| Topic: Risk of drowning | Issued by: VP, WorkSafe Services |
| Statute: General Regulation 91-191 | Date Issued: December 11, 1998 |
| Section: 51(2) | Date Revised: December 3, 2020 |
Question
Are all of the above required or is only one?
Response
Where it says (a), (b), (c), (d) or (e), only one is required. If they were joined by the word “and”, all would be required.
In the case of subsection 51(2), only one is required. That would still not preclude an officer, under the authority of section 32 of the OHS Act, from requiring more than one as a backup. It would have to be in a circumstance where there was an extreme hazard e.g. a worker is over the Reversing Falls at the turbulent tide change. The life-jacket will keep him afloat but he may well drown from the turbulence. Fall arrest or a safety net in addition would be appropriate. Ordinarily, one will suffice.
Referenced Legislation
51(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.