This is an 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. Wood scaffolds 172. (1) Components
of a light duty single-pole wood scaffold shall have minimum nominal dimensions
conforming to the following table:
(2) Components of double-pole scaffolds shall have minimum nominal dimensions conforming to the following table:
Extension of uprights 173. (1) A
wood upright may only be extended using a butt joint, strengthened by two
wooden splice plates not less than 1.2 metres long. (2) The splice plates for wood uprights shall have
a minimum thickness of 38 millimetres and be of the same width as the spliced
members. (3) The combined cross-sectional area of the
splice plates shall be at least that of the vertical upright member. Laminated
uprights 174. When
wood uprights are fabricated by the lamination of two or more pieces of
material to obtain the required cross-sectional dimensions, the distance between
joints shall be at least 1.2 metres. Bearer supports 175. (1) The
inner ends of bearers on single-pole scaffolds shall be supported by bearer blocks
and securely fastened to wall scabs. (2) Manufactured bearer supports shall be (a) of a design acceptable to the minister; and (b) secured to solid wall materials. (3) Bearer hooks which engage holes in the wall
sheathing shall be adequately supported by stiffeners secured to wood studs or
blocking. Pumpjack scaffold 176. (1)
A pumpjack scaffold made of metal (a) shall not be more than 13.7 metres in height;
and (b) shall be braced every 4.6 metres, starting at
the base of the scaffold. (2) A pumpjack scaffold that includes one or more
supports made of wood (a) shall not be more than 7.3 metres in height;
and (b) shall be braced every 3 metres, starting at
the base of the scaffold. (3) A pumpjack scaffold (a) shall be used only as a light duty scaffold;
and (b) shall not be used by more than 2 workers at
one time. (4) A pumpjack scaffold shall have guard rails in
accordance with section 28. Definitions 177. For
the purpose of this section and sections 178 to
200, (a) "end frame scaffold" means a system
of fabricated tubular metal frames (panels) that are connected in the field
with bracing members; (b) "system scaffold" means a scaffold
consisting of posts with fixed connection points which accept runners, bearers
and diagonal braces that can be interconnected at predetermined levels; (c) "tower scaffold" means a double-pole
scaffold comprised of only one bay; (d) "tube and coupler scaffold" means an
assembly of tubing members (posts, bearers, runners, diagonal braces, ties), a
base supporting the posts and special couplers to connect the uprights and to
join the various members; and (e) "tubular metal scaffold" means a scaffold
with members made primarily of steel or aluminium tubing. Manufacturers
specifications 178. Except
as provided in section 179, a tubular metal
scaffold shall (a) be erected in accordance with the
manufacturer's instructions and specifications, including bracing in both vertical
and horizontal planes; (b) have all components installed and connected
using the fasteners specified by the manufacturer, or fasteners of equivalent
quality; and (c) be maintained in a condition which meets the
manufacturer's specifications. Compatibility 179. Where
a scaffold is erected using components made by different manufacturers, the
employer shall ensure that the components are compatible. Engineering requirements 180. A
scaffold shall be erected and used in accordance with the written instructions
of a professional engineer where the scaffold (a) exceeds 25 metres in height; (b) exceeds 20 metres in height where stairways
are included as part of the scaffold; (c) is used to support a temporary floor; (d) is subject to loads which can cause
overturning; or (e) is suspended from a structure. Adjustable height
bases 181. (1) A
scaffold shall be erected plumb using adjustable height bases under the
uprights to accommodate foundation settlement and uneven, sloping or stepped
surfaces. (2) Unless otherwise specified by the
manufacturer, a height adjustment device shall not extend more than the lesser
of two-thirds of its total length or 60 centimetres. Spacing 182. Spacing
between frames or uprights shall not exceed the maximum allowable span for work
platform components and for the intended loading. Couplings 183. (1) Vertical
frames and uprights shall be joined using coupling or stacking pins to ensure
proper vertical alignment. (2) Where uplift could occur and cause components
to separate, height adjusting screws, castors, coupling pins, frames and
uprights shall be secured to prevent separation of components. Height
restriction 184. The
height of a free-standing tower or rolling scaffold shall not exceed 3 times
its minimum base dimension. Outriggers 185. (1) Where
outriggers are used to increase the minimum base dimension of a tower or
rolling scaffold, the outriggers shall be installed on both sides of the
scaffold structure. (2) Notwithstanding subsection (1), where outriggers
are used to increase the minimum base dimension of a tower or rolling scaffold
erected adjacent to a building or other structure, the scaffold shall be braced
against the structure, and outriggers used on the opposite side. Wheels 186. (1) The
wheels on at least one end of a rolling scaffold shall be the swivel type. (2) The wheels of a rolling scaffold shall not be
less than 13 centimetres in diameter and shall be secured in the scaffold leg
to prevent the wheel from falling out while the scaffold is being erected, used
or dismantled. (3) Height adjusting screws for castors of a
rolling scaffold shall extend not more than two-thirds of their total length or
30 centimetres whichever is the lesser. (4) A wheel of a rolling scaffold shall be
equipped with effective brakes or locking devices which shall be applied when
workers are working on the scaffold. (5) A rolling scaffold mounted on pneumatic tires
shall have supports in addition to pneumatic tires while the scaffold is being
erected or dismantled or when a worker is on it. Moving
restrictions 187. A
worker is not permitted on a rolling scaffold while it is being moved. Surface
conditions 188. To
ensure the stability of a rolling scaffold, the floor or surface over which it
is moved shall be sufficiently firm, within 3° of level, and free from pits,
holes, depressions and obstructions. Components of
tube and coupler scaffold 189. (1) Where
48 millimetres outside diameter aluminium or steel tube components are used in
a tube and coupler scaffold (a) the spacing of standards shall not exceed 3
metres; (b) standards shall be connected with ledgers and
transoms at a vertical spacing not to exceed 2 metres; and (c) transoms constructed from 48 millimetres
outside diameter aluminium or steel tubing shall be limited to 1.2 metre bearing
length. (2) A tube and coupler scaffold system which does
not comply with the requirements of subsection (1) shall be constructed in accordance
with the design of a professional engineer. Cross bracing 190. (1) A
running scaffold shall have internal horizontal cross-bracing installed in the
bay immediately adjacent to and at the level of a building tie unless
equivalent bracing is achieved by use of fabricated scaffold planks secured by
end hooks to provide a fully decked work platform at this level. (2) A double-pole tube and coupler scaffold shall
have internal bracing in accordance with subsection (1). Work platforms
supported by a crane or hoist 191. A
work platform suspended from a crane or hoist, or attached to a crane boom shall
be approved and certified by a professional engineer. Crane capacity 192. The
weight of a work platform suspended from a crane or hoist or attached to a
crane boom, and its rigging, plus the rated capacity, shall not exceed 25% of
the crane's rated capacity at the working radius. Eccentric loading 193. Where
a work platform attached to a crane boom causes eccentric loading on the boom,
the rated capacity of the crane shall be reduced and shall be determined and
certified by the crane manufacturer or a professional engineer. Rigging 194. Rigging
used to suspend a work platform from a crane or hoist shall have a safety
factor of at least 10, and shall be used exclusively for suspending the work
platform. Two block prevention 195. Where
a crane or hoist is being used to hoist personnel with a load line, the line
shall have a device to prevent two-blocking. Powered booms and
winches 196. (1) A
crane used to suspend a work platform shall have a powered boom or a fixed
boom. (2) A hoist used to raise or lower a work platform
suspended from a crane shall be capable of lowering under power. (3) A free running boom or hoisting winch, controlled
only by brakes, shall not be used to raise or lower a work platform. (4) Hoisting and lowering speed of a crane or
hoist shall be kept as slow as practicable while supporting a work platform. Fall protection -
suspended work platforms 197. (1) An
occupant of a work platform suspended from a crane or hoist shall use a
personal fall arrest system with a shock absorbing lanyard secured to a
designated anchorage point on the platform or above the load hook. (2) Where a work platform suspended by a crane or
hoist is occupied by a worker with a personal fall arrest system attached to
the platform, the platform shall have a safety strap that prevents the platform
from falling more than 15 centimetres where the platform becomes dislodged from
the hook. (3) Each occupant of a work platform attached to a
crane boom shall use a personal fall arrest system secured to a designated anchorage
point on the boom. Articulating
booms prohibited 198. A
work platform shall not be (a) suspended from an articulating boom crane; or (b) attached to an articulating boom crane unless the
installation is approved by the crane manufacturer. Travelling restriction 199. Travelling
with a worker in a work platform supported by a crane or hoist is not permitted
except where the platform is supported by a rail-mounted crane. Communications 200. The
operator of a crane or hoist used to suspend a work platform shall have an
effective means of constant communication with a person on the platform. Definitions -elevating
work platforms 201. For
the purpose of this section and sections 202 to
217, (a) "aerial device" means a vehicle-mounted
device having a boom which may be telescoping or articulating, or both, with a
work platform on the boom, which is used to position personnel; (b) "aerial ladder" means a vehicle-mounted
aerial device with a single or multiple-section ladder with or without a
platform at the top; (c) "boom-supported elevating work
platform" means an elevating work platform or aerial device which has its
platform supported by an elevating device that elevates and rotates relative to
the machine base; (d) "elevating work platform" means a
work platform or aerial device which self-elevates to overhead work locations
and includes other similar devices not covered elsewhere in these regulations;
and (e) "self-propelled" means the
capability of an elevating work platform to be power propelled with the primary
controls on the work platform. Standards 202. (1) A
self-propelled work platform comprising a boom-supported elevating platform,
which telescopes, articulates, rotates or extends beyond the base dimensions,
and is not mounted on a separate self-propelled vehicle shall meet the
requirements of (a) (b) (c) other standard acceptable to the minister. (2) A self-propelled integral chassis elevating
work platform having a platform that cannot be positioned laterally completely
beyond the base and for which primary functions are controlled from the platform
shall meet the requirements of (a) (b) (c) other standard acceptable to the minister. (3) A manually propelled, integral chassis
elevating work platform having a platform that cannot be positioned laterally
completely beyond the base, which may be adjusted by manual or powered means
and which shall not be occupied when moved horizontally, shall meet the requirements
of (a) (b) (c) other standard acceptable to the minister. (4) A telescopic aerial device, aerial ladder,
articulating aerial device, vertical tower, material-lifting aerial device or a
combination of these, when vehicle-mounted, whether powered or manually operated,
shall meet the requirements of (5) An elevating work platform of a type other
than that referred to in subsections (1) to (4) shall meet a standard
acceptable to the minister. Operating and
maintenance manuals 203. (1) The
equipment manufacturer's (a) operation manual; and (b) maintenance manual, containing maintenance
instructions and replacement part information for each elevating work platform in use at
the workplace shall be available at the workplace. (2) Where either of the manuals referred to in subsection
(1) is not available, the equipment shall not be used until the manual is obtained,
or until written instructions for the safe operation and maintenance of the
equipment are supplied by a professional engineer. Inspection and
maintenance records 204. (1) Records
of inspection, maintenance, repair and modification shall be kept for an elevating
work platform by the equipment operator and a person inspecting and maintaining
the equipment. (2) Where the inspection and maintenance records
required under subsection (1) are not available, an elevating work platform
shall be inspected and certified by a professional engineer before use, and an
inspection and maintenance recording system shall be established as required by
subsection (1). Shift inspection 205. An
elevating work platform shall be inspected by the operator before use on each
shift and a condition that could endanger workers shall be remedied before the platform
may be used. Annual inspection
and certification 206. (1) An
elevating work platform shall be inspected, maintained, repaired and modified
in accordance with (a) the manufacturer's instructions; (b) the relevant (c) the direction of a professional engineer; or (d) another standard acceptable to the minister. (2) An insulated aerial device shall be
dielectrically tested at least annually in accordance with Fall protection -
elevating work platform 207. (1) A
person on an elevating work platform shall wear a personal fall arrest system
secured to an anchorage point that is approved by the manufacturer or professional
engineer. (2) A worker on an aerial ladder shall be continuously
protected by means of a personal fall arrest system as required by Part X or
shall maintain 3 points of contact with the ladder at all times. Safe access 208. Safe
means shall be provided to get on and off the platform of an elevating work
platform. Rated capacity 209. The
rated capacity of an elevating work platform (a) shall be marked on the platform; and (b) shall not be exceeded. Outriggers 210. (1) An
outrigger on an elevating work platform shall be used in accordance with the
manufacturer's instructions. (2) Where an elevating work platform has
outriggers, notices indicating the circumstances specified by the manufacturer
for which the outriggers are to be used shall be clearly displayed at the operating
controls for the platform. Controls 211. (1) Each
control on an elevating work platform shall be clearly identified to indicate
its function. (2) Controls on an elevating work platform shall
be 'hold-to-run' (continuous pressure) type that return to the neutral or stop
position when released. (3) Controls on an elevating work platform shall
be protected against inadvertent operation. (4) Each set of operating controls of an elevating
work platform shall be provided with an emergency stop device. (5) An emergency stop device referred to in subsection
(4) shall be (a) within easy reach of the operator; (b) clearly labelled 'STOP'; and (c) red in colour. (6) An elevating work platform shall have a
clearly marked overriding lowering control to enable a worker at the lower controls
to stop and lower the platform in the event of an emergency. Immobilization of
vehicles 212. (1) The
carrier vehicle of an elevating work platform shall be secured against
inadvertent movement before a worker occupies the platform. (2) Where a manufacturer permits an elevating work
platform to be elevated on sloping ground, the vehicle's wheels shall be
secured according to the manufacturer's instructions and where no instructions
have been provided, the wheels shall be chocked. Shear hazard 213. An
elevating work platform lifting mechanism which creates a shear hazard to workers
shall be adequately guarded or identified with signs, decals or similar
markings warning of the hazard. Warning devices 214. An
elevating work platform, other than a vehicle-mounted aerial device which
complies with the requirements of Transporting workers 215. A
worker may not be transported on an elevated work platform unless the transport
is in accordance with the manufacturer's instructions. Lift truck platform
216. A
work platform mounted on the forks of a lift truck shall be designed by an
engineer or conform to a standard acceptable to the minister and (a) securely attached to the lifting carriage or
forks; (b) provided with perimeter guardrails meeting the
requirements of sections 28 and 30; (c) equipped with guarding to prevent occupants
from contacting a hazardous part of the lifting machinery; and (d) clearly marked with the rated load of the
platform. Fall protection -
lift truck 217. Where
a worker is elevated on a work platform supported by a lift truck, (a) the lift truck operator shall remain at the
controls of the lift truck; (b) the lift truck mast shall be kept vertical; (c) the lift truck shall not be moved except for
minor adjustments necessary to facilitate positioning of the platform; and (d) a platform occupant shall use a personal fall
protection system as required by Part X. Swing stages -
definitions 218. For
the purpose of this section and sections 219 to
242 (a) "bridging" means using a deck or
planking to span a gap between two independent work platforms; (b) "rated load" means the maximum load,
designated by the manufacturer, that may be placed safely on a swing stage, and
includes the weight of the workers, their tools and equipment, material to be
transported and allowances for loads including trailing electric power supply
cords, compressed air supply lines, abrasive blasting feed supply lines, or
other loads, but does not include the weight of the work platform or its supporting
rigging; (c) "safe lower landing" means an area
onto which a swing stage or other suspended platform system can be lowered that
is capable of safely supporting the weight of the swing stage plus the rated
load of the system and which can be accessed safely by workers; (d) "static
load" means (i) for suspension by 2 or more lines, the rated
load of the swing stage plus half the weight of the stage including the working
platform, hangers or stirrups, hoisting units and suspension lines, and (ii) for suspension by a single line, the rated
load plus the weight of the stage; (e) "suspension height" means the
distance from the upper attachment points of the suspension line to the safe lower landing for the swing stage; and (f) "swing stage" means a temporary
suspended work platform used to support workers, tools, equipment and
materials, which is raised and lowered by manually controlled hoisting
equipment. Rated load 219. The
rated load (a) shall be permanently marked upon a swing stage
and clearly readable by workers on the stage; and (b) shall not be exceeded. Weight identification 220. A
swing stage platform and a hoist unit shall have its weight clearly marked on
it. Prior permission 221. A
swing stage shall not be used without the prior permission of the minister when (a) there are 2 or more work platforms at
different levels on one swing stage assembly; (b) one swing stage is used above or below a
portion of another swing stage; (c) there is bridging between swing stages; (d) a work platform exceeds 10 metres in length;
or (e) the suspension height exceeds 90 metres. Attachment points 222. A
swing stage shall be suspended from parapet clamps, cornice hooks, thrust-out
beams or other solid anchorages having a working load limit that is at a
minimum equivalent to that of the suspension system for the swing stage. Securing suspension
lines 223. A
suspension line for a swing stage shall be secured at the upper end using a
safety hook, shackle or other method acceptable to the minister. Hook and clamp
working load limit 224. The
working load limit of a cornice hook or parapet clamp shall be determined by
the manufacturer or professional engineer and be clearly marked on the hook or
clamp. Hook and clamp
engagement 225. (1) A
cornice hook or parapet clamp shall be installed to engage structurally sound
portions of a building or structure having adequate strength for the purpose. (2) Where the structural adequacy of the building
or structure at the point of attachment of a cornice hook or parapet clamp is
not known, a professional engineer shall determine and certify the attachment
points. Tiebacks 226. (1) A
cornice hook, parapet clamp or thrust-out beam shall be secured by a tieback to
a solid anchorage on the building or structure or to another parapet clamp
secured on the far side of the structure. (2) The securing, rigging and anchorage required
under subsection (1) shall have an ultimate strength of at least 22.2 kilonewtons. (3) A tieback referred to in subsection (1) shall,
to the extent practicable, be rigged at a right angle to the building face. Thrust-out beams 227. (1) A
thrust-out beam used to support a swing stage shall provide a minimum safety
factor of 4, based on the ratio of the ultimate load carrying capacity of the thrust-out
beam to the static load. (2) The rated load for the allowable thrust-out
beam projections shall be determined by the beam manufacturer or a professional
engineer and clearly marked on the beam. Counterbalance of
thrust-out beams 228. (1) A
