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.
 • 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.