NEWFOUNDLAND REGULATION 23/99

CNR 1165/96
as amended

1. Subsection 47(5) of the Occupational Health and Safety Regulations is repealed and the following is substituted:

(5) A worker shall not enter a tank, tanker, vessel, tunnel, sewer or a confined space until tests for harmful vapours, gases, fumes, mists, dusts, explosive substances and oxygen deficiency have been carried out and those tests indicate that it is safe to enter that tank, tanker, vessel, tunnel, sewer or space.

(5.1) Where a worker is to enter a confined space, tests for harmful vapours, gases, fumes, mists, dusts, explosive substances and oxygen deficiency shall be carried out before entry and at appropriate intervals while work is carried out in that space.

2. (1) Subsection 60(1) of the regulations is repealed and the following is substituted:

Safety belts and lifelines

60. (1) Where it is impracticable to provide adequate work platforms or staging, the employer shall ensure that fall protection systems are used by all workers employed over pits, shafts or moving machinery and by all workers working at elevations greater than 3.05 metres above grade or floor level in accordance with current standards of the C.S.A. Code with respect to fall protection and fall protection systems.

(2) Subsection 60(2) of the regulations is repealed.

(3) Subsection 60(7) of the regulations is repealed and the following is substituted:

(7) Rope used for lifelines or safety straps shall comply with the requirements of current C.S.A. Code standards with respect to fall protection.

3. (1) Subsection 110(4) of the regulations is repealed and the following is substituted:

(4) All mobile equipment shall be equipped with audible warning signal devices and

(a) where the mobile equipment is capable of a forward speed exceeding 8 kilometres per hour, it shall be equipped with a horn or similar audible warning device; and

(b) where the mobile equipment operates in reverse motion, it shall be equipped with a suitable audible warning device that initiates automatically when the equipment starts to move in reverse and which continues to operate while the equipment is moving in reverse,

but the minister may, in unusual circumstances, order the use of the audible warning device referred to in paragraph (a) in mobile equipment not capable of speeds greater than 8 kilometres per hour.

(4.1) Where a device referred to in subsection (4)

(a) cannot be clearly heard or identified above the noise of other equipment or other surrounding noise, other warning devices or measures shall be utilized so that adequate warning and protection is provided to workers; and

(b) would result in night-time noise levels above those allowed by municipal bylaws, other warning devices or methods that are audible, visual or tactile shall be used at night so that adequate warning is provided to workers.

(4.2) All mobile equipment shall be

(a) equipped with a means of illuminating the path of travel when operating during the period from 30 minutes after sunset to 30 minutes before sunrise or when, because of insufficient light or unfavourable atmospheric conditions, workers, mobile equipment and vehicles are not clearly seen from a distance of 150 metres;

(b) under the conditions referred to in paragraph (a), provided with adequate illumination of the cab and instruments of the mobile equipment; and

(c) equipped with mirrors providing the operator of the mobile equipment with an undistorted reflected view to the rear of that equipment and where it is considered necessary for the improvement of rear vision, parabolic mirrors are acceptable,

except that paragraph (c) shall not apply to wheeled, tracked skidders, wheeled scrapers, fork lift trucks and straddle carriers not fitted with totally enclosed cabs, but in unusual circumstances the minister may order the use of those mirrors on exempted mobile equipment.

(4.3) For the purpose of paragraph (4)(b) and subsection (4.1), “mobile equipment” means mobile equipment which may, while in operation, cause the operator's view to be obstructed or the mobile equipment's path of travel to be hidden from the person who operates that mobile equipment.

(2) Subsection 110(11) of the regulations is amended by deleting the figures and word "(6) and (7)" and substituting the figures and word "(9) and (10)".

(3) Subsection 110(14) of the regulations is amended by adding immediately after the word "hazard" the words "or that could cause injury or death to a worker".