thrust-out beam used for supporting a swing stage shall be counterbalanced to
support a load of at least 4 times the static load. (2) A counterweight used to counterbalance a
thrust-out beam shall be (a) clearly marked to indicate its weight; (b) of solid material not subject to loss of
weight through attrition; and (c) secured to the thrust-out beam. Hook closures 229. (1) A
hook used in a swing stage suspension system shall be moused or have a safety
latch. (2) Subsection (1) does not apply to the connection
between a cornice hook and the structure. Protection
against damage 230. (1) Where
a suspension line, tieback, lifeline or other part of the rigging for a swing
stage comes into contact with a rough or sharp edge, the line shall be
protected from damage. (2) Padding shall be used to minimize loss of rope
strength where a line supporting a swing stage makes a sharp bend over an edge. Fibre rope suspension 231. Fibre
rope used to suspend a swing stage or similar equipment shall (a) provide a safety factor of at least 10, based
on the ratio of the rope manufacturer's rated breaking strength for the rope to
the load on the rope due to the static load; (b) be made of synthetic fibre having a breaking
strength of at least 22 kilonewtons; (c) be reeved through a block and tackle system
comprising at least one double upper and one single lower block, for each
hanger; (d) have the hauling line secured to prevent free
running of the line; (e) be free of knots or splices except for
terminal eye-splices; and (f) not be used where exposed to adverse effects
of chemicals, unless the rope is made of materials inert to the chemicals. Wire rope suspension 232. Wire
rope used to suspend a swing stage or similar equipment shall (a) provide a safety factor of at least 10, based
on the ratio of the manufacturer's rated breaking strength of the wire rope on
the load on the rope due to the static load; (b) be a type recommended for that use by the rope
manufacturer, and recommended for use by the hoist manufacturer; and (c) be continuous and unspliced, except for
terminal eye-splices or other types of terminal connections required under Part
XV, but fold back eyes secured by only a pressed metal sleeve shall only be
used where the sleeve manufacturer approves the use of the sleeve for this
application, and the eyes are made in accordance with the manufacturer's
instruction and proof tested. Length of suspension
ropes 233. (1) Suspension
ropes for a swing stage shall be of sufficient length to permit the work platform
to be lowered to a safe lower landing. (2) Where a swing stage or platform is suspended
over water, or where it is impractical to lower the work platform to a safe
lower landing, lower limit travel devices, compatible for safe use with the
hoist system, shall be used to ensure the working platform shall not be lowered
beyond the safe lower limit of travel. Hoisting devices 234. Winches
and other mechanical devices used for hoisting and lowering swing stages or
similar equipment shall have automatically operated locking mechanisms that
prevent slipping of the suspension ropes. Hangers or
stirrups 235. A
hanger or stirrup used for supporting a swing stage shall (a) be made of mild steel or other metal having
similar properties, but shall not be made of wire rope; (b) have a minimum safety factor of 10 based on
the ratio of the ultimate load carrying capacity of the stirrup or hanger to
the static load; and (c) be effectively fastened to the swing stage
platform to prevent inadvertent separation. Platform width 236. A
swing stage work platform shall be at least 50 centimetres wide. Safety factor 237. A
swing stage work platform shall have a safety factor of at least 4, based on
the ratio of the ultimate load carrying capacity of the work platform to the
rated load. Rated load 238. The
rated load for a swing stage platform shall be established by the platform
manufacturer or a professional engineer. Guardrails 239. (1) A
swing stage shall have guardrails with (a) a top rail of 1.07 metres high on all sides of
the platform and an intermediate rail, located midway between the top rail and
the platform floor, or top of the toeboard, where applicable; or (b) other type of guarding providing equivalent
protection and satisfactory to the minister. (2) Guardrails on a swing stage shall be adequately
supported and shall be able to withstand an ultimate load of 900N concentrated
at any point on the top rail. Toeboards and
netting 240. A
swing stage on which loose material or equipment is carried shall have toeboards
at least 10 centimetres high along all sides of the work platform, and netting
with a mesh opening of less than 2.5 centimetres extending from the toeboard to
the top rail on the backside. Equipment inspection 241. (1) A
swing stage and associated equipment shall be thoroughly inspected before use
on each shift and defective equipment shall not be used. (2) A swing stage that has been subjected to a
sudden drop, contact with exposed energized electrical equipment or conductors,
or shows signs of a structural failure shall be removed from service until
certified safe for use by the manufacturer or a professional engineer. Fall protection -
swing stage 242. A
worker on a swing stage which is 3 metres or more above grade or a safe lower
landing, or where a fall from a lesser height may involve an unusual risk of
injury, shall use a personal fall arrest system meeting the requirements of Part
X secured to an anchor independent of the swing stage system. Boatswain's
chairs 243. (1) A
boatswain's chair shall meet the requirements of the applicable (2) A boatswain's chair shall provide stable and
adequate support for the user. (3) A boatswain's chair shall be suspended from a
parapet clamp, cornice hook, thrust-out beam or other solid anchorage having a
working load limit at least equivalent to that of the suspension system for the
boatswain's chair. (4) A counter weight shall be (a) positively secured to thrust outs; and (b) tied back to an anchorage that is capable of
withstanding 22 kilonewtons static load where a counter weight configuration
has not been designed into the building. (5) Where a boatswain's chair is supported by
block and tackle (a) the rope shall be synthetic fibre rope with a
breaking strength of at least 22 kilonewtons; (b) the rope shall be reeved through not less than
one single lower block and one double upper block and secured to prevent the
line from free running; and (c) block hooks shall be moused, or otherwise secured
against dislodgement. (6) Fibre rope used to suspend a boatswain's chair
other than with a block and tackle system shall be synthetic fibre rope having
a breaking strength of at least 27 kilonewtons and of a type compatible for use
with the rigging hardware in the suspension system. (7) Wire rope used to suspend a boatswain's chair
shall be a type recommended for that use by the rope manufacturer or a professional
engineer and suitable for the hoist being used. (8) A worker in a boatswain's chair which is 3
metres or more above grade or a safe lower landing, or where a fall from a
lesser height may involve an unusual risk of injury, shall use a personal fall
arrest system meeting the requirements of Part X independent of the boatswain's
chair system. (9) A boatswain's chair shall not be used where the
suspension height exceeds 92 metres without the prior permission of the
minister. (10) A thorough inspection shall be made of a boatswain's
chair and associated equipment before use each day and defective equipment
shall not be used. Definitions 244. For the purpose of sections 245 to 249 (a) "permanent powered platform" means a
powered platform which is a permanent installation on a particular building or
structure; (b) "portable powered platform" means a
powered platform any part of which is not permanently installed or attached to
a particular building or structure and which may be removed and relocated
elsewhere where required; and (c) "powered platform" means a suspended
swing stage which is raised or lowered by other than manual means. Permanent powered
platforms 245. A
permanent powered platform shall meet the requirements of Portable powered
platforms 246. (1) A
portable powered platform shall meet (a) the requirements for a swing stage regarding
suspension, construction and use of fall protection; and (b) the requirements of (2) Where a portable powered platform is raised
and lowered by 2 separately controlled hoists operated by a single occupant on
the platform, the controls shall be located so that they can be used simultaneously
by the occupant. Fall protection -
powered platform 247. (1) Except
as permitted by subsection (2), where a powered platform is 3 metres or more
above a grade or a safe lower landing or where a fall from a lesser height may
involve an unusual risk of injury, a worker on the platform shall use a
personal fall arrest system meeting the requirements of Part X secured to an
anchor independent of the powered platform system. (2) A worker supported on a permanent powered
platform having 4 or more suspension ropes shall be attached to a secure anchorage
on the platform by means of a personal fall arrest system and the installation
shall meet the requirements of Maintenance and
operating records 248. Records
of inspection and maintenance shall be maintained for 5 years by the operator
and another person inspecting and maintaining a permanent powered platform. Window cleaning 249. A
window cleaning operation shall be conducted in accordance with the
requirements of PART XII Definitions 250. In
this Part (a) "mobile equipment" means a wheeled
or tracked vehicle which is engine or motor powered, together with attached or
towed equipment, but does not include a vehicle operated on fixed rails or
tracks; (b) "no significant hazard of rollover"
means an area in which there are no grades exceeding 10%, no operating areas
with open edges, and no open ramps, loading docks, ditches or other similar hazards
which may cause a rollover; and (c) "specific location" means a yard,
plant or other clearly defined and limited area in which mobile equipment is
operated, but does not include a entire municipality, district, transient forestry
operation or construction site. Operation and
maintenance 251. (1) Mobile
equipment shall be maintained in safe operating condition and operation,
inspection, repair, maintenance and modification shall be carried out in
accordance with the manufacturer's instructions or, in the absence of
instructions, as approved by a registered professional engineer. (2) Servicing, maintenance and repair of mobile
equipment shall be done (a) when the equipment is not in operation; or (b) when the equipment is in operation, where
continued operation is essential to the process and a safe means is provided. (3) The design, fabrication, use, inspection and
maintenance of mobile equipment shall meet the requirements of the following
applicable standard or other standards acceptable to the minister:
(4) Maintenance and inspection records shall be
maintained and made reasonably available to the operator and maintenance personnel
during work hours. (5) Mobile equipment used off maintained roads shall be appropriate and safe for the intended use taking into account factors including the nature of the travel surface and its slope and the activities to be undertaken. (6) Adequate and approved fire suppression
equipment shall be provided where required by the minister. Competency and
testing operators 252. (1) A
person shall not operate mobile equipment unless he or she (a) has received adequate instruction and has
demonstrated to a supervisor or instructor that he or she is a competent equipment
operator; (b) has been authorized to operate mobile
equipment; (c) is familiar with the operating instructions
for particular equipment before he or she attempts to operate it; and (d) has, where required to operate an air brake
equipped vehicle, evidence of successful completion of a course on air brake
systems issued by an organization acceptable to the minister. (2) Subsection (1) does not apply where a trainee
operates the equipment under the supervision of a qualified instructor or
supervisor as authorized by the employer. Operator's
responsibility 253. (1) The
operator of mobile equipment shall operate the equipment safely, maintain full
control of the equipment, and comply with the laws governing the operation of
the equipment. (2) The operator of mobile equipment shall ensure
that a worker is not in close proximity to the swing radius of the equipment
while it is in operation. Supervisor's
responsibility 254. A
supervisor shall not knowingly operate, or permit a worker to operate, mobile
equipment which is, or which could create, an undue hazard to the health or
safety of a person, or which is in violation of these regulations. Warning signal
device 255. (1) (a) where the mobile equipment is capable of a
forward speed exceeding 8 kilometres an hour; (b) where mobile equipment operates in reverse
motion, it shall be equipped with a suitable audible warning device that initiates
automatically when the equipment starts to move in reverse and which continues
to operate while the equipment is moving in reverse; and (c) where the mobile equipment is not capable of
speeds greater than 8 kilometres an hour, the minister may, in exceptional
circumstances, order the use of an audible warning device. (2) Where an audible warning device referred to in
subsection (1) cannot be clearly heard or identified above the noise of other
equipment or surrounding noise, another warning device or measure shall be
utilized. Lights 256. (1) Mobile
equipment used during the period from 1/2 hour after sunset to 1/2 hour before
sunrise, or when a person or vehicle is not clearly discernible at a distance
of 150 metres shall have and use light to adequately illuminate (a) the direction of travel; (b) the working area about the mobile equipment;
and (c) the cab instruments. (2) A headlight and backing light required by paragraph
(1)(a) shall meet the requirements of Society of Automotive Engineers ( Rear view mirrors 257. (1) Mobile
equipment shall have a mirror providing the operator with an undistorted
reflected view to the rear of the mobile equipment or combination of mobile
equipment, except as provided in subsection (2). (2) Where necessary to improve rear vision, a
combination of parabolic and flat mirrors may be used. Load handling
attachments 258. Buckets,
forks, booms, hoists and other load handling attachments shall only be installed
on mobile equipment as specified by the equipment manufacturer or where
certified by a professional engineer for use on the equipment. Load ratings 259. (1) (2) A load chart shall be displayed in the
operator's cab where the rated load varies with the reach of the equipment. Operative protective
structures 260. (1) An
equipment operator shall be protected against falling, flying or intruding
objects or materials by means of a suitable cab, screen, grill, deflector or
guard that meets the design criteria of the Society of Automotive Engineers
applicable recommended practice. (2) A worker shall not remain in the cab of a
vehicle while loads are elevated over the cab unless the cab is protected by an
adequate overhead guard. Rollover
protective structures 261. (1) The
following types of mobile equipment weighing 700 kilograms or more shall have
rollover protective structures ("ROPS"): (a) crawler tractors, dozers, loaders and
skidders; (b) wheeled tractors, dozers, loaders and skidders; (c) motor graders; (d) self-propelled wheel scrapers; (e) agricultural and industrial tractors; (f) compactors and rollers; and (g) self-propelled rock drills moved by an on-board
operator. (2) The minister may require a rollover protective
structure to be installed on mobile equipment, other than mobile equipment
referred to in subsection (1), where the design of the equipment or
circumstances of use indicate the need. Rollover
protective structure standards 262. A rollover protective structure shall meet the
requirements of one of the following applicable standards or other standard
acceptable to the minister: (a) (i) (ii) (b) Society of Automotive Engineers ( (c) Rollover
protective structure certification 263. (1) A
rollover protective structure shall be certified by the manufacturer or a professional
engineer as meeting a standard specified in section 262.
(2) An addition, modification, welding or cutting
on a rollover protective structure shall be done in accordance with the
instructions of, and be recertified by, the manufacturer or a professional engineer. Rollover
protective structure identification 264. (1) The
following information shall be permanently marked upon a rollover protective
structure: (a) the name and address of the manufacturer or
the professional engineer who certified the rollover protective structure; (b) the model number or other effective means of
identifying the machine for which the rollover protective structure was designed; (c) the serial number or other unique means of
identifying the rollover protective structure; (d) the maximum weight of the machine for which
the rollover protective structure was designed; and (e) the standard to which the rollover protective
structure conforms. (2) A modified rollover protective structure shall
be permanently marked with the following information: (a) an identification of the modifications
effected; (b) the date of recertification; and (c) the name and address of the recertifying
engineer. Effect of
rollover protective structure on visibility 265. A
rollover protective structure or other structure required by this Part for the
protection of the operator shall be designed and installed to provide an
adequate view to allow the operator to safely use the machine. Seating and standard
requirements 266. (1) A
well designed and constructed, safely located and securely mounted seat and
seat belt or other safe facilities shall be provided for the operator of powered
mobile equipment and a passenger. (2) Safe facilities for an equipment operator, referred
to in subsection (1), shall include: (a) footboards or platforms upon which the workers
stand or sit, located to protect workers from accidental contact; and (b) handholds; or (c) safety-belts, harnesses, guardrails or other
effective means of restraint. (3) Subsection (1) does not apply to mobile
equipment designed to be controlled by an equipment operator in a standing
position. (4) Where mobile equipment is equipped with seat
belts, in conformity with these regulations or other applicable federal or
provincial legislation, the installations shall be maintained and they shall be
worn by the equipment operator and passengers at all times while the equipment
is in motion, or when operated in a stationary mode. (5) Where a road grader is operated with cab doors
open, and the equipment operator is necessarily in a standing position and unable
to comply with subsection (4), additional restraining devices approved by the
minister shall be installed and used to prevent occupants from falling from the
cab. (6) Where an equipment operator is required to
operate in a standing position, there shall be protection provided equivalent
to the protection required under subsection (5) in the form of a restraining
harness designed to prevent the equipment operator being thrown from the cab in
a roll-over situation, but the restraining harness shall have a quick release
device. Start of shift
inspection 267. (1) An
operator shall inspect the mobile equipment before the start of operation on
the shift and after that where required to ensure the safe operating condition
of the equipment and a defect or other condition affecting the safe operation
of the equipment shall be reported immediately to the supervisor or employer. (2) A repair or adjustment necessary for the safe
operation of the equipment shall be made before the equipment is used. Securing tools
and equipment 268. An
operator shall maintain the cab, floor and deck of mobile equipment free of
material, tools or other objects which could create a tripping hazard,
interfere with the operation of controls, or be a hazard to the operator or
other occupants in the event of an accident. Unattended equipment 269. An
operator of mobile equipment shall not leave the controls unattended unless the
equipment has been secured against inadvertent movement, including by setting
the parking brake, placing the transmission in the manufacturer's specified
park position and by chocking wheels where necessary, and buckets and blades shall
be landed in a safe position before equipment controls are left unattended. Securing elevated
loads 270. (1) An
elevated load, part, extension or machine, shall not be left unattended by an
operator unless it has been immobilized and secured against inadvertent
movement. (2) Where a worker is required to work beneath an
elevated part of mobile equipment, the elevated part shall be securely blocked. (3) An hydraulic or pneumatic jack shall not be
used for blocking unless it has been fitted with a device to prevent collapse
in the event of loss of hydraulic or pneumatic pressure. Swinging equipment 271. Where
the swinging movement of a load, cab, counterweight or other part of mobile
equipment creates a hazard, a worker shall not be within range of the swinging
load or equipment, and the operator shall not move the equipment when a worker
is so exposed. Obstructed view 272. Where
a mobile equipment operator's view of the work area is obstructed, the operator
shall not move the equipment until precautions have been taken to protect the
operator and another worker from injury, including (a) immediately before the movement, the
inspection by the operator on foot of the area into which the equipment is being
moved; (b) direction by a signaller (i) stationed in a safe position in continuous
view of the operator, (ii) having an unobstructed view of the area into
