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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1165/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1165/96

Occupational Health and Safety Regulations
under the
Occupational Health and Safety Act
(O.C. 96‑478)

Under the authority of subsection 65(1) of the Occupational Health and Safety Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Application

        4.   Committees or representatives established

        5.   General duties of employers

        6.   General duties of worker

        7.   Responsibilities of the division

        8.   Health (general provisions)

        9.   Overcrowding

      10.   Thermal environment

      11.   General ventilation

      12.   Illumination

      13.   Toilet facilities

      14.   Washing facilities

      15.   Work clothing and accommodations

      16.   Supply of drinking water

      17.   Seating

      18.   Work in wet areas

      19.   Stop work orders

      20.   Appeal to the Labour Relations Board

      21.   Health and safety committee

      22.   Refusal to work

      23.   Supplementary regulations

      24.   Notifiable occupational diseases

      25.   Chemical substances

      26.   Silica regulation

      27.   Personal conduct

      28.   Application

      29.   Work places

      30.   Safety inspections

      31.   Equipment

      32.   Access, egress movement

      33.   Exits and doors

      34.   Compressed air

      35.   Stacking

      36.   Entrapment danger

      37.   Stairs

      38.   Guardrails

      39.   Open pits and tanks

      40.   Toe‑boards, walkways and curbs

      41.   Firefighting

      42.   Wharves, platforms, etc.

      43.   Ladders and gangplanks

      44.   Lifebuoys, floating equipment

      45.   Fire and explosion

      46.   Truck loading and unloading hazardous products

      47.   Cleaning and repairing of vessels and tanks

      48.   Combustible substances

      49.   Radiation hazards

      50.   Noise hazards

      51.   Asbestos hazards

      52.   Personal protective equipment ‑ wearing apparel

      53.   Head protection

      54.   Hand protection

      55.   Acids and caustics

      56.   Eye protection

      57.   Respiratory protection

      58.   Hearing conservation

      59.   Water hazards

      60.   Safety belts and lifelines

      61.   Machinery and equipment guards

      62.   Power transmission guards

      63.   Power transmission equipment ‑ general

      64.   Conveyors ‑ guards

      65.   Conveyors ‑ general

      66.   Punch presses ‑ guards

      67.   Presses ‑ general

      68.   Machine tools ‑ guards

      69.   Grinders ‑ guards

      70.   Grinding and buffing

      71.   Miscellaneous guards

      72.   Operating controls

      73.   Working on machinery

      74.   Machinery operating requirements

      75.   Gas welding and burning

      76.   Oxygen

      77.   Electric arc welding

      78.   Burning and welding

      79.   Explosive actuated tools

      80.   Maintenance and modification

      81.   Cartridges and fasteners

      82.   Prohibitions re fasteners

      83.   Prohibition re flammable substances and explosive activated tools

      84.   Electrical requirements

      85.   Working on de‑energized equipment

      86.   Electrical tunnels and support structures

      87.   Powerline hazards

      88.   Ladders

      89.   Portable ladders

      90.   Fixed ladders

      91.   Scaffolds and stages

      92.   Prefabricated scaffolds

      93.   Wood scaffolds

      94.   Swing stages

      95.   Ladder‑jack type scaffolds

      96.   Trestle scaffolds

      97.   Tower and mobile staging

      98.   Boatswain chairs

      99.   Roof work

    100.   Prohibitions

    101.   Vehicle‑mounted work platforms

    102.   Construction towers and hoists

    103.   Operation

    104.   Signal systems

    105.   Traffic control

    106.   Flagmen

    107.   Flagging signals

    108.   Transportation of workers

    109.   Boats

    110.   Powered mobile equipment

    111.   Guards

    112.   Roll‑over protective structures (ROPS)

    113.   Operation

    114.   Competency and testing operators

    115.   Cranes, derricks and hoists

    116.   Cages or cabs

    117.   Hoist brakes

    118.   Electrical equipment

    119.   Equipment on rails

    120.   Climbing tower cranes

    121.   Hand‑operated hoists

    122.   A‑frames and gin‑poles

    123.   Guys

    124.   Equipment operation

    125.   Pile‑drivers

    126.   Rigging

    127.   Rigging structure

    128.   Signalling

    129.   Construction procedures

    130.   Glass panels

    131.   Stripping

    132.   Bridges

    133.   Work areas over water

    134.   Personnel safety nets

    135.   Co‑ordination of work

    136.   Stairways

    137.   Demolition

    138.   Working at height

    139.   Pre‑excavation requirements

    140.   Excavation or access

    141.   Removal of material

    142.   Faces and slopes

    143.   Excavation safety

    144.   Underground workings

    145.   Ventilation requirements

    146.   Internal combustion engines

    147.   Diesel engines

    148.   Falling ground

    149.   Definitions

    150.   Medical examination

    151.   Dust control

    152.   Asphalt‑mixing plant

    153.   Rock‑crushing plants

    154.   Respiratory equipment

    155.   Explosives, application

    156.   Control of blasting area

    157.   Production of certificate

    158.   Report of accident

    159.   Suspension of certificate

    160.   Storage of explosives

    161.   Transportation of explosives

    162.   Handling of explosives

    163.   Drilling

    164.   Loading

    165.   Firing

    166.   Returning to the blasting site

    167.   Misfire procedures

    168.   Special precautions ‑ electrical blasting caps

    169.   Wood‑working machinery and processes guards

    170.   Saw guards

    171.   Saw requirements

    172.   Cracks in saws

    173.   Guards ‑ miscellaneous

    174.   Hand safety

    175.   Laundries

    176.   Painting

    177.   Airless spray equipment

    178.   Combustible gas propellants

    179.   Electrical installations

    180.   Window cleaning

    181.   Foundries

    182.   Molten metal safety

    183.   Logging

    184.   Felling, bucking

    185.   Power saws

    186.   Hauling

    187.   Mobile yarding
equipment

    188.   Costs

    189.   Repeal

Schedule


Short title

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

104/79 s1

Definitions

        2. In these regulations

             (a)  "accident" includes

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

                     (ii)  a wilful and intentional act, not being the act of the worker, and

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

             (b)  "ACGIH" means the documentation of threshold limit values for chemical substances and physical agents in the workroom environment as published annually or more frequently by the American Conference of Governmental Industrial Hygienists;

             (c)  "Act" means the Occupational Health and Safety Act;

          (c.1)  "assistant deputy minister" means the assistant deputy minister of the department who is responsible for occupational health and safety;

             (d)  "authorized" means a qualified person designated by the employer to carry out specific functions;

             (e)  "hazardous health occupation" means an occupation that has the potential for occupational disease;

              (f)  "occupation" means 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 Canadian Classification and Dictionary of Occupations;

             (g)  "occupational disease" means a disease arising out of and directly related to an occupation;

             (h)  "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;

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

              (j)  "supervisor" includes a superintendent, foreman or other worker authorized or delegated to exercise direction and control over workers of an employer.

104/79 s2

Application

        3. 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 a regulation makes it clear that it applies only to certain of those persons.

104/79 s3

Committees or representatives established

        4. There are established occupational health and safety committees or worker health and safety representatives at every workplace as designated in the classes of industry contained in the Schedule.

104/79 s4

General duties of employers

        5. (1) An employer shall make arrangements for the regular inspection of all buildings, structures, excavations, machinery and equipment to ensure so far as is reasonably practicable that they are capable of withstanding the stresses likely to be imposed upon them and of safely performing the functions for which they are used.

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

             (3)  An employer shall, before commencing a new project of construction or an industrial enterprise which is intended to continue for 30 days or more,

             (a)  send to the assistant deputy minister a written notice containing the name of the plant or construction site, where it is situated, the mail 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 out; and

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

             (4)  The employer shall ensure that safety procedures are followed at all workplaces.

104/79 s5

General duties of worker

        6. Every worker shall

             (a)  make proper use of all necessary safeguards, safety devices and appliances

                      (i)  designated and provided for his or her protection by his or employer, or

                     (ii)  required under the regulations to be used and worn by him or her,

and shall comply with all safety instructions given to him or her; and

             (b)  report immediately to his or her employer or supervisor a hazardous condition that may come to his or her attention.

104/79 s6

Responsibilities of the division

        7. The division shall approve and disseminate educational material, information and statistics required in the administration of the Act.

104/79 s7

Health (general provisions)

        8. (1) The employer shall ensure that the workplace is sanitary and kept as clean as is reasonably practicable to an approved refuse disposal area or site.

             (2)  The employer shall ensure wherever it is reasonably practicable that

             (a)  accumulations of dirt and refuse are removed daily by a suitable method from the floors and working surfaces and from stairways and passages to an approved refuse disposal area or site;

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

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

             (d)  floors and platforms, stairs and walkways that are used by workers shall be kept in a state of good repair and maintained free of tripping and slipping hazards.

104/79 s8

Overcrowding

        9. (1) An employer shall as far as it is reasonably practicable 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 workers.

             (2)  The assistant deputy minister may establish standards respecting overcrowding for a workplace.

             (3)  In calculating the cubic space in a workplace, a space more than 10 feet from the floor and space occupied by solid objects shall not be taken into account.

104/79 s9

Thermal environment

     10. (1) The employer shall make effective provision for securing and maintaining in a workplace conditions of thermal environment which are reasonable and consistent with the nature and degree of the work performed, as established by the ACGIH.

