NLR 70/09 - Occupational Health and Safety Regulations, 2009 under the Occupational Health and Safety Act

Short title

1. These regulations may be cited as the Occupational Health and Safety Regulations, 2009 .

PART I
GENERAL

Interpretation

2. (1) In these regulations

(a) "accident" includes

(i) an event occasioned by a physical or natural cause, or

(ii) disablement arising out of and in the course of employment;

(b) "ACGIH " means the American Conference of Governmental Industrial Hygienists;

(d) "administrative controls" means the provision, use and scheduling of work activities and resources in the workplace, including planning, organizing, staffing and coordinating, for the purpose of controlling risk;

(e) "ASHRAE " means the American Society of Heating, Refrigeration and Air Conditioning Engineers;

(f) "authorized" means, in reference to a person, a qualified person designated by an employer to carry out specific functions;

(g) "commission" means the Workplace Health, Safety and Compensation Commission established under the Workplace Health, Safety and Compensation Act ;

(h) "competent" means a person who is

(i) qualified because of that person's knowledge, training and experience to do the assigned work in a manner that ensures the health and safety of every person in the workplace, and

(ii) knowledgeable about the provisions of the Act and these regulations that apply to the assigned work, and about potential or actual danger to health or safety associated with the assigned work;

(i) "construction" means building, erection, excavation, alteration, repair, renovation, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and work in connection with it;

(j) " CSA " means the Canadian Standards Association;

(k) "engineering controls" means the physical arrangement, design or alteration of workstations, equipment, materials, production facilities or other aspects of the physical work environment, for the purpose of controlling risk;

(l) "hazardous health occupation" means an occupation from which an occupational disease may arise;

(m) "hot work" means work which involves burning, welding, cutting, grinding, using fire or spark producing tools or other work that produces a source of ignition;

(n) "injury" means

(i) an injury as a result of a chance event occasioned by a physical or natural cause,

(ii) an injury as a result of wilful and intentional act, not being the act of the worker,

(iii) disablement,

(iv) occupational disease, or

(v) death as a result of an injury arising out of and in the course of employment and includes a recurrence of an injury and an aggravation of a pre-existing condition but does not include stress other than stress that is an acute reaction to a sudden and unexpected traumatic event;

(o) "occupation" means an employment, business, calling or pursuit but does not include an endeavour that is not included in one of the classes of occupations in the current National Occupational Classification List developed by the Department of Human Resources and Social Development Canada in collaboration with Statistics Canada;

(p) "occupational disease" means a disease prescribed by regulations under section 90 of the Workplace Health, Safety and Compensation Act and another disease peculiar to or characteristic of a particular industrial process, trade or occupation;

(q) "occupational health service" means a service established in or near a workplace to maintain and promote the physical and mental well-being of workers and may include personnel, equipment, transportation, supplies and facilities;

(r) "plant" means buildings, equipment and facilities where a worker or self-employed person is engaged in an occupation;

(s) "professional engineer" means a person who holds a certificate of registration to engage in the practice of engineering under the Engineers and Geoscientists Act ;

(t) "proof test" means a test applied to a product to determine material or manufacturing defects;

(u) "qualified" means being knowledgeable of the work, the hazards involved and the means to control the hazards, by reason of education, training, experience or a combination of them;

(v) "TLV " means the documentation of threshold limit values for chemical substances and physical agents in the work environment published annually or more frequently by the ACGIH ; and

(w) "work platform" means an elevated or suspended temporary work base for workers.

(2) In these regulations, a reference to a code or guideline, unless otherwise stated, includes amendments to that code or guideline and a reference shall be presumed to be a reference to the most current code or guideline.

(3) Where there is a conflict between a standard established by these regulations or a code or standard adopted by these regulations, the more stringent standard applies.

Application

3. (1) These regulations apply to all employers and self-employed persons and workers and other persons to whom the Act applies except where the context of the regulations indicates otherwise.

(2) Where the workplace is a mine as defined in the Mining Act , in the case of a conflict between these regulations and the Mines Safety of Workers Regulations , these regulations shall apply.

Responsibility of division

4. The division may approve and distribute educational material, information and statistics required in the administration of the Act.

Right to refuse work

5. (1) Where an employer cannot resolve an issue in the workplace regarding occupational health and safety and there is a refusal to work, the issue shall be referred to the occupational health and safety committee, the worker health and safety representative or the workplace health and safety designate, as appropriate, and the employer shall notify the division.

(2) Where a notification under subsection (1) is made orally, the employer shall provide the division with a written confirmation of the notification within 5 days of the oral notification.

(3) Where action has been taken by a worker to exercise the right to refuse to work under the Act, the employer shall not assign a substitute worker to perform those duties unless the substitute worker has been informed of the prior refusal and the reason for that refusal.

Stop work orders

6. (1) Stop work orders shall

(a) be posted in the workplace; and

(b) where applicable, state the remedial action to be taken.

(2) A copy of a stop work order shall be provided by the division to the occupational health and safety committee, the worker health and safety representative or the workplace health and safety designate, as appropriate.

(3) A stop work order shall not be cancelled or removed from the workplace until the remedial action has been taken to the satisfaction of an officer.

Appeal

7. (1) An appeal under section 33 of the Act or an application under section 51 of the Act to the board shall contain

(a) the name and address of the person making the appeal or the application;

(b) the names and addresses of all other parties involved in the appeal or application; and

(2) The board shall

(a) give notice of the appeal or application; and

(b) send one or more copies of the appeal or application

to all parties considered by the board to be affected by the appeal or application.

(3) The parties referred to in subsection (2) shall, within 14 calendar days of receiving a copy of the appeal or application, file a reply with the board.

PART II
NOTICE REQUIREMENTS

New project

8. Before beginning a new construction project or an industrial enterprise that is intended to continue for 30 days or more, an employer shall

(a) send a written notice to the minister containing the name of the plant or construction site, its location, the mailing address to which correspondence should be directed, the nature of the work, the numbers of workers to be employed and the name of the firm under which the business is to be carried on; and

(b) in the case of a plant, provide the minister, upon request, with plans showing the plant buildings and the main disposition of equipment and information relevant to processes and the nature of the substances that may be used.

Notifiable occupational diseases

9. (1) The occupational diseases for which notification is required under section 60 of the Act shall be those set out in the Schedule.

(2) Notwithstanding that it is not a disease referred to in the Schedule, an employer shall inform the minister of a disease or illness affecting a worker in his or her employ that is determined by a medical practitioner to be an occupational or work related disease or illness.

(3) Where an employer is advised by or on behalf of a worker that the worker has an occupational disease or that a claim in respect of an occupational disease has been filed with the Workplace Health, Safety and Compensation Commission by or on behalf of the worker, the employer shall give notice to the division within 3 days of being advised.

Serious injury

10. (1) In this section, "serious injury" includes an injury that

(a) places life in jeopardy;

(b) produces unconsciousness;

(d) involves the fracture of a leg or arm but not a finger or toe;

(e) involves the amputation of a leg, arm, hand, foot, finger or toe;

(f) consists of burns to a major portion of the body; or

(g) causes the loss of sight in an eye.

(2) An employer shall, within 3 days after an accident happens to a worker that results in a serious injury to the worker, provide written notice to the minister advising the minister that an accident has occurred and containing the following information:

(a) the nature of the accident;

(b) the time and placed of the accident;

(d) the name and address of the physician who treated or is treating the worker for the injury.

(3) A fatality shall be reported to the minister immediately by telephone, or by whatever other means of communication that are readily available and that report shall be followed up in writing within 5 days.

(4) For the purpose of subsection (2), a copy of the applicable report of injury form is acceptable.

(5) Where the minister finds that it is impractical to conduct an investigation respecting an accident, the report of the investigation by the employer conducted in consultation with the occupational health and safety committee or the worker health and safety representative or the workplace health and safety designate shall be forwarded to the minister.

(6) Where a medical practitioner requires a worker to be examined to determine

(a) the extent of an injury suffered in the course of his or her occupation; or

(b) whether he or she suffers from an occupational disease,

the medical report of the commission may be accepted.

Notification to utilities

11. An employer whose work activities result in a hit or damage to a pipeline, buried electrical cable, overhead cable or other utility shall notify the owner of the utility without delay.

PART III
GENERAL DUTIES

Occupational health and safety program

12. (1) An occupational health and safety program required under section 36.1 of the Act shall be signed and dated by the employer and by the person or persons responsible for the management of the employer’s operations in the province and shall include:

(a) a statement of the employer’s commitment to cooperate with the occupational health and safety committee and workers in the workplace in carrying out their collective responsibility for occupational health and safety;

(b) a statement of the respective responsibilities of the employer, supervisors, the occupational health and safety committee and workers in carrying out their collective responsibility for occupational health and safety;

(c) procedures to identify the need for, and for the preparation of written safe work procedures to implement health and safety practices, including practices required by the Act and the regulations, or as required by an officer;

(d) written work procedures appropriate to the hazards and work activity in the workplace;

(e) a plan for orienting and training workers and supervisors in workplace and job-specific safe work practices, plans, policies and procedures, including emergency response, that are necessary to eliminate, reduce or control hazards;

(f) provisions for establishing and operating an occupational health and safety committee, including provisions respecting

(i ) maintenance of membership records,

(ii) procedural rules,

(iii) access by the committee to management staff with the authority to resolve health and safety issues and to information about the employer’s operations required under the Act and the regulations, and

(iv) a plan for training committee members as required under the Act;

(g) a system for the recognition, evaluation and control of hazards that includes:

(i ) evaluation and monitoring of the workplace to identify potential hazards and the associated risks,

(ii) procedures and schedules for regular inspections by management and committee members,

(iii) procedures for the identification, reporting and control or correction of hazards,

(iv) procedures for the prompt investigation of hazardous occurrences to determine the cause of the occurrence and the actions necessary to prevent a recurrence,

(v) identification of the circumstances where the employer is required to report hazards to the committee and the procedures for doing so, and

(vi) measures for the accountability of persons responsible for the reporting and correction of hazards;

(h) a plan for the control of biological and chemical substances handled, used, stored, produced or disposed of at the workplace and where appropriate, the monitoring of the work environment to ensure the health and safety of workers and other persons at or near the workplace;

(i ) a system to ensure that persons contracted by the employer or for the employer’s benefit comply with the program developed under this section and the Act and regulations;

(j) an emergency response plan;

(k) maintenance of records and statistics, including occupational health and safety committee minutes, reports of occupational health and safety inspections and investigations, with procedures to allow access to them by persons entitled to receive them under the Act; and

(l) provision for monitoring the implementation and effectiveness of the program.

(2) An employer that is required to establish and maintain an occupational health and safety program under section 36.1 of the Act shall

(a) implement the occupational health and safety program; and

(b) review and, where necessary, revise the occupational health and safety program as follows:

(i ) at least every 3 years,

(ii) where there is a change of circumstances that may affect the health and safety of workers, and

(iii) where an officer requests a review.

Occupational health and safety policy

13. (1) An occupational health and safety policy required under section 36.2 of the Act shall be signed and dated by the employer and by the person or persons responsible for the management of the employer’s operations in the province, and shall contain a statement of the employer’s commitment to occupational health and safety that includes:

(a) a statement of the employer’s commitment to cooperate with the worker health and safety representative or the workplace health and safety designate and workers in the workplace in carrying out their collective responsibility for occupational health and safety; and

(b) a statement of the respective responsibilities of the employer, supervisors, the worker health and safety representative or the workplace health and safety designate and other workers in carrying out their collective responsibility for occupational health and safety.

(2) An employer that is required to establish and maintain an occupational health and safety policy under section 36.2 of the Act shall review and, where necessary, update the policy at least annually, in consultation with the worker health and safety representative or the workplace health and safety designate.

General duties of employers

14. (1) An employer shall ensure, so far as is reasonably practicable, that all buildings, structures, whether permanent or temporary, excavation, machinery, workstations, places of employment and equipment are capable of withstanding the stresses likely to be imposed upon them and of safely performing the functions for which they are used or intended.

(2) An employer shall ensure that necessary protective clothing and devices are used for the health and safety of his or her workers.

(3) The employer shall ensure that safe work procedures are followed at all workplaces.

(4) An employer shall ensure, so far as is reasonably practicable, that work procedures promote the safe interaction of workers and their work environment to minimize the potential for injury.

Working alone

15. (1) In this section, "to work alone or in isolation" means to work in circumstances where assistance would not be readily available to the worker

(a) in case of an emergency; or

(b) in case the worker is injured or in ill health.

