Canada–Newfoundland and Labrador Offshore Area Occupational Health and Safety Regulations — 87
Requirements 87 (1) Every operator and employer must ensure, with respect to any equipment, machine or device that that operator or employer provides for use at a workplace, including any part of or accessory used with one of those things, that (a) only a competent person installs, assembles, uses, handles, stores, adjusts, modifies, maintains, repairs, inspects, tests, cleans or dismantles it; (b) the activities referred to in paragraph (a) are carried out in accordance with its manufacturer’s instructions and, if they are carried out outdoors, having regard to existing environmental conditions; (c) the manufacturer’s instructions respecting its operation and maintenance are made readily available to any person carrying out an activity referred to in paragraph (a); (d) adequate space is provided around it to allow the activities referred to in paragraph (a) to be carried out safely; (e) it is subject to (i) a brief visual inspection before each use by the person using it, and (ii) a thorough safety inspection at least once each year if (A) its purpose is to preserve or protect life, (B) its use would, in the absence of any hazard control measures, pose a risk to the health or safety of persons at the workplace, or (C) it is subject to degradation over time that could affect its safety; (f) any person who maintains, repairs, modifies, tests or inspects it — other than by carrying out a brief visual inspection — makes and signs a record that clearly identifies the equipment, machine or device, describes the activity carried out and provides the person’s name, the date of the activity and, if applicable, the person’s observations regarding the safety of the equipment, machine or device; (g) no person uses it in a manner that may compromise the health or safety of a person at the workplace, including by (i) maintaining, repairing or cleaning any powered equipment, machine or device while it is operational, or (ii) operating any equipment, machine or device that is equipped with a guard while the guard is not in its proper position; and (h) no person intentionally tampers or interferes with it such that the health and safety of any person at the workplace could be compromised, including, unless done in accordance with these Regulations, by impairing or rendering inoperative a safety device or system that is used with it. Records (2) The operator or employer that provides the equipment, machine or device must (a) retain the records referred to in paragraph (1)(f), as well as a record setting out the date that they acquired the equipment, machine or device, until the day that is five years after the day on which the equipment, machine or device is taken out of service at the workplace; and (b) ensure that those records are made readily available to any person who uses, inspects, tests, maintains, repairs or modifies the equipment, machine or device. Exception — maintenance, repair or cleaning (3) Despite subparagraph (1)(g)(i), a person is permitted to maintain, repair or clean a powered piece of equipment, machine or device while it is operational if (a) its continued operation is essential to the maintenance, repair or cleaning; and (b) if feasible, the energy source for any of its parts whose operation is not essential is controlled in accordance with Part 27 or those parts are equipped with guards. Exception — use without guard (4) Despite subparagraph (1)(g)(ii), a person is permitted to operate any equipment, machine or device without its guard in the proper position if necessary to (a) permit the release of any part of a person that is trapped in the equipment, machine or device; or (b) test, maintain, repair or clean the equipment, machine or device if (i) its energy source is, if feasible, controlled in accordance with Part 27, and (ii) the person who performs the work does not leave the equipment, machine or device until the guard has been replaced and verified to be functioning properly. Alternative procedures (5) Every e