Registration

SOR/2008-276 September 5, 2008

CANADA LABOUR CODE

Regulations Amending the Canada Occupational Health and Safety Regulations

P.C. 2008-1662 September 5, 2008

Her Excellency the Governor General in Council, on the recommendation of the Minister of Labour, pursuant to sections 125 (see footnote a), 125.1 (see footnote b), 126 (see footnote c) and 157 (see footnote d) of the Canada Labour Code (see footnote e), hereby makes the annexed Regulations Amending the Canada Occupational Health and Safety Regulations.

REGULATIONS AMENDING THE CANADA OCCUPATIONAL HEALTH AND SAFETY REGULATIONS

AMENDMENT

1. Paragraph 1(c) of Schedule IV to Part VI of the Canada Occupational Health and Safety Regulations (see footnote 1) is repealed.

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT
ANALYSIS STATEMENT`

(This statement is not part of the Regulations.)

Issue and objectives

The amendment to the Canada Occupational Health and Safety Regulations (COHSR) falls under Part II of the Canada Labour Code (the Code). Its purpose is to repeal paragraph 1(c) of Schedule IV, Part VI of the COHSR. The amendment aims to eliminate the provision prescribing a maximum level of lighting for air traffic controller areas. Equipment has now been replaced by terminals with viewing screens that can be used and consulted at normal lighting levels. This provision is therefore no longer necessary.

The objective of the amendment is as follows:

• Eliminate the provision prescribing a maximum level of lighting for air traffic controller areas.

Description and rationale

The amendment to the COHSR falls under Part II of the Code, the purpose of which is to prevent accidents and injury to health arising out of employment under federal jurisdiction.

This amendment to the COHSR aims to eliminate the provision prescribing a maximum level of lighting for air traffic controller areas. This provision is in paragraph 1(c) of Schedule IV, Part VI of the COHSR. Following implementation of this amendment, the levels of lighting for air traffic controller areas will be subject to the remaining provisions in Part VI of the COHSR.

The provision describing the maximum level of lighting for air traffic controller areas was previously necessary because the electronic equipment used by air traffic controllers was easier to read in relatively dark work environments. This equipment has now been replaced by visual display terminals (VDT) that can be used and consulted at normal lighting levels. In fact, keeping this provision may actually cause occupational health and safety problems for air traffic controllers since work environments with low lighting may cause eye strain or visual adaptation problems when moving from a location with low lighting to a location with normal lighting.

There are no costs associated with this regulatory amendment. At this time, the control towers, which are considered air traffic controller areas, do not comply with the provisions of paragraph 1(c) of Schedule IV, Part VI of the COHSR. Since these buildings have large windows that allow outside light directly in, compliance with the existing provision could actually endanger health and safety in the aforementioned ways.

Consultation

Further to the request for amendment formulated by the member of the Regulatory Review Committee representing NAV Canada, the Labour Program prepared a discussion paper proposing the elimination of paragraph 1(c) of Schedule IV, Part VI of the COHSR. This document was forwarded to the Regulatory Review Committee for comment and approval. The Regulatory Review Committee is composed of representatives from employer and employee groups and of officials from Human Resources and Skills Development Canada — Labour Program, and this Committee meets twice a year. In 2006, the Regulatory Review Committee gave its support to the amendment.

Implementation, enforcement and service standards

After the amendment has been put into place, the lighting levels for air traffic controller areas will be covered by section 6.7 (3) of Part VI of the COHSR, which determines the lighting level when working with VDT requires the reading of a document. That section indicates that supplementary lighting shall be provided where necessary to give a level of lighting of at least 500 lx on the document.

There is no change to the compliance regime as a result of this regulatory amendment. The Labour Program must ensure compliance with occupational health and safety legislation and regulations. The purpose of the Labour Program compliance policy is two-fold. First of all, it helps employers and employees better understand the mechanism used to achieve compliance with the Code. Secondly, it provides an overview of actions that may be taken by the Labour Program to achieve compliance with the Code.

Various techniques are used to monitor compliance with occupational health and safety requirements. The following techniques apply to this regulatory amendment:

(1) Policy committees and workplace health and safety committees are the primary means available to employers and employees to resolve occupational health and safety problems. Health and safety officers help the industry create policy committees and workplace health and safety committees, as well as implement related programs.

With the statutory authority delegated to them, health and safety officers may enter any workplace and perform a range of activities to ensure compliance with the Code and the applicable regulations. Safety checks and inspections are among these activities. Health and safety officers may also investigate reported contraventions, workplace accidents, refusals to work, or dangerous situations.

(2) Health and safety officers may obtain an Assurance of Voluntary Compliance (AVC) from employers or employees. An AVC is a written document in which the employer or employee promises the health and safety officer that he or she will correct a contravention of the Code within a specified period. If the corrective action specified in the AVC is not taken, a direction can be issued.

The health and safety officer issues a direction when a situation entails danger and an AVC cannot be obtained or is disregarded. A direction is a written order directing the employer or employee in question to terminate a contravention of the Code within a specified period.

(3) If non-compliance persists, legal action before the courts can be taken. Violators are liable to a fine and/or imprisonment. The maximum sentence in the event of a violation is a penalty of $1,000,000 upon summary conviction, and a maximum prison sentence of two years and/or a maximum penalty of $1,000,000 upon conviction by indictment.

Contact

Doris Berthiaume
Senior Policy Analyst
Legislation, regulations and policy development unit
Labour Program
165 Hôtel-de-Ville Street, 10th Floor
Place du Portage, Phase II
Gatineau, Quebec
K1A 0J2
Telephone: 819-953-8090
Fax: 819-953-1743
Email: doris.berthiaume@hrsdc-rhdsc.gc.ca

Footnote a
S.C. 2000, c. 20, s. 5

Footnote b
S.C. 2000, c. 20, s. 6

Footnote c
S.C. 2000, c. 20, s. 8

Footnote d
S.C. 2000, c. 20, s. 20

Footnote e
R.S. 1985, c. L-2

Footnote 1
SOR/86-304; SOR/2002-208

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