(2) An employer shall conduct a risk assessment where a worker is assigned to work alone or in isolation;

(3) Where a risk assessment required under subsection (2) identifies a hazard, appropriate controls shall be implemented to eliminate, or where elimination is not practicable, minimize the risk associated with the hazard;

(4) An employer shall develop and implement a written procedure for checking the well-being of a worker assigned to work alone or in isolation;

(5) A procedure referred to in subsection (4) shall include the time interval between checks and the procedure to follow in case the worker cannot be contacted, including provisions for emergency response;

(6) A person shall be designated to establish contact with the worker at predetermined intervals and the results shall be recorded by the person;

(7) A procedure referred to in subsection (4) shall be developed in consultation with the worker assigned to work alone or in isolation, the occupational health and safety committee, the worker health and safety representative or designate, whichever applies;

(8) A procedure referred to in subsection (4) shall be reviewed at least annually, or more frequently if there is

(a) a change in work arrangements that may adversely affect a worker's well-being or safety; or

(b) a report that procedures are not working effectively.

Safe working load of equipment

16. (1) Except as provided elsewhere in these regulations, the safe working load of equipment shall be that specified by the manufacturer.

(2) The safe working load of equipment shall be certified by a suitably qualified and registered professional engineer or other person named by the employer and acceptable to the assistant deputy minister where

(a) the manufacturer’s specification or other acceptable warranty cannot be produced;

(b) the equipment has been modified in a manner that changes its safe working load;

(d) the equipment is used in a manner or for a purpose other than that for which it was originally designed, where that use changes the safe working load; or

(e) the provision of the certification is considered to be necessary by an officer.

General duties of workers

17. (1) A worker shall make proper use of all necessary safeguards, protective clothing, safety devices, lifting devices or aids, and appliances

(a) designated and provided for his or her protection by the employer; or

(b) required under these regulations to be used or worn by a worker.

(2) A worker shall follow the safe work procedure in which he or she has been instructed.

(3) A worker shall immediately report a hazardous work condition that may come to his or her attention to the employer or supervisor.

Safety inspections

18. (1) Regular inspections of all buildings, excavations, structures, machinery, equipment, work practices and places of employment shall be made by the employer or his or her representative at intervals to ensure that safe working conditions are maintained and that unsafe conditions found as a result of the inspection are remedied without delay.

(2) Where an unsafe condition is discovered by a person, it shall be reported as soon as practicable to a supervisor who shall ensure that appropriate action is taken, without delay, to prevent a worker from being injured.

(3) Where emergency action is required to correct a condition that constitutes an immediate threat to workers, only those qualified and properly instructed workers necessary to correct the unsafe condition shall be exposed to the hazard and every possible effort shall be made to control the hazard while the corrective action is taking place.

Co-ordination of work

19. (1) An owner shall ensure that all workers and other persons at the workplace are informed of

(a) the hazards of an owner's operations or site conditions; and

(b) the health and safety activities to be used to address the hazards.

(2) A principal contractor shall ensure work schedules and tasks are organized to provide safe working conditions for workers.

Two or more employers

20. Where a construction project involves the work of 2 or more employers or their workers,

(a) the principal contractor shall ensure compliance with the regulations where conditions or activities affect the workers of more than one employer; and

(b) each employer shall notify the principal contractor in advance of an undertaking likely to create a hazard for a worker of another employer.

Appointment of qualified co-ordinator

21. Where, at a work location, the overlapping or adjoining work activities of 2 or more employers create a hazard to workers and the combined work force at the workplace is more than 5 persons, the principal contractor shall

(a) ensure that an individual is designated at the work location to coordinate communication for the purpose of ensuring health and safety on the worksite; and

(b) where the principal contractor is not at the work location the principal contractor shall designate a person to assume the duty.

Violence prevention

22. (1) In this section and sections 23 and 24 , "violence" means the attempted or actual exercise by a person, other than a worker, of physical force to cause injury to a worker, and includes threatening statements or behaviour which gives a worker reason to believe that he or she is at a risk of injury.

(2) An employer risk assessment shall be performed in a workplace in which a risk of injury to workers from violence arising out of their employment may be present.

(3) The risk assessment shall include the consideration of

(a) previous experience in the workplace;

(b) occupational experience in similar workplaces; and

Procedures and policies

23. Where a risk of injury to workers from violence is identified by an assessment performed under section 22 the employer shall

(a) establish procedures, policies and work environment arrangements to eliminate the risk to workers from violence; and

(b) where elimination of the risk to workers is not possible, establish procedures, policies and work environment arrangements to minimize the risk to workers.

Instruction to workers

24. (1) An employer shall inform workers who may be exposed to the risk of violence of the nature of the risk and the precautions that may be taken.

(2) The duty to inform workers in subsection (1) includes a duty to provide information related to the risk of violence from persons who have a history of violent behaviour and whom workers are likely to encounter in the course of their work.

PART IV
OCCUPATIONAL HEALTH AND SAFETY COMMITTEES, REPRESENTATIVES AND DESIGNATES

Operations of committees, representatives and designates

25. (1) An employer shall ensure that

(a) an occupational health and safety committee is established;

(b) a worker health and safety representative is appointed; or

(d) a copy of the Act and regulations under the Act are easily accessible to an employee.

(2) Minutes of all regular meetings and special committee meetings shall be recorded in the form prescribed by the commission and one copy shall be kept on file with the committee, one copy shall be filed with the commission and one copy shall be posted in a prominent place in the workplace.

(3) A worker health and safety representative or a workplace health and safety designate shall report to the commission in the form required by the commission.

(4) An occupational health and safety committee shall

(a) meet within 2 weeks of its establishment;

(b) elect co-chairpersons as required by subsection 38(6) of the Act; and

(5) A quorum of the committee shall consist of one-half of its membership, provided that both employer and worker members are equally represented.

(6) Where an agreement cannot be reached between co-chairpersons on convening a meeting of the committee, the minister may be requested to intervene.

(7) The minister may require that a committee have monthly meetings where a particular hazard is involved, the operations are particularly complex or large numbers of workers are involved.

(8) A representative of the employer and

(a) the workers of an occupational health and safety committee;

(b) the worker health and safety representative; or

have the right to accompany an officer of the division when the health and safety inspections are being conducted.

(9) Copies of all health and safety inspection reports made by an officer of the division, shall be circulated by the employer to

(a) the occupational health and safety committee;

(b) the worker health and safety representative; or

PART V
GENERAL HEALTH AND SAFETY REQUIREMENTS

Personal conduct

26. (1) A worker with a medically documented physical or mental impairment shall not be assigned to work where those impairments endanger the health and safety of that worker or other workers.

(2) An employer, supervisor or worker shall not enter or remain on the premises of a workplace or at a job site while his or her ability to perform work responsibilities is impaired by intoxicating substances or another cause that endangers his or her health or safety or that of other workers.

(3) A person shall not engage in horseplay, scuffling, unnecessary running or jumping, practical jokes or other similar activity or behaviour that may create or constitute a hazard to workers.

(4) Before tools, machinery or equipment is put into operation, the person responsible for doing so shall ensure that all guards are in place and that putting the equipment into operation does not endanger a person.

Travel over and work on ice

27. (1) Where a worker is to travel over or work on ice and the water beneath the ice is more than one metre deep at any point, the employer of the worker shall ensure the ice supports the load to be placed on it.

(2) The employer shall test the ice for the purpose of subsection (1)

(a) before work begins; and

(b) as often during the work as necessary to ensure the safety of the workers.

Guardrails

28. (1) Guardrails shall be installed where an open-sided floor, working platform, runway, walkway or balcony is over 1.22 metres above the existing floor or ground level.

(2) Detour guardrails shall be installed where a stairway ends in direct proximity to dangerous traffic or other hazards.

(3) An employer shall ensure that a guardrail is secured so that it cannot move in any direction if it is struck or if a point on it comes in contact with a worker, materials or equipment.

(4) Guardrails shall be installed on walkways over open tanks containing harmful substances or over open tanks 1.22 metres or more in depth.

(5) Walkways and platforms installed over machinery and work areas shall be equipped with toe boards at least 10 centimetres high along all sides of the walkway or platform.

(6) A guard rail shall have a top rail located at least .9 metres but not more than 1.1 metres above the working surface and an intermediate rail located midway between the top rail and the working surface.

Roof work

29. (1) Where work is being done at a distance greater than 2 metres from the edge of a roof that has a slope of less than 3/12, the employer shall implement control zones to alert workers upon entering within 2 metres of the edge without an appropriate means of fall protection.

(2) Where work is being done from the edge of a roof or within 2 metres of the edge of a roof that has a slope of less than 3/12 in circumstances described in paragraph 141 (a), (b) or (c), fall protection shall be used, in accordance with paragraph 141 (d), (e), (f), (g), or (h).

(3) Where work is being done from or on a roof that has a slope that is equal to or greater than 3/12 but less than 6/12, under circumstances described in paragraph 141 (a), (b) or (c)

(a) a fully decked scaffold with toeboards installed continuously along the edge of the roof,

(b) roof brackets, guardrails and toeboards installed continuously along the edge of the roof, or

shall be implemented.

(4) Where work is being done from a roof that has a slope that is equal to or greater than 6/12 but less than 9/12, under circumstances described in paragraph 141 (a), (b) or (c), a combination of 2 of the following shall be implemented:

(a) roof brackets,

(b) a fully decked scaffold with toeboards installed continuously along the length of the eave, and

(5) Where work is done from or on a roof that has a slope equal to or greater than 9/12, under circumstances described in paragraph 141 (a), (b) or (c), roof brackets with planks and a fall arrest system shall be used in accordance with these regulations.

(6) Crawl boards and ladders used for roof work shall be securely fastened over the ridge of the roof or be otherwise effectively anchored.

(7) An eavestrough shall not be used to support a crawl board or ladder on a roof.

Openings, pits and tanks

30. (1) Where a worker is employed around an open tank containing liquid or a harmful substance, the sides of the tanks shall be constructed to extend at least 91.44 centimetres above a working platform or standard guardrails shall be provided to prevent the worker from falling into the tank.

(2) A hole or pit in a floor, roof, walkway or work area accessible to a worker shall be securely covered and identified.

(3) Where a vehicle service pit is used so frequently that compliance with this section is impractical, the perimeter of the pit shall be delineated by high visibility, luminescent, skid-resistant paint instead of guardrails.

(4) A vehicle service pit shall have a fixed ladder at each end.

Material storage

31. (1) Material and equipment shall be placed, stacked or stored in a stable and secure manner that does not constitute a hazard to a worker who is in the area or who is manually stacking the items.

(2) Stacked material or containers shall be stabilized where necessary by interlocking, strapping or other effective means of restraint.

(3) A worker shall not enter or remain in a place where there is a danger of entrapment or engulfment unless

(a) safe access and a safe work area is provided by catwalks, walkways, barriers or other means; or

(b) measures are taken, where practicable, to control the risk of entrapment or engulfment and, where the risk is not eliminated, the worker

(i ) shall use a lifeline and harness prescribed in Part X that keeps the worker in a position to be able to be rescued, and

(ii) is continuously tended by a standby person who is equipped for and capable of effecting immediate rescue.

(4) An area in which material may be dropped, dumped or spilled shall be guarded to prevent inadvertent entry by a worker, or protected by adequate covers and guarding.

Signage

32. Signs posted in a workplace for the purpose of providing information about health and safety shall conform with the requirement of a standard acceptable to the minister.

Overcrowding

33. An employer shall, to the extent reasonably practical, ensure that a workplace or an area in that workplace is not so overcrowded as to cause risk of injury to the health or safety of a worker.

Slipping hazards

34. (1) Where the regular work process results in liquid spilling on to the floor or work areas, and where this spillage could introduce a slipping or other hazard, floor drains shall be installed or other suitable means used or adopted to eliminate this hazard.

(2) Only an approved non-combustible grease and oil absorbent shall be used to eliminate a hazard referred to in subsection (1).

(3) Where wet processes are used, an employer or contractor shall ensure that reasonable drainage is maintained and that false floors, platforms, mats or other dry standing places are provided and kept clean.

Barriers

35. Where a worker may be exposed to flying fragments or particles, he or she shall be protected by an appropriate barrier or wear appropriate personal protection equipment.

Illumination

36. (1) An employer shall provide sufficient and suitable lighting, whether natural or artificial, in every part of a workplace while a worker is present and the illumination shall comply with the standards set by the American National Standards Institute - Illuminating Engineering Society, or other standards acceptable to the minister.

(2) An artificial light source or reflective surface shall be positioned, screened or provided with a shade to prevent glare or discomfort or the formation of shadows that cause eyestrain or a risk of accident or injury to workers.

(3) Where the visibility in a work area is restricted due to the presence of smoke, steam or other substances in the atmosphere, and where this condition may result in injury to workers, corrective measures shall be taken to eliminate, control or reduce the hazard.

(4) Handling, storage and disposal of fluorescent bulbs shall be in accordance to manufacturers' instructions.

(5) Fluorescent bulbs shall be stored in suitable containers.

