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Newfoundland Legislation

Newfoundland and Labrador Fire Safety

This material has been extracted from the Acts and Regulations of the Province to help students understand the subject. It is not an official source of information and must not be used for any other purpose.

Copyright © 2009: Queen’s Printer, St. John's, Newfoundland and Labrador

Occupational Health and Safety Regulations, 2009
under the Occupational Health and Safety Act
(O.C. 2009-233)

PART XX
FIRE PREVENTION AND CONTROL

Fire protection
443.    (1) The design and occupancy of structures and the provision of fire alarm and detection equipment and fire protection equipment, in places of employment, shall comply with the Fire Prevention Act, 1991 and an employer shall ensure that work is carried out according to the applicable provisions of that Act and the National Fire Code.
(2)       Fire alarm and detection equipment and fire protection equipment shall be maintained according to the manufacturer's instructions and any other requirements of provincial legislation.
(3)       An employer that has
(a)       controlled products as defined in the Workplace Hazardous Materials Information System (WHMIS) Regulations;
(b)       explosives;
(c)        pesticides;
(d)       radioactive material;
(e)       consumer products; or
(f)        hazardous waste
in quantities which may endanger fire-fighters at a workplace shall ensure that the local fire department is notified of the nature and location of the hazardous materials or substances and methods to be used in their safe handling.
(4)       Subsection (3) does not apply to a workplace:
(a)       where materials are kept on site for less than 5 days, where the employer ensures that an alternate and effective means of notification of the fire department, appropriate to the hazard, is in place in the event of a fire or other emergency; or
(b)       which is not within the service area of a fire department.

Fire and explosion
444.    (1) Where a worker is employed in or about a bilge, tank, compartment or cargo space of marine equipment or in an area where there is a possibility of the presence of a volatile or flammable substance, gas or vapour, an employer shall institute a system of inspections and tests to determine the presence of that substance, gas or vapour before work is commenced.
(2)       Where a volatile or flammable substance, gas or vapour is present or arises from the work process, the hazard shall be removed or controlled by ventilation or other effective means.
(3)       Where work or manufacturing processes involve the use of a flammable liquid, vapour or gas, the concentration of the liquid, vapour or gas in the work area shall be maintained below the lower explosive limit (LEL) of the substance involved.
(4)       A container used to carry, transfer, or store a flammable solvent shall meet the requirements of the CSA Standards and shall be electrically grounded or bonded while the contents are transferred from one container to another.
(5)       Waste material contaminated with a solvent, oil, grease, paint or other flammable substance shall be placed in covered metal containers before disposal and shall not be stored in work areas.
(6)       Where a volatile or flammable substance, gas or vapour is present, or arises out of material or equipment or from a work process, existing or potential sources of ignition shall be controlled or eliminated.
(7)       For the purpose of subsection (6), a source of ignition includes an open flame, spark-producing mechanical equipment, welding and cutting processes, smoking, static discharge, electrical equipment or an                                          installation that is not approved for hazardous locations, as specified by the Canadian Electrical Code.
(8)       Where work involves more than one employer, a principal contractor shall ensure that sources of ignition resulting from the work of one employer are eliminated or adequately controlled where a flammable gas or a flammable liquid is handled, used or stored by another employer.

Trucks loading and unloading
445.    (1) A truck shall be electrically bonded and grounded when loading and unloading bulk petroleum products.
(2)       A vehicle shall not be started or have its motor running in a loading area where a tank truck containing a flammable vaporizing liquid is being connected or disconnected.
(3)       Where a tank truck is being loaded through a dome hatch and it is necessary to observe the fluid level,
(a)       a platform shall be provided for the loader;
(b)       shut-off controls shall be located at the platform; and
(c)        approved illumination shall be provided during the hours of darkness.

Combustible substances
446.    (1) Where a work process releases finely-divided combustible dust within an enclosed area where workers are employed, effective dust control equipment shall be used.
(2)       A collector of combustible dusts, other than that of the liquid spray type, shall be
(a)       located outside or in isolated enclosures removed from or protected against sources of ignition; and
(b)       provided with explosion relief vents.
(3)       Electrical wiring and equipment in a combustible dust collector and associated rooms or enclosures shall be of the explosion-proof type.
(4)       Where combustible dust collects in a building, structure, machinery or equipment, it shall be removed before the accumulation of the dust creates a fire or explosion hazard.

Combustible gas propellants
447.    Combustible gas or vapour shall not be used as a propellant for spray coatings.

Hot work
448.     Fire suppression equipment shall be readily available and appropriate to the potential loss exposure at a location where hot work takes place.

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