which the equipment is being moved, and (iii) not being otherwise occupied while the
equipment is in motion; or (c) direction by a traffic control or warning
system. Guy lines 273. (1) Guy
lines passing over travelled roads shall be rigged at a sufficient height to
clear all traffic. (2) Guy lines which are not at sufficient height
to clear all traffic shall be clearly identified in accordance to standards
acceptable to the minister. Pedestrian and
equipment traffic 274. (1) Where
practicable, designated walkways shall be used to separate pedestrian traffic
from areas of operation of mobile equipment. (2) Where it is impracticable to provide
designated walkways, adequate safe work procedures to minimize the possibility
of collision shall be used in hazardous work areas, including (a) use of a traffic control system; (b) enforcement of speed limits for mobile
equipment; and (c) a requirement for the pedestrian and the
mobile equipment operator to acknowledge each other's presence before the
pedestrian proceeds through the hazardous area; or (d) other effective means. Securing loads 275. (1) When
material or equipment is being transported, it shall be loaded or secured to
prevent movement of the load which could create a hazard to workers. (2) To protect the crew of a vehicle transporting
a load which may shift on rapid deceleration, a means of load restraint shall
be provided that (a) prevents significant load shift relative to
the carrier under emergency stopping conditions; and (b) meets a standard acceptable to the minister. Restraint for
cylindrical objects 276. Cylindrical
objects transported on their sides shall be effectively restrained against
inadvertent movement. Lift truck loads 277. (1) A
unitized load transported on a lift truck shall not project a distance greater
than half its height above the fork carriage, back rest or back rest extension
of the lift truck. (2) No part of a load comprised of loose objects
may project above the fork carriage, back rest or back extension of a lift
truck. (3) A load which could shift during transportation
shall be restrained where shifting would result in the instability of the load
or the lift truck. Tire installation 278. (1) An
employer shall (a) establish and implement
safe work procedures for servicing mobile equipment, tires, rims and wheels,
including (i) inspecting tire, rim and wheel components, (ii) mounting a tire to the rim and wheel, and inflating
a tire, (iii) installing and removing tire assemblies from
mobile equipment, and (iv) demounting tires from the rim and wheel
assemblies; and (b) ensure that tire limits are not exceeded. (2) A worker assigned to work on tires, rims and
wheels shall be trained in and follow the safe work procedures established
under subsection (1). Equipment and
procedures 279. (1) A
tire shall be deflated before demounting, and deflation shall be done in an
area where ignition sources are controlled or removed. (2) A tire, rim and wheel part shall be cleaned
and inspected for damage before mounting, and a cracked, broken, bent or
otherwise damaged part replaced. (3) A tire shall be inflated using a remote chuck
with a sufficient length of hose and an inline, hand operated valve with a
gauge so the worker is outside the likely trajectory should wheel components
separate during inflation. (4) A tire mounted on a multipiece rim wheel shall
be placed in a cage or other restraining device when it is being inflated. (5) Where a bead expander is used to seat the
beads of a tire, it shall be removed before the tire is inflated to more than
34.5 kPa (5 psi). (6) Welding or heating on an assembled rim or
wheel part is not permitted, except that limited heating to facilitate removal
of a wheel from a hub is acceptable after the tire has been deflated by removing
the valve core. (7) A tire on a multipiece rim wheel shall be
deflated to atmospheric pressure by removing the valve core or by other
effective means before demounting, and in the case of a dual wheel arrangement,
both tires shall be deflated to atmospheric pressure before a wheel nut is
loosened. (8) Multipiece rim and wheel components shall not
be interchanged except as permitted by rim/wheel charts from the appropriate
rim/wheel manufacturer. (9) A multipiece rim wheel which has been used at
less than 80% of the recommended inflation pressure for that application shall
be deflated, disassembled and inspected before reinflation. PART XIII Application 280. This
Part applies to all persons, including the operator, engaged in transporting a
worker by a vehicle operated on behalf of the employer except for the
transportation of a worker by (a) a public transportation system including a
taxi, bus line, chartered air service or airline; or (b) personal transport of the worker on public
roads before or following a work shift. Seat belts 281. (1) Where
reasonably practicable, a vehicle used to transport workers shall have seats
with full seat backs. (2) A seated worker shall wear a seat belt while
being transported in a vehicle equipped with seat belts and the number of
workers being transported shall not exceed the number of seat belts available
in the vehicle. Securing
equipment 282. (1) Materials,
goods, tools or equipment carried in a portion or compartment of a vehicle in
which a worker is riding shall be located and secured to prevent injury. (2) Materials, goods, tools or equipment regularly
carried in a vehicle in which a worker is riding shall be transported in a designated
area in the vehicle. Hazardous
materials 283. Where
a volatile, flammable or otherwise hazardous material is transported in a
vehicle transporting workers, it shall be carried in an isolated compartment
that is (a) accessible only from the outside of the
vehicle, securely fastened and fitted with adequate ventilation and drainage facilities;
or (b) where internal to the vehicle, separated from
the crew compartment by an approved firewall. Passenger compartments 284. An
enclosed portion or compartment of a vehicle in which a worker is transported
shall be provided with (a) effective ventilation, independent of doors,
providing clean air; (b) adequate lighting and means for heating and
cooling; (c) an effective means of communication between
the operator and the passengers; and (d) more than one means of egress. Boarding and
leaving 285. A
worker shall not board or leave a vehicle while it is in motion, except in case
of an emergency. Seating design 286. A
vehicle used to transport workers shall be equipped with seats that (a) are safely located and securely attached to
the vehicle with a width of at least 41 centimetres for each passenger and an
upholstered seat and seat back which provide normal and comfortable seating for
passengers; (b) face to the front or the rear of the vehicle,
unless installed otherwise by the vehicle manufacturer; and (c) provide a spacing of at least 66 centimetres
measured between the face of the seat back at seat level and the back of the
seat or other fixed object in front. PART XIV Definitions 287. In
this Part (a) "anti-two block device" means a
device that, when activated, disengages all crane functions whose movement may
cause two-blocking; and (b) "safe working load" means the load a
crane or hoist may safely lift in a particular situation, taking into account
factors including wind load, extremes of temperature and load sail area, which
load may be equal to or less than the rated capacity or rated load. Cranes, derricks
and hoists 288. Except
as otherwise provided in these regulations, a crane, derrick, hoist and similar
equipment shall be designed, constructed, erected, maintained, operated,
inspected, disassembled and modified as specified by the manufacturer to meet
the requirements of (a) the applicable (b) a professional engineer; or (c) other standard acceptable to the minister. Identification 289. (1) A
crane or hoist shall be permanently identified by the legible display of the
manufacturer's name, model and serial number on the structure. (2) Each major interchangeable structural component
of a crane or hoist shall be legibly marked to identify compatibility with the
crane or hoist, and be uniquely identified. Rated capacity 290. (1) The
rated capacity of a crane or hoist shall not be exceeded. (2) The safe working load as determined by (a) the original manufacturer of the equipment; (b) a professional engineer; or (c) other persons with qualifications acceptable
to the minister shall not be exceeded. Rated capacity
indication 291. (1) The
rated capacity of a crane or hoist shall be permanently indicated on the
superstructure, hoist and load block of the equipment. (2) Notwithstanding subsection (1), rated capacity
indication shall not be required where it is affected by (a) the vertical or horizontal angle of a boom or
jib; (b) the length of a boom or jib; (c) the position of a load supporting trolley; or (d) the use or position of outriggers to increase
the stability of the structure. (3) Where the rated capacity is affected by a
factor set out in paragraph 287(b), a legible
load chart, showing the rated capacity in all permitted working positions and
configurations of use shall be (a) permanently posted on the equipment; or (b) issued to the equipment operator, who shall
have the legible load chart available at all times when operating the equipment. Boom angle indicator 292. A
crane or hoist with a boom movable in the vertical plane shall be equipped with
a device to indicate the boom angle where the rated capacity is affected by the
boom angle, and the device shall be readable by the operator at the control
station. Boom extension
and load radius indicators 293. A
crane or hoist shall have a means or device to indicate the boom extension or
load radius where the rated capacity of the equipment is affected by boom
extension or load radius. Support structure 294. The
rated capacity of a hoist shall not exceed the capacity of the structure supporting
the hoist. Manual 295. (1) The
manufacturer's manual for a crane or hoist shall be reasonably available at the
workplace where the equipment is being used. (2) The manual referred to in subsection (1) shall
show the approved methods of erection, dismantling, maintenance and operation
of the component parts and of the assembled crane or hoist. (3) The portions of the manufacturer's manual, or
a copy of them, related to safe operation of the crane or hoist shall be
available at the workplace where the equipment is being used. (4) A crane or hoist shall not be used in a manner
other than that referred to in the manual referred to in subsection (1) unless
that use has been approved by the manufacturer or by a professional engineer,
and the modifications and deviation shall be recorded in the manual. Inspection and
maintenance 296. (1) A
crane or hoist shall be maintained in accordance with the manufacturer's
specifications and the applicable (2) A crane or hoist shall not be used until a
condition that could endanger workers is remedied. (3) A repair to a load bearing component of a
crane or hoist shall be certified by a professional engineer or the original
equipment manufacturer as having returned the component to a condition capable
of carrying out its original design function with an adequate margin of safety. Inspection and
maintenance records 297. (1) A
log book or other record shall be provided and maintained for a crane, derrick
or similar hoisting equipment showing the maintenance history and structural
modification and inspection of the equipment. (2) The log book or record referred to in subsection
(1) shall be available at all times to the operator and to a worker concerned
with the maintenance and safe operation of the equipment, and that worker shall
be responsible for recording defects, operating difficulties, and the need for
maintenance and all maintenance and modification work performed. Certification 298. Before
a crane or hoist is placed in service, a professional engineer shall inspect,
proof test and certify in writing the rated capacity of a crane or hoist in
accordance with criteria established by the manufacturer or applicable design
or safety standard where (a) the equipment is new; (b) the origin or rated capacity of the equipment
cannot be determined; (c) the continued safe use of the equipment cannot
be assured due to its age or history; (d) repairs or modifications have been made to
load carrying components; (e) modifications have been made which affect the
rated capacity; or (f) the crane or hoist has been in contact with an
electric arc or current. Audible warning 299. An
effective audible warning signal device shall be installed on a crane, derrick
or other hoisting equipment where accidental contact with, or inadvertent
release of, the load could injure a worker or cause damage to equipment. Molten metal 300. A
crane or hoist that handles molten metal shall have 2 holding brakes on the
hoist mechanism. Two-block protection 301. (1) On
a telescopic and conventional boom crane, an anti-two-block device shall be
provided for all parts of two-blocking which is capable of preventing damage to
the hoist rope, boom-tip sheaves and to other machine components when hoisting
the load, extending the boom or lowering a boom on a machine that has a
stationary winch mounted to the rear of the boom hinge. (2) The anti-two-block device referred to in subsection
(1) shall prevent contact between the travelling block or headache ball and the
boom tip. Sheave guards 302. A
running line sheave on a crane or hoist shall be equipped with a device to retain
the rope in the sheave groove. Ungrounded supply 303. An
electric crane or hoist shall be grounded appropriately. Controls 304. (1) A
control on a crane or hoist shall have its function clearly identified and be
maintained in good condition. (2) Controls for a crane or hoist that are not
operated from a cab shall be located to provide a safe distance between the
operator and the load being lifted. (3) A pendant control for a crane or hoist shall
be supported independently from its electrical conductors. Operator
protection 305. The
operator of a crane or hoist shall be protected against hazardous conditions, including
falling or flying objects, swinging, and excessive heat or cold that could adversely
affect the health or safety of the operator. Cab windows 306. (1) A
cab window on a mobile crane shall be made of safety glazing material that meets
the requirements of (2) A cab window on a crane or hoist which is not
a mobile crane may be made of laminated glass, tempered glass, wired glass or
clear polycarbonate plastic. (3) An operator's cab window shall be kept clear
and provide an unobstructed field of vision toward the load hook and shall have
functional window wipers. Storage 307. (1) The
cab of a crane or hoist shall be kept free of unnecessary tools, material and
equipment. (2) Adequate storage facility shall be provided where
it is necessary to keep tools or equipment in the operator's cab of a crane or
hoist. Fire extinguisher 308. A
fire extinguisher with at least a 10 BC rating shall be immediately available
in the cab of each crane. Operator qualifications 309. (1) A
crane or hoist shall only be operated by a qualified person who has been authorized
to operate the equipment. (2) An operator of a crane shall have an
appropriate trade qualification valid in the province or be an apprentice
indentured in the appropriate trade in the province, or have equivalent qualifications
as determined by the Industrial Training Division of the Department of
Education after the following dates: (a) for a mobile crane operator, other than a boom
truck operator, after (b) for a tower crane operator in the construction
industry, after (c) for an operator of a boom truck with a rated
capacity of more than 10 tonnes, after Shift inspection 310. (1) An
operator shall inspect the crane or hoist at the beginning of each shift and
shall test control and safety devices in accordance with the manufacturer's
specifications and the applicable safety code and regulations. (2) A defect found by an operator during the inspection
referred to in subsection (1) or during the use of the crane or hoist shall be:
(a) recorded in the inspection and maintenance
record log; and (b) reported to the supervisor who shall determine
the course of action to be taken. (3) Where a defect affects the safe operation of
the crane or hoist, the equipment shall not be used until the defect has been
remedied. Load weight 311. (1) The
weight of a load to be hoisted by a crane or hoist shall be determined by the
equipment operator and communicated to a worker involved in the hoisting operation. (2) Where the weight of a load cannot be determined,
the crane or hoist to be used for the lift shall have either a load weight indicator
or a load limiting device. Calibration 312. A
load weighing device, including a load movement indicator, on a crane or hoist
shall be calibrated in accordance with the manufacturer's specifications or at
more frequent intervals and the date of calibration shall
be recorded in the inspection and maintenance records system. Unsafe lift 313. An
operator of a crane or hoist shall not attempt to move a load where he or she
has reason to doubt that the load can be safely handled. Swing hazards 314. A
worker shall not remain within range of the swing of the load or equipment where
the swing movement of the load, cab, counterweight or another part of the crane
or hoist creates a hazard and the operator shall not move the equipment when a
worker is so exposed. Position of equipment 315. (1) Equipment
shall be positioned so that no moving part of the equipment comes within 60
centimetres of an obstruction in an area accessible to workers. (2) Where the clearance required under subsection
(1) cannot be provided, entry to an area referred to in subsection (1) shall be
prevented by barriers or other effective means. Multiple crane
lift 316. (1) A
multiple crane lift shall be under the direction of a competent supervisor who
shall be responsible for the safe conduct of the operation. (2) A written procedure shall be prepared for a
multiple mobile crane lift where the load on a crane exceeds 75% of its rated
capacity or where other factors make the lift complex. (3) A written procedure shall be prepared for a
lift in which 3 or more cranes are used at one time to hoist a load. (4) Multiple crane lift procedures shall address
rigging details, wind speed, hoist line speed, crane travel speed, load
distribution and other considerations that may be necessary. (5) The procedures for a multiple crane lift referred
to in subsection (2) shall be communicated to all persons involved before hoisting
operations are commenced by the supervisor. (6) A means of effective communication shall be
established and maintained between all persons involved during a multiple crane
lifting operation. Travelling with a
load 317. (1) Where
an operator is travelling with a load, the operator shall ensure that the load
is carried as close to the ground or grade as possible and that it is rigged to
control load swing. (2) Where necessary, a worker designated as a signaller
shall walk ahead of a moving load and warn workers to keep clear. Loads over work
areas 318. (1) An
employer shall arrange work to prevent passing a load over workers wherever
possible. (2) A crane or hoist operator shall not pass a
load over workers unless no practicable alternative exists and the lifting
procedure has been communicated to all affected workers. (3) A worker shall not stand or pass beneath a suspended
load except as permitted under subsection (2). Unattended loads 319. A
load shall not be left suspended from the load hook of a crane or hoist when an
operator is not at the controls. Hook position 320. The
hook or load block of a crane or hoist shall be positioned over the load to
prevent side loading of the crane when the load is hoisted. Signals 321. The
operator of a crane or hoist shall act only on the directions of a designated
and competent signaller where the operator does not have a clear and
unobstructed view of the load hook and load throughout the whole range of the
hoisting operation. Alternative to
hand signals 322. Two-way
radio or other audio or video systems shall be used where distance, atmospheric
conditions or other circumstances make the use of hand signals hazardous or
impracticable. Dedicated radio
system 323. (1) A
two-way radio system used to direct crane or hoist movement shall operate on a
dedicated radio channel. (2) Multi-channel radios shall not be permitted
for use to direct crane or hoist movement. Unhooking loads 324. A
load on a crane or hoist shall be safely landed and supported, before being unhooked. Riding hook or
load 325. A
worker shall not ride on a load, sling, hook or other rigging equipment. Induced voltage 326. (1) Before
a crane or hoist is operated near a source, including a radio transmitter or
energized high voltage electrical equipment, capable of inducing an electric
charge which may pose a hazard to workers (a) the crane or hoist shall be effectively
grounded; (b) any induced electric charge shall be dissipated
by applying grounding cables or by other effective means before the workers
come into contact with the load; and (c) all flammable materials shall be removed from
the immediate work area. (2) Paragraphs (1)(a) and (b) do not apply where
work is being performed on a power system in accordance with Part XXVI. Uptravel limit 327. (1) A
bridge, gantry or other overhead travelling crane shall be equipped with a
device that prevents hook travel beyond the safe upper limit at all design
hoist speeds. (2) The uptravel limit device required under subsection
(1) shall be tested at the beginning of each shift, and the test results
recorded in the equipment record system. Electrical conductors 328. Electrical
conductors for the bridge and trolley shall be located or guarded to prevent
contact by workers. Power shutoff 329. An
electrically powered crane shall have a means for the operator to safely