(6) Where fluorescent bulbs are disposed of by crushing or compacting, it shall be done in an area adequately ventilated to protect the health and safety of the worker and the worker shall be provided with and use appropriate protective equipment.

Compressed air

37. Compressed air shall not be used to clean clothes, machinery, work benches or floors.

Emergency plan risk assessment

38. (1) An employer shall conduct a risk assessment in a workplace in which a need to rescue or evacuate workers may arise.

(2) Where the risk assessment required by subsection (1) shows a need for evacuation or rescue, appropriate written procedures shall be developed and implemented and a worker assigned to coordinate their implementation.

(3) Written rescue and evacuation procedures are required for but not limited to

(a) work at high angles;

(b) work in confined spaces or where there is a risk of entrapment;

(d) underground work;

(e) work in close proximity to power lines;

(f) work on or over water; and

(g) workplaces where there are persons who require physical assistance to be moved.

(4) Where a workplace is a low risk workplace in the opinion of an employer, the employer shall post information about escape routes and conduct emergency drills he or she considers appropriate.

Emergency procedures

39. (1) An emergency exit route shall be provided from a work area in which the malfunctioning of equipment or a work process could create an immediate danger to a worker and the regular means of exit could become dangerous or unusable.

(2) An emergency exit route shall be designed and marked to provide quick and unimpeded exit.

(3) At least once a year an emergency drill shall be held to ensure awareness and effectiveness of the emergency exit routes and procedure, and a record of the drill shall be kept for a period of 5 years.

Emergency lighting

40. (1) Where a failure of a lighting system would create conditions dangerous to the health and safety of workers, an emergency lighting system shall be provided for the workplace and the exit routes.

(2) An emergency lighting system shall provide dependable illumination while the primary lighting system is off to enable all emergency measures to be carried out, including

(a) emergency shutdown procedures, and

(b) evacuation of workers from the premises.

Emergency training

41. (1) A worker shall be given adequate instruction in the fire prevention and emergency evacuation procedures applicable to his or her workplace.

(2) A worker assigned to firefighting duties in a workplace shall be given adequate training by a qualified instructor in fire suppression methods, fire prevention, emergency procedures, organization and chain of command, firefighting crew safety and communications applicable to the workplace in accordance with National Fire Protection Association standards.

(3) Retraining for firefighting duties shall be provided periodically, but not less than once a year.

PART VI
OCCUPATIONAL HEALTH REQUIREMENTS

Hazardous substances

42. (1) An employer shall monitor the use or presence of substances at the workplace that may be hazardous to the health and safety of workers.

(2) In accordance with subsection (1), an employer shall implement a chemical and biological control program commensurate with the associated risks.

(3) In accordance with subsection (1), an employer shall eliminate hazardous substances from the workplace and where this is not practicable substitute a less hazardous substance.

(4) Where hazardous substances exist, an employer shall employ engineering and administrative controls to ensure their safe use.

(5) An employer shall ensure that a substance produced, used or handled at a workplace which by reason of toxicity, flammability or reactivity creates a risk to the health or safety of workers is controlled in accordance with the Material Safety Data Sheet or manufacturer's specifications.

(6) Where the minister determines that the use or presence of a hazardous substance at a place of employment may be injurious to the health of workers, the minister may inquire into the substance and may prohibit, restrict or modify the use of the substance until a time that an employer establishes to the minister that its use or presence is not injurious to the health of workers.

(7) An employer shall ensure that

(a) atmospheric contamination of the workplace by hazardous substances is kept as low as is reasonably practicable;

(b) a worker is informed of the nature and degree of health effects of the hazardous substances to which the worker is exposed;

(c) exposure of a worker to hazardous substances is as minimal as is reasonably practicable, and where a threshold limit value has been established by the ACGIH , exposure shall not exceed the threshold limit value;

(d) except as otherwise determined by the division, a worker is not exposed to a substance that exceeds the ceiling limit, short-term exposure limit or 8-hour TWA (time weighted average) limit prescribed by ACGIH ; and

(e) where a substance referred to in paragraph (d) has an 8-hour TWA limit, a worker's exposure to the substance does not exceed

(i ) 3 times the 8-hour TWA limit for more than a total of 30 minutes during the work period, and

(ii) 5 times the 8-hour TWA limit.

(8) Where extended work periods exist where the work period is more than 8 hours in a 24 hour day, the 8 hour exposure shall be adjusted accordingly as outlined in the ACGIH "Threshold Limit Values (TLVs )" Manual.

(9) Adjustment of TLVs , as required, shall be done in consultation with the occupational health and safety committee, the worker health and safety representative or the workplace health and safety designate, as appropriate.

(10) Where a worker is exposed to a substance which is designated as a reproductive toxin or a sensitizer, an employer shall develop policy and procedures appropriate to the risk, which may include protective reassignment.

(11) Where workers may be exposed to contact with chemicals harmful to the skin, facilities shall be available for the worker to effectively cleanse the contaminated body areas, including, where corrosive chemicals are involved, emergency water baths, showers, jump tanks, eyewash facilities or other effective means of treatment.

(12) The policy and procedures required by subsection (10) shall include

(a) informing workers about the reproductive toxin and identifying ways to minimize exposure to the toxin for a worker who has advised the employer of pregnancy or intent to conceive a child; and

(b) identifying ways to eliminate exposure to a sensitizer for a worker who is or may become sensitized to that substance.

(13) Solvents, oils, greases, paints or other flammable substances shall be cleaned up by using an approved non-combustible grease and oil absorbent which shall be placed in covered metal containers before disposal.

(14) Containers referred to in subsection (13) shall not be stored in work areas.

Health surveillance

43. (1) In accordance with subsection 42 (2), an employer shall assess the need for and extent of health surveillance of his or her workers.

(2) Based on the results of the assessment under subsection (1), an employer shall establish and maintain a program for the surveillance of the health of workers, which shall be in accordance with the following guidelines

(a) the International Code of Ethics for Occupational Health Professionals; and

(b) the International Labour Organization’s Technical and Ethical Guidelines for Health Surveillance.

(3) In addition, to subsections (1) and (2), the minister may

(a) designate a workplace or class of workplaces as requiring an occupational health surveillance program; or

(b) make requirements for modifications to an occupational health surveillance program.

(4) An employer shall ensure that an occupational health surveillance program in a workplace is communicated to employees of that workplace.

(5) The minister may require a worker to undergo a medical examination as part of a health surveillance program where it may be necessary for the prevention of occupational disease.

(6) A medical examination shall be performed during normal working hours without loss of pay to workers.

(7) Where the minister has been advised by a physician that a worker has been adversely affected by a hazardous substance in the workplace and requires temporary removal or workplace accommodation from that workplace or hazard, the minister may require the employer to provide without loss of pay to the worker temporary alternative work for the time period required.

(8) An employer shall keep records of a health surveillance program for a period of time specified by the minister, and these records shall be made available to

(a) an employee who requests information pertaining to his or her health surveillance records; and

(b) where a physician is no longer able to keep medical records pertaining to an occupational exposure, the minister shall be notified in advance to make alternate arrangements that are in accordance with the guidelines of the College of Physicians and Surgeons of Newfoundland and Labrador regarding the retention and storage of medical records.

Thermal environment

44. (1) An employer shall ensure that a thermal environment which is reasonable and consistent with the nature and degree of the work performed, as established by the ACGIH , is provided and maintained in a workplace.

(2) An employer shall provide appropriate and suitable monitoring equipment in a workplace where the thermal environment is likely to pose a hazard to a worker.

(3) Under unusually hot or cold working conditions an employer shall make further provision for the health and safety and reasonable thermal comfort of a worker, which may include:

(a) regular monitoring, posting of warning devices and additional first aid measures;

(b) provision of special equipment and clothing;

(d) medical supervision, hot or cold drinks and acclimatization procedures;

(e) limited work schedules with rest periods; and

(f) other appropriate controls and measures.

(4) In a workplace, an open flame, steampipe or other high temperature source shall be identified at the source and positioned or shielded to prevent contact by a worker, unless the exposed source is necessary for work processes and cannot be appropriately controlled by engineering means.

(5) Where a source referred to in subsection (4) is necessarily exposed, a worker shall wear appropriate personal protective equipment.

Ventilation

45. (1) An employer shall ensure that

(a) there is appropriate circulation of clean and wholesome air;

(b) there is adequate ventilation; and

in a workplace in accordance with standards established by ASHRAE and ACGIH .

(2) Where a work or process gives off dust, fumes, vapour, mist or other impurity of a kind and quantity liable to be injurious or offensive to a worker, an employer shall provide, maintain and ensure the proper use of a ventilation system sufficient to protect the worker against inhalation of impurities and to prevent impurities accumulating in the work space.

(3) Where practicable, local exhaust ventilation shall be installed and maintained near to the point of origin of an impurity to prevent it entering the air of the workplace and the breathing zone of its workers.

(4) Impurities removed under subsections (2) and (3) shall be exhausted clear of a workplace and prevented from entering a workplace.

(5) An employer shall ensure that,

(a) all parts of a ventilation system are maintained;

(b) louvers are cleaned regularly; and

(6) Where possible, exhaust from an internal combustion engine operated indoors shall be vented to the outdoors.

(7) Where mobile equipment powered by an internal combustion engine is operated indoors or in an enclosed work area

(a) the engine shall be adequately serviced and maintained to minimize the concentration of air contaminants in the exhaust to the applicable ACGIH Standards, and

(b) the work area shall be assessed to determine the potential for exposure of workers to harmful levels of exhaust components.

(8) Where a worker is or may be exposed to an exhaust gas component in concentrations exceeding the applicable exposure limits, exhaust gas scrubbers, catalytic converters, or other engineering controls shall be installed.

(9) An employer, contractor or owner shall ensure that

(a) the mechanical ventilation system

(i ) including humidification equipment, is constructed and maintained to minimize the growth and dissemination of micro-organisms, insects and mites through the ventilation system, and

(ii) where reasonably practicable, is readily accessible for cleaning and inspection;

(b) a qualified person inspects and maintains all parts of a mechanical ventilation system, cleans all louvers and replaces or adequately cleans all filters at a frequency that is sufficient to protect the health and safety of workers;

(i ) completed by a qualified person who performs the work, and

(ii) readily available for examination by the occupational health and safety committee, or worker representative or designate or, where there is no committee, representative or designate, by the workers and the occupational health and safety officer;

(d) when mechanical ventilation is required, the ventilating fans are located to prevent recirculation of contaminated air; and

(e) measurements of the air volume of the mechanical ventilation system are taken at suitable intervals to ensure compliance with the minimum air volume requirements in accordance with standards established by ASHRAE , ACGIH or other applicable standard approved by the minister.

(10) An employer shall ensure that, wherever possible, a less hazardous substance or work process is used in preference to a more hazardous substance or process.

(11) A ventilation system used to control airborne contaminants shall have electrical and mechanical systems designed to control all potential ignition sources and meet the requirements of the Canadian Electrical Code.

Silica regulation

46. (1) In this section

(a) "blasting" means the cleaning, smoothing, roughening or removing of part of the surface of an article by the use as an abrasive of a jet of sand, metal shot or grit or other material propelled by compressed air or steam or by a wheel;

(b) "blasting chamber" means a blasting enclosure into which workers enter;

(c) "blasting enclosure" means a chamber, barrel, cabinet or other similar enclosure designed for the purpose of blasting in it;

(d) "cleaning of castings" means, where done as an incidental or supplemental process in connection with the making of metal castings, the freeing of the castings from adherent sand or other substance, and includes the removal of cores and the general smoothing of the castings where the freeing is done, but does not include the freeing of castings from scale formed during annealing or heat treatment;

(e) "sandblasting" means the process of projecting sand by means of compressed air or steam or by a wheel;

(f) "silica dust" means dust of respirable particle size and composed substantially of uncombined silica (Silicon Dioxide S_i O₂ );

(g) "silica flour" means the ground material produced by the milling of siliceous rocks or other siliceous substances, including diatomite (Kieselguhr , diatomaceous earth);

(h) "uncombined silica" means silica which is not combined chemically with another element or compound; and

(i ) "use of a parting material" means the application of a material to a surface of a pattern or of a mould to facilitate the separation of the pattern from a mould or the separation of parts of the mould.

(2) The provisions of this section apply wherever workers are employed in a silica process, including

(a) sandblasting;

(b) the cleaning of castings;

(c) the blasting, fettling, grinding or dressing of a surface containing silica, including the engraving or abrasive cleaning of gravestones, buildings or structures of siliceous stones or rocks;

(d) a process in which silica flour is used;

(e) the manufacture of silica-containing refractory bricks or silica-containing substances and the dismantling or repair of the refractory lining of furnaces;

(f) a process which the chief occupational medical officer has reason to believe creates a risk to the health of workers by silica dust; and

(g) a process that includes the getting, cutting, splitting, crushing, grinding, milling, drilling, sieving, or other mechanical manipulation of gravel or siliceous stone or rock where there is potential for exceeding 1% free silica or 50% of TLV .

