CNLR 1148/96 - Occupational Health and Safety First Aid Regulations under the Occupational Health and Safety Act

CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 1148/96 Occupational Health and Safety First Aid Regulations under the Occupational Health and Safety Act (O.C. 96-478) Amended by: 45/06 68/20 2022 cW-11.1 s167 CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 1148/96 Occupational Health and Safety First Aid Regulations under the Occupational Health and Safety Act (O.C. 96-478) Under the authority of section 65 of the Occupational Health and Safety Act and the Subordinate Legislation Revision and Consolidation Act , the Lieutenant-Governor in Council makes the following regulations. REGULATIONS Analysis 1. Short title 2. Definitions 3. Application 3.1 First aid certificates 4. Duties of employer 5. First aid room required 6. Total number of workers 7. Notice to be posted 8. Conveyance 9. Report of injury 10. First aid register 11. General requirements 12. Status of workers 13. Requirements of first aid room 14. Maintenance of first aid equipment 15. Additions or variations 16. Rep. by 68/20 s5 17. Rep. by 68/20 s5 18. Rep. by 68/20 s5 19. Type 1 personal first aid kit 20. Existing first aid kits 21. Repeal Schedule Short title 1. These regulations may be cited as the Occupational Health and Safety First Aid Regulations. 12/86 s1 Back to Top Definitions 2. In these regulations (a) "Act" means the Occupational Health and Safety Act ; (b) "advanced first aid certificate" means a certificate that meets the criteria established by the commission under section 3.1 with respect to advanced first aid certificates referred to at paragraph 3.1(1)(a); (c) "approved" means approved by the assistant deputy minister; (d) "assistant deputy minister" means the assistant deputy minister responsible for occupational health and safety; (d.1) "CSA" means the Canadian Standards Association; (e) "emergency first aid certificate" means a certificate that meets the criteria established by the commission under section 3.1 with respect to emergency first aid certificates referred to at paragraph 3.1(1)(b); (f) "first aid attendant" means a person who is the holder of a valid advanced first aid certificate or a person who possesses higher health care treatment credentials; (g) "first aid kit" means an approved container with approved first aid supplies; (h) "minister" means the minister appointed under the Executive Council Act to administer the Act; (i) "shift" means a period of work engaged in by a worker whether or not it is preceded or followed by other periods of work at the same workplace; (j) "standard first aid certificate" means a certificate that meets the criteria established by the commission under section 3.1 with respect to standard first aid certificates referred to at paragraph 3.1(1)(c); (k) "Type 1: Personal first aid kit" means a first aid kit that meets the requirements of a Type 1: Personal first aid kit specified in CSA Z1220 "First Aid Kits for the Workplace"; and (l) "Type 3: Intermediate first aid kit" means a first aid kit that meets the requirements of a Type 3: Intermediate first aid kit specified in CSA Z1220 "First Aid Kits for the Workplace". 12/86 s2; 139/86 s1; 45/06 s1 ; 68/20 s1 Back to Top Application 3. These regulations apply to all workplaces with the exception of those workplaces that the director or an officer may exempt, but the assistant deputy minister or officer may require those exempted workplaces to provide first aid services and supplies as the minister may prescribe under subsection 53(3) of the Act. 12/86 s3 Back to Top First aid certificates 3.1 (1) The commission shall establish the education, practical training and other criteria required for a person to be issued a certificate of (a) advanced first aid; (b) emergency first aid; and (c) standard first aid. (2) Where a course or program is offered by a person or organization that provides the education, practical training and other criteria that the commission considers to be equivalent to that required under subsection (1), the commission may designate that course or program as offered by that person or organization as acceptable for the purpose of that subsection. (3) In this section "commission" means the Workplace Health, Safety and Compensation Commission continued under section 5 of the Workplace Health, Safety and Compensation Act, 2022 . 