • (b) a stand-by diver, and
    • (c) a tender.
  • (3) A diving supervisor is not required for a dive referred to in subsection (2).
  • (4) Where the planned depth of a dive exceeds 30 m, an employer shall ensure that a minimum crew of four is present for each surface-supply diving operation consisting of
    • (a) a diver,
    • (b) a stand-by diver,
    • (c) a tender, and
    • (d) a diving supervisor who does not enter the water.
  • (5) An employer shall ensure that a stationary air-line used in a surface-supply diving operation
    • (a) is properly safeguarded against injury or interference,
    • (b) has a valve fitted in each diver's air-line that is
      • (i) readily accessible,
      • (ii) guarded against interference,
      • (iii) clearly marked to identify the diver whose air supply it controls, and
      • (iv) under the care of a competent person,
    • (c) is fitted with a pressure gauge downstream of the supply valve installed so that the dial figures are in clear and unobstructed view of the tender or diving supervisor, and
    • (d) is of sufficient length to provide for emergency difficulties of the diver.
  • (6) Where surface-supplied equipment is designed to be used with a bail-out system, an employer shall ensure that a diver wears the bail-out system.
  • (7) An employer shall ensure that non-return valves are fitted to all diving helmets and surface-supplied masks and the non-return valves are checked before the commencement of diving operations in accordance with the supplier's recommendations.
  • (8) An employer shall ensure that a diver's umbilical is taped to a life line at 1 m intervals in such a manner that strain due to tension on the life line does not create tension on the umbilical.
  • (9) An employer shall ensure that a surface-supplied diver has effective two-way voice communication with the surface.
  • (10) An employer shall ensure that when a diver is in the water, a vessel or platform is anchored at or near the diving operation or that there is a diving platform, skip, pier or facility that is seaworthy and of sufficient size to accommodate safely the diving crew and equipment.
Section 342 Deep Diving
  • 342. (1) This section applies to a deep diving operation.
  • (2) An employer shall ensure that a minimum crew of five is present for each diving operation consisting of
    • (a) a diving supervisor,
    • (b) two divers, one of whom is a stand-by diver, and,
    • (c) two tenders.
  • (3) An employer shall ensure that there are a sufficient number of competent persons to operate
    • (a) the diving plant and equipment and other facilities while a diver is under, entering or leaving the water, and
    • (b) any hyperbaric chamber required and its associated equipment.
  • (4) When more than one deep diving operation in a twenty-four hour period is planned, an employer shall ensure that there are a sufficient number of divers and stand-by divers to ensure that a diver or stand-by diver about to commence a dive has not been exposed to abnormal external pressure on the body for the twelve hour period before the dive.
  • (5) An employer shall ensure that at least two divers are used when diving from a closed bell, one of whom shall be the stand-by diver and who shall tend the diver from the bell.
  • (6) An employer shall ensure that a Class A (double-lock) hyperbaric chamber in operable condition is on site for all deep diving operations.
  • (7) An employer shall ensure that an open diving bell, submersible compression chamber or lock-out submersible is provided and used for the transport of the diver to the underwater work area whenever pressure dives exceed the following limits:
Bottom TimeDepth
60 minutes55-68 m
40 minutes69-75 m
30 minutes76-90 m
Table
  • (8) A diving supervisor shall ensure that a submersible compression chamber or lock-out submersible capable of mating to a Class A (double-lock type) hyperbaric chamber for the transfer of personnel under pressure is used where the bottom time and depth exceeds the limits given in subsection (7) or the depth is in excess of 90 m.
  • (9) An employer and a diving supervisor shall each ensure that diving activities are not carried out at water depths greater than 55 m unless
    • (a) a diver is transported through the air-water interface by a suitable submersible compression chamber, open diving bell or stage,
    • (b) the stand-by diver referred to in subsection (2) is located at the surface or in the stage,
    • (c) all divers and stand-by divers are in voice communication with each other and with the attendants at the diving station, and
    • (d) the attendants at the diving station have a means of monitoring the depth of the diver and the pressures of the breathing medium being supplied to each diver and stand-by diver.
  • (10) Where bounce or non-saturation diving techniques are used, an employer and a diving supervisor shall each ensure that no diver remains submerged for a total period of time in excess of three hours in a twenty-four hour period and that there is a rest period of at least twelve continuous hours after this limit is reached.
  • (11) Where saturation diving techniques are used, an employer and a diving supervisor shall each ensure that
    • (a) where the dive is to a depth of 150 m or less, no diver exceeds four hours in the water and four hours as attendant in the submersible compression chamber,
    • (b) where the dive is deeper than 150 m, no diver exceeds three hours in the water and three hours as attendant in the submersible compression chamber, and
    • (c) in any twenty-four hour period, there is a rest period of at least twelve continuous hours after the time limit specified in subsection (a) or (b) is reached.
  • (12) A diving supervisor shall ensure that no diver commences another dive within fourteen days after completion of decompression after a saturation dive unless with the approval of a medical practitioner.
  • (13) A diving supervisor shall ensure that a diver
    • (a) is tethered to the work base by a breathing mixture umbilical,
    • (b) is provided with effective two-way voice communication, and
    • (c) is tended by
      • (i) a tender on the surface,
      • (ii) a tender in a submersible chamber or stage if one is used in the diving operation, or
      • (iii) another diver in the water who is connected to the diver and is tended.
  • (14) Where a submersible compression chamber is used, a diving supervisor shall ensure that at least one diver remains in the chamber to monitor a diver who has left the chamber.

[N.B. Reg. 2022-27, s. 47]

Part XXI LOGGING AND SILVICULTURE OPERATIONS

Section 344 Supervisors

344. An employer shall ensure that at least one supervisor is present in each work area.

[N.B. Reg. 2022-27, s. 49]