(3) An employer shall ensure that at every silica process except sandblasting to which subsection (12) applies, the entry into the air of silica dust is prevented where reasonably practicable by the provision of

(a) total or partial enclosure of the process;

(b) efficient local exhaust ventilation;

(d) another method considered suitable by the assistant deputy minister.

(4) An employer shall ensure that

(a) enclosure apparatus and exhaust ventilation equipment used or likely to be used to contain silica dust is maintained and is inspected at least once in every 7 days and is certified by a competent person at least once in every calendar year; and

(b) effective means is provided to collect silica dust removed by exhaust ventilation equipment and to prevent its re-entry into a workroom, and every filtering or settling device situated in a workroom is completely separated from the general air of that workroom in an enclosure ventilated to the open air.

(5) Where it is not reasonably practicable to prevent the entry into the air of silica dust, the employer shall provide for the isolation of the worker from the air containing silica dust.

(6) Where it is not reasonably practicable to prevent the entry into the air of silica dust nor practicable to isolate the worker from the air containing silica dust, and for all cleaning and maintenance work, the employer shall provide for the use of each worker who may be exposed to silica dust

(a) approved respiratory protective equipment; and

(b) protective clothing, including coveralls and headgear, that, when worn, exclude silica dust and that is maintained and cleaned in a safe manner.

(7) A worker shall not be required to perform work for which respiratory protective equipment and clothing is provided unless fully instructed in the need for and proper use of that equipment and clothing.

(8) An employer shall ensure that all places where silica dust may accumulate are regularly cleaned using vacuum methods wherever practicable.

(9) An employer shall ensure that the standard for dust levels does not exceed the threshold limit value (TLV ) established by the ACGIH .

(10) A worker who in the course of his or her employment is likely to be engaged in a silica process shall be warned by the employer of the danger to his or her health of inhaling silica dust and that the risk of injury is made greater by smoking.

(11) Persons under the age of 18 shall not be employed in a silica process nor in cleaning or maintenance work likely to involve exposure to silica dust except work that is a recognized part of apprenticeship or comparable course of training.

(12) An employer shall ensure that

(a) sandblasting is not done outside a blasting enclosure to an article which it is practicable to introduce into a blasting enclosure;

(b) sand or other substance containing more than 1% by weight of respirable dust is not introduced into a blasting enclosure;

(c) sandblasting is not done except with the written permission of the officer and in accordance with the conditions and to the extent that he or she may prescribe; and

(d) sandblasting is not done underground,

and sandblasting shall not be undertaken nor performed by an employer, worker or self-employed person other than those registered for that purpose with the division.

(13) An employer shall ensure where practicable that castings, gravestones and other articles which are liable to give rise to silica dust by blasting are not blasted except in a blasting enclosure, and that work is not performed in a blasting enclosure except blasting and work immediately incidental to that and the cleaning and repairing of the enclosure and of plant and appliances situated in that enclosure.

(14) An employer shall ensure that every blasting enclosure which is liable to contain silica dust is

(a) constructed, operated and maintained to prevent the escape of dust;

(b) provided with an efficient dust extraction system, which is kept in continuous operation whenever the blasting enclosure is in use whether or not blasting is actually taking place, and a blasting chamber is in operation when a worker is inside the chamber;

(c) specially inspected by a competent person once in every week in which it is used for blasting, and the enclosure, the apparatus connected with it and the ventilating plant associated with it is thoroughly examined and tested by a competent person once every month, and all results of required inspection, examinations and tests are recorded and all defects remedied without avoidable delay; and

(d) provided with efficient apparatus for separating where practicable the abrasive from other dust, and the abrasive is not again introduced into the blasting apparatus until it has been separated.

(15) An employer shall provide and maintain for workers who work in a blasting chamber, whether in blasting or other work, protective blasters' helmets supplied with clean and not unreasonably cold air of not less than 6 cubic feet a minute, and the helmets shall be used by workers whenever they are in the blasting chamber.

(16) Suitable gauntlets and coveralls shall be provided for the use of, and shall be worn by, all workers while performing blasting or assisting at blasting, and suitable provision shall be made for the storage, regular cleaning by vacuum and maintenance in good condition of the gauntlets and coveralls.

(17) When a worker is engaged in the cleaning of a blasting apparatus or enclosure, ventilating or separating plant, or the surrounds, all practical measures shall be taken to prevent the inhalation of silica dust or its dissemination into the air and all the cleaning shall be by vacuum or hosing by water whenever practicable.

(18) An employer shall ensure that silica flour

(a) is not manufactured except under standards prescribed by the division;

(b) is not used for a purpose for which a less hazardous substance may be substituted; and

(19) The examining physician shall record in the log the date and nature of the certificate he or she issues to each worker he or she has medically examined.

Silica medical surveillance

47. (1) An employer shall establish and maintain a system for the surveillance of the health of his or her employees arising from silica dust exposure in accordance with the silica health surveillance guidance document prescribed by the minister.

(2) An employee who requires silica related health surveillance is one who:

(a) works in an industry where he or she is potentially affected by a silica process as defined in this subsection 46 (2);

(b) is potentially exposed to silica levels in excess of the ACGIH TLV - TWA ; and

(c) has been determined, through the company’s silica control program, to require silica health surveillance as prescribed in the general health surveillance section.

(3) An employer shall not regularly employ a worker in a silica process unless the employer has been assured by a medical practitioner by a written notification that the worker is medically fit for the work being undertaken.

(4) An employer shall keep at the place of employment to be readily available to an officer a log recording the name of every worker referred for medical examination.

(5) The initial health assessment shall be carried out under the direction of a physician and shall include

(a) an occupational history;

(b) a respiratory questionnaire;

(d) a chest x-ray (Full size PA view); and

(e) a medical history and physical examination emphasizing the respiratory system.

(6) A periodic health assessment shall comply with the following requirements:

(a) the frequency of chest x-rays shall be in accordance with the silica health surveillance document;

(b) the medical examination emphasizing the respiratory system shall be repeated annually unless prescribed otherwise by the physician; and

(c) the pulmonary /lung functions tests including FEV1, FVC , and DLCO standardized for alveolar volume shall be repeated annually unless prescribed otherwise by the physician.

(7) Where an employee is undergoing health surveillance for silica, the physician shall ensure, as soon as practicable, that

(a) the employee is notified of the results, together with a necessary explanation of these results;

(b) the employer is notified of the general outcome of a worker’s health surveillance and is advised on the need for remedial actions; and

(c) the minister is notified of a prescribed adverse health effect that had been detected which is consistent with exposure to silica.

(8) Where an employer has been advised by the physician on the need for remedial action, the employer shall, as soon as practicable, re-evaluate the assessment of the employee’s exposure to silica and implement the control measures required.

(9) An employer shall ensure employees are informed of the purpose and procedures for health surveillance and make arrangements for employees to participate in the health surveillance program.

Asbestos

48. (1) When work or manufacturing processes cause or are likely to cause workers to be exposed to asbestos, or dusts containing asbestos, means shall be provided to control asbestos dust from exceeding the threshold limit value established by the ACGIH or lower where practically attainable.

(2) Dust arising from the cutting and shaping of block and pipe insulation materials, whether by power saws or hand saws, shall be controlled by adequate local exhaust ventilation with the discharged air passed through an effective filter.

(3) Where mortar containing asbestos is mixed, dust concentrations shall be controlled by adequate local exhaust ventilation with discharged air passed through an effective filter or other effective means.

(4) Where work is being done with asbestos containing materials, dust concentrations shall be controlled through adequate local exhaust ventilation with discharged air passed through an effective filter or other effective means.

Lead exposure control plan

49. (1) An employer shall develop an exposure control plan for lead where

(a) a worker at a work site may be exposed to airborne lead in excess of its occupational exposure limit for more than 30 days in a year; or

(b) a worker’s exposure to lead at a work site could result in an elevated body burden of lead through a route of entry.

(2) The exposure control plan shall include

(a) a statement of purpose and the responsibilities of individuals;

(b) methods of hazard identification, assessment and control;

(d) safe work practices as required;

(e) descriptions of personal and work site hygiene practices and decontamination practices;

(f) processes of health monitoring, including biological testing;

(g) methods of documentation and record keeping; and

(h) procedures for maintenance of the plan, including annual reviews and updating.

(3) A worker shall follow the exposure control plan and practice the personal and work site hygiene practice established by the employer to minimize lead exposure at the work site.

(4) Where there is potential for a worker to be exposed to lead in harmful amounts at a work site, an employer shall ensure that air monitoring and surface testing for lead is regularly conducted to confirm that the controls in place are effective.

(5) Where a worker at a work site could reasonably be expected to have an elevated body burden of lead, an employer shall establish a system for the surveillance of the health of their employees arising from lead exposure in accordance with the lead health surveillance guidance document as prescribed by the minister.

(6) An employer shall ensure that a worker who has been exposed to lead is informed of the health surveillance requirements.

Musculoskeletal injury prevention

50. (1) For the purpose of this section and sections 51 to 54 , "musculoskeletal injury ( MSI )" means an injury or disorder of the muscles, tendons, ligaments, joints, nerves, blood vessels or related soft tissue, including a sprain, strain and inflammation, that may be caused or aggravated by work.

(2) An employer shall

(a) recognize factors in the workplace that may expose workers to a risk of musculoskeletal injury; and

(b) evaluate the risk to workers presented by the factors that have been recognized under paragraph (a).

MSI : risk control

51. (1) An employer shall eliminate, or where elimination is not practicable, minimize the risk of musculoskeletal injury to a worker through the implementation of a control measure that may include one or more of the following:

(a) providing, positioning and maintaining equipment that is designed and constructed to reduce or eliminate the risk of musculoskeletal injury;

(b) developing and implementing safe work procedures to eliminate or reduce the risk of musculoskeletal injury;

(c) implementing work schedules that incorporate rest and recovery periods, changes to workload or other arrangements for alternating work; and

(d) providing personal protective equipment in accordance with Part VII .

(2) Personal protective equipment may only be used as a substitute for engineering or administrative controls where it is used in circumstances in which those controls are not practicable.

(3) An employer shall, without delay, implement interim control measures when the introduction of permanent control measures are delayed.

MSI : education and training

52. An employer shall ensure that a worker who is or may be exposed to a risk of musculoskeletal injury is

(a) educated in risk identification related to work, including the recognition of early signs and symptoms of musculoskeletal injury and its potential health effects; and

(b) trained in the use of specific control measures, including, where applicable, work procedures, mechanical aids and personal protective equipment.

MSI : evaluation

53. An employer shall

(a) monitor the effectiveness of a control measure implemented to eliminate or reduce the risk of musculoskeletal injury; and

(b) where the monitoring referred to in paragraph (a) identifies a risk of musculoskeletal injury that is not or has not been eliminated or reduced, implement additional control measures, where reasonably practicable.

MSI : consultation

54. (1) An employer shall consult with the occupational health and safety committee, the worker health and safety representative or the workplace health and safety designate, as applicable.

(2) An employer shall, when performing a risk assessment, consult with

(a) workers with signs or symptoms of musculoskeletal injury; and

(b) a representative sample of the workers who are required to carry out the work being assessed.

Seating or standing work

55. (1) Where a worker in the course of his or her work has a reasonable opportunity to sit without detriment to his or her work, an employer shall provide and maintain suitable seating for the worker's use to enable him or her to take advantage of that opportunity.

(2) Where a substantial proportion of work can be done while seated, an employer shall provide and maintain for a worker a seat suitably designed, constructed, dimensioned and supported for the worker to do the work, including, where necessary, a footrest that can readily and comfortably support the feet.

(3) Where a worker is required to stand for long periods in the course of his or her work, an employer or contractor shall provide an antifatigue mat, footrest or other suitable device to provide relief.

Lifting and handling

56. (1) An employer or contractor shall ensure, where reasonably practicable, that suitable equipment is provided and used for the handling of heavy or awkward loads.

(2) Where use of equipment is not reasonably practicable, an employer or contractor shall take all practicable means to adapt heavy or awkward loads to facilitate lifting, holding or transporting by workers, or to otherwise minimize the manual handling required.

Permitted quantities

57. (1) The amount of a hazardous substance in a work area shall not exceed the quantity reasonably needed for work in progress, normally in one work shift.

(2) Bulk or reserve quantities of a hazardous substance shall be stored in a designated area separate from the work area.

Incompatible substances

58. Substances which are incompatible shall not be stored in a manner that would allow them to mix in the event of container leakage, breakage or other similar circumstance.