             (2)  In a workplace where thermal environment is likely to be of concern to workers, the employer shall provide appropriate and suitable monitoring equipment.

             (3)  Under unusually hot or cold conditions of work the employer shall make further provisions for the health and safety and reasonable thermal comfort of workers, which may include

             (a)  regular monitoring, the posting or warning notices and additional first aid measures;

             (b)  the provision of special equipment and clothing;

             (c)  the provision of screens or shelters;

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

             (e)  limited work schedules with rest periods; and

              (f)  other appropriate measures.

             (4)  In a workplace, open flames, steam pipes and other high temperature sources shall be identified at the source and positioned or shielded to prevent contact by workers, unless the exposed sources are necessary for work processes.

             (5)  Where sources referred to in subsection (4) are necessarily unshielded, exposed workers shall wear suitable personal protective equipment.

104/79 s10

General ventilation

     11. (1) An employer shall in accordance with health and safety codes and standards make effective and suitable provisions for securing and maintaining in a workplace

             (a)  the circulation of clean and wholesome air;

             (b)  adequate ventilation; and

             (c)  making impurities harmless and inoffensive.

             (2)  An employer whose work or process gives off dust or fume or another impurity of a kind and quantity liable to be injurious or offensive to workers, shall provide, maintain and ensure the proper use of a ventilation system sufficient to protect the workers against inhalation of impurities and to prevent it accumulating in a workplace.

             (3)  Wherever practicable, local exhaust ventilation shall be installed and maintained near to the point of origin of the impurity to effectively prevent it entering the air of the workplace.

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

             (5)  A ventilation system shall provide sufficient fresh air to replace all the air exhausted by ventilation.

             (6)  An employer shall ensure that all parts of a ventilation system are maintained, that louvres are regularly cleaned and that ventilation openings are always free of an obstruction or source of contamination.

             (7)  An employer shall ensure that an internal combustion engine is not used in a workplace unless

             (a)  in the case of a stationary engine, the exhaust emissions are conducted into the open air and the engine, except when being used for the purpose of being tested, is so partitioned off from a workplace in which workers are present other than those attending the engine to prevent a perceptible emission from the engine entering the air of the workplace; or

             (b)  in the case of a mobile engine, it is regularly and properly serviced and maintained and equipped with an exhaust gas scrubber approved by the assistant deputy minister.

             (8)  In subsection (7), "workplace" means a confined space, such as a building or underground work area.

104/79 s11

Illumination

     12. (1) An employer shall provide sufficient and suitable lighting, whether natural or artificial, in every part of a workplace while workers are present, but the illumination standards shall not be less than the standards set by the American National Standards Institute ‑ Illuminating Engineering Society, RP7‑1979.

             (2)  An employer shall ensure that all glazed windows and skylights used for the lighting of a workplace shall be kept clean on both inner and outer surfaces and free from obstructions, but this subsection shall not affect the colouring or shading of windows and skylights for the purpose of mitigating heat or glare.

             (3)  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 which cause eyestrain or risk of accident to workers.

             (4)  When the visibility within a work area is restricted due to the presence of smoke, steam or other substances in the atmosphere, and where this condition might result in workers being injured, suitable means shall be adopted to correct the hazard.

104/79 s12; 73/83 s1

Toilet facilities

     13. An employer shall provide, maintain and keep clean sufficient and suitable toilet facilities for workers and shall make effective provision for lighting and heating them, and

             (a)  one suitable toilet shall 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 shall be provided where the toilet facilities are likely to be used by persons other than the workers employed there;

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

             (d)  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;

             (e)  a toilet shall be under cover and positioned and partitioned off as to secure privacy and shall have a proper door and fastenings;

              (f)  doors and partitions shall extend at all parts from not more than one foot to not less than 6 feet above floor level;

             (g)  a supply of toilet tissue shall be supplied to a toilet at all times and easily cleanable covered receptacles shall be provided for waste materials;

             (h)  the toilets shall be conveniently accessible to the workers at all times while they are working.

104/79 s13

Washing facilities

     14. (1) An employer shall provide and maintain for the use of the 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,

and the facilities shall be located in close proximity to toilets and shall be kept in a clean and orderly condition.

             (2)  Where conditions of work result in contamination of the worker to an extent that the assistant deputy minister considers to be offensive or hazardous, he or she may require the employer to provide suitable and adequate shower facilities and may require that sufficient time during normal working hours be allowed for their use.

104/79 s14

Work clothing and accommodations

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

             (2)  Where work clothing is likely to be contaminated by hazardous or offensive substances, the assistant deputy minister may require an employer to provide work clothing and may require that when contaminated the clothing is safely disposed of or cleaned and not removed from the workplace by the worker.

104/79 s15

Supply of drinking water

     16. (1) 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 from some other source approved by the appropriate health authority.

             (2)  A supply of drinking water which is not piped in shall be contained in suitable vessels and shall be renewed at least daily and all practical steps shall be taken to preserve the water and vessels from contamination, and a drinking water supply, whether piped in or not shall, when necessary for identification, be clearly marked "Drinking Water".

             (3)  Except where water is delivered in an upward jet for convenient drinking the employer shall provide an adequate number of disposable cups.

104/79 s16

Seating

     17. (1) Where workers have in the course of their work reasonable opportunities for sitting without detriment to their work, the employer shall provide and maintain for their use suitable seating to enable them to take advantage of those opportunities.

             (2)  Where a substantial proportion of work can properly be done sitting, the employer shall provide and maintain for a worker doing the work a seat suitably designed, constructed, dimensioned and supported for the worker to do the work and, when needed, a footrest which can readily and comfortably support the feet.

104/79 s17

Work in wet areas

     18. (1) Where the regular work process results in the spillage of liquids 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)  Where necessary, the use of an approved non‑combustible grease and oil absorbent shall be used to eliminate a hazard referred to under subsection (1) and the use of combustible absorbents such as saw dust is prohibited with oil or grease.

             (3)  Solvents, oils, greases, paints and 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.

             (4)  Containers and substances referred to in subsection (3) shall not be stored in work areas.

104/79 s18

Stop work orders

     19. (1) Stop work orders shall be in a form prescribed by the minister and where applicable state the remedial measures to be taken and shall be posted in the workplace.

             (2)  Copies of all stop work orders shall be provided by the division to the occupational health and safety committees or the worker health and safety representatives.

             (3)  A stop work order shall not be cancelled or removed from the workplace until the remedial action has been taken, and equipment or workplace has been inspected by an officer of the division.

104/79 s19

Appeal to the Labour Relations Board

     20. (1) An appeal or application under sections 33 and 51 of the Occupational Health and Safety Act shall contain

             (a)  the name and address of the applicant;

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

             (c)  a statement of the grounds on which the appeal is being made.

             (2)  When an application is made to the Labour Relations Board, the board shall give notice of that application and shall send one or more copies of the application to all parties considered by the board to be affected by the application.

             (3)  The parties named under subsection (2) shall file with the board a reply to the application within 14 calendar days after receipt by him or her of a copy of the application.

104/79 s20

Health and safety committee

     21. (1) An employer shall ensure that an occupational health and safety committee is established under the Act, or shall ensure that a worker health and safety representative is appointed under the Act.

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

             (3)  A worker health and safety representative shall report to the division in a form prescribed by the minister.

             (4)  The occupational health and safety committee at a workplace shall meet within 2 weeks of its formation and shall then select co‑chairpersons as required in subsection 38(6) of the Act, and notify the division.

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

             (6)  If agreement cannot be reached between co‑chairpersons on the convening of a meeting of the occupational health and safety committee, the assistant deputy minister will be requested to intervene.

             (7)  At a workplace, the assistant deputy minister may by reason of particular hazards and complexity of operations of large number of workers involved, require meetings of a committee to be held at least monthly.

             (8)  A representative of the employer and the workers of the occupational health and safety committee or the worker health and safety representative have the right to accompany an officer of the division when health and safety inspections are being conducted.

             (9)  Copies of all health and safety inspection reports made by an officer of the division, which in the opinion of the division warrant circulation, shall be circulated to the employer and the occupational health and safety committee or worker health and safety representative.

           (10)  Reports not previously circulated but subsequently requested by the employer, the committee or the representative shall be provided.

104/79 s21; 92/80 s1

Refusal to work

     22. (1) The assistant deputy ministers shall be notified of a refusal to work, where the problem has not been resolved by the employer, and that problem is passed to the occupational health and safety committee or the worker health and safety representative.

             (2)  This notification may be made orally but shall be followed up in writing.

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

104/79 s22

Supplementary regulations

     23. (1) In addition to the first aid services contained in these regulations, the minister may order the establishment of other occupational health services that are considered necessary to ensure the health and safety of the workers.

             (2)  The minister may order the plant or structural design modifications that he or she considers necessary to ensure an adequate standard of health and safety.

             (3)  In these regulations, serious injury does not include injuries of a nature which would be treated through normal first aid or medical attention, and where a worker returns to his or her regular work immediately after treatment, or the next scheduled shift.

             (4)  For the purpose of subsection (3), a serious injury shall include the following:

             (a)  a fracture of the skull;

             (b)  a fracture of the spine;

             (c)  a fracture of the pelvis;

             (d)  a fracture of the femur;

             (e)  a fracture of the humerus;

              (f)  a fracture of the fibula or tibia;

             (g)  a fracture of the radius or ulna;

             (h)  an amputation of a major part of a hand or foot;

              (i)  the loss of sight of an eye;

              (j)  a serious internal haemorrhage;

             (k)  a burn caused by electricity which requires medical attention;

              (l)  an injury caused directly or indirectly by explosive;

            (m)  another injury likely to endanger life or cause permanent injury; and

             (n)  an asphyxiation or poisoning by gas effecting a partial or total loss of physical control.

