S-2.1, r. 5.1 - Regulation respecting sanitary conditions in industrial or other camps

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chapter S-2.1, r. 5.1
Regulation respecting sanitary conditions in industrial or other camps
OCCUPATIONAL HEALTH AND SAFETY — SANITARY CONDITIONS IN INDUSTRIAL CAMPS
Act respecting occupational health and safety
(chapter S-2.1, s. 310)
S-2.1
September 1 2012
The former alphanumerical designation of this Regulation was: chapter Q-2, r. 11.
1. Definitions: In this Regulation,
(a)  “industrial camps” means all the temporary or permanent installations, including the outhouses, which the employer organizes to house the persons employed by him in lumbering or mining operations, railroad or highway construction, the building of dams and other similar undertakings, in sawmills and pulp and paper mills, whether they be permanent camps, permanent summer camps or temporary camps;
(b)  “employer” means any concessionnaire, company, legal person, partnership, natural person, contractor or sub-contractor, engaged in the operation of any of the industries or enterprises mentioned in paragraph a;
(c)  “worker” means any person doing work of any kind in one of the industries or enterprises herein defined;
(d)  “Minister” means the Minister of Sustainable Development, Environment and Parks;
(e)  “inspector” means any public servant of the Ministère du Développement durable, de l’Environnement et des Parcs;
(f)  “permanent camp” means the entire group of structure and outhouses, which the employees will occupy during the course of their work, for more than 15 consecutive days, regardless of the season;
(g)  “permanent summer camp” means any camp whose operations last 15 days or more, and which can only be used from 15 May to 1 October exclusively;
(h)  “temporary camp” means a structure, a building or a tent in which employees are housed only temporarily during the course of work, and where they are not called upon to live for more than 15 consecutive days in a given location.
Camps commonly called “batching camps” are forbidden. A “batching camp” is one where workers make out alone and where, therefore, there is no cook, no foreman nor anyone to see to the maintenance of the place.
R.R.Q., 1981, c. Q-2, r. 3, s. 1.
2. Notice to the Minister: Every employer who intends establishing a permanent camp, a permanent summer camp or a temporary camp, must notify the Minister regarding any old or new camps which he intends using during the coming season of operation. The Minister must be notified at least 3 weeks before the start of construction or installation of camps or of the reopening of old camps.
R.R.Q., 1981, c. Q-2, r. 3, s. 2.
3. Plans and specifications: The buildings and outhouses of an industrial camp which are used for purposes of above mentioned operations, must be constructed and equipped according to plans and specifications accepted or supplied by the Minister; the plans and specifications of the Minister form an integral part of this Regulation.
R.R.Q., 1981, c. Q-2, r. 3, s. 3.
4. Walls: Inside walls must be at least 8 ft high from floor to ceiling.
R.R.Q., 1981, c. Q-2, r. 3, s. 4.
5. Site: Whenever possible, the buildings and outhouses of an industrial camp must be situated in a dry and sunny place; each one of the buildings and outhouses must be 100 ft or more (horizontal distance) from the high water level of a lake or watercourse, regardless of the reason for the rising of the water.
R.R.Q., 1981, c. Q-2, r. 3, s. 5.
6. Drainage: Waste waters must be directed to a covered cesspool in all cases in which conditions of the ground permit. Otherwise, they must be taken by a watertight conduit to a distance of 100 ft or more from the camp, or from any lake, brook, river or other watercourse. The cesspool must be located beyond the limits of the building it serves, and be 100 ft or more from any lake, brook, river or other watercourse. The cesspool must have an airvent and the upper part of the vent must be higher than the level of the sink of the building.
This section does not apply to industrial camps situated within the limits of a municipality and connected to an aqueduct and sewer system.
R.R.Q., 1981, c. Q-2, r. 3, s. 6.
7. Residual materials: Residual materials produced by an industrial camp must be disposed of in accordance with the Regulation respecting the landfilling and incineration of residual materials (chapter Q-2, r. 19).
R.R.Q., 1981, c. Q-2, r. 3, s. 7; O.C. 451-2005, s. 171.
8. Latrines and stables: Latrines and stables must be constructed with due regard for the conditions of the terrain, so that sewage cannot contaminate the water supply and will not become a nuisance for the occupants of the camps. Outdoor latrines must be erected 50 ft or more from other buildings and 100 ft or more from any lake or watercourse. Excrements in outdoor latrines must be entirely covered with a suitable disinfectant at least once a week during the summer season. As regards chemical or bacteriological latrines, these may be placed inside dormitories in a suitably arranged location or in connected lean-tos properly constructed. Latrines must be constructed according to plans and specifications supplied or accepted by the Minister. As regards the stables, they must be erected 100 ft or more from the other buildings and from any lake, brook, river or other watercourse.