Storage of hazardous substances

59. (1) A hazardous substance shall be stored in a designated area, in a manner which ensures that it can not readily fall, become dislodged, suffer damage, or be exposed to conditions of extreme temperature.

(2) A designated storage area for a hazardous substance shall be

(a) designed and constructed to provide for the safe containment of the contents;

(b) clearly identified by signs, placards or similar means;

(d) provided with adequate ventilation and lighting; and

(e) in a location not normally occupied by workers, including a lunchroom, eating area, change room, clothing storage locker or passenger compartment of a vehicle.

Dispensing

60. Where a flammable liquid is dispensed or transferred inside a flammable liquids storage room,

(a) the storage room shall be mechanically ventilated at a rate of at least 18 m3/hr a square metre of floor area (1 cfm /sq ft), but not less than 250 m3/hr (150 cfm );

(b) exhaust air shall be discharged to the outdoors, and makeup air provided;

(d) doors shall be self-closing.

Toilet facilities

61. (1) An employer shall provide, maintain and keep clean sufficient and suitable toilet facilities for workers and shall make effective provision for lighting and heating the toilet facilities.

(2) Sufficient and suitable toilet facilities referred to in subsection (1) include the following:

(a) one suitable toilet to be provided for up to 10 workers and one additional toilet for every 20 workers or fraction of those likely to be present;

(b) additional toilets to be provided where toilet facilities are likely to be used by persons in addition to workers;

(c) where both males and females are employed, separate toilets shall be provided and suitably identified for workers of each sex;

(d) where a toilet is designated for males, the employer may replace not more than two thirds of the toilets with urinals;

(e) where more than 100 males work or are likely to work on a shift and sufficient urinal accommodations are provided, the requirements of paragraph (a) may be reduced at the discretion of an officer;

(f) a toilet that is under cover and positioned and partitioned off to secure privacy shall have a proper door and fastenings;

(g) doors and partitions shall extend at all parts from not more than 30.48 centimetres and not less than 1.83 metres above floor level;

(h) a supply of toilet tissue shall be maintained in a toilet stall at all times and easily cleanable covered receptacles shall be provided for waste materials; and

(i ) the toilets shall be conveniently accessible to the workers at all times during work.

Washing facilities

62. (1) An employer shall provide and maintain for the use of workers

(a) adequate and suitable facilities for personal washing; and

(b) a supply of clean hot and cold or warm water, soap and clean towels or other suitable means of cleaning or drying.

(2) Where there is a high risk of contamination of workers by hazardous substances, infectious or offensive materials as a part of the regular work processes at a place of employment, an employer shall

(a) where reasonably practicable, provide and maintain suitable, adequate and clean facilities for changing and showering; and

(b) allow sufficient time during normal working hours for a worker to use those facilities without loss of pay or other benefits.

Emergency washing facilities

63. An employer shall ensure that

(a) appropriate emergency washing facilities are provided in a work area where a worker's eyes or skin may be exposed to harmful or corrosive materials or other materials which may burn or irritate;

(b) only a potable water supply is used in a plumbed emergency eyewash facility and that only potable water or an isotonic saline flushing solution is used in a portable (non-plumbed) eyewash unit;

(d) selection of emergency washing facilities is based upon an assessment of the risks present in the workplace.

Work clothing and accommodations

64. (1) An employer shall provide and maintain, for the use of workers, clean, adequate, appropriately located and suitable accommodations for street clothing not worn during working hours and where it is necessary to protect the street clothing from becoming wet, dirty or contaminated by work clothing, separate accommodation shall be provided.

(2) Where a worker's work clothing or skin is likely to be contaminated by hazardous substances, an employer shall

(a) provide protective clothing and head cover appropriate to the work and hazard;

(b) provide a suitably located changing area; and

(c) ensure that the clothing and head cover are handled and cleaned or disposed of in a manner that prevents worker exposure to hazardous substances.

Eating areas

65. Where a substance used in the work or a work process is likely to contaminate a worker's person, clothing or food, an employer, contractor or owner shall ensure that a clean eating area, separate from the worksite, is available and close to washing facilities.

Supply of drinking water

66. An employer shall provide and maintain at suitable points conveniently accessible to all workers, an adequate supply of wholesome drinking water from a public main or other source approved by the appropriate health authority.

Sanitary and orderly conditions

67. An employer shall ensure that the workplace is sanitary and kept as clean as is reasonably practicable and that

(a) accumulated dirt and refuse is removed daily by a suitable method from floors, working surfaces, stairways and passages;

(b) floors are cleaned at least once a week by washing, vacuum cleaning or other effective and suitable means;

(c) interior walls and partitions, ceilings, passages and staircases are kept in a reasonable state of repair and suitably finished and maintained; and

(d) floors, platforms, stairs and walkways used by workers are kept in a state of good repair and free of hazards.

Noise hazards

68. (1) When a worker is required to work in an area in which noise levels exceed the criteria for permissible noise exposure established by the ACGIH Noise Threshold Limit Values (TLVs )

(a) the employer shall first take appropriate action to implement control measures to reduce noise to acceptable levels; and

(b) where it is not practicable to reduce the noise to acceptable levels or to isolate workers from the noise, the workers shall wear personal protective equipment in accordance with CSA Z94.2 "Hearing Protection Devices - Performances, Selection, Care and Use".

(2) Where conditions referred to in subsection (1) exist, an employer shall establish and maintain a hearing conservation program.

(3) A hearing conservation program established under subsection (2) shall comply with the following minimum requirements:

(a) a noise survey of the workplace to identify high noise areas shall be performed in accordance with CSA Z107.56 "Procedures for the Measurement of Occupational Noise Exposure";

(b) hearing tests for every worker exposed to noise levels in excess of permissible levels to be conducted on an annual basis or where recommended by an audiologist or occupational physician;

(c) a hearing test, within 3 months of commencement of employment, for each new worker who is exposed to noise in excess of the permissible levels; and

(d) mandatory training and education for all workers in the health hazards of noise and the fitting, maintenance, care and use of hearing protection.

(4) A hearing conservation program shall be documented and those records shall be kept by the employer or the employer designate while the worker remains employed by the employer.

(5) An employer shall post and maintain signs at entrances to or on the periphery of areas where persons are exposed to high noise levels in excess of the threshold limit.

(6) A sign referred to in subsection (5) shall clearly state that a noise hazard exists and shall describe the personal protective equipment that is required.

(7) Upon termination of employment, a worker may request from the employer a record of noise exposure during the term of employment.

Painting, coating and working with plastics/resins

69. (1) This section applies to a workplace in which there is spraying or the use of paint or a similar coating, fibre-reinforced resin, thermoplastic material, an expandable resin form or other similar materials.

(2) Spraying a flammable or other hazardous product is prohibited within a general work area unless effective controls have been installed to control the fire, explosion and toxicity hazards.

(3) Where practicable, a coating shall not be applied to a material that is about to be welded.

(4) A work area or enclosure where hazardous materials are handled or used shall be posted with suitable signs or placards warning workers of the hazards within the identified restricted access area and stating the precautions for entry into the area.

(5) Where practicable, a ventilated spray booth or other enclosure designed to control worker exposure shall be used during

(a) an operation or process which involves spraying paint or resin;

(b) lay-up or moulding of reinforced plastic; or

(c) an application of a paint, coating or insulation containing a sensitizer including an isocyante compound, or similar operations using toxic materials.

(6) The air velocity through a horizontal flow spray booth, a vertical flow, down-draft or other enclosure required by subsection (5) shall be as prescribed by a standard acceptable to the minister.

(7) In outdoor applications of materials or processes listed in subsection (5), an air velocity across the work area of at least 50 fpm shall be assured, by mechanical means where necessary, to carry vapours and aerosols away from the breathing zone of a worker.

(8) A ventilation system subject to heavy concentrations of over-spray from the operation shall have an arrester filter which is maintained in good operating condition and replaced when the pressure drop across the filter exceeds the design criteria.

(9) A worker who is or may be exposed to an airborne contaminant generated by a spray operation involving a sensitizing agent shall be provided with and shall wear air-supplied respiratory protection.

(10) Only a qualified person authorized by the employer may operate

(a) an airless spray unit of the type which atomizes paint and fluid at pressure;

(b) a spray paint powered by compressed air in excess of 10 psi ; or

(11) An airless spray gun shall have

(a) a means to electrically bond the gun to the paint reservoir and pump;

(b) a guard that protects against trigger activation where the gun is dropped; and

(c) a trigger function configured to require two distinct operations by the user to activate the release of paint or fluid through the nozzle, or a safety device which prevents the nozzle tip from coming into contact with the worker.

(12) Emissions from operations involved in heating plastics to temperatures which may release thermal decomposition products shall be removed from the workplace by local exhaust ventilation when there is a risk of harm to a worker from exposure to these emissions.

(13) A resin foam installation process performed indoors shall be controlled or contained so that an unprotected worker is not exposed to emissions by using an enclosure or portable local exhaust ventilation or by scheduling arrangements.

(14) A resin foam installation process performed outdoors and relying on natural ventilation shall be completed in an area restricted to authorized personnel wearing adequate personal protective equipment.

(15) Safe work procedures shall be developed for lead paint removal operations, including provisions for warning unauthorized persons, worker training, containment, ventilation, work practices, personal protective equipment worker decontamination and safe means of disposal.

PART VII
PERSONAL PROTECTIVE EQUIPMENT

Definitions

70. In this Part

(a) "fit check" means a negative or positive pressure check of a respirator's fit, performed in accordance with the respirator manufacturer's instructions;

(b) "fit test" means a quantitative or qualitative fit test performed in accordance with procedures in CSA Standard CAN/ CSA -Z94.4 "Selection, Use, and Care of Respirators"; and

(c) "flame resistant", in reference to clothing, means made of a material that, due to its inherent properties or as a result of treatment by a flame retardant, slows, terminates or prevents flaming combustion.

Selection, use and maintenance

71. Personal protective equipment shall

(a) be selected and used in accordance with recognized standards and provide effective protection;

(b) not in itself create a hazard to the wearer;

(d) be maintained in good working order and in sanitary condition.

Instruction

72. An employer shall ensure that a worker who wears personal protective equipment is adequately instructed in the correct use, limitations and assigned maintenance duties for the equipment to be used.

Personal clothing and accessories

73. (1) The personal clothing of a worker shall be of a type and in a condition which does not expose the worker to an unnecessary or avoidable hazard.

(2) Where there is a danger of contact with moving parts of machinery or with electrically energized equipment, or where the work process presents similar hazards

(a) the clothing of a worker shall fit closely about the body;

(b) dangling neckwear, bracelets, wristwatches, rings or similar articles shall not be worn, except for medical alert bracelets which may be worn with transparent bands that hold the bracelets snugly to the skin; and

(c) cranial and facial hair shall be confined or worn at a length which shall prevent it from being snagged or caught in the work process.

General requirements of safety headgear

74. (1) Safety headgear shall be worn by a worker where there is a danger of head injury from falling, flying or thrown objects, or other harmful contacts.

(2) Safety headgear shall meet the requirements of CSA Standard CAN/ CSA -Z94.1 "Industrial Protective Headwear" or, in the case of emergency response personnel, the applicable National Fire Protection Association Standard.

Eye and face protection

75. Where a worker handles or is exposed to materials or conditions that are likely to injure or irritate the eye or face, an employer shall ensure that he or she wears properly fitting face and eye protection appropriate to the conditions of the workplace and in accordance with the requirements of CSA Standard CAN/ CSA Z94.3 "Industrial Eye and Face Protectors".

Prescription safety eyewear

76. (1) Prescription safety eyewear shall meet the requirements of CSA Standard CAN/ CSA Z94.3 "Industrial Eye and Face Protectors".

(2) Bifocal and trifocal glass lenses shall not be used where there is a danger of impact unless the lenses are worn behind impact-rated goggles or other eye protection acceptable to the minister.

(3) Where the use of polycarbonate or plastic prescription lenses is impracticable due to the conditions of the workplace and there is no danger of impact, a worker may use prescription lenses made of treated safety glass meeting the requirements of ANSI Standard Z87.1 "Practice for Occupational and Educational Eye and Face Protections".

Contact lenses

77. Adequate precautions shall be taken where a hazardous substance or condition may adversely affect a worker wearing contact lenses.

General requirements of limb and body protection

78. Where there is a danger of injury, contamination or infection to a worker's skin, hands, feet or body, the worker shall wear properly fitting protective equipment appropriate to the work being done and the hazards involved.

Leg protection

79. A worker operating a chain saw shall wear a leg protective device with a label permanently affixed to the outer surface of the device indicating the standard it meets.

Foot protection

80. (1) A worker’s footwear shall be of a design, construction, and material appropriate to the protection required.

