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This is not the official version. Copyright © 2009: Queen's Printer, Important Information
Newfoundland and Labrador
Occupational Health and Safety Regulations,
2009 (Filed
Under the authority of section 65 of the Occupational Health and Safety Act, the
Lieutenant-Governor in Council makes the following regulations. Dated at Gary Norris REGULATIONS Analysis 1. Short title PART
I 2. Interpretation 3. Application 4. Responsibility of division 5. Right to refuse work 6. Stop work orders 7. Appeal PART
II 8. New project 9. Notifiable occupational diseases 10. Serious injury 11. Notification to utilities PART
12. Occupational health and safety program 13. Occupational health and safety policy 14. General duties of employers 15. Working alone 16. Safe working load of equipment 17. General duties of workers 18. Safety inspections 19. Co-ordination of work 20. Two or more employers 21. Appointment of qualified co-ordinator 22. Violence prevention 23. Procedures and policies 24. Instruction to workers PART
IV 25. Operations of committees, representatives and designates PART
V 26. Personal conduct 27. Travel over and work on ice 28. Guardrails 29. Roof work 30. Openings, pits and tanks 31. Material storage 32. Signage 33. Overcrowding 34. Slipping hazards 35. Barriers 36. Illumination 37. Compressed air 38. Emergency plan risk assessment 39. Emergency procedures 40. Emergency lighting 41. Emergency training PART
VI 42. Hazardous substances 43. Health surveillance 44. Thermal environment 45. Ventilation 46. Silica regulation 47. Silica medical surveillance 48. Asbestos 49. Lead exposure control plan 50. Musculoskeletal injury prevention 51.
52.
53.
54.
55. Seating or standing work 56. Lifting and handling 57. Permitted quantities 58. Incompatible substances 59. Storage of hazardous substances 60. Dispensing 61. Toilet facilities 62. Washing facilities 63. Emergency washing facilities 64. Work clothing and accommodations 65. Eating areas 66. Supply of drinking water 67. Sanitary and orderly conditions 68. Noise hazards 69. Painting, coating and working with plastics/resins PART
70. Definitions 71. Selection, use and maintenance 72. Instruction 73. Personal clothing and accessories 74. General requirements of safety headgear 75. Eye and face protection 76. Prescription safety eyewear 77. Contact lenses 78. General requirements of limb and body protection 79. Leg protection 80. Foot protection 81. High visibility apparel 82. Flame resistant clothing 83. Respiratory protection program 84. Respiratory protection 85. Respiratory protection equipment 86. Inspection and maintenance of respiratory protection equipment PART
VIII 87. Definitions 88. Safe machinery and equipment 89. General requirements 90. Standards 91. Guards 92. Identifying unsafe equipment 93. Operating controls 94. Machinery location 95. Marking of hazards 96. Piping systems 97. Restraining devices 98. Rotating hazards 99. Flywheels and pulleys 100. Conveyor standards 101. Power presses, brake presses and shears 102. Exception for custom work 103. Cutting and cooling material containment 104. Standards for abrasive equipment 105. Powder actuated tools standards 106. Powder actuated tool use 107. Limitations on use of powder actuated tools 108. Chippers 109. Chain saws 110. Automotive lifts and vehicle supports 111. Pneumatic nailing and stapling tools 112. Drilling equipment - general requirements 113. Drilling equipment use 114. Drilling procedures 115. Rod handling 116. Self-propelled drills 117. Cleaning drilled holes 118. Abrasive blasting and high pressure washing definitions 119. Risk assessment 120. Work procedures outside a cabinet 121. Substitution of abrasive blasting materials 122. Cleanup 123. Engineering controls 124. Exhaust ventilation 125. Restricted work zones 126. Operating procedures PART
IX 127. Definitions 128. General requirement 129. When lockout required 130. Lockout procedures 131. Checking locked out equipment 132. Worker responsibilities 133. Removal of locks 134. Group lockout procedure 135. Alternative procedures 136. Where locks not required 137. Work on energized equipment PART
X 138. Definitions 139. Training requirement 140. Fall protection systems 141. General requirements 142. Fall arrest system 143. Nets 144. Debris nets 145. Travel restraint 146. Temporary flooring PART