interrupt the main electric circuit under a load condition. Direction
markings 330. A
bridge, gantry, or overhead travelling crane operated by a pendant or remote
control shall have markings on the crane structure or building, visible to the
operator, clearly indicating the direction of hook, bridge and trolley motions
compatible with those marked on the controls. Manually powered
hoists 331. (1) A
hand operated hoist shall be provided with a ratchet and pawl, load brake or
other mechanism which shall hold the load at a desired height. (2) A crank operated winch that is not fitted with
automatic load brakes shall be provided with a means of preventing the crank-handle
from slipping off the crank-shaft while hoisting. (3) A crank handle shall be removed from the crank
shaft before the load is lowered on the winches referred to in subsection (2). (4) Subsections (2) and (3) do not apply where a crank
handle have been replaced by permanently secured, smooth rimmed hand wheels. Cranes on
floating supports 332. (1) The
rated capacity and allowable operating radius of a crane or boom truck designed
for use on land shall be modified where it is used on a floating support,
considering list and trim for each installation as specified by the crane
manufacturer or a professional engineer. (2) A mobile crane or boom truck equipped with outriggers,
operating on a floating support, shall be supported on its outriggers during
lifting operations unless the instructions required by subsection (1)
specifically allow otherwise. (3) Where a crane or boom truck is used on a
floating support, a device to measure the list of the floating equipment shall
be provided and be readable by the operator while in the operating position. (4) A mobile crane or boom truck being used on a
floating support shall be blocked and secured to prevent it shifting relative
to the bearing surface of the floating support. Level turntable 333. (1) A
mobile crane or boom truck shall be operated with the turntable level, except
as permitted by the manufacturer. (2) Level indicating devices shall be provided to
permit the operator to determine whether the crane turntable or boom truck
frame is level within the limits specified by the manufacturer. Outriggers 334. (1) Outrigger
beams on a crane or boom truck shall be marked to indicate when the necessary
extension has been achieved. (2) Floats shall be secured to the outrigger jacks
of a crane or boom truck when outriggers are used. Tires 335. Mobile
crane or boom truck tire type, condition and inflation shall be as specified by
the manufacturer when lifting on rubber. Supporting
surface 336. (1) A
mobile crane or boom truck shall only be used on a surface capable of
supporting the equipment and a hoisted load without failure. (2) Where a crane or hoist is used adjacent to an
excavation, slope or backfilled area, a qualified person shall determine the
location for the equipment for hoisting operations. Travelling with a
load 337. A
mobile crane or boom truck may travel with a suspended load only where the
crane manufacturer specifies load ratings for this operation. Boom inspection 338. (1) A
crane boom used for driving piles with a vibratory hammer shall be inspected in
accordance with good engineering practice, and certified safe for continued use
by a professional engineer at least every 3 months, and before being returned
to lifting service. (2) A crane boom used with a vibratory pile
extractor or for dynamic compaction shall be inspected in accordance with good
engineering practice, and certified safe for continued use by a professional
engineer at least monthly, and before being returned to lifting service. Tower cranes 339. (1) The
foundation for support of a tower crane shall be certified by a professional
engineer. (2) The design of shoring and bracing to support a
tower crane shall be certified by a professional engineer, and the shoring and
bracing shall be constructed as specified by the design. (3) Where a tower crane is supported partially or
fully by, or connected to, a building or structure, the connections to and bracing
or shoring of the building or structure necessary to support the tower crane shall
be certified by a professional engineer. Verification before
use 340. (1) A
tower crane erector shall verify that the crane has been erected according to
the manufacturer's specifications before it is put in service. (2) Where a tower crane is not erected according
to the manufacturer's specifications a professional engineer shall certify that
it is safe for use before the crane is put in service. (3) Before a tower crane is used following
repositioning of the mast, a professional engineer shall certify that the parts
of the crane affected by the climbing process have been properly installed and
required reshoring for and bracing to the supporting structure is in place. Identification 341. The
structural components of a tower crane shall be uniquely identified and that
unique identification shall be used when referring to a structural component in
reports for inspection and testing, and certifications for repairs and
modifications. Structural inspection 342. (1) Before
erection of a tower crane, the structural components of the crane shall be (a) inspected to determine their integrity by a
qualified person using non-destructive testing (NDT) methods meeting the requirements
of the Canadian General Standards Board (CGSB); and (b) repaired where necessary and those repairs
certified by a professional engineer as safe for use. (2) Where a tower crane remains erected at a
workplace for more than 12 months (a) its structural components shall be inspected
to determine their integrity by a qualified person using NDT methods meeting
the requirements of the CGSB; and (b) after the inspection required by paragraph
(a), the crane, including necessary repairs, shall be certified by a professional
engineer as safe for use. (3) The inspection and certification of a tower
crane scheduled to be dismantled within 15 months of erection may be delayed
until before the next erection of the crane. Structures kept
clean 343. A
tower crane structure shall be kept clean and free of concrete and other debris
that may hinder inspection and the base area shall be clear of debris and the
accumulation of water. Communication 344. A
tower crane operator shall have an effective two-way voice communication with
another tower crane or equipment operator where contact between the tower crane
and another tower crane or equipment operator could occur. Wind limitations 345. In
the absence of the manufacturer's specifications for maximum permitted wind
speed during crane operation, the maximum allowable wind speed in which a tower
crane may be used is 50 kilometres an hour measured at the operator's cab, or
less where a load cannot be handled safely because of wind. PART XV Definitions 346. In
this Part (a) "design
factor" means the theoretical reserve capability of a product,
usually determined by dividing the breaking strength by the working load limit;
and (b) "rigging"
means fibre ropes, wire ropes, chains, slings, attachments, connecting fittings
and associated components. Qualified riggers 347. Rigging
and slinging work shall be done by or under the direct supervision of a qualified
worker familiar with the rigging to be used and with the code of signals acceptable
to the minister for controlling hoisting operations. Use of rigging 348. The
load applied to rigging or a rigging assembly shall not exceed the working load
limit ( Component identification 349. (1) Rigging
fittings shall be marked with the manufacturer's identification, product
identifier and the working load limit or sufficient information to readily determine
it. (2) The working load limit of existing fittings
not identified as required by subsection (1) shall be determined by the manufacturer
or a professional engineer. Design factors 350. (1) Except
as otherwise specified in these regulations, the design factor based on
breaking strengths for a rigging component shall be at least equal to the
values given in the following table:
(2) The design factor for a rigging assembly used
to support a worker shall be at least 10. Natural fibre
rope 351. Natural
fibre rope shall not be used for hoisting. Wedge socket
connections 352. Where
a wedge socket is used as a wire rope termination, the dead end of the rope
shall be secured to prevent release of the wedge or rope slippage at the
socket. Open hook restriction 353. (1) An
employer shall ensure that a hook has a safety latch, mousing or shackle where
the hook could cause injury if it is dislodged while in use. (2) Notwithstanding subsection (1), where a
competent worker disconnecting the hook would be in danger if the hook has a
safety latch, mousing or shackle, the employer may use another type of hook. (3) Notwithstanding subsection (1), an employer
may use a sorting hook for hoisting a skeleton steel structure or for
performing similar operations where a sorting hook is safer to use than a hook
with a safety latch, mousing or shackle. (4) During a hoisting operation in a caisson, an
employer (a) shall not use a spring loaded safety latch
hook; and (b) shall use a shackle assembly consisting of a
pin fully shouldered into the eyes of the shackle and secured by a nut that is
prevented from rotating by a cotter pin. Securing pins 354. (1) A
shackle-pin, heel-pin and similar device shall be secured against dislodgement. (2) The pin in a screw-pin type shackle shall be
wired or otherwise secured against rotation when used in applications that may
cause the pin to loosen. Replacing pins 355. A
shackle-pin shall not be replaced with a bolt or other makeshift fitting. Securing ropes to
drums 356. (1) A
rope shall be secured to its winding drum, unless the line is required to
automatically disengage from the drum. (2) A rope shall not be fastened to a drum by a
knot tied in the rope. Wraps required 357. At
least 3 full wraps of rope shall remain on winding drums where the load hook is
in the lowest position. Sheaves 358. A
sheave shall be (a) correctly sized for the rope; (b) equipped with a device to retain the rope
within the groove; and (c) removed from service where it has a damaged
groove or flange. Guylines 359. (1) The
strength of each guyline and its anchor shall exceed the breaking strength of
the load-line rigging arrangement. (2) A guyline anchor shall be placed so that the
interior angle between the guyline and the horizontal plane does not exceed 45
degrees. (3) Guylines shall be arranged so that the
hoisting line pull in any direction is shared by 2 or more guys. (4) Guylines and anchor systems, where certified
by a professional engineer, may deviate from the requirements of subsections
(1) to (3). Spooling tape 360. (1) A
worker shall not use his or her hands or feet or a hand-held object to guide
the rope when spooling the rope onto a drum. (2) Notwithstanding subsection (1), in an emergency
a worker may use a steel guide bar of acceptable design to guide the rope onto
the drum but the line speed shall be kept as low as practicable and the worker
shall be positioned to be clear of the drum. Termination efficiencies 361. Except
as otherwise permitted by the manufacturer, the working load limit shall be
reduced in accordance with the efficiency rating for the type of termination
specified as follows: Wire rope clips 362. (1) Where
a manufacturer's specifications for installing and using wire rope clips cannot
be determined, the number of clips and the installation torque shall be in
accordance with the following table:
Restriction on
foldback eyes 363. (1) A
wire rope termination using a swaged fold back eye shall be identified with a
serial number or other unique identification code and proof-tested before being
placed in service and a record of the proof test shall be kept available for
the service life of the termination. (2) A swaged fold back eye termination shall be
identified with the working load limit. Slings standards 364. Except
where otherwise required by these regulations, wire rope, alloy steel chain,
metal mesh, synthetic fibre rope and synthetic fibre web slings shall meet the
requirements of ASME B30.9-1990, "Slings". Inspection before
use 365. Slings
and attachments shall be visually inspected before use and defective equipment
shall be immediately removed from service. Storage 366. A
sling shall be stored to prevent damage when not in use. Knots 367. A
sling with a knot shall not be used. Sharp edges 368. Where
a sling is applied to a sharp edge of a load, the edge or the sling shall be protected
to prevent damage to the sling. Slinging loads 369. (1) A
sling shall be selected and used to prevent slipping or overstressing the sling
or the load. (2) A load consisting of 2 or more pieces of
material over 3 metres long shall be slung using a 2-legged sling arrangement
that is positioned to keep the load horizontal during the lift and each sling
shall be choked around the load with a double wrap. Multiple piece
lifts 370. For
each multiple piece lift, (a) each member of the lift that is being
delivered to a different spot shall be independently slung back to the main
load hook or master link using graduated length slings; (b) a lifted member shall not support another
lifted member; and (c) a crane equipped with power controlled
lowering shall be used. Below-the-hook
lifting devices 371. (1) A
spreader bar or other specialized below-the-hook lifting devices shall be
constructed, inspected, installed, tested, maintained and operated in
accordance with the requirements of ASME B30.20-1993 "Below-the-Hook
Lifting Devices" and its working load limit shall be certified by a
professional engineer or established by its manufacturer. (2) A spreader bar or specialized below-the-hook
lifting device shall display a nameplate or other permanent marking showing the (a) manufacturer's name and address; (b) serial number; (c) weight of the device where it weighs more than
45 kilograms; and (d) working load limit. Part of lifted
load 372. A
spreader bar and other specialized below-the-hook lifting device shall be
considered part of the lifted load. PART XVI Traffic control 373. (1) For
the purpose of this Part, "traffic control" includes (a) patrol vehicles; (b) traffic lights; (c) signs; (d) barricades; (e) cones; (f) detours; (g) traffic control persons; and (h) other techniques and devices necessary
according to the particular circumstances. (2) Where the movement of vehicular traffic
constitutes a hazard to workers, effective traffic control shall be provided. (3) Traffic control procedures shall at minimum
meet the requirements of the Department of Transportation and Works "Traffic
Control Manual for Roadway Work Operations" or procedures established by a
municipality that have been approved by the minister and all relevant specifications. (4) Notwithstanding subsection (3), an officer may
require those additional or alternate traffic control procedures and equipment
that are necessary in the particular circumstances. Traffic control
person 374. (1) A
traffic control person shall be employed (a) according to the criteria established by the
Department of Transportation and Works "Traffic Control Specification";
or (b) where required by an officer and where one may
be necessary under the particular circumstances. (2) A traffic control person shall (a) stand in a safe position, preferably on the
driver's side of the lane under the traffic control person's control, be
clearly visible, and have an unobstructed view of approaching traffic; and (b) be positioned at least 25 metres away from the
work area unless circumstances or space requirements, including working at or
near an intersection, dictate otherwise. (3) Where 2 or more traffic control persons are
working as a team, the employer shall ensure that one traffic control person is
responsible for traffic co-ordination and for the initiation of changes in the
direction of traffic flow in order to create a cycle which results in minimum
traffic delay and maximum protection for the workers. (4) Traffic control persons shall perform their
duties responsibly and in accordance with the Department of Transportation and
Works "Traffic Control Manual". (5) A person shall not work as a traffic control
person after Traffic control
signals 375. (1) An
employer shall ensure that where traffic control persons are working as a team,
methods of communication shall be determined and understood by personnel using
them before the commencement of the flagging operations. (2) Where traffic is diverted onto dusty surfaces,
good visibility shall be maintained by the suppression of dust through periodic
application of an approved substance. PART XVII Definitions 376. In
this Part (a) "adjacent to an excavation" means
within a distance less than or equal to the overall depth of the excavation
measured from a vertical line through the toe of the excavation face; (b) "construction project" means
erection, alteration, repair, dismantling, demolition, structural or routine
maintenance, painting, land clearing, earth moving, grading, excavating,
trenching, boring, drilling, blasting, concreting, installation of machinery or
other work considered to be construction by the minister; (c) "demolition" means the tearing down,
destruction, breakup, razing or removal of the whole or part of a building or
structure, or of free-standing machinery or equipment that is directly related
to the function of the structure; (d) "falsework" means structural
supports and the necessary bracing required for the support of temporary load
during construction; (e) "formwork" includes the foundation,
supporting structure, and mould into which concrete may be placed; (f) "tilt-up construction" means a system
of building construction in which concrete wall panels are placed in position
in the permanent structure and temporarily braced or supported; and (g) "trench" means an excavation less
than 3.7 metres wide at the bottom, more than 1.2 metres deep, and of any
length. Temporary floors 377. (1) During
the erection of a building or structure of skeleton construction, a temporary
floor, decking or formwork shall be installed at the main working level where
work is being done. (2) Where compliance with subsection (1) is not
practicable, a temporary floor or other effective means of protection shall be
installed not more than 2 levels or 8 metres below the main working level. (3) Subsections (1) and (2) do not apply to the
initial connection of structural members where it is not practicable to provide
a floor or decking. (4) A safe means of access and egress to a main
working level referred to in subsection (1) shall be provided. (5) A stairway comprised, at a minimum, of
framing, treads, midrail and a handrail shall be provided to each floor level
before construction of the next floor or deck surface is undertaken, and the
treads on the stairway shall not create a tripping or slipping hazard. Protection from
falling materials 378. (1) Where
falling material could endanger workers (a) the danger area shall be barricaded or effectively
guarded to prevent entry by workers, and conspicuous warning signs shall be displayed
on all sides and approaches; (b) adequate protective canopies shall be
installed over the danger area; or (c) adequate catch platforms or nets shall be
provided to prevent materials from falling into areas accessible to workers. (2) Temporary washroom facilities, offices and
similar structures on a construction site shall be (a) located outside areas where there is the
potential of being hit by falling materials; or (b) covered by adequate protective canopies. (3) Protective canopies shall be designed and constructed
to safely support all loads that may reasonably be expected to apply to them. Chutes 379. (1) Chutes
shall be provided where the free fall of materials or debris being removed
exceeds 6 metres. (2) Vertical chutes shall be completely enclosed
and have gates at each point of entry. (3) The discharge area of a chute shall be
barricaded or effectively guarded to prevent workers being injured by falling
or flying debris and conspicuous signs shall be posted near a chute outlet to
warn of danger. Chutes and hoists 380. The
roof edge about a chute, bitumen spout and material hoist shall have guardrails
meeting the requirements of sections 28 and 30 on each side of the work area. Glass panels 381. A
glass panel installed during construction shall be marked to clearly indicate its
presence or effectively guarded at the time of installation. Temporary support 382. During
the erection or dismantling of a structure or equipment, the employer shall
ensure that a partially assembled structure or component is to safely withstand
loads likely to be imposed on it. Supervision 383. (1) A
qualified supervisor shall supervise the erection and use of formwork and
falsework. (2) A worker shall be properly instructed on the
hazards that he or she may be exposed to and on the precautions to be taken
while around or on formwork or falsework. Concrete placing
hazards 384. (1) A
protruding end of reinforcing steel that is hazardous to a worker shall be removed
or effectively guarded. (2) Where a worker is required to be underneath
the formwork during a concrete pour or placement of another significant load,
the worker shall be restricted from the areas where the loads are placed. (3) A worker shall be restricted from the area
under a portion of formwork where a load or concrete has been placed until it
can be ensured that the formwork can withstand the load. (4) Placement of concrete or other loads shall cease
in the event of weakness, undue settlement or excess distortion of formwork and
may only restart after the formwork has been repaired or strengthened as specified
by a professional engineer. (5) A load shall not be applied to an uncured
concrete structure except where permitted by the erection drawings and
supplementary instructions.