R.R.Q., 1981, c. Q-2, r. 3, s. 8.
9. Domestic animals: Animals, such as pigs, bulls, cows, etc., must be kept in enclosures, stables, or piggeries situated at a distance of 100 ft or more from the living-quarters of the camp, or from any lake, brook, river or other watercourse, and also from the water intake.
R.R.Q., 1981, c. Q-2, r. 3, s. 9.
10. Abattoir waste — carcasses: As soon as the ground permits, the remains of animals which have died or been killed must immediately be buried at a depth of at least 2 ft, 100 ft or more distant from the camps, or from any lake, brook, river or other watercourse, and also from the water intake.
R.R.Q., 1981, c. Q-2, r. 3, s. 10.
11. Water supply: The drinking-water intake must be situated at a distance of at least 150 ft from the camp and from any source of contamination; in the case of well-protected surface wells, the distance must be 100 ft or more from latrines, cesspools, night-soil deposits, stables or other source of contamination. In the case of a spring situated at a much higher level than any building or outhouse in the camp, or of a tube well, the distance is left to the discretion of the Minister. In any case, the drinking-water intake must be located upstream from the camp or any source of contamination. In addition, no contaminated river or lake water must ever be used for drinking purposes.
A water reservoir, of suitable dimensions and well looked after, equipped with a tap and covered, must be made available to the workers. A common drinking-cup is strictly forbidden.
Excepting that which concerns the use of the common drinking-cup, this section does not apply to industrial camps situated within the limits of a municipality and connected to an aqueduct and sewer system.
R.R.Q., 1981, c. Q-2, r. 3, s. 11.
12. Cooks and assistant cooks: It is forbidden for an employer to engage any cook or assistant cook or any food handler who cannot produce a certificate, dating back less than 7 years, certifying his immunity to smallpox — successful vaccination or accelerated reaction — and a medical certificate dating back less than 3 months at the time of hiring, establishing that he is not suffering from a contagious or venereal disease, and that he is not a carrier of germs likely to cause an infection transmissible by food. Such medical certificate shall involve the same examinations as those that are specified on the certificate form supplied by the Minister. The certificate shall only be valid for 1 year after the date of issue.
R.R.Q., 1981, c. Q-2, r. 3, s. 12.
13. First aid kit: The employer must arrange for each camp to be furnished with a first-aid kit, equipped to the satisfaction of the inspector.
R.R.Q., 1981, c. Q-2, r. 3, s. 13.
14. Duties of the employer: It is the duty of the employer:
(a)  to place at the disposal of the workers single beds with springs. Each bed must also have a mattress and a pillow. Those articles must be clean, in good condition and must have been previously disinfected.
Superimposed bunks are prohibited in any construction which serves as a dormitory in camps;
(b)  to supply each worker, on his arrival at camp, with clean bed-clothes, in good condition and disinfected; the bed-clothes must be for his exclusive personal use and must be washed at least once a month. If, in addition to woollen blankets, the employer supplies flannel or other sheets, they must be disinfected at the time of the worker’s arrival at camp, and then washed once a month. In that case, the woollen blankets need only be washed and disinfected at the opening of each working season;
(c)  to erect and equip a separate room, destined for use as a laundry, in order to allow the workers to wash their own clothes;
(d)  to install a boiler of sufficient capacity to supply the hot-water required for washing personal clothing. The employer may organize a laundry service. The room used as a laundry may also serve as a bathroom for the workers, or the employer shall equip a special room for that purpose and, in either case, install therein suitable tubs;
(e)  to equip, according to plans and specifications supplied or approved by the Minister, a drier to be used for drying the wet clothes of the workers;
(f)  to provide a sufficient supply of hot water in the dormitories and a space large enough to install a watertight sink and to permit the installation of at least 1 basin for each 5 workers;
(g)  to arrange a place to allow workers to put away their clothes and belongings in such a way as to prevent them from lying about the floor and to facilitate cleaning of the camps;
(h)  to supply for the women who will reside in each camp a room with a window and completely separate from the kitchen;
(i)  in the case of women having 1 child or more, to erect and furnish, according to plans and specifications supplied or accepted by the Minister, a dwelling separate from the dormitories and the kitchen;
(j)  to equip, according to plans and specifications supplied by the Minister, a pantry for storing perishable foodstuffs. The larder must have a wooden floor, a window and a ventilator;
(k)  to protect foodstuffs against flies, insects, vermin, dust, etc. and to refrain from placing any food on the floor;
(l)  to provide a suitable place for storing vegetables;
(m)  to protect all alimentary supplies, particularly meats, against any impurity during transportation;
(n)  to see to it that kitchen utensils are properly washed after being used and are kept in good condition. The inspector may prohibit the use of kitchen utensils which he finds in bad condition;
(o)  to see to it that the floors of the camps are washed at least once a week and damp-swept every day;
(p)  to arrange for harness and all other equipment used for horses or other work-animals to be kept in a place where they will not interfere with cleanliness or be a nuisance to the hygienic care of the camp;
(q)  to supply cuspidors for common rooms and dormitories and to arrange for them to be cleaned daily;
(r)  to take proper means to protect workers against flies and mosquitoes by installing insect screens at all openings;
(s)  to allow the inspectors of the Ministère du Développement durable, de l’Environnement et des Parcs to visit at all times his camp and outbuildings, as well as the drinking-water intake and the sewer system.