XI 147. Definition 148. Portable ladder standards 149. Job built ladders 150. Protective coatings 151. Inspection 152. Inclination and support 153. Length 154. Restrictions on use 155. Fixed ladders 156. Special purpose ladders 157. Definitions 158. Responsibilities 159. Standards 160. Scaffold stability 161. Guardrails and toeboards 162. Grounding 163. Lumber planks 164. Manufactured planks 165. Securing planks 166. Access to scaffolds 167. Vertical ladders 168. Erection and dismantling. 169. Spacing of components 170. Bracing of uprights 171. Cross bracing 172. Wood scaffolds 173. Extension of uprights 174. Laminated uprights 175. Bearer supports 176. Pumpjack scaffold 177. Definitions 178. Manufacturers specifications 179. Compatibility 180. Engineering requirements 181. Adjustable height bases 182. Spacing 183. Couplings 184. Height restriction 185. Outriggers 186. Wheels 187. Moving restrictions 188. Surface conditions 189. Components of tube and coupler scaffold 190. Cross bracing 191. Work platforms supported by a crane or hoist 192. Crane capacity 193. Eccentric loading 194. Rigging 195. Two block prevention 196. Powered booms and winches 197. Fall protection - suspended work platforms 198. Articulating booms prohibited 199. Travelling restriction 200. Communications 201. Definitions -elevating work platforms 202. Standards 203. Operating and maintenance manuals 204. Inspection and maintenance records 205. Shift inspection 206. Annual inspection and certification 207. Fall protection - elevating work platform 208. Safe access 209. Rated capacity 210. Outriggers 211. Controls 212. Immobilization of vehicles 213. Shear hazard 214. Warning devices 215. Transporting workers 216. Lift truck platform 217. Fall protection - lift truck 218. Swing stages - definitions 219. Rated load 220. Weight identification 221. Prior permission 222. Attachment points 223. Securing suspension lines 224. Hook and clamp working load limit 225. Hook and clamp engagement 226. Tiebacks 227. Thrust-out beams 228. Counterbalance of thrust-out beams 229. Hook closures 230. Protection against damage 231. Fibre rope suspension 232. Wire rope suspension 233. Length of suspension ropes 234. Hoisting devices 235. Hangers or stirrups 236. Platform width 237. Safety factor 238. Rated load 239. Guardrails 240. Toeboards and netting 241. Equipment inspection 242. Fall protection - swing stage 243. Boatswain's chairs 244. Definitions 245. Permanent powered platforms 246. Portable powered platforms 247. Fall protection - powered platform 248. Maintenance and operating records 249. Window cleaning PART
XII 250. Definitions 251. Operation and maintenance 252. Competency and testing operators 253. Operator's responsibility 254. Supervisor's responsibility 255. Warning signal device 256. Lights 257. Rear view mirrors 258. Load handling attachments 259. Load ratings 260. Operative protective structures 261. Rollover protective structures 262. Rollover protective structure standards 263. Rollover protective structure certification 264. Rollover protective structure identification 265. Effect of rollover protective structure on visibility 266. Seating and standard requirements 267. Start of shift inspection 268. Securing tools and equipment 269. Unattended equipment 270. Securing elevated loads 271. Swinging equipment 272. Obstructed view 273. Guy lines 274. Pedestrian and equipment traffic 275. Securing loads 276. Restraint for cylindrical objects 277. Lift truck loads 278. Tire installation 279. Equipment and procedures PART
XIII 280. Application 281. Seat belts 282. Securing equipment 283. Hazardous materials 284. Passenger compartments 285. Boarding and leaving 286. Seating design PART
XIV 287. Definitions 288. Cranes, derricks and hoists 289. Identification 290. Rated capacity 291. Rated capacity indication 292. Boom angle indicator 293. Boom extension and load radius indicators 294. Support structure 295. Manual 296. Inspection and maintenance 297. Inspection and maintenance records 298. Certification 299. Audible warning 300. Molten metal 301. Two-block protection 302. Sheave guards 303. Ungrounded supply 304. Controls 305. Operator protection 306. Cab windows 307. Storage 308. Fire extinguisher 309. Operator qualifications 310. Shift inspection 311. Load weight 312. Calibration 313. Unsafe lift 314. Swing hazards 315. Position of equipment 316. Multiple crane lift 317. Travelling with a load 318. Loads over work areas 319. Unattended loads 320. Hook position 321. Signals 322. Alternative to hand signals 323. Dedicated radio system 324. Unhooking loads 325. Riding hook or load 326. Induced voltage 327. Uptravel limit 328. Electrical conductors 329. Power shutoff 330. Direction markings 331. Manually powered hoists 332. Cranes on floating supports 333. Level turntable 334. Outriggers 335. Tires 336. Supporting surface 337. Travelling with a load 338. Boom inspection 339. Tower cranes 340. Verification before use 341. Identification 342. Structural inspection 343. Structures kept clean 344. Communication 345. Wind limitations PART
XV 346. Definitions 347. Qualified riggers 348. Use of rigging 349. Component identification 350. Design factors 351. Natural fibre rope 352. Wedge socket connections 353. Open hook restriction 354. Securing pins 355. Replacing pins 356. Securing ropes to drums 357. Wraps required 358. Sheaves 359. Guylines 360. Spooling tape 361. Termination efficiencies 362. Wire rope clips 363. Restriction on foldback eyes 364. Slings standards 365. Inspection before use 366. Storage 367. Knots 368. Sharp edges 369. Slinging loads 370. Multiple piece lifts 371. Below-the-hook lifting devices 372. Part of lifted load PART