(2) To determine the appropriate protection under subsection (1) the following factors shall be considered:

(a) slipping;

(b) uneven terrain;

(d) ankle protection;

(e) foot support;

(f) crushing potential;

(g) temperature extremes;

(h) corrosive substances;

(i ) puncture hazards;

(j) electrical shock; and

(k) another recognizable hazard.

(3) Where a determination has been made that safety protective footwear is required to have toe protection, metatarsal protection, puncture resistant soles, dielectric protection or a combination of these, the footwear shall meet the requirements of CSA Standard CAN/ CSA -Z195, Protective Footwear.

High visibility apparel

81. A worker whose duties are regularly performed in areas and under circumstances where he or she is exposed to the danger of moving vehicles or heavy equipment shall wear distinguishing apparel containing highly visible material suitable for daytime or night time use, as appropriate.

Flame resistant clothing

82. (1) Where a worker may be exposed to a flash fire or electrical equipment flashover, an employer shall ensure that the worker wears flame resistant outerwear and uses other protective equipment appropriate to the hazard.

(2) A worker shall ensure that clothing worn beneath flame resistant outerwear and against the skin is made of flame resistant fabrics or natural fibers that do not melt when exposed to heat.

Respiratory protection program

83. Where required, an employer shall establish, implement and maintain, and revise where necessary, a written respiratory protection program in accordance with CSA Standard Z94.4 "Selection, Use and Care of Respirators".

Respiratory protection

84. (1) When a worker is or may be exposed to an oxygen deficient atmosphere or harmful concentrations of air contaminants, atmospheric contamination shall be prevented to the extent practicable by accepted engineering controls and when engineering or other controls are not practicable, appropriate respiratory protection equipment shall be used in accordance with this section.

(2) Respiratory protection equipment shall be provided by an employer when the equipment is necessary to protect the health of a worker.

(3) An employer shall ensure that compressed air, compressed oxygen, liquid air and liquid oxygen used for respiration comply with the specifications of CSA Code Z180.1 Compressed Breathing Air and Systems.

(4) An employer shall ensure that compressed oxygen is not used in atmosphere-supplying respiratory equipment that has previously used compressed air.

(5) Access points shall display signs warning that respiratory protection equipment is required and naming the contaminant or hazard involved.

(6) An employer shall ensure that sufficient workers who are trained in rescue procedures are immediately available whenever workers are working in areas where an oxygen deficient atmosphere or hazardous contaminants may be present.

(7) A rescue worker referred to in subsection (6) shall have immediate access to appropriate breathing apparatus or other aids necessary to effect a rescue.

Respiratory protection equipment

85. (1) An employer shall select and provide appropriate respiratory protection equipment based on the respiratory hazard to which a worker is exposed and workplace and user factors that affect the performance and reliability of the equipment.

(2) The equipment referred to in subsection (1) shall be certified by the National Institution of Occupational Safety and Health and used in compliance with the conditions of its certification.

(3) An employer shall identify and evaluate the respiratory hazards in the workplace, and the evaluation shall include an employee's potential exposure to respiratory hazards and an identification of the contaminant's chemical composition and physical state.

(4) Where an employer cannot identify the exposure referred to in subsection (3), the employer shall take immediate precautions to protect a worker from immediate danger.

(5) An employer shall not permit a respirator with a tight-fitting facepiece to be worn by an employee who has

(a) hair on the face or scalp that is likely to prevent effective sealing of the facepiece to the facial skin; or

(b) a condition that interferes with the face to facepiece seal or valve function.

(6) Where an employee wears corrective glasses or goggles or other personal protective equipment, the employer shall ensure that the equipment is worn in a manner that does not interfere with the seal of the facepiece to the face of the user.

(7) Where a tight-fitting respirator is used by an employee, an employer shall ensure that the employee performs a user seal check before each use.

Inspection and maintenance of respiratory protection equipment

86. (1) Respiratory protection equipment that is issued for the exclusive use of an employee shall be cleaned and disinfected as often as necessary to maintain it in a sanitary condition.

(2) Respiratory protection equipment that is issued for the use of more than one employee shall be cleaned and disinfected before being worn by different individuals.

(3) An employer shall ensure that respiratory protection equipment is inspected as follows:

(a) equipment used in routine situations is inspected before each use and after cleaning;

(b) equipment maintained for use in emergency situations is inspected at least once monthly and according to the manufacturer’s recommendations, and is checked for proper function before and after each use; and

(4) Where an inspection conducted under subsection (3) reveals damage, the equipment shall be discarded.

PART VIII
MACHINERY AND EQUIPMENT

Definitions

87. In this Part

(a) "guard" means a type of safeguard consisting of a physical barrier which prevents a worker from reaching over, under, around or through the barrier to a moving part or point of operation;

(b) "point of operation" means the danger area in a machine where a part is being formed or work is being done;

(c) "power transmission part" means a moving part of a machine that transfers power from a power source to a point of operation;

(d) "safeguard" means the use of a guard, a safety device, a shield, an awareness barrier, warning signs, or other appropriate means, either singly or in combination, to provide effective protection to workers from hazards;

(e) "safety device" means a type of safeguard consisting of an arrangement of operating controls, an active or passive physical restraint, an interlock, or a presence sensing device which ensures that a worker cannot access or be in a hazardous area while a machine is operating; and

(f) "shield" means a type of safeguard consisting of a physical cover or barrier which restricts but does not prevent access to a hazardous moving part or a point of operation.

Safe machinery and equipment

88. (1) An employer shall ensure that each tool, machine and piece of equipment in the workplace is

(a) capable of safely performing the functions for which it is used; and

(b) selected, used and operated in accordance with

(i ) the manufacturer's recommendations and instructions, where available,

(ii) safe work practices, and

(iii) the requirements of these regulations.

(2) Except as otherwise provided in these regulations, the installation, inspection, testing, repair, maintenance or modification of a tool, machine or piece of equipment shall be carried out

(a) in accordance with the manufacturer's instructions or a standard acceptable to the minister; or

(b) as specified by a professional engineer.

(3) Where equipment or a structure is dismantled in whole or in part and subsequently reassembled, it shall not be used until completely checked and found to be safe for operation or occupancy.

General requirements

89. Except as otherwise provided in these regulations, an employer shall ensure that machinery and equipment is fitted with adequate safeguards that

(a) protect an employee from contact with hazardous power transmission parts;

(b) ensure that an employee cannot access a hazardous point of operation; and

Standards

90. (1) The application, design, construction and use of safeguards, including an opening in a guard and the reach distance to a hazardous part, shall meet the requirements of CSA Standard Z432 "Safeguarding of Machinery".

(2) A safeguard shall be capable of effectively performing its intended function.

Guards

91. (1) A fixed guard shall not be modified to be readily removable without the use of tools.

(2) A guard shall be designed, where practicable, to allow lubrication and routine maintenance without the removal of the guard.

Identifying unsafe equipment

92. An unsafe tool, machine or piece of equipment shall be removed from service and identified in a manner that ensures that it is not inadvertently returned to service until it has been made safe for use.

Operating controls

93. (1) Powered equipment other than portable powered tools or mobile equipment shall have

(a) starting and stopping controls located within easy reach of the operator;

(b) controls and switches clearly identified to indicate the functions that they serve;

(d) where two-hand controls are installed, controls designed to require concurrent use of both hands to operate the equipment, and to require both controls to be released before another machine cycle can be initiated; and

(e) control systems meeting the requirements of these regulations.

(2) Portable powered tools and mobile equipment shall have operating controls that conform to an appropriate standard acceptable to the minister.

Machinery location

94. A machine shall be located or safeguarded so that operation of the machine does not endanger a worker using a normal passage route about the workplace or operating an adjacent machine.

Marking of hazards

95. A physical hazard shall be identified and marked in a manner that clearly identifies the hazard to an affected worker in accordance with a standard acceptable to the minister:

Piping systems

96. A piping system containing substances shall be clearly identified in a manner known to an affected worker and the identification markings on a piping system shall be maintained in a legible condition.

Restraining devices

97. Effective means of restraint shall be used

(a) on a connection of a hose or a pipe where inadvertent disconnection could be dangerous to a worker;

(b) where unplanned movement of an object or component could endanger a worker; or

Rotating hazards

98. Where a worker may be exposed to contact with rotating parts, such as friction drive, shafts, couplings and collars, set screws and bolts, keys and keyways, and projecting shaft ends, the parts shall be guarded.

Flywheels and pulleys

99. A pit for a flywheel or pulley shall have curbs or toeboards around the upper edge of the pit.

Conveyor standards

100. (1) Except as otherwise provided in these regulations, a conveyor shall meet the requirements of ANSI Standard ANSI /ASME B20.1-1993 "Safety Standards for Conveyors and Related Equipment" .

(2) A conveyor shall have guards or sideboards to prevent material from falling from the conveyor into areas occupied by workers where the falling material creates a risk of injury.

(3) A conveyor shall have an emergency stopping system except where worker access to the conveyor is prevented by guarding.

(4) Where a conveyor emergency stopping system uses a pull wire, the system shall activate by a pull of the wire in any direction, or by a slack cable condition.

(5) A conveyor emergency stopping system shall be designed and installed so that after an emergency stop manual resetting is required before the conveyor can be restarted.

(6) A conveyor shall not be restarted after an emergency stop until inspection has determined it can be operated safely.

Power presses, brake presses and shears

101. Point of operation safeguarding, and the design, construction and reliability of the operating controls of a power press, brake press, ironworker or shear shall meet the requirements of the following applicable standard:

(a) CSA Standard CAN/ CSA -Z142 "Code for Power Press: Health, Safety, and Guarding Requirements";

(b) ANSI Standard B11.4-1993 "American National Standard for Machine Tools -- Shears -- Safety Requirements for Construction, Care, and Use"; or

(c) ANSI Standard B11.5-1988 (R1994) "American National Standard for Machine Tools -- Ironworkers -- Safety Requirements for Construction, Care, and Use" .

Exception for custom work

102. The safeguarding for the point of operation of a brake press may be removed upon application to and approval by the minister where custom or different bends are being done with each cycle of the machine, provided that safe work procedures are followed, and safeguarding is replaced upon completion of the custom work.

Cutting and cooling material containment

103. Cutting or cooling fluids, metal chips and turnings from machine tool work shall be contained.

Standards for abrasive equipment

104. An abrasive wheel shall be guarded, used and maintained to meet the requirements of ANSI Standard B7.1-1988 "The Use, Care and Protection of Abrasive Wheels" .

Powder actuated tools standards

105. A powder actuated fastening system, consisting of the tool, power loads and fasteners, shall meet the requirements of:

(a) ANSI Standard A10.3-1995 "American National Standard for Construction and Demolition Operations -- Safety Requirements for Powder-Actuated Fastening Systems";

(b) CSA Standards for Powder Actuated Devices; or

Powder actuated tool use

106. (1) A low velocity powder actuated tool, with a fastener test speed rating of less than 100 metres a second, shall be used unless no low velocity tool available on the market is capable of doing the fastening task.

(2) Two separate and distinct operations shall be required to activate a powder actuated tool and the final firing movement shall be separate and subsequent to depressing the tool into the firing position.

(3) A powder actuated tool shall be designed so that positive means of varying the power level is available, or can be made available, to enable the operator to select a power level appropriate to perform the desired work.

(4) A powder actuated tool shall be marked with the manufacturer's name or trademark, model number and serial number.

(5) When not in use, a powder actuated tool shall be unloaded and the tool and power loads shall be securely stored and be accessible only to qualified and authorized persons.

(6) Powder loads of different power levels and types shall be kept in different compartments or containers.

(7) A worker shall not operate a powder-actuated tool until he or she

(a) has been trained in the use of the specific make and model of tool and is in possession of a valid operator's certificate issued by the manufacturer or other qualified instruction agency;

(b) has demonstrated that he or she can use the tool effectively and safely;

(d) has been authorized by his or her supervisor to use the tool; and

(e) is wearing the personal protective equipment required by sections 70 to 86 .

(8) When using or servicing a powder-actuated tool, an operator shall have immediately available

(a) a copy of the manufacturer's operating instructions for the tool;

(b) a copy of the powder load and fastener charts for the tool; and

(9) A powder-actuated tool shall not be used in an explosive or flammable atmosphere.

(10) A powder-actuated tool may only be loaded where it is being prepared for immediate use, and shall be unloaded at once where work is interrupted after loading.

(11) A powder-actuated tool shall not be pointed at a person.

(12) Where a powder-actuated tool misfires, the operator shall hold the tool firmly against the work surface for at least 5 seconds, then follow the manufacturer's instructions for those occurrences and, until the cartridge has been ejected, keep the tool pointed in a direction that cannot cause injury to a person.