Inspections 385. Immediately
before the placement of concrete or other loading, an employer shall ensure
that the concrete formwork and falsework is inspected by a qualified person. Pre-use
inspections 386. (1) An
operator shall inspect a concrete placing boom or mast and test its safety and
control devices before use on each shift and record the results of the inspection
and tests. (2) A defect found in the concrete placing boom or
mast shall be recorded and reported immediately to the supervisor or employer
who shall determine the course of action. (3) Where a defect may affect the safe operation
of the concrete placing boom or mast, the equipment shall not be used until the
defect has been remedied. Controls 387. A
control for a concrete placing boom or mast shall have its function clearly
identified. Emergency shutoff 388. A
concrete pump shall have a clearly labelled emergency stop switch near the
hopper. Agitator guarding 389. (1) Concrete
pump agitator guarding shall be maintained to the pump manufacturer's
specifications, with reasonable allowance for wear. (2) Bent bars in a concrete pump agitator grill
guard shall be repaired. (3) Concrete pump grill bar spacing may be
increased to a maximum bar spacing of 8 centimetres where (a) pumping concrete mixes with a slump of 5
centimetres or less; and (b) specific instructions are given to the crew
regarding the hazard present due to the larger openings in the grill guard. (4) The distance from the grill bars to the
concrete pump's agitator shall be at least 7.5 centimetres. (5) A concrete pump agitator grill guard shall be
hinged or bolted in place. (6) A person shall not stand on the grill when the
concrete pump or agitator is running. Concrete pump
lines 390. Where
the disconnection of concrete pump discharge line couplings could cause injury
to workers, the discharge line shall be guarded and the guards shall be
positioned so as to deflect a jet of concrete resulting from disconnection in a
safe direction. Equipment inspection 391. A
concrete placing boom and mast shall be (a) inspected in accordance with good engineering
practice at intervals not exceeding 12 months; (b) repaired where necessary; and (c) certified safe for use by a professional
engineer, the manufacturer or the manufacturer's authorized agent. Repair
certification 392. Replacement
parts used for repair of a concrete placing boom or mast shall meet or exceed
the original manufacturer's specifications or be certified by a professional
engineer. Restriction on
use 393. A
concrete placing boom or mast shall not be used to hoist loads. Operator's duties 394. The
operator of a concrete placing boom or mast shall (a) have full control of the pump and placing
equipment controls whenever the equipment is operating; and (b) not engage in other duties while operating the
concrete pump and placing boom or mast. Hopper signal
device 395. Where
a concrete placing boom operator is unable to see and monitor the hopper on the
concrete pump from every location the operator shall be present during the
pumping activity, there shall be a device at the hopper for the concrete
delivery truck driver and other workers to signal the pump operator in the
event of a problem at the pump or hopper. Underground utilities 396. (1) Before
excavating or drilling with powered tools and equipment, the location of all
underground utility services in the area shall be accurately determined and a
danger to workers from those services shall be controlled. (2) Excavation and drilling work in proximity to
an underground service shall be undertaken in conformity with the requirements
of the owner of the service. (3) Pointed tools shall not be used to probe for
underground gas and electrical services. (4) Powered equipment used for excavating shall be
operated so as to avoid damage to underground utility services and danger to
workers. Structural
integrity 397. (1) Where
a structure is to be demolished in whole or in part, the structure and all
adjoining structures, the integrity of which could be compromised by the
demolition, shall be supported to the extent and in a manner prescribed by a
professional engineer. (2) The design of the support system referred to
in subsection (1) shall include a schedule, based on the stages of demolition,
for installation of the components of the support system, and a copy of the
support system, design and schedule shall be available at the demolition site. (3) Where salvage is taking place before or during
the demolition process, the integrity of the structure shall be maintained. (4) Engineered demolition plans and designs shall
not be required where the nature and method of demolition will not endanger
workers or compromise the stability of adjoining grounds and structures. Hazardous
materials 398. Before
work begins on the demolition or salvage of machinery, equipment, buildings or
structures, the employer or owner shall (a) inspect the site to identify asbestos, lead,
biological or other heavy metal or toxic, flammable or explosive materials that
may be handled, disturbed or removed; (b) make the results of the inspection available
at the worksite, including drawings, plans or specifications showing the location
of hazardous substances; (c) ensure that hazardous materials found are
safely contained or removed; and (d) where hazardous materials that were not
identified in the inspection under paragraph (a) are discovered during demolition
work, ensure that all work ceases until those materials are contained or
removed. Disconnecting
services 399. Demolition
shall not proceed until all electric, gas and other services that may endanger
a worker have been disconnected as required by the owner of the applicable
utility. Glass removal 400. (1) Glass
in a building or other structure that could endanger workers shall be removed
before demolition commences. (2) Glass removal shall proceed in an orderly
manner from the top to the bottom of the structure. Stabilizing walls 401. Where
a dangerous or unstable wall is to be left standing, it shall be adequately
braced. Dismantling buildings 402. (1) During
the dismantling or renovation of a building or structure, materials of a size
or weight that may endanger workers shall not be loosened or allowed to fall,
unless procedures are used that adequately protect workers. (2) Demolition shall proceed in an orderly manner
from the top to the bottom of the structure. Stairways 403. Stairways,
complete with handrails, shall be left intact until access to the level served
by the stairway is no longer required. PART XVIII Definition 404. In
this Part, "excavation" means a cut, cavity, trench or depression in
the earth's surface resulting from rock or soil removal. Entrapment danger 405. (1) A
worker shall not enter a place where there is a danger of entrapment unless
safe access has been provided by catwalks, walkways or other acceptable means
or he or she wears retrieval equipment satisfying the requirements of Part XXVII
and is attended by another worker who is stationed, equipped and capable of
immediately effecting a rescue. (2) An area in which materials may be dropped,
dumped or spilled shall be barricaded and protected by warning signs to prevent
the inadvertent entry of workers. Pre-excavation
requirements 406. (1) Before
beginning excavation work with power tools or equipment in an area likely to
have underground conduits, cables or pipelines, the location of the service
facilities shall be accurately determined by the employer, marked by suitable
means and communicated to the employee. (2) Powered equipment shall not be used in a
manner that exposes workers to harmful effects resulting from the damage to
service facilities. (3) Trees, boulders or other unsecured material
located within 1.83 metres of the area to be excavated shall be secured or removed
before excavation begins. (4) A worker shall not enter an excavation over 1.22
metres deep unless (a) the sides of the excavation are sloped to a
safe angle and have been secured by the use of sheet piling, shoring and
bracing or a trench box; or (b) the worker is protected by other effective
means. (5) Added loads shall be considered in the design
of the support system where (a) equipment or other heavy objects are located
or operated close to the edge of excavations; (b) excavations are adjacent to or abutting
buildings or other structures; or (c) hazards are created by vibration from nearby
equipment or passing vehicular traffic. (6) Where there is a danger of undermining
adjacent foundations, excavation work shall be done in short sections and the
building walls shall be effectively shored or braced. Excavation or
access 407. (1) Where
a worker is required to enter an excavation greater than 1.22 metres deep, a
ladder shall be provided in the immediate area where the worker is employed,
extending from the bottom of the excavation to at least 0.91 metres above the
top of the excavation. (2) Walkways entering excavations shall be (a) not less than 50.80 centimetres wide; (b) equipped with guardrails when over 1.22 metres
above grade; and (c) provided with cleats when the grade is over 1/6. (3) A runway which is used by mobile equipment
shall be equipped with curbs. Removal of
material 408. (1) A
worker shall not permit excavated material to remain (a) within 1.22 metres of the edge of a trench-type
excavation; or (b) within 1.52 metres of the edge of a pit-type
excavation. (2) Where skips or buckets are used to remove
material from excavations, a horizontal shoring member shall be protected
against dislodgement by the installation of vertical planking. Faces and slopes 409. (1) Where
work is being carried on in an excavation (a) the slopes shall be scaled and trimmed or
otherwise stabilized to prevent slides of material or falls of rock; (b) overhanging banks and trees or stumps and overburden
shall be removed in the area within 5 metres from the edge of the excavation;
and (c) means shall be provided to prevent the erosion
of the slope by surface water. (2) Except where the minister, in writing, permits
otherwise, in a pit, quarry or similar excavation (a) the height of a face of which the material is
not at a safe angle of repose shall not be greater than the height which can be
safely reached by the equipment being used; (b) the bench height for sand, gravel and
unconsolidated materials shall not exceed 5 metres and, in any event, shall not
be higher than can be reached with equipment in use; (c) the method of mining by undercutting shall not
be used; and (d) in open pit mining, the height of benches
shall not exceed 20 metres and work shall be done in benches at an angle of
safety. (3) A worker engaged in scaling, sloping or
trimming banks or faces shall use a fall protection system that meets the
requirements of Part X. (4) Scaling and similar work shall be undertaken
from the top down and the areas into which material may fall shall be kept
clear of workers and equipment. Excavation safety 410. (1) Excavations
shall be guarded by effective railings or barriers to prevent workers from
falling in to excavations. (2) Subsection (1) does not apply to a pit created
to provide earth that can be used as fill at another site, referred to as a borrow
pit. (3) The accumulation of water in an excavation
shall be prevented by effective means. (4) Safety berms shall be installed along haulage
roads to pits and quarries and shall be at least half the height of the tire or
axel of the largest piece of equipment being used to haul materials. Underground workings 411. (1) In
an underground place of employment, including an excavation, natural entry,
tunnel, raise, shaft or chamber, that is not a mine within the meaning of the Mining Act, the employment of workers
shall be in accordance with (a) standard engineering practices for the type of
work being performed; (b) the applicable requirements of these
regulations; and (c) additional requirements that the minister may
consider necessary. (2) Where an employer proposes to use methods or
equipment that are new or do not comply with standard practices in underground
workings, he or she shall first submit details of the proposed methods and
equipment to the minister for approval and the submission shall include
evidence of engineering feasibility with respect to the safety of the workers. Internal
combustion engines 412. An
internal combustion engine fuelled by gasoline, naptha or liquified petroleum
gas shall not be operated in an underground project. Air quality 413. (1) An
employer shall ensure that (a) the respirable air in all underground workings
is free from hazardous amounts of dusts, vapours and gases, and does not contain
less than 20% oxygen; and (b) appropriate tests for harmful vapour, gases,
fumes, mists, dusts or explosive substances and oxygen deficiency are made and
recorded (i) before entry, (ii) after an interruption in the work procedures,
and (iii) at appropriate intervals. (2) An employer who employs workers at a mine or
quarry where silica is mined or quarried, or where it is present, shall comply
with the Silica Code of Practice. (3) The tests required under paragraph (1)(b)
shall be performed by a person who has appropriate training in the proper use
of testing and monitoring equipment. (4) A worker employed in surface rock-excavating
workings shall be protected from harmful dust concentrations by (a) the use of suppression; (b) dust removal by mechanical means; or (c) another acceptable engineering control. (5) Where a worker is exposed to dusting resulting
from loading, transporting or conveying rock at surface operations, the dust
shall be reduced to non-harmful concentrations by the application of water or
by other effective methods. (6) An employer shall ensure that dust caused by
drilling or handling rock at underground rock-excavating workings is effectively
suppressed by a means acceptable to
the division. (7) A rock drill, that is, a machine or device for
drilling a hole in rock for the purpose of blasting, usually powered by
compressed air but in which electricity or steam may be used, shall be equipped
with a water jet, spray or other device acceptable to the minister to effectively
suppress drilling dust. (8) Subsection (7) does not apply to hand-drilling
procedures. (9) A water spray shall be used in every
development heading unless written permission has been received from the
assistant deputy minister to work the heading without a water spray. (10) Effective dust-control measures shall be
employed during the handling and loading of broken rock. (11) Mechanical ventilation shall be provided to
produce a minimum air volume of 15.24 cubic metres a minute a square metre of
working face in the work area. Rock crushing control
measures 414. Rock-crushing
plants shall be equipped with dust controls and (a) rock crushers, including jaw, roll, cone or
hammermills shall have an adequate mechanical exhaust system; (b) the screen discharge hopper shall be enclosed
and shall have an adequate mechanical exhaust system or an adequate water spray
system; (c) screens shall have partial covers and shall
have an adequate mechanical exhaust system or an adequate water spray system; (d) material-transfer points shall have an adequate
mechanical exhaust system or an adequate water spray system; and (e) discharge from a mechanical exhaust system
shall be located to prevent the recirculation of contaminated air to areas occupied
by a worker. Diesel engines
underground 415. (1) Where
diesel engines are used underground, mechanical ventilation shall effectively
ventilate all work areas. (2) Where a diesel engine is used (a) it shall be equipped with suitable exhaust-gas
conditioners which are properly maintained and regularly serviced; (b) gasoline or other highly volatile fuels shall
not be used with a starting mechanism or device; (c) instructions shall be issued to all workers to
shut down all engines immediately where ventilation ceases to function, and to
keep the engines shut down until ventilation is again made effective; and (d) a fire suppression system, suitable for
extinguishing oil fires shall be provided for each engine. (3) Tests for carbon monoxide and nitrogen dioxide
shall be conducted by a qualified person at least weekly. (4) Where a diesel engine operates underground,
records shall be maintained and be accessible to all workers concerned and
shall include (a) inspection and certification of each shift for
the condition of the diesel engine and exhaust-gas conditioner; (b) gas inspection tests made for carbon monoxide
and nitrogen dioxide, including the time and location of tests; (c) at least once a week, or where directed by the
officer, the volume of ventilating air delivered to each underground heading; (d) tests for combustible gas, including location,
time and results as directed by an officer; (e) an unusual occurrence of findings or action;
and (f) the signature of the worker recording each
entry. Falling ground 416. (1) The
walls, roof and face of an underground working shall be kept free of loose or
fissured rocks and stones, and ground support shall be installed where necessary. (2) An adequate supply of properly dressed scaling
bars or other scaling equipment shall be available at the worksite for scaling. PART XIX Definitions 417. In
this Part (a) "blaster" means a person who holds a
valid blaster's journey person certificate granted by the province; (b) "blasting activity" includes
storing, handling, transporting, preparing and using explosives, and drilling
conducted at a blasting area or in relation to the use of explosives; (c) "blasting area" means the zone extending
at least 50 metres in all directions from the place in which explosives are prepared,
handled or loaded for firing, or in which misfired explosives exist or are
believed to exist and from which hazards shall be excluded to avoid an
accidental explosion; (d) "blasting machine" means an
electrical or electro-mechanical device which provides electrical energy for the
purpose of energizing electric detonators and electrical circuits for continuity,
resistance, stray currents and other pertinent measurements; (e) "blasting switch" means a device
used to permit the firing of electric blasting circuits from power lines and constructed
so that the door may be closed and locked with the switch in the
"OFF" position; (f) "danger area" means the zone in
which there exists a possibility of hazard to person or property from fly rock,
fume, air blast or ground vibrations; (g) "day box" means a portable unit used
for keeping explosives in during the day and which meets the requirements of
"Storage Standards for Industrial Explosives" published by the
Explosives Division of Natural Resources Canada; (h) "detonator" includes electric
blasting caps of instantaneous and delay types, blasting caps for use with
safety fuses, detonating cord, delay connectors and non-electric instantaneous
and delay blasting caps which use detonating cord, shock tube, gas tube and
another replacement for electric leg wires and another similar device; (i) "explosive" means a substance,
including a detonator or primed explosive, that is manufactured or used to
produce an explosion by detonation or deflagration and that is regulated by the
Explosives Act (Canada), but does not
include ammunition for weapons or fireworks; (j) "extraneous electricity" means unwanted
electrical energy greater than 50 milliamps that is present at the blasting
area that could enter an electric blasting circuit including stray current,
static electricity, radio frequency energy and time-varying electric and
magnetic fields; (k) "magazine" means a fixed unit used
for the unattended storage of explosives overnight and which meets the requirements
of the "Storage Standards for Industrial Explosives" published by the
Explosives Division of Natural Resources Canada; (l) "misfired hole" means a charge of
explosives in a hole or part of a hole which has failed to fire as planned and
"misfire" has a corresponding meaning; (m) "prime charge" means to position a
detonator for use in firing an explosive charge; and (n) "primed explosive" means an
explosive containing a detonator. Employer's responsibility 418. Nothing
in this Part relieves an employer of the responsibility (a) to provide adequate direction and instruction
of workers and to assign work only to those workers who are qualified; (b) to ensure that measurement of air volume is
taken at the end of the ventilation duct near the working face underground and
that records are maintained of all air-volume measurements; and (c) to ensure that a worker does not return to the
scene of a blasting operation until the air contaminants have been reduced to
concentrations below their respective threshold limit values and the concentration
of oxygen is at a respirable level. Role of certified
blaster 419. (1) Blasting
shall be performed under the direct supervision of a blaster who is present at
the project and who holds a valid blaster's journey person certificate which
authorizes the performance of the particular type of work that the blaster is
to conduct or supervise. (2) Direct supervision under subsection (1)
includes a requirement that the blaster have a direct line of sight of the work
area. (3) The site supervisor shall consult with a
blaster so that both are aware of all work being conducted in a blasting area
and no work shall be conducted in a manner which creates risk of an accidental
explosion. (4) Where more than one blaster is involved in a
blasting operation, an employer shall (a) before the commencement of the blasting
operation, designate one blaster who shall have principal responsibility for
the blast; (b) ensure that all persons in the blasting area
are advised of the identity of the principal blaster; and (c) ensure that all blasters and supervisors
performing or directing the work in a blasting area consult sufficiently to
coordinate the safety of the activity. (5) A person, other than a blaster, shall not (a) prime a charge; (b) make a connection which leads or which may lead
from the explosive charge to a blasting machine, a blasting switch, safety fuse
or a shock tube initiating system including a NONEL; (c) connect a delay or sequencing device or
program the delay or sequence for the blast; or (d) fire an explosive charge. (6) An explosive charge shall not be fired until
the blaster or principal blaster, where one is designated, has ensured that the
placement of the charge and all other features of the blasting activity are
adequate to ensure the safety of persons at or near the workplace. Security and
report requirements 420. (1) Only
a person authorized by the employer shall have access to the explosives. (2) A theft or attempted theft of explosives shall
be reported by the employer to the minister immediately upon becoming aware of
the theft. (3) An employer shall immediately notify
and
send written notice within 24 hours to the minister when a blasting
accident occurs in which a personal injury is sustained or where there is an
unusual occurrence in which explosives are involved, whether or not personal injury
is sustained, together with the blaster's journey person safety certificate of the
blaster involved. (4) A report referred to in subsection (3) shall
contain (a) the names and certificate numbers of all
blasters involved; (b) the names and occupations of injured workers; (c) the type of explosives, detonators and
blasting machines used; (d) a factual account of the events relating to
the accident; (e) date, time and location of the accident; and (f) the action taken by the employer. (5) The minister shall determine from the circumstances
of the incident what action shall be taken, including whether the blaster's journey
person safety certificate required under subsection (3) may be returned to the
blaster. Examination 421. A
thorough examination shall be made after charges have been fired and before
drilling recommences to ascertain that no unexploded charges remain. Records 422. (1) A
field journal or equivalent record shall be provided at the blasting site and
the blaster in charge shall record the results of his or her examination on it. (2) An employer shall ensure that a blaster keeps
an updated field journal or equivalent record. (3) A blaster shall keep blasting records for 5 years
following a blast, and shall keep his or her records available for inspection
by an officer or employer at all reasonable times. (4) An employer shall ensure that the employee in
charge of explosive magazines maintains an inventory record, available to an
officer, that records, for each magazine, the amount of detonators and other explosives
stored in the magazine for at least the 3 previous years and a copy of the
inventory record shall be kept at a place other than in the magazine. (5) The inventory record referred to in subsection
(4) shall include the following information: (a) for the detonators, the period, leg wire
length and series; and (b) for other explosives, the type of explosives. Suspension or
seizure of certificate 423. (1) Where
the holder of a blaster's certificate has failed to comply with (a) a blasting requirement of these regulations; (b) the manufacturer's recommendations; or (c) recognized safe blasting practices, the employer shall immediately investigate
the incident and may suspend the blaster from performing the duties of a
blaster. (2) The employer shall submit a report of the
investigation carried out under subsection (1) to the minister. (3) The minister may seize a blaster's certificate
where he or she has reason to believe that the safety of a person has been or
may be endangered by the blaster and the seizure of the certificate shall continue
until the minister determines the action to be taken. Custody of certificates 424. A
blaster shall (a) retain his or her blaster's journey person certificate
and keep it in a safe place at the workplace while carrying out his or her
duties; and (b) upon the request of an officer, produce his or
her blaster's journey person certificate. Day box or magazine 425. (1) A
day box or magazine shall be licensed according to applicable legislation. (2) A day box shall have "Explosives"
marked conspicuously on it where required by an officer. (3) The ground within at least 10 metres of a
magazine or day box shall be kept clear of long grass, brush and other readily
combustible or flammable materials. (4) A magazine or unattended day box containing a
detonator shall not be placed within 50 metres of a magazine or day box containing
another explosive except where an officer authorizes a lesser distance. (5) A detonator shall not be placed in (a) a magazine or day box with other types of explosives;
or (b) a compartment of a vehicle with another
explosive unless they are separated by use of a day box and unless there is
compliance with all applicable legislation respecting the transportation of
explosives. (6) An explosive shall be attended at all times by
a person authorized by the employer unless it is placed in a locked day box or
locked magazine. Prohibitions 426. (1) A
person shall not smoke, and an open flame or article liable to spontaneously
ignite or likely to cause an explosion or fire is not permitted within 10
metres of an explosive, magazine, day box or blasting area. (2) Tools or other implements used to open containers
of explosives shall be made of non-sparking material. (3) A person shall not prime a charge in an area
where explosives are stored. (4) A person shall not carry an explosive in his
or her clothing. Storage and handling 427. (1) The
handling and transport of explosives shall be conducted in accordance with the applicable
provisions of the Explosives Act ( (2) Explosives shall be stored, handled and used
in the manner recommended by the manufacturer. Transportation 428. (1) A
passenger, other than a person assigned to assist in handling explosives, shall
not be permitted in a vehicle which is transporting explosives. (2) A vehicle used to transport explosives shall
be in sound mechanical condition, suitable for and capable of safely
transporting explosives. (3) Reasonable quantities of flammable or
combustible materials may be carried by a conveyance transporting explosives provided
that those materials are contained in a manner which does not cause or transmit
fire in an explosion and are adequately separated from explosives containers on
the conveyance. (4) Where equipment, including a drilling rig, is
located in a blasting area, sufficient precautions, including ensuring adequate
traction and stability, shall be taken to prevent toppling, sliding, or other
unplanned movement of the equipment. Drilling 429. (1) A
drill hole shall be of a sufficient size to admit the free insertion of
explosives to the bottom of the hole without ramming, pounding or undue
pressure. (2) Drilling shall not be done in a previously
blasted area until the surface to be drilled is carefully examined for remnants
of explosives or holes containing explosive materials. (3) Where a remnant or a hole containing
explosives is found, this explosive shall be dealt with as a misfire before
drilling commences. (4) Drilling shall not be done closer to a part of
a hole containing an explosive than the distance equal to half the total depth
of the hole being drilled and in no instance closer than 6 metres from a part
of a hole containing an explosive. (5) Notwithstanding subsection (4), where (a) a blaster determines that a particular misfire
cannot be more safely treated by another means and it is necessary to drill an
adjacent hole in a manner inconsistent with subsection (4); (b) the nature of the ground being drilled makes
it necessary to load a hole immediately after it is drilled and to subsequently
drill an adjacent hole in a manner inconsistent with subsection (4); (c) a loaded hole caves in and a blaster
determines that the unexploded hole cannot be reprimed or otherwise more safely
treated, and it is necessary to drill an adjacent hole in a manner inconsistent
with subsection (4); or (d) it is necessary to use a drill to remove
obstacles from a previously drilled hole which does not contain explosives and
to do so would be inconsistent with subsection (4) a written safe work procedure, developed
in consultation with a blaster, shall be followed where the employer has
notified the minister in writing that the safe work procedure is being implemented,
including the reason for its implementation. (6) The safe work procedure referred to in subsection
(5) shall be authorized in writing by the minister before the commencement of
the work. (7) Where a safe work procedure referred to in subsection
(5) is implemented, the details of the procedure and the reasons for its implementation
shall be communicated to persons remaining in the blasting area who shall
adhere strictly to its terms. Handling in
special circumstances 430. (1) Explosives
affected by cold temperatures shall only be used as recommended by the
manufacturer. (2) Waste and deteriorated, damaged or time-expired
explosives shall be destroyed promptly by (a) a blaster; (b) a representative of the explosive manufacturer;
or (c) a qualified member of the Royal Canadian
Mounted Police, the Department of National Defence, the Explosives Division of
Natural Resources Canada or the Royal Newfoundland Constabulary using methods
approved by the manufacturer. Preparing the
blast loading 431. (1) A
detonator shall be kept and handled separately from other types of explosives
until the last practicable moment when the blaster primes the charge. (2) A hole shall not be loaded with an explosive
before it is necessary before firing. (3) A nitroglycerine-based product shall not be
unwrapped. (4) A non nitroglycerine-based product shall
remain in its original wrapping until the last practicable moment before use. (5) An electric detonator shall be kept shunted or
short circuited until it is used, except during the testing of the detonator. (6) An employer shall ensure that tamping rods and
other similar devices are made of wood or other non-sparking materials. (7) Primed explosives shall not be slit or tamped. (8) Undue pressure or pounding shall not occur
during tamping. (9) Where pneumatic loading of ammonium nitrate
and fuel oil occurs, only a semi-conductive hose shall be used and the loader
shall be effectively grounded and the bottom priming of drill holes shall be
done with non-electrical initiation. (10) A blaster, using a blasting meter, shall
personally test the continuity of a loaded hole containing an electric
detonator before the hole is stemmed with a suitable material. (11) An explosive charge shall not be connected to another
or by a means of initiation, including detonating cords, until the last practicable
moment before firing. Safety fuse 432. (1) Only
a federally authorized safety fuse assembly shall be used and fuse capping is
not permitted. (2) A safety fuse assembly shorter than one metre
shall not be used. (3) Where it is necessary to fire more than one
safety fuse assembly at a time, only one igniter cord or approved equivalent
shall be lit. Loaded holes 433. (1) The
location of a loaded hole shall be visually identified by either placing
individual markers at the hole or marking off the perimeter of the area containing
loaded hole by a display of warning tape or other highly visible indicator. (2) A hole which has been loaded, but not fired by
the end of the working day, shall not be left unattended, whether primed or not. (3) A worker shall be posted to ensure that a hole
is not tampered with when the work crew is absent from the site. (4) Security procedures shall be used to prevent
access to a loaded hole by a person who has not been authorized by the blaster.