XVI 373. Traffic control 374. Traffic control person 375. Traffic control signals PART
XVII 376. Definitions 377. Temporary floors 378. Protection from falling materials 379. Chutes 380. Chutes and hoists 381. Glass panels 382. Temporary support 383. Supervision 384. Concrete placing hazards 385. Inspections 386. Pre-use inspections 387. Controls 388. Emergency shutoff 389. Agitator guarding 390. Concrete pump lines 391. Equipment inspection 392. Repair certification 393. Restriction on use 394. Operator's duties 395. Hopper signal device 396. Underground utilities 397. Structural integrity 398. Hazardous materials 399. Disconnecting services 400. Glass removal 401. Stabilizing walls 402. Dismantling buildings 403. Stairways PART
XVIII 404. Definition 405. Entrapment danger 406. Pre-excavation requirements 407. Excavation or access 408. Removal of material 409. Faces and slopes 410. Excavation safety 411. Underground workings 412. Internal combustion engines 413. Air quality 414. Rock crushing control measures 415. Diesel engines underground 416. Falling ground PART
XIX 417. Definitions 418. Employer's responsibility 419. Role of certified blaster 420. Security and report requirements 421. Examination 422. Records 423. Suspension or seizure of certificate 424. Custody of certificates 425. Day box or magazine 426. Prohibitions 427. Storage and handling 428. Transportation 429. Drilling 430. Handling in special circumstances 431. Preparing the blast loading 432. Safety fuse 433. Loaded holes 434. Restrictions 435. Electrical initiation 436. Pre-firing 437. Protection 438. Firing 439. Post-firing 440. Unique blasting operation 441. Seismic blasting 442. Misfire PART
XX 443. Fire protection 444. Fire and explosion 445. Trucks loading and unloading 446. Combustible substances 447. Combustible gas propellants 448. Hot work PART
XXI 449. Gas welding and burning 450. Compressed gas cylinders 451. Oxygen 452. Radiation protection 453. Burning and welding 454. Ventilation 455. Coatings on metals 456. Receptacles for stubs 457. Respiratory protection PART
XXII 458. Access, egress and movement 459. Exits and doors 460. Stairs PART
XXIII 461. Definitions 462. Wharves, platforms, etc. 463. Ladders and gang planks 464. Lifesaving equipment 465. Floating work platforms 466. Personal flotation devices 467. Occupational diving operations 468. Instruction 469. Slipping and tripping hazards 470. Galley requirements PART
XXIV 471. Circular saws 472. Operator protection 473. Cutting heads PART
XXV 474. Felling 475. Brush saws 476. Hauling PART
XXVI 477. Definitions 478. Electrical requirements 479. Poles and structures 480. Service rooms 481. Space around equipment 482. Testing equipment 483. Powerline hazards training 484. Low voltage electrical equipment - disconnection and lockout 485. Low voltage electrical equipment 486. Working close to low voltage energized equipment 487. Low voltage electrical equipment - controls 488. Grounding portable low voltage electrical equipment 489. Low voltage electrical equipment - ground fault interrupters 490. Isolation and lockout 491. Warning signs 492. De-energized high voltage systems - isolation and lockout 493. Person in charge 494. Switching sequences 495. Isolating devices 496. Grounding and blocking 497. Multiple authorities 498. Minimum clearance - high voltage equipment and conductors 499. Assurance in writing 500. Assurance not practicable 501. Emergency work 502. Authorization by owner 503. Tree pruning etc. - preliminary inspection 504. Tree pruning etc. in hazardous area 505. Qualifications 506. Control systems - general requirements 507. Programmable control systems 508. Automatic control systems 509. Remote control systems 510. Wireless remote control PART
XXVII 511. Confined space entry 512. Corrective precautions 513. Work procedures 514. Entry into confined space 515. Explosives or flammable atmosphere 516. Rescue from confined space PART
XXVIII 517. CNLR 1165/96 Rep. 518. Commencement Schedule Short title 1. These
regulations may be cited as the Occupational
Health and Safety Regulations, 2009. PART I 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; (c) "Act" means the Occupational Health and Safety Act; (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) " (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 (c) a statement of the grounds on which the appeal
or application is being made. (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 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; (c) results in substantial loss of blood; (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; (c) the name and address of the worker injured in
the accident; and (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 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; (c) wear, corrosion, damage or signs of fatigue
are found which may reduce the 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 (c) the location and circumstances in which work
