C45

  • December 2019
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C45, 70E, and Z462 Trevor Armstrong, P.Eng. Canadian Federal Bill C45 (Amendments to the Criminal Code Affecting the Criminal Liability of Organizations, colloquially known as the Westray Bill) was tabled in June of 2003 and passed into law in March of 2004. Briefly, it established a new definition for the responsibilities of all decision-makers. These changes are expressed in the duty of decision-makers “to take reasonable steps to prevent bodily harm to…any person, arising from work.” The history of NFPA Standard 70E (Electrical Safety in the Workplace) can be traced back over 30 years when OSHA became involved in this subject. The first edition of NFPA 70E was published in 1979. CSA Standard Z462 (Workplace Electrical Safety) will be issued very shortly along with the new Canadian Electrical Code for 2009. Z462 will mirror, to a large extent, NFPA 70E. This is another step towards a greater harmonization of standards between the USA and Canada. CSA standards are voluntary, although provinces and municipalities can mandate compliance with them, making amendments as they see fit. However, C45, whilst not mandating compliance with any particular standard, has very broad implications for owners, directors. managers, supervisors, and workers. Under C45 each and every person has some degree of responsibility for their own and their colleagues’ safety at work to the extent of incurring criminal liability for failure to meet those responsibilities. Of course, Professional Engineers have another layer of responsibility and liability through their professional bodies. The following link goes into much more detail than this short article can- www.peo.on.ca/DIMENSIONS/janfeb2005/ProfPractice.pdf

70E and Z462 cover many electrical safety topics, but one of the most significant for Canada is probably arc flash. This is mainly because it hasn’t been adequately addressed until now, at least, not in Canada. Arc flash caused by equipment failure or inadvertent short-circuit has the potential to burn, blind, maim, and kill. Copper will expand 67000 times when vapourized by an arc. Temperatures will be hotter than the surface of the sun. The pressure wave can throw a person across a room (or over a barrier). The sound wave can reach 165dB.I would suggest that you type in “arc flash” on Youtube to get some idea of its danger. In order to avoid prosecution under Bill C45, the implications for business include: • Carrying out an arc flash study for the facility. This involves collecting equipment and electrical supply data, carrying out site verification of the data, performing extensive calculations and analyses for various scenarios, and issuing a report. • Training operators, electricians, supervisors, managers, in fact anyone who might be potentially exposed to arc flash conditions- consider the wide ranging scope of C45.





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Designating Qualified Persons- “One who has skills and knowledge related to the construction and operation of electrical equipment and installations and has received safety training on the hazards involved.” Note that this designation can be applied to non-electricians providing that the above conditions are satisfied. Labelling all relevant electrical equipment with approved warning labels. These labels indicate arc flash boundaries, limited approach boundaries, restricted approach boundaries, prohibited approach boundaries, and PPE requirements. Ensuring that the arc flash PPE required by the standard is made available to workers. Ensuring that all electrical workers are using approved, insulated, tools and that all multimeters have fused leads or are otherwise protected. Ensuring that a formal and documented work plan is prepared and followed when working on or near live equipment. Arc flash hazard exposure levels are 0, 1, 2, 3, or 4 (highest hazard). The higher levels require more extensive PPE. The use of specialized PPE for working on or near live equipment may result in decreased worker productivity. Amongst other inconveniences created by the higher hazard levels, bare hand work is effectively prohibited. Modification of existing equipment or distribution systems to reduce hazard level might be considered appropriate to mitigate decreased productivity. This might also be achieved by changing work or production practices. Work that was previously carried out on live equipment might now be considered inadvisable. It will be required for all live work to be done under a Live Work Permit. A live work permit will have to be approved by senior management prior to commencing work. A senior manager may, on reflection in respect of his own responsibility and potential liability, decide that the work should be done with the equipment de-energised.

Note that C45 is in force right now. Even before Z462 is officially issued and adopted by the regulatory authorities, an arc flash incident could still be the subject of a criminal investigation. This article is not intended to present a comprehensive picture of arc flash. It is just a brief overview. Trevor Armstrong, P.Eng. is a consultant with Canada Training Group. Canada Training Group provides training for arc flash safety and other subjects. They also carry out full arc flash studies for a wide range of clients. Canada Training Group’s web site is www.canada-training-group.ca and their telephone number is 1 800 661 1663.

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