             (5)  An employer shall, within 3 days after the happening of an accident to a worker by which the worker is prevented from earning full wages or by reason of which the worker is entitled to medical aid, notify the assistant deputy minister in writing of

             (a)  the happening of the accident and nature of it;

             (b)  the time when the accident happened;

             (c)  the name and address of the worker;

             (d)  the place where the accident happened;

             (e)  the name and address of the physician or surgeon by whom the worker was or is attended for the injury; and

              (f)  other particulars required by the assistant deputy minister.

             (6)  An employer shall make reports respecting the accident and worker that may be required by the assistant deputy minister.

             (7)  In cases of fatality the assistant deputy minister shall be notified by telephone, or by whatever other means of communication are readily available and that report shall be followed up in writing.

             (8)  For the purpose of subsection (5), a copy of the Workers' Compensation Board Accident Reporting Form No. 7 is considered acceptable.

             (9)  Where the assistant deputy minister or officer finds it impractical to conduct an investigation regarding an accident, the occupational health and safety committee's or the worker health and safety representative's report of the investigation shall be forwarded to the assistant deputy minister.

           (10)  In cases where the Chief Occupational Medical Officer requires a worker to be examined in order to determine

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

             (b)  whether a worker is suffering from an occupational disease,

medical reports of the Workers' Compensation Board may be accepted in addition to the medical report required in this section.

104/79 s23

Notifiable occupational diseases

     24. (1) The occupational diseases for which notification is required under section 60 of the Occupational Health and Safety Act are

             (a)  acute, sub‑acute or chronic disease of an organ due to lead, arsenic, beryllium, phosphorus, manganese, cadmium mercury and their compounds or alloys;

             (b)  neoplasia of the skin or mucous membrane to tar, pitch, bitumen, mineral or cutting oils or paraffin, arsenic or a compound, product or residue of these substances;

             (c)  neoplasia of the renal tract in a worker employed in rubber‑compounding, dyestuff manufacture or mixing, or in a laboratory;

             (d)  pneumoconiosis due to silica or silicate, including asbestos, talc, mica or coal;

             (e)  toxic jaundice, that is, jaundice due to tetra‑chlorethane or nitro‑ or amido‑ derivatives of benzene or other hepato‑toxic or haemato‑toxic substances;

              (f)  neoplasia or a form of sickness due to internal or external exposure to ionizing radiation or electromagnetic radiation;

             (g)  poisoning by the anti‑cholinesterase action of an organophosphorus or carbamate compound;

             (h)  a form of decompression illness;

              (i)  toxic anaemia, that is, anaemia due to trinitrotoluene, or another haematogenetic poison, including chronic poisoning by benzene;

              (j)  mesothelioma of the pleura or peritoneum;

             (k)  angiosarcoma of the liver;

              (l)  Reynauds phenomenon or vibration induced white finger disease; and

            (m)  occupational dermatitis.

             (2)  The assistant deputy minister shall request the advisory council to review the list of notifiable diseases, at least once annually, to determine if other dangerous or harmful substances can be identified as being present in an occupation being carried on in the province.

             (3)  Workers engaged in occupations resulting in occupational diseases referred to in this section are considered to be engaged in hazardous health occupations under the Act.

             (4)  The division shall establish a medical registry for each hazardous health occupation which shall contain the name, age and sex of the worker, the place of work, the nature of work, the complete work history of the worker and the nature of the substances at the workplace.

             (5)  The assistant deputy minister shall prescribe the kind and frequency of medical examinations required by workers engaged in hazardous health occupations or suffering from an occupational disease.

104/79 s24; 73/83 s2

Chemical substances

     25. (1) An employer shall keep under constant review the use or presence of chemical substances at his or her workplace which may be hazardous to the health or safety of workers and shall wherever and so far as is reasonably practicable substitute a safe or less hazardous substance.

             (2)  An employer who contends that a substitution referred to in subsection (1) is not reasonably practicable may in writing to the assistant deputy minister, be required to present competent argument for the use of the substance for that purpose and the assistant deputy minister may

             (a)  prohibit the use of the substance for that purpose; or

             (b)  allow that use, subject to the conditions that he or she may prescribe.

             (3)  Where a hazardous chemical substance is present at a workplace, the employer shall ensure that all practicable measures are taken to prevent the exposure of workers to the extent that may be injurious to their health.

             (4)  An employer shall take all reasonable steps to ascertain from suppliers the chemical formulation of a proprietary composition brought into his or her workplace, the hazards which might arise from its handling or use and the precautions that need to be taken to ensure the health and safety of workers.

             (5)  An employer shall ensure that a substance produced, used and handled at a workplace which by reason of toxicity, flammability or reactivity create risk to the health or safety of workers be contained, so far as is reasonably practicable in a suitable container which is clearly labelled to identify the substance, the hazards associated with its use or handling, the workplace uses for which it is intended, and protective measures to be taken by workers before, during and after its use.

             (6)  An employer shall ensure that residue or waste from the substance or materials used for cleaning or wiping it is placed into suitably labelled containers for safe disposal.

             (7)  An employer shall, except when specific direction is given by the division, prepare in consultation with the occupational health and safety committee or the worker health and safety representative, within 6 months of the commencement of these regulations, a list of all chemical substances regularly used, handled or produced in the processes or otherwise present at the place of employment which may be a hazard to the health or safety of workers or are believed to be suspect by the workers, including the trade name and the name and address of the manufacturer of a substance, the chemical composition of which is unknown to either the employer or the occupational health and safety committee or the worker health and safety representative.

             (8)  An employer shall ensure that the list is kept current by amendments, provide one copy of the current list to the occupational health and safety committee or the worker health and safety representative and keep at the place of employment one copy to be readily available to an officer.

             (9)  Whenever the assistant deputy minister is advised by the chief occupational medical officer that the use or presence of a chemical substance at a place of employment is liable to be injurious to the health of workers, the assistant deputy minister may inquire into the substance and may prohibit, restrict or modify the use of the substance until a time that the employer establishes to the assistant deputy minister that its use or presence will not be injurious to the health of workers.

           (10)  In exercising the authority granted to him or her by paragraph (a), the assistant deputy minister may specify

             (a)  total enclosure of the process;

             (b)  local exhaust ventilation to prevent entry into the air;

             (c)  sufficient general ventilation;

             (d)  personal protective measures to prevent inhalation, ingestion or contamination of the skin;

             (e)  the exclusion of certain classes of persons who would be at extra risk;

              (f)  pre‑employment medical examinations;

             (g)  periodic medical examinations or biological tests,

             (h)  periodic monitoring of the work environment;

              (i)  the posting of notices or warning signs;

              (j)  special first aid supplies and services, the provision of antidotes;

             (k)  education and training of workers including supervisors;

              (l)  the storage and transport of the substance and the marking of containers; and

            (m)  other measures the assistant deputy minister is advised by the chief occupational medical officer are necessary to protect the health of workers.

           (11)  The employer shall ensure that

             (a)  atmosphere contamination of the workplace by chemical substances is kept as low as is reasonably practicable and in the case of the substances for which a threshold limit value is currently established by the ACGIH that threshold value shall not be exceeded; and

             (b)  every worker is informed of the nature and degree of health effects of the chemical substances to which the worker is exposed by virtue of his or her work;

             (c)  the exposure of workers to harmful chemical substances is as little as is reasonably practicable.

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

104/79 s25

Silica regulation

     26. (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 enclosure" means a chamber, barrel, cabinet or other similar enclosure designed for the purpose of blasting therein;

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

             (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 so as 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; and

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

             (3)  An employer shall ensure that at every silica process except sandblasting as provided by subsection (12) the entry into the air of silica dust is prevented so far as is 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, meaning coveralls and headgear, which will when worn exclude silica dust and which will be 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 so far as is 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 in the case of 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 so far as 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 per 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 thereof, 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)  An employer shall arrange that every worker regularly engaged in a silica process shall be medically examined in accordance with the requirements of the chief occupational medical officer.

           (20)  An employer shall not regularly employ a worker in a silica process unless the employer is satisfied that a medical certificate of fitness for the work has been issued to that worker within the preceding period of 12 months.

           (21)  When the examining physician is satisfied by his or her examination that a worker is fit to be regularly engaged in a silica process, he or she shall issue a certificate of fitness on the form prescribed by the minister and these certificates shall be issued to the employer by serial number for identification purposes by the division.

           (22)  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.

           (23)  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.

104/79 s27; 73/83 s3

Personal conduct

     27. (1) A worker with a known physical or mental impairment shall not be assigned to work where these impairments endanger himself or herself or others.

             (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 beverages or another cause so as to endanger his or her own health and safety or that of other workers.

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

             (4)  Before equipment is put into operation the person responsible for putting the equipment into operation shall ensure that all guards are in place and that putting the equipment into operation will not endanger a worker.

104/79 s28

Application

     28. When the workplace is a mine as defined by the Mines Act and there is conflict between these regulations and regulations made under that Act, the Chief Inspector of Mines shall decide which is to apply.