may take place. 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 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 (c) a workplace health and safety designate is
designated; and (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 (c) notify the commission of the elected co-chairs. (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 (c) the workplace health and safety designate,
except where the workplace health and safety designate is the employer, 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 (c) the workplace health and safety designate. PART V 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 (c) a fall arrest system in accordance with
paragraph 141(d) 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 (c) a fall arrest system in accordance with
paragraph 141(d). (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; (c) work with hazardous substances; (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 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 (e) where a substance referred to in paragraph (d)
has an 8-hour (i) 3 times the 8-hour (ii) 5 times the 8-hour (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 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; (c) provision of screens or shelters; (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 (c) impurities are made harmless and inoffensive 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 (c) ventilation openings are free of obstruction
and sources of contamination. (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; (c) a record of all inspections, maintenance and
cleaning of the mechanical ventilation system is (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 SiO2); (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; (c) jets or sprays of water or other suitable
wetting agent; and (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 (c) is not used in the manufacture of scouring powder or abrasive soaps or as an abrasive in a process. (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- (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; (c) a pulmonary/lung function test; (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; (c) worker education and training; (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 ( (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). 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 (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. 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. 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. 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; (c) designed
and maintained to allow the safe movement of workers, equipment and material; (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; (c) makeup air duct passing through a fire
separation shall be equipped with an approved fire damper; and (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; (c) access to emergency eyewash and shower facilities
is not blocked by material or equipment; and (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 (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 (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 (c) a chopper spray gun unit. (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 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 (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; (c) be compatible so that one item of personal
protective equipment does not make another item ineffective; and (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
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 Prescription
safety eyewear 76. (1) Prescription
safety eyewear shall meet the requirements of (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 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; (c) abrasion; (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 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 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 (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 (c) emergency escape only equipment is inspected before
being carried into the workplace for use. (4) Where an inspection conducted under subsection
(3) reveals damage, the equipment shall be discarded. PART VIII 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 (c) safely contain material ejected by the work
process that could be hazardous to an employee. 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 (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; (c) controls positioned, designed or shielded to
prevent inadvertent activation; (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 (c) to secure an object from falling and endangering
a worker. 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 (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) (b) (c) 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 Powder actuated
tools standards 105. A