Limitations on use of powder actuated tools

107. (1) A powder-actuated tool fastener shall not be driven into very hard or brittle materials, including cast iron, glazed tile, hardened steel, glass block, natural rock, hollow tile, and most brick.

(2) A powder-actuated tool fastener may only be driven into easily penetrated or thin materials or materials of unknown resistance where the receiving material is backed by a material that prevents the fastener from passing completely through.

(3) A powder-actuated tool fastener shall not be driven into steel within 13 millimetres of an edge, or within 5 centimetres of a weld except for special applications permitted by the manufacturer.

(4) Except for special applications recommended by the manufacturer, a powder-actuated tool fastener may not be driven into masonry materials

(a) within 7.5 centimetres of an unsupported edge with a low velocity tool; or

(b) within 15 centimetres of an unsupported edge with a medium or high velocity tool.

(5) A powder-actuated tool fastener shall not be driven

(a) into concrete unless material thickness is at least 3 times the fastener shank penetration;

(b) into a spalled area; or

(c) through existing holes unless a specific guide means, recommended and supplied by the manufacturer, is used to assure positive alignment.

Chippers

108. (1) A hand-fed mobile chipper shall have a barrier or baffle installed on the feed side of the rotor to prevent ejection of chipped material.

(2) A self-feeding chipper shall have a table or apron extending at least 1.5 metres back from the rotor with sides sufficiently high to prevent a worker from reaching in and contacting the rotating knife.

(3) A driven-feed chipper shall have a guard chute or apron extending at least 90 centimetres from the feed rollers and a panic bar to stop the feed rollers.

(4) On a mobile chipper which gravity feeds material through a vertical hopper to the rotor, the sides of the hopper shall be of a sufficient depth to prevent the operator from reaching in and contacting the rotor, but in no case not less than 90 centimetres measured from the top edge of the hopper to the periphery of the rotor.

Chain saws

109. (1) A chain saw shall meet the requirements of CSA Standard Z62.1 "Chain Saws" .

(2) A chain saw shall have a chain brake that activates automatically upon kickback regardless of the position of the power head or operator's hands.

(3) A chain saw chain shall be stopped before the saw operator moves from cut to cut, unless the next cut is in the immediate area and the saw operator can safely move to the next cutting position.

Automotive lifts and vehicle supports

110. (1) An automotive lift or hoist shall meet the requirements of ANSI Standard ANSI / ALI ALCTV-2006 "American National Standard for Automotive Lifts -- Safety Requirements for the Construction, Care, and Use" .

(2) A shop crane, jack, axle stand, ramp or other type of vehicle support shall meet the requirements of the applicable section of ANSI Standard ASME PALD-2005 "Safety Standard for Portable Automotive Lifting Devices" .

(3) Operation, inspection, repair, maintenance and modification of a vehicle support or lift shall be carried out according to the manufacturer's instructions or the written instructions of a professional engineer.

(4) The employer shall keep a maintenance and inspection record for each automotive lift or hoist for not less than 5 years.

(5) The rated capacity shall be marked on each automotive lift or hoist, shop crane, jack, axle stand, ramp or other vehicle support and shall not be exceeded.

(6) The control for an automotive lift shall require continuous pressure by the operator when raising or lowering the unit, and the control shall return to the neutral position when released.

Pneumatic nailing and stapling tools

111. (1) A hand held pneumatic nailing or stapling tool capable of driving fasteners larger than 1.2 millimetres (18 gauge ASWG ) shall not activate unless the operator performs 2 actions, one of which is to place the tool against a work surface.

(2) The trigger of a pneumatic nailing or stapling tool shall not be taped or otherwise secured in the "on" position, or held in the "on" position while moving between operations.

(3) The air supply to a pneumatic nailing or stapling tool shall be disconnected before adjusting or servicing the tool.

Drilling equipment - general requirements

112. An employer shall ensure that before drilling

(a) the back, face and sides of the work area have been scaled and stabilized;

(b) the working face and surrounding area have been thoroughly washed; and

Drilling equipment use

113. (1) An employer shall ensure that

(a) a rock drill is not used unless equipped with a water jet or other device capable of suppressing rock dust; and

(b) adequate restraining devices are installed on hose connections under pressure, where inadvertent disconnection could endanger workers.

(2) Operating controls shall not be installed on the feed side of a top-hammer percussion drill.

Drilling procedures

114. A driller shall ensure that

(a) the cut is not drilled in the same location as the previous round;

(b) holes are not drilled within 15 centimetres of a part of a bootleg; and

(c) there is no drilling at a face when a hole is loaded or being loaded with explosives except in conformity with the requirements on drilling to refire a misfire, as specified in PART XIX.

Rod handling

115. (1) A drill operator shall not manually add or remove drill steel, a drill bit or service drilling equipment while the drill is rotating under power.

(2) A worker assisting the drill operator with drill bit or drill steel handling shall remain clear of rotating parts of the drill system.

(3) Except as provided in subsection (4), a boom-mounted percussion drill being used with multiple lengths of coupled drill steel shall have a rod changer or other effective device installed and used to add or remove drill steel.

(4) Where it is not practicable to fit a rod changer to a boom-mounted percussion drill, adequate written safe work procedures for adding and removing drill steel shall be available and the drill shall be operated in accordance with those procedures.

Self-propelled drills

116. (1) An operator or other worker may only ride on a self-propelled drill where he or she is in a safe position inside a roll over protective structure.

(2) Where there is no roll over protective structure, the drill shall have controls for machine travel located to allow the operator to move the machine from a position off the machine and clear of hazard should the drill roll or slide downhill.

Cleaning drilled holes

117. Where a drilled hole is being cleaned using an air or water pressure blowpipe, the operator shall ensure that all persons are clear of the area made hazardous by blowback.

Abrasive blasting and high pressure washing definitions

118. For the purpose of this section and sections 119 to 126 ,

(a) "cabinet" means an enclosure designed to permit abrasive blasting, high pressure washing or a similar operation to be conducted safely inside the enclosure by a worker who is outside the enclosure;

(b) "enclosure" means a temporary or permanent enclosure of a work area provided with exhaust ventilation and makeup air to reduce exposure of workers inside the enclosure and prevent the uncontrolled release of air contaminants from the enclosure; and

(c) "high pressure washing" or "jetting" means the use of water or other liquid delivered from a pump at a pressure exceeding 34 MPa (5,000 psi ), with or without the addition of solid particles, to remove unwanted matter from a surface or to penetrate into the surface of a material for the purpose of cutting that material.

Risk assessment

119. An employer shall ensure that a risk assessment is done before any abrasive blasting activity, high pressure washing process, or related cleanup is started which may cause release of a harmful level of an air contaminant from a surface or coating containing a toxic heavy metal or hazardous substance.

Work procedures outside a cabinet

120. Where abrasive blasting, high pressure washing or a similar operation is conducted by a worker outside a cabinet, written safe work procedures addressing the hazards and necessary controls shall be prepared and implemented by the employer.

Substitution of abrasive blasting materials

121. Abrasive blasting materials containing crystalline silica shall be replaced with less toxic materials, where practicable.

Cleanup

122. (1) Used abrasive blasting materials which contain a hazardous substance shall be removed from the work area using effective procedures designed to minimize the generation of airborne dust and wearing suitable personal protective equipment.

(2) Removal under subsection (1) shall take place by the end of each shift except where

(a) a risk assessment establishes that the risks from removal exceed the risks from leaving the materials in place;

(b) a worker will not be exposed to the materials before removal occurs; or

(3) Where removal is delayed under subsection (2), an employer shall assess the risks arising from delay and develop written safe work procedures.

Engineering controls

123. Engineering controls, including an enclosure or local exhaust ventilation with dust collection, shall be used to maintain airborne contaminant levels below exposure limits, where practicable.

Exhaust ventilation

124. (1) Where abrasive blasting or a similar operation is conducted within a structure, the process shall be isolated in a separate, properly ventilated enclosure or cabinet to minimize worker exposure to air contaminants generated by the process.

(2) Where abrasive blasting or a similar operation is conducted inside an enclosure or cabinet, the enclosure or cabinet shall have exhaust ventilation that

(a) maintains air pressure below the air pressure outside the enclosure or cabinet, to prevent the escape of air contaminants from the enclosure or cabinet to other work areas; and

(b) minimizes worker exposure inside the enclosure.

Restricted work zones

125. (1) Where abrasive blasting or a similar operation is conducted outside a structure, the process shall be restricted to a work zone which is identified by warning signs or similar means as a contaminated area.

(2) Only a properly protected worker who is necessary to perform the work shall be permitted inside an enclosure or a restricted work zone where abrasive blasting or a similar operation is conducted.

Operating procedures

126. (1) The operating controls for a sandblasting machine or jetting gun shall be

(a) located near the nozzle in a position where the operator's hands are when using the device;

(b) a continuous pressure type that immediately stops the flow of material when released; and

(2) Where hand operated controls are impracticable, subsection (1)(a) does not apply and an operator shall use a foot operated control or equivalent safety device, of a design acceptable to the minister.

(3) A jetting gun shall not be modified except as authorized by the manufacturer.

(4) A worker shall not hand hold an object while it is being cleaned or cut by a jetting gun.

(5) High pressure hoses, pipes, and fittings shall be supported to prevent excessive sway and movement.

(6) A nozzle or jetting gun operator shall wear personal protective clothing and equipment on the body, hands, arms, legs and feet, including the metatarsal area, made of canvas, leather or other material which will protect the worker's skin from injury in the event of contact with the flow from the nozzle.

(7) Except where the process is isolated from the operator in a separate cabinet, suitable respiratory protective equipment shall be provided and worn whenever abrasive blasting or a similar operation is conducted.

PART IX
DE-ENERGIZATION AND LOCKOUT

Definitions

127. In this Part

(a) "control system isolating device" means a device that physically prevents activation of a system used for controlling the operation of machinery or equipment;

(b) "energy isolating device" means a device that physically prevents the transmission or release of an energy source to machinery or equipment;

(c) "energy source" means an electrical, mechanical, hydraulic, pneumatic, chemical, thermal or other source of energy of potential harm to workers;

(d) "key securing system" means a system which physically prevents access to keys when locks or positive sealing devices are applied in a group lockout procedure;

(e) "lockout" means the use of a lock to render machinery or equipment inoperable or to isolate an energy source in accordance with written procedure;

(f) "maintenance" means work performed to keep machinery or equipment in a safe operating condition, including installation, repair, cleaning, lubrication and the clearing of obstructions;

(g) "normal production" means work that is routine, repetitive, and integral to the normal use of machinery or equipment for production; and

(h) "personal lock" means a lock provided by the employer for use by a worker to ensure personal lockout protection such that each lock, when applied, is operable only by a key in the worker’s possession, and by a key under the control of the supervisor or manager in charge.

General requirement

128. Where the unexpected energization or startup of machinery or equipment or the unexpected release of an energy source could cause injury, the energy source shall be isolated and effectively controlled.

When lockout required

129. (1) Where machinery or equipment is shut down for maintenance, no work may be done until

(a) all parts and attachments have been secured against inadvertent movement;

(b) where the work would expose workers to energy sources, the hazard has been effectively controlled; and

(2) Where machinery or equipment is in use for normal production work, subsection (1) applies where a work activity creates a risk of injury to workers from the movement of the machinery or equipment, or exposure to an energy source, and the machinery or equipment is not effectively safeguarded to protect the workers from the risk.

Lockout procedures

130. (1) Where lockout of energy isolating devices is required, the devices shall be secured in the safe position using locks in accordance with procedures that are made available to all workers who are required to work on the machinery or equipment.

(2) An employer shall ensure that each worker required to lock out has ready access to sufficient personal locks to implement the required lockout procedure.

(3) Combination locks shall not be used for lockout.

(4) A personal lock shall be marked or tagged to identify the person applying it, the equipment being locked out and the date the lock was applied.

(5) Procedures shall be implemented for shift or personnel changes, including the orderly transfer of control of locked-out energy isolating devices between outgoing and incoming workers.

(6) Where the use of a personal lock is not practicable for lockout, other effective means approved by the minister may be used in place of a personal lock to secure an energy isolating device in the safe position.

(7) Where an energy isolating device is locked out, the lock shall not prevent access to other energy isolating devices supplying machinery or equipment that could cause injury to workers.

Checking locked out equipment

131. (1) Effective means of verifying lockout shall be provided and used.

(2) Before commencing work, a worker shall verify that all energy sources have been effectively locked out.

Worker responsibilities

132. A worker who works on machinery or equipment requiring lockout is responsible for

(a) locking out the energy isolating devices before starting work except as provided by section 134 ;

(b) removing personal locks on the completion of his or her work; and

Removal of locks

133. (1) A personal lock shall only be removed by the worker who installed it, or where this is not possible, the matter shall be referred to the supervisor who shall be responsible for its removal.