104/79 s29

Work places

     29. (1) An employer shall ensure that

             (a)  machinery and equipment are capable of safely performing the functions for which they are used; and

             (b)  all buildings and permanent and temporary structures are capable of withstanding any stresses likely to be imposed upon them.

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

             (3)  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 which will change 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 purposes other than that for which it was originally designed, when that use will change the safe working load; and

             (e)  in the opinion of the assistant deputy minister, the provision of the certification is considered to be necessary.

             (4)  Signs posted in a workplace shall conform with the requirements of the current edition of Signs and Symbols for the Occupational Environment ‑ National Standards of Canada, Can.3‑Z321.

           (15)  All buildings, excavations, structures, machinery, equipment, tools and places of employment shall be maintained in a condition that workers will not be endangered.

104/79 s30; 73/83 s4

Safety inspections

     30. (1) Regular inspections of all buildings, excavations, structures, machinery, equipment and places of employment shall be made by the employer or his or her representative at intervals that will ensure that safe working conditions are maintained and unsafe conditions found in these inspections shall be remedied without delay.

             (2)  When 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 being injured.

             (3)  When emergency action is required to correct a condition which 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 this is being done.

104/79 s30; 73/83 s4

Equipment

     31. When 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.

104/79 s30; 73/83 s4

Access, egress and movement

     32. (1) All places where work is performed shall have safe means of access and egress appropriate to the conditions of the work area.

             (2)  Work areas shall be arranged to allow the safe movement of workers, equipment and materials.

             (3)  Where practicable, aisles and passages shall be delineated by floor markings and the markings shall be renewed as necessary to maintain visibility.

             (4)  Practical emergency means of 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.

104/79 s30; 73/83 s4

Exits and doors

     33. (1) Emergency exits shall be designed and marked to provide quick and unimpeded exit and periodical emergency drills shall be held to ensure workers' awareness of the availability of the exits.

             (2)  Doors shall not open directly on stairways, but shall open to floors or landings having a width in excess of the swing of the doors.

             (3)  Double‑acting swing doors shall be designed and installed to permit an adequate view through the doors.

             (4)  Transparent glass doors and glass panels, extending to less than 30.48 centimetres from the floor, which could be mistaken for doorways shall be constructed of laminated, tempered or wired safety glass meeting the current requirements of the National Building Code of Canada.

             (5)  This section does not apply where the glass is fitted with bars, or other devices or markings, which clearly indicate the presence and position of the doors and panels.

104/78 s30; 73/83 s4

Compressed air

     34. (1) Compressed air shall not be used to clean clothes, machinery, work benches or floors and if the nature of the work demands that compressed air be used, extreme caution shall be exercised and where practical personal protective equipment shall be used.

Stacking

     35. (1) Material and equipment shall not be so placed, stacked or stored in a manner which constitutes a hazard to workers.

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

104/79 s30; 73/83 s4

Entrapment danger

     36. (1) A worker shall not enter a place where there is a danger of entrapment in loose material unless safe access has been provided by catwalks, walkways or other means, or unless he or she is equipped with a safety‑belt and lifeline and is attended by another worker who is stationed, equipped and capable of immediately effecting a rescue.

             (2)  The 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.

104/79 s30; 73/83 s4

Stairs

     37. (1) A flight of stairs having more than 4 risers shall be equipped with handrails

             (a)  on all open sides of stairways;

             (b)  on one side of enclosed stairways 1.12 metres or less in width; and

             (c)  on both sides of enclosed stairways over 1.12 metres wide.

             (2)  The height of the upper surface of the stair rail from and perpendicular to the forward edge of the tread shall not be less than 91.44 centimetres and not more than 1.07 metres.

104/79 s30; 73/83 s4

Guardrails

     38. (1) When a stairway ends in direct proximity to dangerous traffic or other hazards, detour guardrails shall be installed.

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

             (3)  Guardrails shall be of substantial construction and

             (a)  the vertical members shall be spaced not more than 2.44 metres apart;

             (b)  the top rail shall be not less than 1.07 metres above floor level; and

             (c)  an intermediate rail shall be between the top rail and the floor.

             (4)  Guardrails shall be installed across glass panels, the lower edges of which are less than 76.20 centimetres above the levels of stair tread nosings, ramps, platforms or landings.

             (5)  Subsection (4) does not apply where laminated, wired or tempered glass having impact resistance equivalent to that of a guardrail is installed.

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

104/79 s30; 73/83 s4

Open pits and tanks

     39. (1) When workers are employed around open tanks containing liquids or harmful substances, 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 workers from falling into the tank.

             (2)  Holes or pits in floors, roofs, walkways or work areas accessible to workers shall be securely covered and identified.

             (3)  When vehicle service pits are used so frequently that compliance with this section is impractical, the perimeters of the pits shall be delineated by high visibility, luminescent, skid resistant paint instead of covers or guardrails.

             (4)  Vehicle services pits shall have a fixed ladder at each end.

             (5)  Wall openings less than 91.44 centimetres from the floor having a height greater than 76.20 centimetres and a width of 45.72 centimetres or more from which there is a drop of more than 1.22 metres shall be barricaded or covered.

104/79 s30; 73/83 s4

Toe‑boards, walkways and curbs

     40. (1) All floor openings and all permanent walkways and platforms more than 1.83 metres in height shall be equipped with toe‑boards.

             (2)  Walkways and platforms at any height when installed over machinery and work areas shall be equipped with toe‑boards.

             (3)  Walkways shall not be less than 50.80 centimetres in width and access to these walkways shall be by means of fixed ladders or stairways.

             (4)  On elevated vehicular thoroughfares a curb shall be installed which will prevent mobile equipment using the thoroughfare from running off the open edges.

104/79 s30; 73/83 s4

Firefighting

     41. (1) The design and occupancy of structures, and provision of firefighting equipment in places of employment, shall be in conformity with the requirements of the Fire Prevention Act, 1991 and regulations under that Act or with the requirements of the authority having jurisdiction.

             (2)  Firefighting equipment shall be maintained in accordance with the manufacturer's instructions, or with the instructions of the authority having jurisdiction.

             (3)  All workers shall be adequately instructed in fire prevention and emergency evacuation procedure applicable to their place of employment.

             (4)  Designated workers shall be adequately instructed in firefighting procedures applicable to their place of employment.

             (5)  Where local fire departments may be involved, they shall be familiarized with the special fire hazards which are peculiar to the employer's premises.

Wharves, platforms, etc.

     42. (1) Floors, platforms and decks of wharves and floating equipment shall be kept in good repair and free from protruding nails, grease, slime and debris.

             (2)  Clear passageway shall be provided on wharf decks in areas 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.

104/79 s30; 73/83 s4

Ladders and gangplanks

     43. (1) Docks, wharves and piers shall be provided with ladders regularly spaced at intervals not exceeding 30.48 metres about their perimeters and the ladders shall extend from the deck to lowest water level.

             (2)  Fixed or portable ladders, gangplanks or other safe means shall be provided and used as necessary to board and leave floating equipment.

             (3)  Portable means of access shall be secured as necessary to prevent dislodgement.

             (4)  Gangplanks shall be provided with cleats and handrails or ropes not less than 91.44 centimetres in height.

104/79 s30; 73/83 s4

Lifebuoys, floating equipment

     44. (1) 76.20 centimetres diameter lifebuoys shall be provided during working hours on all fixed and floating structures where workers are employed on or about the water.

             (2)  Lifebuoys shall be fitted with not less than 15.24 metres of 9.52 millimetres diameter manila rope or other material of equal strength and the lifebuoys shall be placed in conspicuously marked locations spaced at intervals not exceeding 76.20 metres.

             (3)  Lifebuoys shall meet the requirements of standards acceptable to the assistant deputy minister.

             (4)  Floats or rafts used as work stages and a staging erected on them shall be constructed and used so that workers are not endangered by instability or excessive movement of the equipment.

             (5)  When workers are employed on floating equipment exposed to the hazards of weather or the movement of water traffic, the equipment shall be provided with a warning or signalling device for use in case of distress, fog or other hazardous or emergency circumstances.

             (6)  Whenever workers are employed on floating equipment, a boat ready for immediate use shall be available for rescue or escape.

104/79 s30; 73/83 s4

Fire and explosion

     45. (1) When workers are employed in or about bilges, tanks, compartments or cargo spaces of marine equipment and where there is a possibility of the presence of volatile or flammable substances, gases or vapours, the employer shall institute a system of inspections and tests to determine whether they are present before any work is undertaken.

             (2)  Where volatile or flammable substances, gases or vapours are present, or arise from the work process, the hazard shall be removed or controlled by ventilation or other effective means.

             (3)  Where volatile flammable substances, gases or vapours are present, or arise out of materials and equipment used, or arise from the work process, all existing or potential sources of ignition shall be controlled or eliminated.

104/79 s30; 73/83 s4

Truck loading and unloading hazardous products

     46. (1) Trucks shall be electrically bonded and grounded during the loading and unloading of bulk petroleum products.

             (2)  While a tank truck containing flammable vaporizing liquids is being connected or disconnected, a vehicle shall not be started or have its motor running in the loading area.

             (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 hours of darkness.

104/79 s31

Cleaning and repairing of vessels and tanks

     47. (1) The Boiler, Pressure Vessel and Compressed Gas Act and regulations shall supersede this section.

             (2)  Pipe or hose lines containing hazardous substances under pressure, or which are so located as to allow hazardous substances to drain into a vessel, shall be blanked or blinded off before a worker enters the vessel.