powder actuated fastening system, consisting of the tool, power loads and
fasteners, shall meet the requirements of: (a) (b) (c) other authority acceptable to the minister. 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; (c) is familiar with these regulations; (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 (c) accessories or tools needed for use or field
servicing of the tool, including personal protective equipment. (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 (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 (2) A shop crane, jack, axle stand, ramp or other
type of vehicle support shall meet the requirements of the applicable section
of (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 (c) remnants of holes have been inspected for
explosives and distinctively marked. 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 (c) the materials cannot be separated from the
environment in which the abrasive blasting takes place. (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 (c) protected from inadvertent activation. (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 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 (c) the energy isolating devices have been locked
out as required by this Part. (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 (c) maintaining immediate control of the key to
personal locks throughout the duration of the work. 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 (c) ensure that locks that are not in active use
are removed from machinery or equipment. (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 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; (c) "body belt" means a belt worn by a
worker as a means of fall restraint; (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 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 (c) above an open tank, pit or vat containing
hazardous material, 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 (c) prevent a free fall greater than 1.22 metres
where (i) the fall arrest system is not equipped with a
shock absorption system that complies with (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 (2) Where a fall arrest system includes a
lifeline, the lifeline shall (a) comply with (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 (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 (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; (c) include a climbing rope or safety strap; (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 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 (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 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; (c) be able to withstand 4 times the maximum load
likely to be imposed on it; and (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 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) (b) (c) (d) other standard acceptable to the minister. (2) A manufactured portable ladder shall be (a) marked for grade and use; and (b) used in accordance with the manufacturer's
instructions. Job built ladders 149. Where
a portable wooden ladder is constructed at the job site, (a) the side rails (i) shall be of 38 millimetres by 89 millimetres
nominal dimensions for lengths up to 5 metres, and 38 millimetres by 140
millimetres nominal dimensions for lengths from 5 metres to 7.3 metres, and (ii) shall not be notched, dapped, tapered or
spliced, and
the distance between the inner faces of the side rails shall not be less than
38 centimetres or more than 50 centimetres; (b) cleats shall be (i) 19 millimetres by 64 millimetres for ladder
lengths up to 5 metres, (ii) 19 millimetres by 89 millimetres for ladder
lengths from 5 metres to 7.3 metres, (iii) spaced at 30 centimetres centres, and (iv) nailed directly onto the smaller surfaces of
the side rails, using three 57 millimetres wire nails on each end of the 89
millimetre cleats, and two similar nails on each end of the 64 millimetre cleats; (c) the spaces on the side rails between the
cleats shall be filled with close fitting and well secured filler pieces that
are the same thickness as the cleats; and (d) a double cleat ladder shall have 3 rails
evenly spaced, and be 107 centimetres to 127 centimetres wide and have continuous
cleats which extend the full width of the ladder. Protective
coatings 150. A
protective coating applied to a wooden ladder, other than a small amount for
identification purposes, shall be transparent to allow defects to be discovered
by inspection. Inspection 151. Portable
ladders shall be inspected before use, and ladders with loose, broken or
missing rungs, split side rails or other hazardous defects shall be removed
from service. Inclination and
support 152. Where
a portable single or extension ladder is in use (a) the ladder shall be placed so that the
horizontal distance from the base to the vertical plane of support is approximately
one-quarter of the ladder length between supports; and (b) the lower ends of the ladder side rails shall