Restrictions 434. (1) A
vehicle or other mechanical equipment shall not be driven or moved over an
explosive, a blasting accessory or a hole containing an explosive. (2) A blaster shall ensure that unused explosives and
detonators are returned to the day box or magazine before the blast is initiated. Electrical
initiation 435. (1) Where
there is danger from extraneous electricity, a blasting operation shall be
fully non-electric. (2) A blasting operation or handling of an explosive
shall not be carried out on the approach of or during an electrical storm and
persons shall remain outside the danger area at that time. (3) To minimize hazards from radio frequency
energy, electrical blasting shall not be carried out at a distance from a transmitter
less than shown in Table 1 or Table 2, whichever is applicable: Table 1
Table 2
(4) An employer shall ensure that during the
commencement of a blasting operation and while it is in progress (a) where it is an electric blasting operation, a sign
bearing the words "Blasting Operations, Turn Off Radio Transmitter" is
posted on all public roads leading to a blasting area and is visible to persons
entering the area; or (b) where it is a fully non-electric blasting
operation, a sign bearing the words "Blasting Operations" is posted
on all public roads leading to a blasting area and is visible to persons
entering the area; and (c) a sign bearing the words "End of
Blasting" is posted on all public roads leading from a blasting area and
is visible to persons leaving the area. (5) A sign required under subsection (4) shall
have letters not less than 15 centimetres high on a contrasting background and
shall be 90 centimetres wide and 120 centimetres tall. (6) Where a sign referred to in this section is
required to be visible to persons entering a blasting area, it shall be located
at a distance from the blasting area of (a) 100 metres where the speed limit on the road
is 50 kilometres an hour or less; or (b) 300 metres where the speed limit on the road
is greater than 50 kilometres an hour. (7) An employer shall ensure that a sign required
under this section is removed or covered when the blasting operation is completed. (8) In addition to the other requirements of this section,
the following precautions shall be adopted to reduce the potential hazards of
electrical blasting near radio frequency energy sources: (a) mobile transmitters shall be kept away from
the blasting area and where absolute control cannot be exercised, warning signs
shall be posted to remind vehicle operators to turn off transmitters and, where
necessary as determined by the blaster, flagmen shall be posted to instruct
operators accordingly; and (b) blasting circuits shall be kept on the ground
and bare connections shall be elevated sufficiently to prevent current leakage. Pre-firing 436. (1) An
electric blasting circuit shall be tested personally by a blaster with a
blasting meter to ensure that readings are consistent with the values
calculated for the blast before the lead wire is connected to the blasting
machine or blasting switch. (2) The connection of the lead wires to the
blasting machine or blasting switch shall be the last connection made before
the blast. (3) Only a blasting machine or blasting switch
shall be used to fire an electric circuit. (4) A blaster shall ensure that the capacity of
the blasting machine as designated by the manufacturer is not exceeded. (5) An employer shall ensure that a blasting
machine is maintained in good working order and is inspected at least once
every 12 months by a service representative authorized to work on the machine
by its manufacturer or approved by the minister. (6) Records verifying the condition of the blasting
machine at the time of the annual inspection shall be kept by an employer until
the next annual inspection. Protection 437. (1) An
employer shall take precautions to ensure that persons and property at or near
the workplace are protected and that hazards of flying material, airblast,
ground vibration or fumes from the blast are minimized. (2) Where there is a danger to the safety of
persons or property, a blasting mat of adequate size and strength or adequate
cover shall be used. Firing 438. (1) A
blasting machine shall not be used to fire an explosive charge unless it is
designated and approved by the manufacturer for the sole purpose of energizing
electric detonators. (2) After blasting by electricity, a blaster shall
not allow another person to enter a place where charges have been fired until
he or she has (a) disconnected the firing cables from the
blasting machine; (b) short-circuited the lead wires; and (c) personally examined the blasting area and
given permission for work to proceed. (3) A blasting meter shall not be used to take measurements
pertinent to blasting unless it is approved and designed by the manufacturer
for that sole purpose. (4) Electric blasting circuits shall not be fired
from a power transmission line unless a blasting operation is conducted in underground
tunnelling and a blasting switch is used. (5) A blasting switch shall not be used for firing
electric blasting circuits from a power line unless it is approved and designed
by the manufacturer as suitable for that purpose and constructed so that the
door may be closed and locked with the switches in the "OFF" position. (6) A blaster shall ensure that the blasting
switch is kept locked and inaccessible until it is required to fire the
explosive charge. (7) Where an electrical power transmission line is
present and electric blasting initiation is to be used, a cable used to fire
the blast shall be anchored securely to avoid being thrown into contact with
the power lines. (8) An employer shall ensure that empty explosive
cartons and boxes are (a) collected from the site before blasting; and (b) appropriately disposed after the blasting is
completed. (9) Before firing, a blaster shall ensure that (a) sufficient audible and visual warning is given
to persons in or near the danger area; (b) roads and approaches to the danger area are
guarded or barricaded in order to prevent anyone from entering; (c) machinery and equipment is clear of the
effects of the blast; and (d) persons in the vicinity have moved to a safe
distance. Post-firing 439. (1) Immediately
after firing electrically, a blaster shall disconnect and shunt or short
circuit the lead wires from the blasting machine or the blasting switch and
pull out and lock a blasting switch. (2) After firing the blast, a blaster shall make a
thorough inspection of the site, and after ascertaining that no unexploded
charges remain, shall permit other employees to return to work or allow traffic
to proceed. (3) An employer shall ensure that loose rocks are
scaled off the faces of excavations and removed from the crest after completion
of the blasting operation and before work is resumed. Unique blasting
operation 440. (1) An
employer shall ensure that, in addition to the requirements of these
regulations, a safe work procedure is developed for the use and handling of
explosives in the following circumstances: (a) in a confined space other than underground; (b) underwater; (c) for demolition of above-ground buildings,
stacks, or other structures including beaver dams; (d) for ice control; (e) in theatrical applications where the special
effects are explosives other than fireworks; (f) for oil and gas well control; (g) where black powder is used; or (h) at the request of an officer who concludes
that a procedure involves an unusual use of explosives in the operation. (2) In the case of a conflict between the safe
work procedure referred to in subsection (1) and these regulations, these
regulations shall apply. Seismic blasting 441. (1) Where
seismic blasting is carried out in an isolated location, loaded holes may be
left unattended only where the blaster has first ensured that (a) leg wires are shunted together; (b) drill cuttings are spread out and levelled; (c) leg wires are coiled as close to the ground as
possible while not exceeding 15 centimetres above the ground level; and (d) holes are suitably user identified, recorded
in the blasting log and blasted within 30 days. (2) In a seismic blasting operation the firing
line may be left connected to the firing switch and disconnected at the hole
where a recorder can confirm complete detonation. (3) A misfired or unfired charge in a seismic
blasting operation, may be left unfired only where (a) it cannot be conventionally and safely detonated; (b) it is in an isolated location and at least 6
metres deep; and (c) its location is effectively marked. (4) A seismic water tank truck with open flame
water heaters shall not be used to transport explosives unless (a) the distance between the heat tube and the
outside of the tank is at least 35 centimetres; (b) the heater, where woodburning, has a fire box
of a type that fully contains the fuel and 2 dampers mounted in the heat tube,
one at the vent end and the other at the fire box, so the flame may be shut in
instantaneously in the event of an accident; and (c) the detonator storage is located on the
opposite side of the vehicle from the explosive magazine and both are built to
type 6 magazine standard. (5) In a seismic operation where there is no alternate
route, a vehicle may be driven over a loaded hole where (a) bypassing the hole is not practicable; (b) operational planning minimizes the requirement
to travel through a loaded area; (c) safe work procedures are developed and
communicated to workers before work is started; (d) loaded holes comply with subsection (1); (e) explosive charges are at a minimum depth of 6
metres; (f) radio transmission equipment is turned off or
transmission capability is disabled by disconnecting the microphone; and (g) electrical equipment, including cellular
phones and other types of mobile telephone equipment which continuously
transmit a radio signal when turned on shall be turned off when driving over a
loaded hole. Misfire 442. (1) Where
a charge has misfired or is suspected of having misfired, a person shall not
move about the danger area until the expiry of the required waiting time in subsection
(2). (2) Where a charge has misfired or is suspected of
having misfired, a blaster shall (a) where using a safety fuse, wait 30 minutes
after the last charge was due to explode before entering the blasting area; (b) where using a means of initiation other than a
safety fuse, wait 10 minutes after the last charge was due to explode before entering
the blasting area; and (c) where using an electric detonator, immediately
disconnect the firing cable from the blasting machine or blasting switch and
shunt the lead line and at the end of the required waiting
time, approach the misfired hole to assess the potential hazard. (3) Where there is a misfire or a suspected
misfire, a person shall not use metallic equipment in a blasting area until a
blaster has inspected the site and authorized the use of the equipment and the
following procedure shall be used: (a) the site shall be fully illuminated; (b) the work shall be directly and constantly
supervised by a blaster; and (c) precautions shall be taken to prevent injury
from accidental explosion. (4) An employer shall ensure that a misfire is
treated at a safe and suitable time under the direction of a blaster in order
to ensure the removal of hazards from the misfire in a manner that complies
with these regulations. (5) A blaster, in consultation with a supervisor,
shall determine the safest and most practicable means of treating a misfire, either
by reblasting or otherwise, and shall ensure compliance with these regulations. (6) An employer shall, where practicable, ensure
that the cause of a misfire is established and that corrective action is taken
to prevent recurrence. PART XX Fire protection 443. (1) The
design and occupancy of structures and the provision of fire alarm and
detection equipment and fire protection equipment, in places of employment,
shall comply with the Fire Prevention
Act, 1991 and an employer shall ensure that work is carried out according
to the applicable provisions of that Act and the National Fire Code. (2) Fire alarm and detection equipment and fire
protection equipment shall be maintained according to the manufacturer's instructions
and any other requirements of provincial legislation. (3) An employer that has (a) controlled products as defined in the Workplace Hazardous Materials Information
System (WHMIS) Regulations; (b) explosives; (c) pesticides; (d) radioactive material; (e) consumer products; or (f) hazardous waste in quantities which may endanger fire-fighters
at a workplace shall ensure that the local fire department is notified of the
nature and location of the hazardous materials or substances and methods to be
used in their safe handling. (4) Subsection (3) does not apply to a workplace: (a) where materials are kept on site for less than
5 days, where the employer ensures that an alternate and effective means of
notification of the fire department, appropriate to the hazard, is in place in
the event of a fire or other emergency; or (b) which is not within the service area of a fire
department. Fire and
explosion 444. (1) Where
a worker is employed in or about a bilge, tank, compartment or cargo space of marine
equipment or in an area where there is a possibility of the presence of a volatile
or flammable substance, gas or vapour, an employer shall institute a system of
inspections and tests to determine the presence of that substance, gas or
vapour before work is commenced. (2) Where a volatile or flammable substance, gas
or vapour is present or arises from the work process, the hazard shall be
removed or controlled by ventilation or other effective means. (3) Where work or manufacturing processes involve
the use of a flammable liquid, vapour or gas, the concentration of the liquid,
vapour or gas in the work area shall be maintained below the lower explosive
limit (LEL) of the substance involved. (4) A container used to carry, transfer, or store a
flammable solvent shall meet the requirements of the (5) Waste material contaminated with a solvent,
oil, grease, paint or other flammable substance shall be placed in covered
metal containers before disposal and shall not be stored in work areas. (6) Where a volatile or flammable substance, gas
or vapour is present, or arises out of material or equipment or from a work process,
existing or potential sources of ignition shall be controlled or eliminated. (7) For the purpose of subsection (6), a source of
ignition includes an open flame, spark-producing mechanical equipment, welding
and cutting processes, smoking, static discharge, electrical equipment or an installation
that is not approved for hazardous locations, as specified by the Canadian
Electrical Code. (8) Where work involves more than one employer, a
principal contractor shall ensure that sources of ignition resulting from the
work of one employer are eliminated or adequately controlled where a flammable
gas or a flammable liquid is handled, used or stored by another employer. Trucks loading
and unloading 445. (1) A
truck shall be electrically bonded and grounded when loading and unloading bulk
petroleum products. (2) A vehicle shall not be started or have its
motor running in a loading area where a tank truck containing a flammable
vaporizing liquid is being connected or disconnected. (3) Where a tank truck is being loaded through a
dome hatch and it is necessary to observe the fluid level, (a) a platform shall be provided for the loader; (b) shut-off controls shall be located at the platform;
and (c) approved illumination shall be provided during
the hours of darkness. Combustible substances 446. (1) Where
a work process releases finely-divided combustible dust within an enclosed area
where workers are employed, effective dust control equipment shall be used. (2) A collector of combustible dusts, other than
that of the liquid spray type, shall be (a) located outside or in isolated enclosures
removed from or protected against sources of ignition; and (b) provided with explosion relief vents. (3) Electrical wiring and equipment in a combustible
dust collector and associated rooms or enclosures shall be of the explosion-proof
type. (4) Where combustible dust collects in a building,
structure, machinery or equipment, it shall be removed before the accumulation
of the dust creates a fire or explosion hazard. Combustible gas propellants 447. Combustible
gas or vapour shall not be used as a propellant for spray coatings. Hot work 448. Fire
suppression equipment shall be readily available and appropriate to the
potential loss exposure at a location where hot work takes place. PART XXI Gas welding and
burning 449. (1) Welding,
cutting, and similar processes shall be carried out according to the
requirements of (a) (b) the manufacturer's instructions and
recommendations for the equipment being used; and (c) the applicable requirements of these
regulations. (2) Cylinders, piping and fittings of compressed
and liquefied-gas systems shall be located or protected in a manner that
prevents physical damage to them. (3) A worker shall prevent a spark or flame from
coming into contact with a cylinder, regulator or hose of a compressed-gas
system and charged gas cylinders shall be protected from a source of heat in
excess of 54.44° Celsius. (4) Before gas-welding or burning equipment is put
into use, a worker shall ensure that parts are free from defects, leaks or oil
and grease and only standard fittings, designed and manufactured for the specific
compressed gas service shall be used. (5) A regulator or an automatic reducing valve of
welding equipment shall only be used for the gas for which it was designed. Compressed gas
cylinders 450. (1) A
compressed gas cylinder (a) shall be (i) secured during storage, transportation or use,
and (ii) stored, transported and used only in
accordance with the manufacturer's instructions, applicable (b) shall not be hoisted by slings, dropped or
subjected to impact. (2) A cylinder valve shall be closed and a hose
drained when work is finished or when a cylinder is empty, and a valve protection
cover shall be kept in position when a cylinder is not connected for use. Oxygen 451. A
worker shall not (a) permit oil or grease to contact an oxygen
cylinder, valve, regulator or other fitting; or (b) handle an oxygen cylinder or apparatus with
oily or greasy hands or gloves. Radiation protection 452. (1) Arc
welding shall not be carried out unless a worker who may be exposed to
radiation from the arc flash is protected by an adequate screen, curtain or
partition or wears suitable eye protection. (2) A screen, curtain or partition near an arc
welding operation shall be made of or treated with a flame-resistant material
or coating, and have a nonreflective surface finish. Burning and welding 453. (1) Burning,
welding or other hot work shall not be done in an area where there is a
likelihood of the presence of flammable substances until (a) tests have been done to ensure that work may
be safely performed; and (b) suitable procedures have been adopted to
ensure that all existing or potential sources of ignition have been eliminated
or effectively controlled. (2) Where testing procedures are used, tests shall
be conducted at intervals to ensure the continuing safety of workers. (3) Burning, welding or cutting shall not be done
where there is a danger of extreme heat coming into contact with a concrete
surface unless that surface is protected from the source of heat. (4) Suitable safety devices to prevent reverse gas
flow and to arrest a flashback shall be installed according to the manufacturer's
instructions on each hose in an oxygen system between the torch and the
regulator. Ventilation 454. Effective
local exhaust ventilation shall be used at a fixed work station to minimize
worker exposure to harmful air contaminants produced by welding, burning or
soldering. Coatings on
metals 455. A
coating on metal which could emit harmful contaminants, including lead,
chromium, organic materials, or toxic combustion products shall be removed from
the base metal, whenever practicable, before welding or cutting. Receptacles for
stubs 456. Receptacles
for electrode stubs shall be provided and used. Respiratory protection 457. Respiratory
protective equipment shall be provided and worn where an effective means of
natural, mechanical or local exhaust ventilation is not practicable. PART XXII Access, egress
and movement 458. (1) All
workplaces shall have safe and appropriate means of access and egress. (2) Work areas shall be arranged to allow the safe
movement of workers, equipment and materials. (3) An aisle or passageway designated for pedestrian
traffic shall be clearly indicated by markings or other means and, where practicable,
floor or grade markings shall be used. (4) Practical means of emergency escape shall be
provided from a work area in which work processes could create an immediate
threat to workers, and where regular means of egress could be rendered dangerous
or unusable. (5) A walkway shall not be less than 50.80
centimetres wide and shall be accessible by means of a fixed ladder or stairway. (6) A curb shall be installed on an elevated
thoroughfare to prevent equipment from running off the open edge of the
thoroughfare. Exits and doors 459. (1) An
emergency exit shall be designed and marked to provide quick and unimpeded
exit, and periodic emergency drills shall be held to ensure workers' awareness
of the availability of the exits. (2) A door shall not open directly onto a
stairway, but shall open onto a floor or a landing having a width that exceeds
the swing of the door. (3) A double-acting swing door shall be designed
and installed to permit an adequate view through the door where the door presents
a safety hazard. (4) A transparent glass door or a glass panel that
extends less than 30.48 centimetres from the floor and which could be mistaken
for a doorway, shall be constructed of laminated, tempered or wired safety
glass meeting the requirements of the National Building Code of Canada. (5) Subsection (4) does not apply where the glass
is fitted with bars, or other devices or markings which clearly indicate the
presence and position of the door or panel. Stairs 460. (1) A
flight of stairs with more than 4 risers shall be equipped with handrails as
follows: (a) on all open sides of stairway; (b) on one side of an enclosed stairway 1.12
metres in width; and (c) on both sides of enclosed stairways over 1.12
metres wide. (2) The height of the upper surface of a stair
rail from and perpendicular to the forward edge of the tread shall be not less
than 91.44 centimetres and not more than 1.07 metres. PART XXIII Definitions 461. In
this Part (a) "lifejacket" means a device that,
when worn correctly, provides a specified buoyancy that turns the wearer face-up