             (3)  Blanks or blinds installed in a pipeline shall be of sufficient strength to contain the anticipated pressure and shall clearly indicate whether the line is open or closed.

             (4)  Where threaded pipes are used, threaded steel plugs or steel caps shall be used to blank the pipelines.

             (5)  Unless an approved ventilation system has been used to ensure the removal of harmful or toxic gases, a worker shall not enter a tanker, tank, vessel, tunnel, sewer or confined space until tests have been made to determine the presence of a harmful or toxic gas or a deficiency of oxygen.

             (6)  If tests have indicated the presence of a harmful gas or a deficiency of oxygen, the entry may only be made after

             (a)  the tanker, tank, vessel, tunnel, sewer or confined space has been ventilated; or

             (b)  the worker has been provided with and is wearing breathing apparatus.

             (7)  When a worker is required to wear breathing apparatus in a tanker, tank, vessel, tunnel, sewer or confined space he or she shall

             (a)  wear an approved safety‑belt to which is attached a lifeline tended by another worker stationed, equipped and capable of effecting a rescue; and

             (b)  if he or she has entered from the top, wear a safety harness which will keep him or her in an upright position when suspended.

             (8)  When a worker is not required to wear breathing apparatus in a tanker, tank, vessel, tunnel, sewer or confined space he or she shall

             (a)  be attended by another worker stationed at or near the entrance;

             (b)  be provided with a means of continuous communication with a worker outside; and

             (c)  be visually checked at frequent intervals by a responsible worker.

             (9)  After a vessel or tank has been cleaned, and before further work is performed, the vessel or tank shall be ventilated and tested for toxic and flammable gases and materials and oxygen deficiency and repeated tests shall be made while work is in progress.

104/79 s31

Combustible substances

     48. (1) Where work or manufacturing processes involve the use of flammable liquids, vapours or gases

             (a)  ignition points shall be adequately controlled to prevent ignition of flammable substances;

             (b)  volatile flammable solvents with flash points below 37.78° Celsius shall not be used as manual cleaning agents;

             (c)  the concentration of flammable liquids, vapours or gases in the work area shall be maintained below the lower explosive limit of the substance involved; and

             (d)  containers used to carry, transfer and store flammable solvents shall be electrically grounded or bonded while their contents are transferred from one container to another.

             (2)  Waste materials contaminated with solvents, oils, grease, paints and other flammable substances shall be placed in covered metal containers before disposal and they shall not be stored in work areas.

             (3)  Where a work process releases finely‑divided combustible dust within an enclosed area where workers are employed, effective dust control equipment shall be used.

             (4)  Collectors of combustible dusts, other than those of the liquid spray type, shall be located outside or in isolated enclosures remote or protected from sources of ignition and shall be provided with explosive relief vents.

             (5)  Electrical wiring and equipment in collector and associated rooms or enclosures shall be of the explosion‑proof type.

             (6)  Where combustible dust collects in buildings or structures, machinery or equipment, it shall be removed before the accumulation of the dust creates a fire or explosion hazard.

104/79 s31

Radiation hazards

     49. (1) Employers and workers concerned with the use, storage, handling, transportation or disposal of radioactive substances shall comply with

             (a)  the Atomic Energy Control Board Regulations of Canada;

             (b)  regulations made under applicable federal or provincial legislation; and

             (c)  regulations that may be made by the Lieutenant‑Governor in Council.

             (2)  Equipment capable of producing ionizing or non‑ionizing radiation shall be shielded, and suitable protective clothing or equipment shall be provided and used to ensure that no worker receives exposures in excess of recognized safe quantities.

             (3)  Safe operating procedures for the protection of workers in radiation environments shall be developed in accordance with national safety codes released by the Department of National Health and Welfare, Ottawa, or instructions issued by or acceptable to the assistant deputy minister.

             (4)  An employer shall ensure that each worker has read and understands the respective safety code or instructions for the radiation in which he or she is working.

104/79 s31

Noise hazards

     50. (1) When workers are required to work in areas in which noise levels exceed the criteria for permissible noise exposure

             (a)  the employer shall first take appropriate measures to reduce the noise intensity to approved levels; or

             (b)  if it is not practicable to reduce the noise to approved noise levels, or isolate the workers from the noise, the workers shall wear personal protective equipment which will effectively protect their hearing.

             (2)  Criteria for permissible noise shall be as established by the ACGIH.

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Asbestos hazards

     51. (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 as is practically attainable.

             (2)  A person shall not remain in a place where the work atmosphere contains asbestos dust in harmful concentrations unless respiratory protection acceptable to the assistant deputy minister is worn.

             (3)  Where insulation materials containing asbestos are applied by spray methods, the following minimum requirements shall apply:

             (a)  the immediate work area shall be enclosed and cleared of all objects, materials and equipment other than that required for the application of asbestos‑containing insulation materials, or those objects, materials and equipment shall be covered with suitable tarpaulins before spray application commences;

             (b)  all interior openings such as elevator shafts and stairways shall be sealed to prevent escape of asbestos containing materials from the work area;

             (c)  only spray applicator operators equipped with suitable respiratory protection and protective clothing shall be permitted to work in the enclosed work area;

             (d)  asbestos fibre mixing equipment shall be located outside the enclosed area and if this is not feasible, operators of the equipment shall wear suitable respiratory protection and protective clothing;

             (e)  signs shall be posted outside the enclosure warning persons of the hazard of entering the enclosure without suitable respiratory protection and protective clothing;

              (f)  rebound and other waste material shall be cleaned up as the work progresses and a thorough cleanup of material shall be undertaken at the end of each shift;

             (g)  moist asbestos‑containing waste material may be cleaned up with a broom but dry waste material shall be cleaned up by vacuum, with the air discharged through an effective filter;

             (h)  all asbestos‑containing waste or discarded material shall be placed in sealed bags or other suitable containers for transfer to a disposal site;

              (i)  protective clothing shall be cleaned at the end of each work shift and left at the work site or disposed of as asbestos waste.

             (4)  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.

             (5)  When asbestos‑containing insulation is being removed, dust concentrations shall be controlled by adequate local exhaust ventilation with the discharged air passed through an effective filter.

             (6)  When asbestos mortar is mixed, dust concentrations shall be controlled by adequate local exhaust ventilation or other effective means.

             (7)  When pads and blankets containing asbestos materials are fabricated or installed, dust concentrations shall be controlled through adequate local exhaust ventilation or other effective means.

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Personal protective equipment ‑ wearing apparel

     52. (1) The personal wearing apparel of a worker shall be a type and condition that will not expose him or her to unnecessary and avoidable hazards.

             (2)  Where there is danger of contact with moving parts of machinery

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

             (b)  dangling neckwear, bracelets, wristwatches, rings or like articles shall not be worn; and

             (c)  cranial and facial hair shall be completely confined or cut short so as not to extend to the shirt collar.

             (3)  Workers whose duties are regularly performed in areas and under circumstances where they are exposed to the danger of moving vehicles shall wear

             (a)  distinguishing apparel; or

             (b)  devices of highly visible materials unless equally suitable means of protection are provided.

             (4)  workers shall wear substantial shoes or boots made of leather or other firm material where there is the danger of injury to feet through falling or moving objects, or from burning, scalding, cutting or like causes.

             (5)  Shoes or boots shall be safety toed where there is a recognized hazard of crushing the feet.

             (6)  Where there is the danger of puncturing the feet from protruding nails, etc., puncture proof soles shall be worn.

             (7)  In an occupation where there is a hazard of crushing the feet, suitable footguards shall be worn by workers.

             (8)  Subsections (4) to (8) shall not apply when the worker is wearing footwear providing equivalent protection.

104/79 s31

Head protection

     53. (1) Canadian Standards Association Code Z94.1 approved safety hats shall be worn by workers in all work areas in which a potential hazard exists from falling, flying or thrown objects or from other harmful contacts.

             (2)  When workers are exposed to electrical hazards, they shall wear safety hats designed for protection from these hazards.

104/79 s32

Hand protection

     54. All workers handling materials liable to puncture, abrade or irritate hands or arms shall wear gloves, mitts or other personal protective equipment to prevent those injuries, except when the use of this equipment introduces greater hazards.

104/79 s32

Acids and caustics

     55. Workers handling or using acids, caustics and other harmful substances shall use personal protective equipment, or other means shall be adopted that will provide equivalent protection against these hazards.

Eye protection

     56. Eye protection equipment appropriate to the exposure and in accordance with C.S.A. Code Z94.3 shall be worn wherever workers are exposed to the threat of eye injury.

104/79 s32

Respiratory protection

     57. (1) During temporary or emergency conditions a worker who is required or permitted to work in a place where there is danger to health from harmful concentrations of gases, vapours, mists or dusts, or oxygen deficiency, shall wear respiratory protective equipment appropriate to the circumstances.

             (2)  Where respiratory equipment is required to be worn, excess hair on the scalp or face, likely to prevent effective sealing of the facepiece to the facial skin, shall be removed.

             (3)  In a work area where danger from toxic or corrosive gases may exist or evolve, a worker entering the area shall wear on his or her person respiratory equipment appropriate for the hazard involved.

             (4)  Access points to an area referred to in subsection (3) shall have signs displayed which warn that respiratory equipment is required and those signs shall name the gas involved and a worker who is not trained as required in subsection (5) shall not be permitted to enter that area.

             (5)  A worker who might be required to use respiratory equipment shall be trained in the use of that equipment.