45/06 s2 ; 2022 cW-11.1 s167 Back to Top Duties of employer 4. (1) An employer shall (a) provide and maintain (i) first aid kits, associated supplies and equipment in a workplace in accordance with CSA Z1220 "First Aid Kits for the Workplace", and (ii) other first aid supplies, services and equipment required by these regulations; and (b) ensure so far as is reasonably practicable the application of the kits, supplies, equipment and services referenced in paragraph (a) towards prompt and effective first aid. (2) An employer shall post in a conspicuous position at a workplace a written notice which outlines a policy and procedure for the reporting of injuries. (3) Where an employer requires a worker to work alone the employer shall if it is reasonable to do so or if required to do so by an officer ensure that the worker holds a valid emergency first aid certificate. (4) Where more than one but less than 15 workers are engaged on one shift an employer shall ensure that one of the workers holds a valid emergency first aid certificate unless an officer directs that a higher certificate is necessary. (5) Where 15 or more but less than 200 workers are engaged on one shift an employer shall ensure that there is (a) at least one worker who holds a valid standard first aid certificate unless an officer directs that a higher certificate is necessary; and (b) in addition, a worker holding a valid emergency first aid certificate for each group of 25 workers or part of it in excess of 25 workers. (6) An employer shall appoint a first aid attendant where 200 or more workers are engaged on one shift and in addition shall ensure that there is a worker with a valid emergency first aid certificate for each group of 25 workers or part of it in excess of 25 workers. (7) A person appointed under subsection (6) shall be situated in a position so as to be readily available in case of accident and in a state of dress and personal cleanliness consistent with the treatment of an injured person. 12/86 s4; 68/20 s2 Back to Top First aid room required 5. (1) An employer (a) employing 200 or more workers on one shift; or (b) employing a total of 200 or more workers and if ordered to do so by an officer shall provide and maintain as conveniently as possible to the workplace a first aid room under the supervision of a first aid attendant. (2) The assistant deputy minister or an officer, having regard for existing circumstances, may order an employer to provide a first aid room and first aid attendant where less than 200 workers are employed, or under appropriate circumstances may relieve an employer of that obligation where 200 or more workers are employed. (3) A first aid room required under this section shall be kept sanitary at all times and shall contain the equipment and supplies described in the Schedule to these regulations in the quantities that may be reasonably necessary to provide adequate first aid. 12/86 s5; 68/20 s3 Back to Top Total number of workers 6. For the purpose of these regulations, all workers shall be included as workers of the employer or principal contractor in determining the total number of workers employed at a workplace. 12/86 s6 Back to Top Notice to be posted 7. The employer shall ensure that there is posted in a conspicuous place in the vicinity of the first aid kit or the first aid room at a workplace a notice containing (a) the name of the particular person in charge of the first aid kit or first aid room; (b) the name and qualifications of each person trained to administer first aid; and (c) an emergency procedure and a telephone list or other instructions for reaching the nearest police, ambulance, fire station, hospital or physician. 12/86 s7 Back to Top Conveyance 8. A conveyance used by or under the control of the employer for transporting workers to and from workplaces shall be equipped with a Type 3: Intermediate first aid kit, the contents of which are to be determined based on the legal seating capacity of the conveyance in accordance with CSA Z1220 "First Aid Kits for the Workplace". 12/86 s8; 68/20 s4 Back to Top Report of injury 9. A worker shall, on being injured, report the injury to the employer as soon as practicable following the injury. 12/86 s9 Back to Top First aid register 10. (1) An employer shall ensure that every first aid kit or first aid room is provided with an approved register as prescribed by the minister in which shall be recorded particulars of a first aid treatment given to or sought by a worker while at work and of any case referred for medical attention, and particulars shall include (a) the full name, age and occupation of the worker; (b) the nature of the injury or illness; (c) a short description of the cause of the injury or illness; (d) the nature of the work in which the worker was engaged at the time of sustaining the injury or becoming ill, with date and time; (e) the treatment given, with date and time; (f) the disposition of the case stating whether the worker returned to work, was sent home or to a physician or hospital and means of transportation where applicable; (g) the signature of the person making the entry; and (h) for later completion, if necessary, total time lost, time on restricted work activity and whether or not a Workers' Compensation Commission claim was filed. (2) First aid registers shall be available for inspection by the occupational health and safety committee or worker health safety representative or by an occupational health and safety officer. (3) First aid registers shall be retained by the employer for a period of at least 5 years from the date of the last entry. (4) An employer shall when requested forward copies of the first aid register to the director. 