on entering the water and keep him or her in this position; (b) "master" means a person in overall
command of a commercial fishing vessel but does not include a pilot; and (c) "personal flotation device" means a
device that, when worn correctly, provides a specified buoyancy to support a conscious
person in an upright or backward leaning position, but is not designed to turn
a person from a face-down to a face-up position in the water. Wharves,
platforms, etc. 462. (1) Floors, platforms and decks of wharves
and floating equipment shall be kept in good repair and free from hazards. (2) Clear passageway shall be provided on a wharf
deck in an area where lines may be handled. (3) Curbs and bullrails shall be installed on open
sides of floats, docks, wharves, piers and other areas where mobile equipment
is used. (4) Curbs or bullrails shall be of substantial
construction and shall be a height of at least 25.40 centimetres above the deck
level. Ladders and gang
planks 463. (1) A
dock, wharf or pier shall be provided with ladders regularly spaced at
intervals not exceeding 30.5 metres about its perimeter and which extend from
the deck to at least one metre below water level. (2) A fixed or portable ladder, gangplank or other
safe means shall be provided and used where necessary to board and leave floating
equipment. (3) Portable means of access shall be secured to
prevent dislodgement. (4) A gangplank shall be provided with a guardrail
in accordance with section 28, and where
practicable, equipped with intermediate rails. (5) The surface of a gangplank shall be provided
with a means to prevent slipping. Lifesaving equipment 464. (1) Appropriate
lifesaving equipment shall (a) be provided and maintained for the rescue of a
worker in danger of drowning; and (b) be positioned at intervals not exceeding 50 metres
in conspicuous locations as near as practicable to the danger area. (2) A throwing line fitted to a lifebuoy or
similar equipment shall be of suitable size and length and made of buoyant
material. (3) Lifesaving equipment shall meet the
requirements of standards acceptable to the minister. (4) A suitable boat shall be provided and kept
ready for immediate use where a worker is employed in a situation where a boat
is necessary for rescue or evacuation. Floating work
platforms 465. (1) A
floating work platform shall be designed by a professional engineer or other
person acceptable to the minister. (2) A floating work platform shall be used in such
a manner that a worker is not endangered by instability or excessive movement
of the platform. Personal
flotation devices 466. (1) Where a worker is employed under
conditions which expose him or her to a risk of drowning, he or she shall wear
a personal flotation device appropriate to the work environment and hazards. (2) The personal flotation device referred to in
subsection (1) shall be labelled and meet the requirements and standards of the
Canadian General Standards Board. (3) A personal flotation device or lifejacket is
not required when a personal fall protection system, safety net or other
satisfactory means is being used according to Part X. (4) A personal floatation device shall not be
dependent on manual manipulation to provide the buoyant effect. Occupational
diving operations 467. (1) The
following standards respecting diving operations are adopted and constituted as
part of these regulations: (a) CAN/ (b) CAN/ (2) Notwithstanding paragraph (1)(a), the
following modifications to CAN/ (a) clause 7, SCUBA Supervisor (Restricted and Unrestricted)
is struck and the following substituted: (i) individuals who have successfully completed a
five-day Surface Safety Attendant's course approved by the commission may
supervise seafood harvesting and aquaculture diving operations. Instruction 468. (1) Before
the start of each fishing season, the master shall ensure that each crewmember
is instructed in the operational characteristics of the fishing vessel
including (a) the location and use of safety equipment,
engine room components and controls; (b) deck equipment and rigging; (c) navigation equipment and electronic aids; (d) fishing equipment and its use, including safe
work practices for each fishery the vessel may be engaged in; (e) procedures for anchoring the vessel; (f) the location and use of emergency equipment,
including firefighting and radio equipment; and (g) escape routes in the event of fire. (2) A master shall ensure, where reasonably
practicable, that the instruction required by subsection (1) results in each
crewmember being able to apply the information where needed to protect his or
her health and safety. (3) A new crewmember joining the vessel shall be instructed
in accordance with the requirements of this section at the time that he or she
joins the vessel. Slipping and tripping
hazards 469. (1) A
work area on a vessel shall be kept (a) clear of unnecessary obstructions; and (b) free of slipping and tripping hazards. (2) Decks shall have non-skid surfaces except in
those locations where a smooth deck is required for handling fish. (3) Tools and equipment shall be securely stowed
when not in use. Galley
requirements 470. (1) A
galley stove on a vessel shall be fitted with rails or other means to restrain
the movement of cooking utensils, and to prevent inadvertent contact by a
crewmember. (2) Stove fuel supply tanks and line (a) shall be fitted with a shutoff valve at the
tank; and (b) shall not be located directly above the stove. (3) Galley stoves shall (a) be secured to prevent movement; and (b) have sufficient clearance to permit the
effective cleanup of oil and grease. PART XXIV Circular saws 471. (1) A
circular saw having a rip-type tooth shall be provided with non-kickback
fingers or dogs located so that they oppose the thrust or tendency of the saw
to pick up the material or to throw it back and the dogs shall be designed to
provide adequate holding power for the thickness of the material being cut. (2) A hand fed circular rip saw shall be equipped
with a splitter or spreader designed so that material is prevented from binding
on the saw blade and the saw withstands work stresses. (3) A spreader referred to in subsection (2) shall
be attached so that it remains in alignment with the saw, even when either the
saw or table is tilted, and shall be placed so that the space between the
spreader and the back of the saw when the largest blade is mounted in the
machine does not exceed 1.27 centimetres. (4) The use of a spreader or splitter in connection
with grooving, dadoing or rabbeting is not required but on completion of these
operations, the spreader or splitter shall be replaced immediately. (5) A rip-saw shall be located so that a worker
cannot work in line with the saw unless protected by a barrier to prevent him
or her from being struck by material kicked back by the saw. (6) A swing cut-off saw shall be provided with an
effective device to return the saw automatically to the back of the table when
released at a point of its travel and the functioning of the device shall not
depend on a fibre rope, cord or spring. (7) Where a counterweight is used on a swing cut-off
saw, it shall be provided with a substantial safety chain or cable or shall be
otherwise secured against falling wherever there is danger to a worker. (8) A swing saw shall be provided with a limit
chain, or other equally effective device to prevent the saw from swinging
beyond the front of the table or beyond a forward position where the gullets of
the lowest saw teeth rise above the table top. (9) A swing saw shall be prevented from rebounding
by a latch or other effective device. (10) A radial arm saw cutting table shall be of a
width that no part of the saw blade overhangs the forward edge of the table, or
a stop shall be installed to limit the forward travel of the saw to that
effect. (11) An operator of a swing cut-off saw shall take
a position so that no part of his or her body is in line with the saw and an
operating handle shall be on the side of the saw from which the material is fed
and operated by the hand closest to the saw. (12) A dull, badly set, improperly filed or
improperly tensioned saw or an inserted-tooth saw with poorly fitting shanks or
worn bits shall be immediately removed from service. (13) A hand-fed tenoning machine shall have a
device which holds the material being cut. (14) A hand-held circular saw shall have a guard
which automatically adjusts to the thickness of the material being cut, and
which, when the saw is withdrawn from the material, completely covers the
cutting area of the blade. (15) An operator shall visually inspect a saw before
use and a concern identified during the inspection shall be adequately addressed
before the saw is used. Operator
protection 472. (1) Where
material is manually fed to equipment which does not have a means to prevent
workers' fingers entering the dangerous point of operation, a special hand tool
shall be used. (2) A template, jig, or pushstick shall be used where
there is a risk of injury to a worker's hands when feeding woodworking machinery. (3) Where the use of a guard on woodworking
machinery is clearly impracticable for a specific operation, the guard may be removed,
but an appropriate pushstick, jig, feather board or similar device shall be
used to prevent the operator encroaching into the cutting area, and upon completion
of the operation the guard shall be replaced. (4) A guard may otherwise only be removed where
the guard itself creates a hazard, or where its removal is necessary for maintenance. (5) A machine requiring hand-fed or manual-fed
operations shall be equipped with a device to hold the material being cut. (6) Where a knife, saw, cutting head or other
sharp-edged device is handled or transported, the cutting edge shall be guarded
or other methods adopted to minimize the danger to a worker. (7) Where loads of veneer are stacked in the
vicinity of work areas or passage ways, they shall be rigidly supported and
there shall be at least 3 spacing blocks between unit loads. Cutting heads 473. (1) A
hand-fed wood jointer with a horizontal head shall be equipped with a cylindrical
cutting head. (2) All knives and cutting-heads of woodworking
machines shall be kept sharp, properly adjusted and firmly secured. (3) Where 2 or more knives are used in one head,
they shall be properly balanced. (4) A cutting head on a woodworking tool or piece
of equipment, including a router, shaper and sticker shall be (a) properly adjusted and secured; and (b) fitted with a protective hood that is sufficiently
strong to contain flying metal fragments in the event that the cutting head components
fail. PART XXV Felling 474. (1) Snags
or dangerous stubs which may interfere or create a hazard shall be cleared away
before a tree is felled. (2) A worker shall not work closer than 30.48
metres from another worker who is in the act of felling a tree unless he or she
is assisting that person. (3) When workers are strip-cutting and felling
trees, they shall not work opposite each other or closer than 30.48 metres on
adjacent strips unless an uncut strip is left between. (4) Before the felling cut is started, a tree
shall be under-cut in the direction it is to be felled. (5) When there is a lodged tree, an employer shall
ensure that (a) the immediate area of the lodged tree is
properly marked or flagged to alert another of the hazard; (b) the tree is felled as soon as possible using
appropriate equipment; (c) the tree is not climbed by a worker; and (d) the tree is not lowered by felling another
tree onto the lodged tree or by cutting a supporting tree. (6) An employer or contractor shall ensure that no
worker, other than the worker who is felling a lodged tree, enters the felling
area unless it is safe to do so. (7) A worker shall not stand on a tree or log when
de-limbing it. (8) Once a felling cut has been started on a tree,
a worker shall not leave the tree to carry on other work until felling has been
completed. (9) A decayed or partially decayed tree or stub
shall not be used as a block tree. (10) A decayed or partially decayed tree or stub
which constitutes a hazard at a yard or bucking and piling area shall be felled
before the site is used. (11) A choker cable, twitching chain or dog shall
be released and pulled away from the log or tree before it is slashed, bucked
or measured. (12) An axe shall not be used to cut wire rope. (13) A skidder's winch shall only be operated from
the seat unless remote controls are used or the worker is letting out cable. Brush saws 475. An
employee who operates a brush saw or a clearing saw shall (a) operate and maintain the saw in accordance
with the manufacturer's specifications; (b) ensure that the saw is equipped with an
adequate blade guard; (c) maintain a minimum 10 metre distance from
another person while operating the saw; (d) regularly inspect the blade and file it when
necessary; (e) replace the blade at the first sign of cracks
or fractures; (f) fit the saw only with blades and component
parts specified by the manufacturer; (g) use a harness suitable for use with the saw; (h) ensure that the harness is well maintained and
properly adjusted and that the emergency release on the harness functions properly; (i) stop the engine before a manual adjustment,
cleaning, clearing of debris or other work is carried out on the blade or blade
guards; and (j) not start the saw while it is attached to the
harness. Hauling 476. (1) A
truck, trailer or semitrailer used for transporting logs shall be equipped with
bunks and stakes of adequate design and construction to safely perform their
intended function. (2) A stake referred to in subsection (1) shall be
constructed so that keeper pins are secured against unintended release. (3) A worker shall not ride on logs, pulpwood or
other material loaded on or drawn by a motor vehicle while it is in transit. (4) A road, bridge, elevated platform or other
structure used by a vehicle transporting workers, logs or other forest products
in forestry operations shall be constructed and maintained to a standard that permits
safe transit. (5) The open sides of a bridge, elevated truck
weigh scale and associated elevated ramp approach, and other elevated structures
used by logging trucks shall be equipped with substantial and well secured
continuous bull rails to prevent vehicles from running off the structure that
are of sufficient height and in any event not less than 25 centimetres high. PART XXVI Definitions 477. In
this Part (a) "conductor" means a wire, cable or
other metal component installed for the purpose of conveying electric current
from one piece of equipment to another or to ground; (b) "control system" means a manual,
remote, automatic or partially automatic system for controlling the operation
of equipment; (c) "electrical equipment" includes
machinery, a plant, works, wires, pipes, poles, conduits, apparatus, appliances
and equipment, designed or used or intended for use for or in connection with the
generation, transmission, supply, distribution or use of electrical energy for
any purpose; (d) "high voltage" means a potential
difference (voltage) of more than 750 volts between conductors or between a conductor
and ground; (e) "isolated" means that normal sources
of energy have been disconnected by opening and securing all associated
switches, and that mechanical equipment has been rendered and secured non-operative
by disconnecting, stopping, depressurizing, draining, venting or other
effective means; (f) "low voltage" means a potential
difference (voltage) from 31 to 750 volts inclusive, between conductors or
between a conductor and ground; (g) "power system" means a plant and
equipment essential to the generation, transmission or distribution of
electricity, including a plant or equipment that is out of service, being constructed
or being installed; and (h) "safety protection guarantee" means
an assurance that a power system or part of the power system is isolated and
will remain isolated. Electrical requirements 478. (1) An
electrical installation, equipment, apparatus and appliance shall conform to
the requirements of the Canadian Electrical Code as adopted in the Electrical Regulations under the Public Safety Act. (2) Only a worker qualified to work on electrical
conductors and equipment shall be authorized to do the work. (3) Work shall not be done on an energized electrical
conductor or equipment unless a hazard assessment is completed that includes
determining the number of qualified workers that should be present while the
work is being performed. Poles and
structures 479. Before
a worker climbs or is supported by a pole or structure, or before work is done
that may affect its stability (a) the pole or structure shall be assessed for
soundness and stability; (b) where there is doubt concerning the soundness
or stability, the pole or structure shall be effectively supported before wires
or cables are changed, and the supports shall be left in place until workers
are clear of the pole or structure; and (c) poles shall be installed or removed using
equipment manufactured for this purpose or by a method acceptable to the
minister. Service rooms 480. Where
practicable, a service room or electrical vault shall be used only for the
purpose for which it was intended. Space around
equipment 481. (1) Passageways
and working space around electrical equipment (a) shall be kept clear of obstructions and
arranged to give authorized persons ready access to all parts requiring attention;
and (b) shall not be used for storage. (2) Flammable material shall not be stored or
placed close to electrical equipment. (3) A worker shall not use oil-base paint or other
volatile flammable substance in an electrical substation or confined area where
high voltage electrical current passes through. Testing equipment 482. (1) Electrical
test equipment may be used by qualified workers if it meets the requirements of
(a) (b) (2) Appropriate safe work procedures shall be
established and followed for testing electrical equipment and circuits. Powerline hazards
training 483. A
person shall not operate a mobile crane, boom truck or similar equipment that
has the capacity of encroaching on a power line without having first completed
a safety training program on power line hazards required by the commission. Low voltage
electrical equipment - disconnection and lockout 484. (1) Low
voltage electrical equipment shall be completely disconnected and locked out where
required by Part IX before work is started on it. (2) Where it is not practicable to completely
disconnect low voltage electrical equipment, work shall be performed in
accordance with an electrical safety program in accordance with a standard acceptable
to the minister that (a) includes emergency procedures and emergency
release of victims; (b) requires the use of appropriate electrical
protective equipment, including flame retardant clothing, voltage-related rubber
gloves and cover up and other necessary live line tools; (c) provides that, where practicable, uncontrolled
liquid is not permitted close to a worker working on the equipment; (d) prohibits the use of metal ladders, wooden
ladders with wire reinforced side rails, metal scaffolds or metal work platforms;
and (e) has available up to date diagrams. Low voltage
electrical equipment 485. Before
completing installation and after energizing low voltage electrical equipment, conspicuous
signs visible to a worker shall be placed close to the equipment stating
"Danger, Energized Equipment". Working close to
low voltage energized equipment 486. (1) Uninsulated,
energized parts of low voltage electrical equipment shall be guarded by
approved cabinets or enclosures unless the energized parts are in a suitable
room or similar enclosed area that is accessible only by qualified persons. (2) An entrance to a room or other guarded
location containing uninsulated and exposed energized parts shall be marked
with a conspicuous warning sign limiting entry. (3) Where uninsulated energized parts are not
guarded with approved cabinets or enclosures (a) a suitable barrier or cover shall be provided
where a worker unfamiliar with the hazards is working within the limited
approach boundary of 1.07 metres of the uninsulated, energized parts; or (b) a worker shall be informed of the potential
hazards and provided with and follow appropriate written safe work procedures. Low voltage
electrical equipment - controls 487. An
electrical distribution switch, circuit breaker and control shall be clearly
marked to indicate the equipment it serves. Grounding portable
low voltage electrical equipment 488. (1) Portable
electrical equipment having double insulation or equivalent protection and so
marked, is not required to be grounded. (2) Portable electrical equipment, required to be
grounded and not permanently connected to the wiring system, shall be
effectively grounded by the use of approved cords and polarized plugs inserted
in grounded polarized receptacles. Low voltage
electrical equipment - ground fault interrupters 489. (1) When
used outdoors or in a wet or damp location, portable electrical equipment shall
be protected by an approved, (2) A ground fault circuit interrupter shall not
be used as a substitute for grounding. Isolation and lockout 490. (1) High
voltage electrical equipment shall, where practicable, be completely isolated,
grounded and locked out where required by these regulations before work is
started on it. (2) Where it is not practicable to completely
isolate high voltage electrical equipment an employer shall conduct a formal
hazard assessment and develop an electrical safety program that includes (a) written safe work procedures; (b) the number of qualified persons required to be
present while the work is being done; and (c) providing appropriate electrical protective
equipment, including rubber blankets, hoses, hoods, gloves and live line tools that
shall be selected, used, stored, tested and maintained in accordance with a
standard acceptable to the minister. (3) A worker shall not work on an energized
electrical conductor or equipment, unless procedures satisfactory to the minister
are used and the worker is provided with and trained in the use of special
tools, approved for use by an authority acceptable to the minister. Warning signs 491. Before
completing installation and after energizing high voltage electrical equipment,
conspicuous signs visible to a worker shall be placed close to the equipment
stating "Danger, Energized Equipment". De-energized high
voltage systems - isolation and lockout 492. (1) Before
working on a high voltage power system that, for reasons of safety, shall be de-energized,
the worker in charge shall ensure that the part of the system being worked on
is isolated and grounded and locked out where required by these regulations. (2) A barrier or other form of distinctive
