Legislation
General Regulation - Occupational Health and Safety Act
N.B. Reg. 91-191
Part VII PROTECTIVE EQUIPMENT
Section 51
- 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 person in an upright or backward leaning position, but is not designed to turn a person 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 person in an upright or backward leaning position and is designed to turn a person 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 person in an upright or backward leaning position, but is not designed to turn a person from a face-down to a face-up position in the water, and includes devices that are designed to protect a person 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.
- (2.1) If a place of employment is a fishing vessel that has no deck or deck structure
- (a) the owner of the place of employment and the employer shall each ensure that a fisher on board the fishing vessel wears a life jacket or flotation device referred to in paragraph (2)(b), (c) or (d), and
- (b) a fisher on board the fishing vessel shall wear a life jacket or flotation device referred to in paragraph (2)(b), (c) or (d).
- (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.
- (a) with regards to water or another liquid,
- (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; 2022, c. 51, s. 2]