rest on a firm and level base and the upper support of the side rails shall be
rested on a bearing surface strong enough to safely withstand the applied load. Length 153. A
ladder shall be of sufficient length to project approximately one metre above
the level of the upper landing to which it provides access, except where there
is limited clearance and the ladder is adequately secured. Restrictions on
use 154. (1) Except
as otherwise permitted by a manufacturer, a worker shall not work from either
the top 2 rungs of a portable single or extension ladder or the top 2 steps of
a stepladder. (2) A ladder shall not be used as a scaffold
component or as a horizontal walkway, ramp or work platform support except
where the ladder is part of a premanufactured or engineered system. (3) A worker shall maintain 3 points of contact
when using a ladder. (4) A worker may only work from a portable ladder
without fall protection where (a) the work is a light duty task of short
duration at each location; (b) the worker's centre of gravity is maintained
between the ladder side rails; and (c) the ladder is not positioned near an edge or
floor opening that would significantly increase the potential fall distance. Fixed ladders 155. (1) A
fixed ladder shall comply with the requirements of (2) All fixed ladders, where a potential fall is more
than 7.32 metres in length, shall be (a) provided with platforms at intervals not
greater than 7.32 metres; (b) provided with safety cages starting at 2.13
metres and a maximum of 2.44 metres from the base of the ladder; or (c) provided with acceptable devices to prevent
workers from falling. (3) Fixed ladders shall be anchored at intervals
of not more than 3.05 metres for the entire length of the ladder. (4) A continuous clearance of at least 17.78
centimetres shall be provided at the back of rungs of fixed ladders. (5) Ladder rungs shall be omitted above the
landing and the side rails shall extend at least 1.07 metres above the landing. (6) Where acceptable devices to prevent workers
from falling are used, platforms shall be provided at intervals not greater
than 45.72 metres where the continuous length of climb is greater than 45.72 metres
and every 45.72 metres afterward. Special purpose
ladders 156. A
special purpose ladder, including a ship's ladder, escape ladder, individual
rung ladder or a ladder visible to the audience in a theatre scenic unit or
prop, shall be engineered or constructed to a standard acceptable to the
minister. Definitions 157. For
the purpose of this section and sections 158 to
200, (a) "building tie" means a connection
between a standing scaffold and a permanent structure; (b) "double-pole scaffold" means a
scaffold with both ends of the bearers supported by connections to posts or uprights; (c) "heavy duty" means intended to
support both workers and stored or stacked materials, including bricks and
masonry, where the maximum load capacity does not exceed 366 kilograms a square
metre; (d) "light duty" means intended to
support workers, their personal hand tools and material for immediate use only
where the maximum load capacity does not exceed 122 kilograms a square metre; (e) "painter's plank" means a single
manufactured extension staging; (f) "running scaffold" means a double-pole
scaffold comprised of 2 or more bays; (g) "scaffold" or
"scaffolding" means a temporary work platform and its supporting
structure used for supporting workers or materials or both; and (h) "single pole scaffold" means a
scaffold with the outer ends of the bearers supported on ledgers secured to a
single row of posts or uprights, and the inner ends of the bearers supported on
or in a wall. Responsibilities 158. (1) Employers
shall ensure that scaffolds used by their workers are in safe condition,
regardless of who erected the scaffolds. (2) A scaffold shall be erected, altered and
dismantled by, or under the direct supervision of, qualified workers. (3) A scaffold shall be inspected daily before use
and after a modification. (4) A damaged scaffold component shall not be used
until it has been effectively repaired. Standards 159. Unless
otherwise permitted by this Part, a scaffold shall be designed, erected and
maintained in accordance with the requirements of (a) (b) (c) (d) another standard acceptable to the minister;
or (e) the written requirements of a professional
engineer. Scaffold
stability 160. (1) A
scaffold shall be erected with vertical members plumb and ledgers and bearers
level. (2) The lower end of the vertical support of a
scaffold shall be supported by firm and adequately sized foundations or sills. (3) The poles, legs and uprights of a scaffold
shall be securely and rigidly braced to prevent swaying and displacement. (4) A scaffold shall be effectively guyed or secured
to a building or structure where the height of the scaffold exceeds 3 times its
minimum base. (5) Where building ties or guys are used (a) the first level of ties or guys shall be