12/86 s10 Back to Top General requirements 11. (1) First aid supplies and services shall be located in convenient proximity to the working areas in a workplace to be served and shall be readily available during all working hours. (2) Signs showing the location of the first aid supplies and services shall be posted in conspicuous places in the working areas in a workplace. (3) First aid supplies and equipment shall be kept clean and dry. (4) At every workplace an employer shall ensure that there is readily available an ambulance service or other suitable means of transportation for injured workers. (5) Where a vehicle other than an ambulance is provided, that vehicle shall be clean, provide protection from the elements and be of a size capable of accommodating an occupied stretcher and one other person in the stretcher area. (6) Where possible a seriously injured worker or a stretcher case shall, while being transported, be constantly attended by at least one person who holds a valid first aid certificate. 12/86 s11 Back to Top Status of workers 12. Where workers work in relative isolation from first aid services, the employer shall provide some effective means of checking on their well-being at intervals satisfactory to an officer. 12/86 s12 Back to Top Requirements of first aid room 13. (1) Where these regulations require a first aid room, its minimum floor dimensions shall be 2.5 metres by 3.7 metres and the entrance shall be large enough to permit convenient passage of a stretcher case. (2) The first aid room shall be (a) painted and kept clean and sanitary; (b) provided with adequate lighting, heating and ventilation, including emergency lighting; (c) under the supervision of a first aid attendant; (d) available to injured workers during all working hours; (e) used only for the purpose of providing first aid and related occupational health services; and (f) equipped with a telephone or similar means of communication between work areas at a workplace. 12/86 s13 Back to Top Maintenance of first aid equipment 14. At every workplace, where there are more than 15 workers or where required by an officer, a stretcher, blankets and splints shall be provided and maintained in good condition. 12/86 s14 Back to Top Additions or variations 15. The assistant deputy minister or an officer when circumstances so require may order additions to or variations in the first aid services, requirements and supplies set out in these regulations. 12/86 s15 Back to Top Rep. by 68/20 s5 16. [Rep. by 68/20 s5] 68/20 s5 Back to Top Rep. by 68/20 s5 17. [Rep. by 68/20 s5] 68/20 s5 Back to Top Rep. by 68/20 s5 18. [Rep. by 68/20 s5] 68/20 s5 Back to Top Type 1 personal first aid kit 19. A Type 1: Personal first aid kit shall be provided by an employer and made readily accessible to (a) all mine forepersons employed underground; (b) all forepersons engaged in logging and sawmill operations; (c) all supervisors of workers where the nature of the work or the location of the workplace would make it reasonable to be so equipped; and (d) all workers who work in isolation or who do not otherwise have access to a workplace first aid kit. 12/86 s19; 68/20 s6 Back to Top Existing first aid kits 20. Existing first aid kits and their associated contents shall be presumed to comply with these regulations until January 1, 2022. 12/86 s20; 68/20 s7 Back to Top Repeal 21. The Occupational Health and Safety First Aid Regulations, 1986, Newfoundland Regulation 12/86, are repealed. Back to Top Schedule First Aid Room FURNISHINGS Hot and cold water Permanent sink installations (knee or elbow controls preferred) 1 refuse pail with cover 1 treatment chair with arm rests 1 bed with pillows, sheets and blankets, the whole to be covered with a plastic sheet 1 cabinet suitable for storing dressings and instruments EQUIPMENT 1 advanced first aid safety oriented manual, current edition 1 first aid record book 1 pair bandage scissors, 13.9 cm 1 dressing forceps, 12.5 cm 1 splinter tweezers, blunt nose 1 dozen safety pins, assorted 2 wash basins (stainless steel or polypropylene) 1 nail brush 1 package paper towels 1 package of disposable paper cups 1 eye lamp 1 cold sterilizer or equivalent, with a supply of non-rusting germicidal solution to keep instruments sterile 1 kidney basin, polypropylene or stainless steel 1 carrying stretcher with 3 blankets 1 set wooden or air splints, assorted sizes 3 splints - x-ray transparent or equivalent 1 Type 3: Intermediate first aid kit for large workplaces (51-100 workers) and flashlight for use outside the first aid room at the scene of the accident Those other supplies, in addition to those required under these regulations, as the first aid attendant in consultation with a physician considers necessary. 12/86 Sch.; 68/20 s8