identification shall be used to differentiate high voltage electrical equipment
which has been de-energized for safety reasons from similar energized equipment
at the work location where a lack of identification would result in undue risk
to workers. (3) Where it is impracticable to lock out a power
system or part of a power system, (a) the boundaries of the power system or part
shall be clearly defined; (b) written work procedures respecting safety
protection guarantees and complying with the requirements of sections 493 to 497 shall be
followed; and (c) major equipment used to establish safety
protection guarantees shall be uniquely identified at a conspicuous place on or
near the equipment. Person in charge 493. (1) Only
one person at a time shall be assigned as the person in charge with the
exclusive authority to establish the conditions for, and to issue safety
protection guarantees for, the power system or part of it. (2) The person in charge referred to in subsection
(1) shall (a) ensure that the status of the power system or
assigned part of the power system is accurately represented on a mimic display; (b) maintain a log of switching details, safety
protection guarantees and operational events; and (c) authorize the commencement of work on the
power system or assigned part of it. (3) There shall be an effective communication
system between the person in charge and workers doing the work. (4) Only a worker specifically authorized by an
owner may receive a safety protection guarantee or do work on the power system
or assigned part of the power system. Switching sequences 494. Where
a switching sequence requires the operation of 3 or more devices, a written
switching order shall be prepared and followed. Isolating devices 495. (1) An
isolating device used to provide a safety protection guarantee shall provide
for visual verification of the opening of an isolation point. (2) A lockable isolating device shall be locked in
the position or condition required to protect a worker before work commences
under a safety protection guarantee. (3) A distinctive "DO NOT OPERATE" tag
shall be placed securely on an isolating device used for a safety protection
guarantee. Grounding and blocking 496. (1) While
a safety protection guarantee is in effect, the equipment to be worked on shall
be tested to verify isolation before grounding and blocking begin. (2) After the testing referred to in subsection
(1) has been done, the person at the worksite responsible for a crew shall
verify that the required grounding and blocking devices are in place before
work begins. (3) Grounding and blocking of equipment that may
be hazardous to workers shall be carried out as closely as practicable to the
worksite. (4) Where grounding and blocking is not safe or
practicable, written safe work procedures acceptable to the minister shall be
followed. (5) Grounding and blocking devices may be removed
for the purpose of conducting tests after lockout procedures have been followed. Multiple
authorities 497. Where
a safety protection guarantee involves 2 or more power systems or 2 or more
persons in charge of different parts of a system, appropriate written
procedures shall be established and followed to ensure that the safety
protection guarantee is effective. Minimum clearance
- high voltage equipment and conductors 498. (1) A worker shall not cause or permit material to be piled, stored or handled, a scaffold to be erected or dismantled or mobile crane, boom truck or similar equipment to operate in an area where overhead or underground conductors are located that are capable of energizing the material, mobile equipment or it load unless the employer has obtained in writing the voltage and minimum clearance distance required by the power utility. (2) Where the written clearance referred to in
subsection (1) is unavailable from the power utility, a minimum 5.5 metres
shall be maintained. (3) An employer shall ensure that at least the minimum applicable distance specified in the following table is maintained between exposed, energized high voltage electrical equipment and conductors and a worker, work, tool, machine, equipment or material, except as otherwise permitted by this Part or a standard acceptable to the minister:
(4) An employer shall accurately determine the
voltage of energized electrical equipment or conductor and the minimum distance
from it required under subsection (3). Assurance in writing 499. (1) Where
the minimum distance set out in subsection 498(3)
cannot be maintained because of the circumstances of work or the inadvertent
movement of persons or equipment, an assurance in writing on a form acceptable
to the minister and signed by a representative of the owner of the power
system, shall be obtained. (2) An assurance under subsection (1) shall state
that while the work is being done, electrical equipment and conductors will be
displaced or rerouted from the work area, where practicable. (3) Where compliance with subsection (2) is not
practicable, an assurance under subsection (1) shall state that the electrical
equipment will be isolated and grounded, but where isolation and grounding is
not practicable, the assurance shall state that the electrical equipment will
be visually identified and guarded. (4) Safeguards specified in an assurance under subsection
(1) shall be in place before work commences and shall be effectively maintained
while work is taking place. (5) Where guarding is used, (a) neither equipment nor unqualified persons
shall touch the guarding; and (b) a safety watch shall be designated, or range
limiting or field detection devices acceptable to the minister shall be used. (6) An assurance under subsection (1) shall be
available for inspection at the workplace, as closely as practicable to the
area of work and shall be made known to all persons with access to the area. Assurance not
practicable 500. (1) Where
exposed high voltage electrical equipment and conductors cannot be isolated,
rerouted or guarded, work shall not be done within the minimum distance
specified under subsection 498(3) until approval
is obtained from the minister and the following precautions are taken: (a) the area within which equipment or materials
are to be used shall be barricaded and supervised to restrict entry only to
those workers necessarily engaged in the work; (b) a safety watcher shall be designated; and (c) a positive means shall be provided for the
safety watcher to give a clear, understandable stop signal to workers in the
area, and watcher shall not give the stop signal by another means. (2) While equipment is in motion in an area in
proximity to energized electrical equipment or conductors, a person other than
the equipment operator shall not touch a part of the equipment or the material
being moved by it. (3) A person shall not move a load or rigging line
from its position of natural suspension where the load or rigging line is in
proximity to an energized electrical conductor or equipment. Emergency work 501. (1) Sections
497 to 500 do
not apply to an emergency action close to energized high voltage electrical
equipment or conductors that is carried out by a worker who has undergone a
course of instruction approved by the minister. (2) During an emergency action referred to in subsection
(1), every reasonable precaution shall be taken to control hazards, including,
where practicable, (a) restricting entry into the area within which
equipment or materials are to be moved to a worker necessarily engaged in the
work; (b) designating a safety watcher; (c) where equipment is in motion, preventing a
person other than the equipment operator from touching a part of the equipment
or the material being moved by it; and (d) requiring an equipment operator to operate the
controls from (i) the seat provided on the equipment, (ii) a metal stand that is integral with the frame
of the equipment and clear of the ground, or (iii) a metallic mat bonded to the frame of the
machine and located on the ground beside the machine. Authorization by
owner 502. A
qualified worker may work within the minimum distances to energized high
voltage electrical equipment and conductors specified in subsection 498(3) provided that the worker is authorized by the
owner of the power system and uses work procedures acceptable to the minister. Tree pruning etc.
- preliminary inspection 503. Before
commencing tree pruning or felling close to energized high voltage overhead
conductors, the worksite shall be inspected by a qualified person, authorized
by the owner of the power system, to identify a hazard, including situations
where a part of the tree to be pruned or felled is within the applicable
minimum distance from an energized conductor specified in subsection 498(3) or may fall within that distance. Tree pruning etc.
in hazardous area 504. Tree
pruning or falling shall not commence in a hazardous area until (a) an assurance is issued by the owner of the
power system in accordance with section 499 that
a reclose feature is disabled; and (b) a worker is informed of the voltages of the
conductors. Qualifications 505. (1) Tree
pruning or falling within the minimum distances specified in subsection 498(3) from overhead energized high voltage conductors
shall be carried out by a qualified worker who has been authorized by the owner
of the power system to perform the work. (2) Tree pruning or falling is not permitted
within the minimum distances specified in subsection 498(3)
from overhead high voltage energized conductors unless (a) a qualified worker is present at the site and
directing the work; and (b) at least one additional person, trained in
appropriate emergency rescue procedures, is present. Control systems -
general requirements 506. (1) A
control system shall be designed, installed, operated and maintained by a
qualified person in accordance with a standard acceptable to the minister. (2) Where practicable and required to minimize
risk to workers, a control system shall be designed so that (a) the controlled equipment cannot be
inadvertently activated; (b) an effective basic diagnostic capability is
incorporated; (c) hardwired emergency stop devices are provided
at operator stations; and (d) operator controls other than emergency stop
devices can be activated at only one station at a time. (3) A control system shall be used to prevent
automatic startup after a power interruption or low voltage occurrence where
automatic startup in those circumstances is likely to create a hazard to workers. (4) A control system shall be designed, where
practicable, so that the controlled equipment does not create a hazard to
workers where the system fails or is shut down. (5) Equipment operated by a new or altered control
system shall not be used until the control system has been thoroughly checked
and tested to verify that it functions in the intended manner. (6) An employer shall ensure that there is up-to-date
documentation that is readily available to an affected worker that describes
the design, installation, operation and maintenance of a control system. (7) Control system hardware shall be protected
from circumstances that could adversely affect the performance of the system, including
mechanical damage, vibration, extreme temperatures or humidity level, high
electromagnetic field levels and power disturbances. (8) Written safe work procedures shall be
developed for the use of equipment operated by a control system, including
lockout procedures as required by these regulations. Programmable
control systems 507. (1) Documentation
provided for a programmable control system shall include a copy of the control
program that allows the equipment to be reprogrammed where necessary to ensure
the safe operation of the system. (2) Only a qualified person may have access to the
installed control system software. Automatic control
systems 508. Where
practicable and required to prevent a hazard to workers, a control system shall
be designed so that during an automatic sequence (a) an operator may make an emergency stop of the
controlled equipment; (b) an operator may, where safe, be allowed manual
control of the equipment; and (c) the sequence aborts where a protective timer
completes its assigned time without an expected event occurring. Remote control
systems 509. (1) The
maximum distance from which an operator may control equipment operated by a
remote control system shall be specified by the manufacturer. (2) Written safe procedures shall be established
that (a) specify the maximum distance from which the
operator is allowed to remotely control the equipment; and (b) ensure that a worker remains at a safe
distance from remotely controlled moving parts and a remotely controlled mobile
machine. Wireless remote
control 510. A
wireless remote control system shall incorporate (a) error checking to prevent the controlled
equipment from responding to corrupt data; and (b) identification coding methods to prevent a
transmitter other than the designated transmitter from operating the equipment. PART XXVII Confined space
entry 511. (1) An
employer shall perform an assessment of the work area to determine whether it
contains a confined space. (2) For the purpose of this Part, "confined
space" means an enclosed or partially enclosed space that (a) is not designed or intended for human
occupancy except for the purpose of performing work; (b) has restricted means of access and egress; and (c) may become hazardous to a person entering it
as a result of (i) its design, construction, location or
atmosphere, (ii) the materials or substances in it, or (iii) any other conditions relating to it. (3) A worker shall not work in a confined space
after (4) An employer shall inform a worker who may have
to work in a confined space of a hazard by posting signs or other equally effective
means of advising of the existence of and dangers posed by confined spaces. Corrective precautions 512. (1) Upon
first entering a confined space, a worker shall assume the space is hazardous
until the contrary is demonstrated. (2) An employer shall ensure that a worker does
not enter a confined space until (a) an adequate assessment of the hazards related
to the confined space has been carried out; (b) a source containing a hazardous substance
leading to the confined space is safely and completely blocked off or disconnected; (c) a test required under subsection (11) has been
completed; (d) the worker is qualified to safely enter and perform
duties within the confined space; (e) a written work permit documenting the tests
and safety precautions has been completed; and (f) a set of written safe work procedures has been
developed and a worker has been instructed in these procedures. (3) The assessment referred to in paragraph (2)(a)
shall be recorded in writing and shall consider, with respect to each confined
space, (a) the hazards that may exist due to the design,
construction, location, use or contents of the confined space; and (b) the hazards that may develop while work is
done inside the confined space. (4) The record of the assessment may be
incorporated into an entry permit. (5) Where 2 or more confined spaces are of similar
construction and present the same hazards, their assessments may be recorded in
a single document, but each confined space shall be clearly identified in the
assessment. (6) The employer shall appoint a person with
adequate knowledge, training and experience to carry out the assessment and
shall maintain a record containing details of the person's knowledge, training
and experience. (7) The assessment shall contain the name of the
person who carries out the assessment. (8) The person shall sign and date the assessment
and provide it to the employer. (9) On request, the employer shall provide copies
of the assessment and of the record to (a) the joint health and safety committee or the
health and safety representative; or (b) every worker who performs work to which the
assessment relates, where the workplace has no joint health and safety
committee or health and safety representative. (10) The employer shall ensure that the assessment
is reviewed as often as necessary to ensure that the assessment referred to in paragraph
(2)(a) remains current. (11) Appropriate tests for harmful vapours, gasses,
fumes, mists, dusts or explosive substances and oxygen deficiency shall be made
and recorded (a) before entry into the confined space; (b) after an interruption in the work procedures;
and (c) at appropriate intervals. (12) Where a test made under subsection (11)
indicates an unsafe condition, the confined space shall be ventilated or
cleaned or both and periodically retested to ensure that: (a) the oxygen content is between 20% and 22%; (b) the concentration of flammable substances is
maintained below 10% of the lower explosive limit (LEL) of that substance or substances;
and (c) a worker's exposure to harmful substances is
maintained at acceptable levels in accordance the TLVs established by ACGIH. (13) Where a test under subsection (11) indicates
the presence of a harmful or explosive substance and it is not feasible to provide
a safe respirable atmosphere, an employer shall ensure that (a) a worker entering the confined space is
provided with and wears respiratory and personal protective equipment appropriate
to the hazards likely to be encountered; and (b) where a flammable or explosive gas or liquid is
present all sources of ignition are controlled or eliminated. (14) Where control measures referred to in subsection
(13) cannot be implemented, a worker shall leave the confined space. (15) Tests made under in subsection (11) shall be
performed by a person who has been adequately trained in the proper use of testing
and monitoring equipment. (16) Equipment used in testing and monitoring shall
be calibrated and monitored according to the manufacturer's instructions. (17) The completed permit referred to in paragraph
(2)(e) shall be made available at the time of entry to all authorized personnel
by posting it at the entry portal or by another effective means. Work procedures 513. (1) An
employer shall ensure that a worker who is required or permitted to enter a
confined space in which a harmful atmosphere exists or may develop or where he
or she may become entrapped by material (a) wears appropriate retrieval equipment which
would keep the worker in a position to be rescued; and (b) has a life-line attached to the retrieval
equipment which is tended at all times by a person, stationed outside the entrance
to the confined space who shall be equipped for and capable of effecting rescue
and the employer shall prevent
entanglement of life-lines and other equipment where one or more workers enter
the confined space. (2) Notwithstanding subsection (1), the use of a
lifeline is not required where an obstruction or other condition makes its use
impractical or unsafe but, in that case, an employer shall implement procedures
to ensure the safety of the worker. (3) Where a worker is required to enter a confined
space his or her employer shall ensure that an attendant (a) is assigned the worker; (b) is stationed outside and near (i) the entrance to the confined space, or (ii) where there is more than one entrance to the
confined space, the one that best allows the attendant to perform his or her duties
under subsection (4); (c) is in continuous communication with the worker
using the means of communication described in the relevant safe work procedure;
and (d) is provided with a device for summoning an
adequate rescue response. (4) An attendant shall not enter a confined space
and shall, in accordance with the required safe work procedure, (a) monitor the safety of the worker in the
confined space; (b) provide assistance to him or her; and (c) summon an adequate rescue response where one
is required. Entry into
confined space 514. A
confined space shall be entered only where (a) the opening for entry and exit is sufficient
to allow safe passage of a person wearing personal protective equipment; (b) mechanical equipment in the confined space is (i) disconnected from its power source, and (ii) locked out and tagged; (c) pipes and other supply lines whose contents
are likely to create a hazard are blanked off; (d) measures have been taken to ensure that, where
appropriate, the confined space is continuously ventilated; (e) liquid in which a person may drown or a free-flowing
solid in which a person may become entrapped has been removed from the confined
space; (f) adequate explosion-proof illumination is
provided where appropriate; and (g) adequate barriers are erected to prohibit
unauthorized entry. Explosives or
flammable atmosphere 515. An
employer shall ensure that a worker does not enter or remain in a confined
space that contains or is likely to contain an explosive or flammable gas or
vapour, unless (a) the worker is performing only inspection, work
that does not produce a source of ignition and, in the case of an explosive or
flammable gas or vapour, the atmospheric concentration is less than 25% of its
lower explosive limit, as determined by a combustible gas measuring instrument; (b) the worker is performing only cold work and,
in the case of an explosive or flammable gas or vapour, the atmospheric
concentration is less than 10% of its lower explosive limit as determined by
combustible gas instruments; or (c) the worker is performing hot work and all of
the following conditions are satisfied: (i) in the case of an explosive or flammable gas
or vapour, the atmospheric concentration is less than 5% of its lower explosive
limit, as determined by a combustible gas instrument, (ii) the atmosphere in the confined space does not
contain, and is not likely to contain while a worker is inside, an oxygen content
greater than 23%, (iii) the atmosphere in the confined space is
monitored continuously, (iv) the entry permit includes adequate provisions
for hot work and corresponding control measures, and (v) an adequate alarm system and exit procedures
are provided to ensure that workers have adequate warning and are able to exit
the confined space safely where either or both of the following occur, in the
case of an explosive or flammable gas or vapour (A) the atmospheric concentration exceeds 5% of
its lower explosive limit, or (B) the oxygen content of the atmosphere exceeds
23% by volume. Rescue from confined
space 516. An
employer shall ensure that emergency rescue procedures are established and
followed where workers are trained in the event of an accident or other
emergency in or near the confined space, including immediate evacuation of the
confined space. PART XXVIII CNLR 1165/96 Rep. 517. The Occupational
Health and Safety Regulations, Consolidated Newfoundland and Labrador
Regulations 1165/96, are repealed. Commencement 518. These regulations come into force on Schedule List of
occupational diseases:
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