             (6)  When workers may be exposed to or confined in a noxious, toxic or oxygen‑deficient atmosphere, the employer shall ensure that there shall be available during working hours a sufficient number of workers trained in rescue procedures who have access to breathing apparatus which will enable them to effectively carry out rescue procedures.

             (7)  Mechanical filter respirators shall not be used for protection against solvent vapours or injurious gases or in atmosphere deficient in oxygen.

             (8)  Cartridge respirators and canister masks

             (a)  shall be marked to identify the nature of protection provided;

             (b)  shall not be used otherwise than as marked;

             (c)  shall not be used for periods of time in excess of their usefulness; and

             (d)  shall not be used in atmosphere deficient in oxygen.

             (9)  Cartridges and canisters shall be replaced after each use or under other conditions specified by the manufacturer.

           (10)  Supplied air respirators or hose masks may be used

             (a)  in atmospheres in which the concentration of contaminants is in excess of that which is safe for the cartridge or canister respirators;

             (b)  where there is a deficiency of oxygen; and

             (c)  where the nature and location of the work is such that a fresh air supply cannot be maintained.

           (11)  When respirable air supply is provided by compressors, fans or compressed air cylinders, the employer shall ensure that the air is suitable for respiration and devoid of foreign material such as dusts, oil vapour and noxious gases in accordance with C.S.A. Code Z180.

           (12)  Suitable self‑contained air or oxygen breathing apparatus shall be used in atmosphere containing high concentrations of contaminants or a deficiency of oxygen.

           (13)  Self‑contained breathing apparatus shall be used only by workers who have been trained in the use of this equipment.

           (14)  Breathing apparatus shall be under the supervision of a competent person who shall be responsible for the proper maintenance and storage of the apparatus.

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Hearing conservation

     58. Workers exposed to excessive noise shall wear suitable devices to protect their hearing.

104/79 s32

Water hazards

     59. (1) When a worker is employed under conditions which expose him or her to risk of drowning, he or she shall wear a device having a buoyant effect sufficient to maintain his or her head above water without effort on his or her part.

             (2)  The device referred to in subsection (1) shall be Ministry of Transport (M.O.T.) approved and shall not be dependent upon manual manipulation to produce the buoyant effect.

             (3)  Personal protective equipment shall be maintained in good working order and in a sanitary condition.

104/79 s32

Safety‑belts and lifelines

     60. (1) Where it is impracticable to provide adequate work platforms or staging, safety‑belts and lifelines or safety straps shall be worn by all workers employed over pits, shafts or moving machinery and by all workers working at elevations greater than 3.05 metres above grade or floor level in accordance with C.S.A. Code Z259.1.

             (2)  This section shall not apply to structural steel erectors or similar tradesmen who are experienced in working at heights and where the use of a safety‑belt and lifeline may produce an additional hazard, or where a safety net or equivalent protection has been provided.

             (3)  When a worker is employed under circumstances where he or she might become entrapped by material, or be overcome by another cause, he or she shall wear a safety‑belt or safety‑harness attached to a lifeline or other device attended by another worker who shall be stationed, equipped and capable of immediately effecting a rescue.

             (4)  Safety‑belts, safety straps, lifelines and all interconnecting parts shall be of sufficient strength to support before breaking a weight of 1134 kilograms.

             (5)  All metal fittings used on or with safety‑belts shall conform to the metallurgical strength requirement standards as specified by the Canadian Standards Association.

             (6)  Permanent anchors to which safety straps or rope terminals may be attached shall conform to the requirements of subsections (4) and (5).

             (7)  Rope used for lifelines or safety straps shall be manila, of not less than 19.05 millimetres diameter or material of equal strength.

             (8)  When axes or other tools are used which are likely to sever, abrade or burn the lifeline or safety strap, a wire rope or wire cored fibre rope shall be used.

             (9)  Where workers are engaged in work in proximity to energized electrical circuits where conductive safety straps cannot be used, 2 non‑conductive safety straps shall be worn to provide the additional protection required.

           (10)  The safety strap shall be so attached to the safety‑belt that it cannot pass through the belt fittings should either end become loose from its anchorage.

           (11)  Thimbles shall be installed to protect ropes from chafing at points of connection to eyes, rings and snaps.

           (12)  Safety‑belts, safety straps and lifelines shall be arranged to limit the free fall of a worker to 1.22 metres.

           (13)  No more than one worker shall be attached to a lifeline.

           (14)  Belts, straps, harnesses, lifelines and other similar devices shall be kept free from substances and conditions which could contribute to deterioration and this equipment shall be carefully inspected before use.

           (15)  If an impairment of function is detected the defective part shall be removed from service.

104/79 s32

Machinery and equipment guards

     61. (1) Machines or equipment having exposed moving parts that constitute a hazard to workers shall be equipped with guards which shall provide protection against contact with moving parts, or prevent access to the danger zone during operations.

             (2)  Guards shall be of a fixed or hinged design, constructed, installed and maintained so that they are capable of effectively performing the functions for which they are intended.

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Power transmission guards

     62. (1) The exposed rotating components of all friction‑drives shall be guarded against contact by workers.

             (2)  All forms of spur‑gears, pinions, bevel gears and sprockets for chain drives shall

             (a)  be completely enclosed; or

             (b)  where complete enclosure is impracticable they shall have a band‑type guard provided with side flanges which shall extend inward beyond the root of the teeth; and

             (c)  where there is a hazard from exposed spokes the gears shall be enclosed on the exposed side.

             (3)  Guards shall be provided where cranks, connecting rods, tail rods and extension piston rods, and other reciprocating parts are exposed to contact by workers.

             (4)  Friction‑clutch couplings shall have exposed operating mechanisms guarded and operating handles shall be placed at a safe distance from the coupling.

             (5)  Revolving shafts, couplings and collars shall be guarded where exposed to contact by workers.

             (6)  Set screws and bolts on revolving parts of machinery shall be installed flush with collars or shafts, or be guarded.

             (7)  Keys and keyways on revolving machinery exposed to contact by workers shall be made flush or guarded.

             (8)  All power transmission belts, ropes, chains or drive shafts which are located within 2.13 metres of the floor, walkway or platform shall be

             (a)  guarded by enclosure; or

             (b)  by a guardrail.

             (9)  All belts, ropes or chains used for power transmission when located over an area used by workers shall have a guard which will effectively protect workers from injury as a result of the failure of the belt, rope or chain.

           (10)  All projecting shaft ends shall be guarded to prevent contact by workers.

           (11)  All sections of flywheels or pulleys which are within 2.13 metres of the floor or platform shall be

             (a)  guarded by enclosure; or

             (b)  by a guardrail; and

             (c)  pits for flywheels or pulleys shall have a toe‑board or curb.

           (12)  Guardrails installed to prevent contact with moving machinery shall be located to provide a clearance of not less than 38.10 centimetres and not more than 50.80 centimetres between the rail and the machinery. The design and construction of guardrails shall be to prevent contact by workers with moving machinery.

104/79 s33

Power transmission equipment ‑ general

     63. (1) When a belt is not in use it shall be hung clear of shafting and pulleys.

             (2)  When it is necessary to apply belt dressing to moving belts the dressing shall be applied only at the point where the belt leaves the pulley.

             (3)  Cast iron flywheels and pulleys shall not be operated at rim velocities in excess of manufacturer's specifications and in the absence of those specifications rim velocity shall not exceed 1828.80 metres per minute.

             (4)  Pulleys or flywheels with defects or which have been exposed to excessive heat shall be removed from service.

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Conveyors ‑ guards

     64. (1) The nip‑points of belt conveyors shall be guarded when exposed to contact by workers.

             (2)  Screw‑type conveyors shall be guarded and all feed points shall be designed so that

             (a)  the worm or screw is effectively guarded against personal contact; or

             (b)  when it is impracticable to guard the feed points, the workers shall be provided with and shall use suitable tools or devices which will prevent them from coming into contact with the screw.

104/79 s33

Conveyors ‑ general

     65. (1) Conveyors that operate over areas used by workers shall be designed to prevent material falling into these areas, and means shall also be provided to prevent broken parts of the conveyor from falling into these areas.

             (2)  Workers shall not cross conveyors except at established walkways and walkways shall be not less than 50.80 centimetres in width and shall be equipped with guardrails on the open sides.

             (3)  Where a conveyor constitutes a hazard to workers, they shall be protected by the installation of guardrails or they shall wear safety‑belts or other effective means of restraint.

             (4)  The protection shall be provided on hazardous conveyors where workers might fall onto a conveyor, or where the accessible sides of a conveyor are located less than 91.44 centimetres above the level of adjacent floors, platforms or walkways.

             (5)  Conveyors which pose a hazard to workers shall be equipped with emergency stopping devices, located in proximity to the conveyors, or workers shall wear safety‑belts or other effective means of restraint.

             (6)  Emergency stopping devices shall be so arranged that after an emergency stop the conveyor can only be restarted after manually resetting the stopping device.

             (7)  A conveyor shall not be restarted after an emergency stop until it has been inspected to determine that it can be operated safely.

104/79 s33

Punch presses ‑ guards

     66. (1) This section shall apply to all types of presses or other equipment having hazards of a like nature.

             (2)  Means of guarding the point of operation shall be provided and used on every punch press, or special hand tools shall be provided and used to prevent the hands of the operator being injured.