(2) A supervisor shall

(a) make every reasonable effort to contact the worker who installed the lock;

(b) ensure that the machinery or equipment can be operated safely before removing the lock; and

(3) A worker shall be notified at the start of his or her next shift where the worker’s personal lock has been removed since the worker’s previous shift.

Group lockout procedure

134. (1) Where a large number of workers are working on machinery or equipment or a large number of energy isolating devices are to be locked out, a group lockout procedure that meets the requirements of this section may be used.

(2) In a group lockout procedure, 2 qualified workers shall be responsible for

(a) independently locking out the energy isolating devices;

(b) securing the keys for the locks used under paragraph (a) with personal locks or other positive sealing devices acceptable to the minister; and

(c) completing, signing and posting a checklist that identifies the machinery or equipment components covered by the lockout.

(3) Before commencing work, a worker working on the locked out components shall apply a personal lock to the key securing system referred to in paragraph (2)(b).

(4) Workers may lock out a secondary key securing system where 2 qualified workers lock out the primary key securing system and place their keys in the secondary system.

(5) On completion of his or her work, a worker referred to in subsections (3) and (4) shall remove his or her personal lock from the key securing system.

(6) Where the requirements of subsection (5) have been met and it has been determined that it is safe to end the group lockout, 2 qualified workers shall be responsible for removing their personal locks or the positive sealing device from the key securing system containing the locks referred to in paragraph (2)(a), and when those keys are released, the system is no longer considered to be locked out.

(7) The written group lockout procedure shall be conspicuously posted at the place where the system is in use.

Alternative procedures

135. (1) Where lockout of energy isolating devices as required by section 129 is not practicable,

(a) in the case of a power system as defined in Part XXVI, the requirements of that Part shall be followed;

(b) in the case of mobile equipment as defined in Part XII, the requirements of that Part shall be followed;

(c) in the case of machinery equipment designed and equipped with effective control system isolating devices, the devices shall be locked out as required by sections 130 to 134 and subsection (2); and

(d) in an emergency, the energy isolating devices or control system devices shall be effectively controlled to prevent inadvertent start-up or hazardous energy release.

(2) Control system isolating devices and the procedures for their use shall be approved in writing by the minister and shall be used by a qualified worker authorized to carry out the work.

Where locks not required

136. The application of a lock is not required under section 129 or 135 where

(a) the energy isolating device is under the exclusive and immediate control of the worker at all times while working on the machinery or equipment; or

(b) a tool, machine or piece of equipment that receives power through a readily disconnected supply, including an electrical cord or quick release air or hydraulic line, is disconnected from its power supply and its connection point is kept under the immediate control of the worker at all times while the work is being done.

Work on energized equipment

137. Where it is not practicable to shut down machinery or equipment for maintenance, only the parts which are vital to the process may remain energized and the work shall be performed by a qualified worker who has been authorized by the employer to do the work and provided with and follows written safe work procedures.

PART X
FALL PROTECTION

Definitions

138. In this Part

(a) "anchorage point" means a secure point of attachment for a lifeline or lanyard;

(b) "arborist " means a worker trained and employed, in whole or in part, to climb trees for an economic or scientific purpose, including

(i ) detection and treatment of disease, infections or infestations,

(ii) pruning, spraying or trimming,

(iii) repairing damaged trees,

(iv) assessing growth or harvesting potential, or

(v) scientific research;

(d) "debris net" means a net that is used to catch material and debris that can drop from work areas;

(e) "fall arrest system" means a system of physical components attached to a worker that stops a worker during a fall;

(f) "full body harness" means a harness consisting of leg and shoulder straps and an upper back suspension unit that distributes and reduces the impact force of a fall;

(g) "guardrail" means a system of vertical and horizontal members that warns of a fall hazard and reduces the risk of a fall;

(h) "lanyard" means a flexible line used to secure a worker to a lifeline, a static line or a fixed anchor point;

(i ) "lifeline" means a vertical line attached to a fixed anchor point or a static line and to which a lanyard and a ropegrab may be attached;

(j) "means of fall protection" means a fall protection system and includes a harness, net, rope, body belt, structure or other equipment or device or means of

(i ) restraining a worker who is at risk of falling, or

(ii) stopping a worker who has fallen;

(k) "personnel safety net" means a net that is used to catch a worker during a fall;

(l) "ropegrab " means a mechanical fall-arrest device that

(i ) is attached to a lifeline and a lanyard, and

(ii) locks itself immediately on the lifeline in the event of a fall;

(m) "safe surface" means a surface at a workplace that

(i ) has sufficient size and strength to adequately support a worker who falls on to the surface, and

(ii) is sufficiently horizontal to prevent a further fall from the surface by a worker who has fallen on to the surface;

(n) "softener" means padding or hoses that are used with a lifeline or static line to prevent a rope from being cut or chafed; and

(o) "static line" or "horizontal life line" means a rope

(i ) that is attached horizontally to 2 or more fixed anchor points, and

(ii) to which a fall arrest system is attached.

Training requirement

139. A worker shall not use fall protection equipment after January 1, 2012 unless he or she has completed a training program on fall protection prescribed by the commission.

Fall protection systems

140. Where an employer determines it is impractical to provide adequate work platforms or staging, the employer shall ensure that fall protection systems are used by all workers who are exposed to the hazard of falling, as required in section 141 .

General requirements

141. Where a worker is exposed to the hazard of falling from a work area that is

(a) 3 metres or more above the nearest safe surface or water;

(b) above a surface or thing that could cause injury to the worker if the worker were to fall on the surface or thing; or

the employer shall ensure that

(d) the worker is provided with a fall arrest system that meets the requirements of section 142 ;

(e) a guardrail that meets the requirements of section 28 is constructed or installed at the work area;

(f) a personnel safety net that meets the requirements of section 143 is installed at the work area;

(g) temporary flooring that meets the requirements of section 146 is constructed or installed at the work area; or

(h) the worker is provided with another means of fall protection that provides a level of safety equal to or greater than a fall arrest system that meets the requirements of section 142 .

Fall arrest system

142. (1) A fall arrest system that is provided in accordance with section 141 shall

(a) be adequately secured to

(i ) an anchorage point, or

(ii) a lifeline that is

(A) securely fastened to anchor points, or

(B) attached to a static line that is securely fastened to anchorage points and that is capable of withstanding either the maximum load likely to be imposed on the anchorage point or a load of 22.2 kilonewtons , whichever is the greater;

(b) include a lanyard

(i ) that is attached to an anchorage point or lifeline, where practicable, above the shoulder of the worker, and

(ii) that complies with CSA Standard Z259.11 "Energy Absorbers and Lanyards";

(i ) the fall arrest system is not equipped with a shock absorption system that complies with CSA Standard Z259.11 "Energy Absorbers and Lanyards" and that reduces the shock level of a fall to less than 4 kilonewtons , or

(ii) the combined free fall and shock absorbed deceleration distance exceeds the distance between the work area and a safe surface; and

(d) include a full body harness that

(i ) is attached to a lanyard,

(ii) is adjusted to fit the user of the harness, and

(iii) complies with CSA Standard Z259.10 "Full Body Harnesses".

(2) Where a fall arrest system includes a lifeline, the lifeline shall

(a) comply with CSA Standard Z259.2.1 "Fall Arresters, Vertical Lifelines and Rails";

(b) extend to a safe surface below the work area and be securely attached to an anchorage point;

(c) be secured at the bottom of the lifeline to prevent tangling or disturbance of the line and be free of knots, lubricants and imperfections;

(d) be free of splices, except where they are necessary to connect the lifeline to an anchorage point;

(e) be provided with softeners at all sharp edges or corners to protect against cuts or chafing; and

(f) be clearly identified as a lifeline by colour or by another means that provides an equivalent level of safety.

(3) No worker shall

(a) use a lifeline in a fall arrest system while that fall arrest system is being used by another worker; or

(b) provide a rope for use, or permit a rope to be used, as a lifeline in a fall arrest system where the rope has been used for another purpose.

(4) Where a fall arrest system provided to a worker includes a ropegrab , the ropegrab used shall comply with CSA Standard Z259.2.1 "Fall Arresters, Vertical Lifelines and Rails".

(5) An employer who provides a worker with a fall arrest system shall ensure the fall arrest system is inspected by a qualified person before each work shift undertaken by the worker.

(6) A qualified person who carries out an inspection of a fall arrest system shall advise the employer where a component of the system is defective in condition or function and the employer shall ensure that the system is not used until the defective component is replaced or repaired.

(7) Where a fall arrest system has arrested the fall of a worker at a work area, the employer shall ensure that the fall arrest system

(a) is removed from service and inspected by a qualified person; and

(b) is repaired, before it is reused, to the original manufacturer's specifications, where an inspection under paragraph (a) reveals that a component of the system is defective.

(8) Where a fall arrest system includes a static line, the static line shall

(a) have a nominal diameter of at least 12.7 millimetres and be made of improved plow wire rope;

(b) be equipped with vertical supports at least every 9 metres and have a maximum deflection, when taut, of no greater than 381 millimetres for a 9 metre span;

(c) be equipped with turnbuckles or other comparable tightening devices that provide an equivalent level of protection, at the ends of the static line;

(d) be equipped with softeners at all sharp edges or corners to protect against cuts or chafing;

(e) be made only of components that are able to withstand either the maximum load likely to be imposed on the components or a load of 8 kilonewtons , whichever is the greater; and

(f) comply with CSA Standard Z259.13 "Flexible Horizontal Lifeline Systems" and CSA Standard Z259.16 "Design of Active Fall Protection Systems".

(9) Where a fall arrest system is provided to an arborist , the fall arrest system shall

(a) include a tree climbing or tree trimming harness or saddle;

(b) be adequately secured to

(i ) an anchorage point, or

(ii) a lifeline that is

(A) securely fastened to anchorage points, or

(B) attached to a static line that is securely fastened to anchorage points;

(d) where practicable, include a second climbing rope or safety strap that

(i ) provides additional stability, and

(ii) back-up fall protection; and

(e) be capable of withstanding either the maximum load likely to be imposed or a load of 22.2 kilonewtons , whichever is the greater.

(10) Where an employer uses a fall arrest system or a personnel safety net as a means of fall protection, the employer shall have a written fall protection plan that specifies

(a) the procedure to assemble, maintain, inspect, use and disassemble the fall arrest system or personnel safety net; and

(b) the procedure for the rescue of a worker who has fallen and is suspended by the fall arrest system or personnel safety net, but is unable to effect self-rescue.

Nets

143. (1) Where a personnel safety net is installed in accordance with section 141 , an employer shall ensure that it

(a) is installed

(i ) not more than 4.6 metres below the work area,

(ii) to ensure that no obstructions or intervening members may be struck by a worker during a fall between the work area and the personnel safety net, and

(iii) maintained so that the maximum deflection when arresting the fall of a worker does not allow a part of the worker to contact another surface;

(b) extends 2.4 metres on all sides beyond the work area; and

(c) where connected to another personnel safety net, the splice joints connecting it with the other personnel safety nets are equal to, or greater in strength than, the strength of the weakest of the personnel safety nets.

(2) Notwithstanding subsection (1), an employer shall ensure that a personnel safety net is manufactured, used, maintained, inspected and stored in accordance with ANSI Standard A10.11-1989 "Safety Nets Used During Construction, Repair and Demolition Operations".

Debris nets

144. (1) Where a worker having access to an area below an elevated work area is exposed to the hazard of falling objects or debris from the work area, an employer shall ensure that

(a) a debris net is installed below the work area in accordance with subsection (2); or

(b) other means of protection are provided that provide an equivalent level of protection from falling objects and debris.

(2) An employer shall ensure that a debris net under subsection (1) is

(a) manufactured, used, maintained, inspected and stored in accordance with ANSI Standard A10.11-1989 "Safety Nets Used during Construction, Repair and Demolition Operations"; and

(b) installed not more than 4.6 metres below the elevated work area.

Travel restraint

145. An employer shall ensure that a body belt provided in accordance with section 141 complies with CSA Standard Z259 "Body Belts and Saddles for Work Positioning and Travel Restraint".

Temporary flooring

146. Temporary flooring that is constructed or installed in accordance with section 141 shall

(a) be constructed or installed at each floor level of the work area where work is in progress;

(b) extend over the whole work area except for openings necessary for the carrying out of work;

(d) be securely fastened to and supported on members that are able to withstand 4 times the maximum load likely to be imposed on them.

PART XI
SCAFFOLDS, STAGES AND WORK PLATFORMS

Definition

147. In this Part, "eccentric loading" means a load that is applied off the central axis of a structural member.

Portable ladder standards

148. (1) Except as otherwise permitted by this Part, portable ladder design, construction and use shall meet the requirements of

(a) CSA Standard CAN3-Z11 "Portable Ladders";

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