R.R.Q., 1981, c. Q-2, r. 3, s. 14.
15. Permanent summer camps: The permanent summer camps are subject to the following measures:
(a)  tents may be used as camps during the period extending from 15 May to 1 October exclusively;
(b)  the dimensions of sleeping-tents must be calculated on a basis of at least 250 ft3 for each single bed;
(c)  each tent must be provided with a double top;
(d)  sleeping-tents used as kitchens and dining-rooms must be provided with a wooden wall at least 4 ft high from the floor, but the total height of the tent wall must not be less than 8 ft high from the floor. The wall must be suitably weather-proofed and the outside walls earthened up;
(e)  the floors must be 12 in from the ground and must cover the entire interior of the tent; a lower floor may be tolerated if the ground is very dry. Floors made of logs properly levelled and smooth enough to be easily washed and cleaned, may be tolerated;
(f)  tents must be heated to the satisfaction of the inspector;
(g)  a special tent, heated, must be pitched to allow employees to dry their working clothes; the wash-tubs may be installed in the tent. It is not necessary to provide the tent with a wooden wall, but it must have a wooden floor;
(h)  a sink must be installed to provide for the use of a basin for each 5 men;
(i)  the employer must take suitable means to protect the workers against flies and mosquitoes by installing insect screens at all openings;
(j)  tents must be made of a material capable of providing good ventilation and sufficient light; sleeping tents and tents used as a kitchen or dining-hall must not be used as work-rooms;
(k)  all other provisions concerning permanent camps and dealing with the site, water, latrines, stables, wash-houses, beds, cesspools and residual materials must be strictly observed.
R.R.Q., 1981, c. Q-2, r. 3, s. 15; O.C. 451-2005, s. 172.
16. Temporary camps: Temporary camps are subject to the following measures:
(a)  all temporary camps used as dormitories must be provided with a wooden floor and with a heated tent to be used to dry the clothes of the employees;
(b)  a tent or a suitable shelter, considered satisfactory by the inspector, to be used as a dining-hall, must be set up in the case of temporary camps;
(c)  all other provisions concerning the site, water, latrines, stables, wash-houses, beds, cesspools and residual materials must be strictly observed;
(d)  the employer must take suitable means to protect workers against flies and mosquitoes by installing insect screens at all openings.
R.R.Q., 1981, c. Q-2, r. 3, s. 16; O.C. 451-2005, s. 173.
17. Violations: Will be held guilty of a violation any person or association infringing any of the provisions of this Regulation, or refusing to perform a duty imposed by any provision contained in this Regulation.
Will be held guilty of a violation any person, directly or indirectly interfering with a public servant, an inspector or any officer, employee or representative of the Ministère du Développement durable, de l’Environnement et des Parcs, in the exercise of his powers or in the performance of the duties assigned to him by the Environment Quality Act (chapter Q-2) or by its regulations.
Will be considered a party to a violation and liable to the penalty provided, in the same degree as the person committing it, any person aiding or abetting the violation; when the violation is committed by a legal person or an association, will be considered guilty of the violation any director, administrator, manager or officer who, in any way, lends his approval or acquiescence to the act which constitutes the violation.
Anyone who knowingly destroys or damages a poster of the Ministère du Développement durable, de l’Environnement et des Parcs, is guilty and is liable to a fine not exceeding $20 and costs.
R.R.Q., 1981, c. Q-2, r. 3, s. 17.
18. Penalty: Any person or association violating any of the provisions of this Regulation, is liable to a fine of not more than $20, and to an additional fine of not more than $20 a day, for each day over 2 during which the violation continues.
If the violation is committed by a natural person, such person is liable, in default of payment of the fine and costs, to imprisonment for a period not exceeding 8 days for the first violation, and not exceeding 30 days for subsequent violations.
R.R.Q., 1981, c. Q-2, r. 3, s. 18.
REFERENCES
R.R.Q., 1981, c. Q-2, r. 3
O.C. 451-2005, 2005 G.O. 2, 1182