             (3)  After the die‑setter has set the dies, and before the machine is placed into operation, he or she shall ensure that guards and feeding arrangements effectively protect the operator from injury.

             (4)  When a ram‑enclosure type of guard is used,

             (a)  the opening between the bottom of the enclosure and the work or the working surface shall not exceed 9.52 millimetres;

             (b)  the top of the enclosure shall extend at least as high as the upper limit of the ram;

             (c)  there shall be no dangerous shear‑points between the guard and a moving part;

             (d)  openings in the guard shall not exceed 12.70 millimetres if within 10.16 centimetres of a danger point; and

             (e)  if farther away than 10.16 centimetres, openings shall not exceed 5.08 centimetres square or 2.54 centimetres wide.

             (5)  If the press is guarded by a gate‑guard or 2 hand tripping devices or sweep‑guards,

             (a)  the guards or devices shall

                      (i)  be simple and reliable in construction, application and adjustment,

                     (ii)  be permanently attached to the press‑frame,

                    (iii)  not present a hazard in itself, and

                    (iv)  shall be designed and constructed to minimize the possibility of removing or misusing essential parts and to facilitate inspection of them;

             (b)  the device shall be designed and constructed to prevent the operator from placing his or her hand within the danger zone while the ram is approaching the lower limit of its downstroke;

             (c)  2 hand tripping devices shall be designed to prevent the securing of one handle or button in the operating position;

             (d)  on slow‑acting presses the device shall be arranged so as not to permit the operator placing his or her hand in the danger zone after the press has been trapped and while the ram is still descending,

             (e)  openings in gates and sweep‑guards shall be

                      (i)  not greater than 12.70 millimetres if within 10.16 centimetres of a danger point, and

                     (ii)  if farther away than 10.16 centimetres, openings shall not exceed 5.08 centimetres square or 2.54 centimetres wide; and

              (f)  unless the device is directly connected to the ram, a non‑repeat attachment shall be provided by which the treadle or operating lever is disconnected after each stroke and a positive stop is introduced to stop the press.

             (6)  A non‑repeat attachment shall not be dependent upon the action of a spring, except a compression spring operating in or on a closely‑fitting barrel or rod and so wound that the space between the coils is less than the diameter of the wire.

             (7)  A non‑repeat attachment is not required for a gate‑guard so designed to ensure its being in place to offer full protection if the press should repeat from riding the treadle or breakage of the latch return spring.

             (8)  On every foot‑operated power press a guard shall be placed over the treadle to prevent inadequate tripping, unless the treadle is designed to prevent this hazard.

             (9)  Guillotine and alligator shears and cutters shall be fitted with guards or other devices which will

             (a)  prevent the hands of the operator from entering the point of operation while the shears are closing; and

             (b)  protect the operator from flying particles emanating from the shears.

104/79 s33

Presses ‑ general

     67. (1) Except on large presses which cannot be turned by hand the source of power shall be disconnected when setting dies.

             (2)  A power press operated by more than one worker shall be equipped with devices to prevent press operations until both operators' controls have been activated.

             (3)  When a power press equipped with more than one control station is operated by one worker, the disused controls shall be locked out.

             (4)  If a press is guarded by limiting the ram stroke the stroke of the ram shall be such that the clearance between the ram and the die or stripper shall not exceed 9.52 millimetres.

104/79 s33

Machine tools ‑ guards

     68. (1) Splash‑guards shall be provided to contain cutting or cooling fluids thrown from the work.

             (2)  Guards or other enclosures shall be used to prevent contact by workers with stock projecting from machine tools.

             (3)  All openings in shaper and planer beds shall be covered or guarded to eliminate shearing hazards.

             (4)  Guards shall be installed at the farthest points of travel of the carriages or tables of shapers, planer, surface grinders and like equipment to protect workers against contact with moving parts.

104/79 s33

Grinders ‑ guards

     69. (1) This section shall apply to all types of grinding machines including portable, bench, pedestal and swing‑type grinders.

             (2)  Abrasive wheels shall be guarded with protective hoods against the likelihood of a ruptured wheel.

             (3)  Hoods shall be designed to ensure that the angular exposure of the grinding wheel periphery and sides shall be limited to the minimum exposure possible, taking into consideration the type of wheel used and the nature of the work being performed.

             (4)  This subsection shall not apply to wheels used for internal work, mounted wheels of a shape or type which are 5.08 centimetres or less in diameter and threaded‑hole, cone and plug type where the nature of the work provides protection.

104/79 s33

Grinding and buffing

     70. (1) During grinding and buffing operations effective protection shall be worn to protect the operator's eyes in accordance with C.S.A. Standard Z94.3.

             (2)  When workers other than the operator are exposed to the hazards produced by the grinding or buffing operation, separate booths, barriers, exhaust systems or other effective means shall be provided to protect these workers.

             (3)  When work to be ground is hand‑held, grinding machines shall be equipped with adjustable work rests which shall be used. The rest shall be adjusted so that it shall not be below the centre line of the wheel not farther away than 3.18 millimetres from the cutting face.

             (4)  Grinding wheels shall not be operated at speeds in excess of the manufacturer's recommendations.

             (5)  Wheels which are excessively worn or show defects shall not be used.

             (6)  Grinding shall not be done on the sides of abrasive wheels unless they are designed for that use.

104/79 s33

Miscellaneous guards

     71. (1) All feed‑rolls shall be protected with a semi‑cylindrical guard to prevent the hands of the operator from coming in contact with the in‑running rolls at any point.

             (2)  The guard shall be designed to be effective for any thickness of material being processed.

             (3)  The clearance between the bottom of the guard and the contact face of the feed‑roll where it touches the material shall not be greater than 9.52 millimetres.

             (4)  Equipment that utilizes a power‑driven rotatable cylinder shall have the revolving parts enclosed or guarded to prevent harmful contact by a worker.

             (5)  Doors or gates to enclosures shall be so interlocked that they cannot be opened while the cylinder is in motion and the cylinder cannot be started while the doors or gates are open.

             (6)  If it is possible for the cylinder to move while being loaded or unloaded and the movement could endanger a worker, a suitable device shall be provided to prevent the movement.

             (7)  When tanks or containers are equipped with blades, paddles, arms or similar parts for agitating, mixing or other processes, suitable enclosures, guards, interlocks or locking devices shall be provided when necessary to prevent contact harmful to workers by the moving parts or materials.

             (8)  Moving parts of crushers, grinding mills, pulverizers and similar equipment that present a hazard to workers by reason of contact shall be enclosed or guarded.

             (9)  The procedures for feeding and discharging of material to and from processing equipment shall be arranged so that a hazard to workers is not created.

104/79 s33

Operating controls

     72. (1) All power‑driven machinery shall be equipped with a positive‑stop control located within easy reach of the operator.

             (2)  Where the automatic restarting of machinery which has been stopped through power failure constitutes a hazard to workers, the motor control device shall be designated to prevent restarting after restoration of power.

             (3)  Starting devices shall be arranged to prevent inadvertent operation.

             (4)  All manually‑controlled loose pulleys shall be provided with a permanent belt‑shifter located within easy reach of the operator and the belt‑shifter shall be equipped with a device to make it impossible for the belt to creep from the loose pulley onto the tight pulley.

             (5)  All belts over 10.16 centimetres in width running on cone pulleys shall be provided with belt‑shifters.

             (6)  Belt‑tighteners which control the operation of machines shall be equipped with a safety lock or stop which will prevent the application of the tightener to its belt until the lock or stop is released.

             (7)  A chain or cable shall be attached to all tightener‑frames to prevent the tightener‑pulley striking other pulleys or workers if the belt breaks.

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Working on machinery

     73. (1) The cleaning, piling or adjusting of moving machinery is prohibited when contact with moving parts could injure workers.

             (2)  When machinery or equipment is shutdown for maintenance or repairs, work shall not be carried out

             (a)  until all parts, extensions and attachments has been secured against inadvertent movement;

             (b)  when the nature of the work exposes workers to mechanical hazards or harmful substances, until the hazardous conditions have been removed; and

             (c)  until lock‑out procedures have been applied.

             (3)  When workers are required to work in a vessel which is connected to a system of piping, the control valves shall be padlocked or the piping disconnected or other means adopted which will prevent a substance flowing into the vessel in which they are working.

             (4)  Before commencing maintenance or repair work on power‑driven machinery or equipment, the control devices shall be

             (a)  locked in an inoperative position; and

             (b)  they shall have a tag attached prohibiting the operation of the control device.

             (5)  Each worker or crew of workers working independently of each other shall be responsible for

             (a)  tagging and locking the control devices; and

             (b)  the removal of the tags and locks.

             (6)  After tagging and lock‑out procedures have been applied, machinery and equipment shall be checked to ensure that the machinery or equipment cannot be operated.

             (7)  Tags and locks shall only be removed by

             (a)  the person who installed them; or

             (b)  in an emergency, by a supervisor who shall first ensure that the machinery or equipment can be operated safely.

             (8)  "Lock‑out device" shall mean, in the case of electrical controls, the isolating switch or circuit‑breaker controlling the flow of current to the branch‑circuit which supplies power to the machinery or equipment. The locking‑out of individual control buttons or switches on a console shall not be accepted as compliance with these regulations.

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Machinery operating requirements

     74. (1) Machines shall not be located in proximity to thoroughfares, structures or other machines so that they constitute a hazard to workers, unless effective measures are taken to guard against the hazard created.