placed at a height not exceeding 3 times the scaffold minimum base dimension,
and additional building ties or guys placed at vertical intervals not exceeding
6 metres; and (b) the ties or guys shall be placed at horizontal
intervals of every third bay or 6.4 metres, whichever is the lesser, and at the
ends of the scaffold. (6) A building tie shall be capable of resisting a
working load of 4 kilonewtons, applied horizontally and perpendicular to the
structure, or a proportionately equivalent load where ties are spaced closer together
or guying is employed. (7) Where a scaffold is enclosed by a tarp or
other cover, bracing for the scaffold shall be installed in accordance with the
manufacturer's instructions or those of a professional engineer to meet design
criteria for induced loads. Guardrails and
toeboards 161. (1) Except
as otherwise provided by subsection (2), a work platform 1.22 metres or more
above grade or floor level shall have guardrails on all open sides and ends
which comply with the requirements of sections 28
and 30. (2) Where an edge of the work platform is adjacent
to a structure that provides protection equivalent to guardrails, guardrails
may be omitted on that edge and there may be an open space of up to 30 centimetres
between the work platform and the structure. (3) Toeboards shall be provided and comply with
all the requirements for toeboards set out in these regulations. Grounding 162. A
metal scaffold located in proximity to a high voltage energized electrical
conductor or equipment shall be effectively grounded where a hazardous level of
electrical charge is likely to be induced in the scaffold. Lumber planks 163. (1) Scaffold
planks shall (a) be rough sawn and of not less than 5.08
centimetres by 25.40 centimetre dimensions; (b) extend not less than 15.24 centimetres and not
more than 30.48 centimetres beyond the supporting members; (c) be supported at intervals not exceeding 3.05
metres for light work and 2.13 metres for heavy work, including bricklaying and
masonry; (d) be of uniform thickness in adjoining planks;
and (e) have maximum allowable deflection not
exceeding the span length divided by 80. (2) Each lumber scaffold plank shall be visually
inspected for defects before each installation and shall be removed from
service where it is found to be defective. Manufactured
planks 164. (1) A
manufactured scaffold plank shall meet the requirements of section 163 and shall be used in accordance with the
manufacturer's instructions and limitations, except as provided in subsection
(2). (2) A single manufactured extension staging painter's
plank may be used for the support of one worker only. Securing planks 165. Each
lumber and manufactured scaffold plank installed for use shall be secured
against dislodgement. Access to
scaffolds 166. (1) Access
to otherwise inaccessible working levels of a scaffold up to 9 metres above a
floor or grade shall be provided by (a) end frames providing a ladder-like structure
having horizontal members uniformly spaced at approximately 30 centimetres on
centre; or (b) a vertical or portable ladder or stairway,
attached to the scaffold. (2) Access to otherwise inaccessible working
levels of a scaffold over 9 metres above a floor or grade shall be provided by (a) a stairway erected for the full height of the
scaffold; (b) a temporary passenger hoist approved for use
under the Public Safety Act; (c) an attached vertical ladder, with rest
platforms at least every 6.1 metres which are fully guarded except at the
ladder location; or (d) end frames with a ladder-like structure having
horizontal members uniformly spaced at 30 centimetres on centre, and rest
platforms at least every 6.10 metres which are fully guarded except at the
ladder location. (3) A worker shall not climb the outside of
scaffold frames between landings. Vertical ladders 167. (1) A
vertical ladder providing access to working levels of a scaffold shall (a) be adequately fastened to the scaffold; (b) be configured so that its siderails extend
approximately one metre above the uppermost working level; and (c) have rungs spaced at 30 centimetres on centre
and have a clear space of at least 15 centimetres behind each rung. (2) A ladder attached to a scaffold shall be
positioned so that its use will not cause the scaffold to become unstable. Erection and dismantling. 168. The
requirements of sections 141 to 146 apply to the erection and dismantling of a
scaffold. Spacing of components 169. The
horizontal spacing between uprights, guardrail posts and bearers in a wood
scaffold shall not exceed (a) 3 metres for a light duty scaffold; or (b) 2 metres for a heavy duty scaffold. Bracing of uprights 170. Adjacent
uprights shall be connected with horizontal runners (ledgers and bearers) to
ensure that the unbraced vertical length of an upright does not exceed 2.4
metres. Cross bracing 171. A
scaffold shall be adequately supported in 2 directions by a system of diagonal
cross braces secured to the uprights as close to the ledgers as possible. |