             (2)  Restraining devices shall be used

             (a)  on connections of hoses or pipes under pressure when the inadvertent disconnection could cause a reaction dangerous to workers;

             (b)  on equipment under stress where the failure, fall or collapse of the equipment could injure workers; and

             (c)  to secure objects from falling where the falling would endanger workers.

             (3)  Sand‑blasting, shot peening, steam cleaning or similar operations shall be carried out only in a manner and under conditions which will prevent injury to workers.

             (4)  Operating controls on the equipment shall be immediately accessible to the operator.

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Gas welding and burning

     75. (1) Cylinders, piping and fittings of compressed and liquified‑gas systems shall be located or protected in a manner that prevents physical damage to them.

             (2)  Workers shall prevent sparks or flames from coming in contact with cylinders, regulators or hoses of compressed‑gas systems and all charged gas cylinders shall be protected from a source of heat in excess of 54.44° Celsius.

             (3)  Before putting a gas‑welding or burning equipment into use, workers shall ensure that all 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.

             (4)  Regulators or automatic reducing valves of welding equipment shall only be used for the gas for which they are designed.

             (5)  Compressed gas cylinders

             (a)  shall not be hoisted by slings, dropped or subjected to impact and shall be secured against falling during storage, transportation or use; and

             (b)  shall be stored and used only in the upright position.

             (6)  Cylinder valves shall be closed and hoses drained when work is finished and when cylinders are empty, and valve protection covers shall be kept in position when the cylinders are not connected for use.

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Oxygen

     76. (1) Workers shall not

             (a)  permit oil or grease to contact oxygen cylinders, valves, regulators or other fittings; or

             (b)  handle oxygen cylinders or apparatus with oily hands or greasy gloves.

             (2)  Oxygen shall not be used

             (a)  in pneumatic tools;

             (b)  with preheating oil burners;

             (c)  to start internal‑combustion engines;

             (d)  to blow out pipelines;

             (e)  to clean clothing or work area;

              (f)  to create pressure; or

             (g)  for ventilation purposes.

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Electric arc welding

     77. (1) An arc welding shall not be done where a worker may be exposed to radiation from the arc, unless the workers wear suitable eye protection or are protected by screens.

             (2)  Gauntlet gloves and arm protection shall be worn by workers when electric welding.

             (3)  Workers shall wear suitable eye protection when chipping or cleaning welds.

             (4)  Welding work areas shall be kept free of electrode stubs, metal scrap and other slipping or tripping hazards and receptacles for electrode stubs shall be provided and used.

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Burning and welding

     78. (1) All workers exposed to the hazard of radiation from welding or burning operations shall use helmets, goggles and other appropriate personal protective equipment.

             (2)  When welding or burning operations emit harmful fumes, adequate ventilation shall be provided, or respirators shall be worn by workers exposed to the fumes.

             (3)  Burning, welding or other hot work shall not be done on a vessel, tank, pipe or similar structure where there is a likelihood of the presence of flammable dusts, fumes or vapours until

             (a)  tests have been made to indicate that the hours of work may be safely performed; or

             (b)  suitable procedures have been adopted to ensure safe performance of the work; and

             (c)  suitable procedures have been adopted to ensure that all existing or potential sources of ignition have been eliminated or effectively controlled.

             (4)  Where testing procedures are utilized, additional tests shall be made at intervals that will ensure the continuing safety of the workers.

             (5)  Burning, welding or cutting shall not be done where there is the danger of extreme heat coming into contact with a concrete surface unless that surface is protected from the source of heat.

104/79 s34

Explosive actuated tools

     79. (1) An explosive‑actuated tool shall not be used unless it is of a type which is certified as approved by the Canadian Standards Association Code Z166 or other authority acceptable to the assistant deputy minister.

             (2)  Every tool shall be legibly and durably marked to show the manufacturer's name or trademark and the model and serial number.

             (3)  Guards shall be legibly and durably marked to show the manufacturer's name or trademark.

             (4)  A worker shall not operate an explosive‑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 52 to 59.

             (5)  When not in use, all explosive‑actuated tools and their explosive charges shall be kept in a secure place or storage inaccessible to workers not authorized to handle them.

             (6)  Every explosive‑actuated tool shall be so designed that it cannot be discharged during loading or preparation to fire, or by the tool being dropped from any height.

             (7)  Every tool shall be provided with an attached device or other means for the safe extraction of cartridges.

             (8)  If the tool requires to be broken for loading, the firing mechanism shall be so designed as to be inoperative unless the separable parts are firmly locked together.

             (9)  The tool shall be so designed and constructed that firing shall be dependent upon 2 separate and distinct actions by the operator

             (a)  the discharge end of the tool shall be held firmly against the work surface with a pressure at least 2.27 kilograms greater than the weight of the tool; and

             (b)  the final firing movement shall be separate from the operation of bringing the tool into firing position.

           (10)  A tool shall be designed so that positive means of varying the power are available to enable the operator to select a power level sufficient to perform the work without the application of excessive force.

           (11)  An explosive‑actuated tool, other than captive and low velocity types, shall be provided with a guard or other device which will effectively confine flying particles and restrain materials that might ricochet and the tool shall be designed so that it will not operate when the guard is removed.

           (12)  A guard shall be mounted at a right angle to the axis of the barrel and every point of its outside edge shall be at least 3.81 centimetres distant from the centre of the barrel when the guard is indexed to the central position and if a guard is adjustable to permit fastening close to a wall, the movable parts which permit the adjustment shall be rigidly and permanently attached to the guard.

           (13)  A tool shall be so designed that, when the guard is indexed to the central position, it will not operate if the bearing surface of the guard is tilted more than 8° from the work surface.

           (14)  A guard shall be normally used in a central position and setting to an off‑centre position is permissible only when fastening close to a wall in which case the flat side of the guard shall be held flush against the wall.

           (15)  Special guards supplied by the manufacturer shall be used in an application, such as the use of barrel extensions, in which an air space of more than 4.76 millimetres wide occurs between the outside edge of the standard guard and the surface of the material into which the fastener is being seated, or between the guard and the material being fastened.

104/79 s35

Maintenance and modification

     80. (1) An explosive‑actuated tool shall be maintained in a safe working condition in accordance with the manufacturer's instructions and the operator shall thoroughly inspect the tool each day before using it, paying particular attention to the cleanliness of the chamber and barrel.

             (2)  Defective or unsafe tools shall be removed from service until satisfactory repairs have been made.

             (3)  Repairs or modifications shall only be effected by the manufacturer or a qualified repairman using parts made or supplied by the manufacturer.

104/79 s35

Cartridges and fasteners

     81. (1) The power of a tool shall be controlled by the selection of cartridges of sufficient power to perform the work without the application of excessive force.

             (2)  The power load strength of cartridges shall be described by load numbers from Number 1 to Number 12 with the strength increasing in steps as the load numbers increase in accordance with the requirements of Table 1.

             (3)  Cartridge cases and loads shall be identified by colour in accordance with Table 1 and load colour identification shall be placed on the cartridge or wadding of each power load.

             (4)  Caseless power loads shall be coded to identify the power load level by power load colours as specified in Table 1.

             (5)  Power load packages shall provide visual number and colour indication of the power level of the contained power loads as specified in Table 1.

             (6)  All boxes of fasteners shall be marked with the manufacturer's name and the type or size of fastener.

             (7)  The use of cartridges and fasteners shall be restricted to those types recommended for a specific tool by the manufacturer of the tool or of the cartridges or fasteners.

Power Load Strength and Colour Identification of Cartridges

Table 1

 

Load
Number

Cartridge
Case
Colour

Load
Colour

Nominal Velocity
Ballistic Slug
(metres per second)

1

Brass

Grey

300
(91.44)

2

Brass

Brown

390
(118.87)

3

Brass

Green

480
(146.30)

4

Brass

Yellow

570
(173.74)

5

Brass

Red

660
(201.17)

6

Brass

Purple

750
(228.60)

7

Nickel

Grey

840
(256.03)

8

Nickel

Brown

930
(283.46)

9

Nickel

Green

1,202
(366.37)

10

Nickel

Yellow

1,110
(338.33)

11

Nickel

Red

1,200
(365.76)

12

Nickel

Purple

1,290
(393.19)

Notes (Sections 79 to 81)

1. The nominal velocity applied to a 9.52 millimetre diameter, 22.68 gram ballistic slug, and has no reference to actual fastener velocity developed in a specific size or type of tool.

 

2. Maximum permissible deviation from the nominal velocity is 12.19 metres per second.

             (8)  Fasteners shall be driven into concrete in accordance with the following requirements:

Table 2

 

Type of Tool

Type of Fastener

Minimum Distance From Edge

Minimum Distance From a Previously Driven Nailed Fastener

Minimum Concrete Thickness

High Velocity

Regular

15.24 cm

15.24 cm

10.16 cm

High Velocity

Light Duty

7.62 cm

7.62 cm

6.35 cm

Low Velocity

Regular

5.08 cm

15.24 cm

10.16 cm

Low Velocity

Light Duty

5.08 cm

7.62 cm

6.35 cm

             (9)  Fasteners shall be driven into steel in accordance with the following requirements:


Table 3

 

Type of Tool

Type of Fastener

Minimum Distance From a Weld

Minimum Steel Thickness

High Velocity

Regular

5.08cm

9.52mm

High Velocity

Light Duty

5.08cm

4.76mm

Low Velocity

Regular

5.08cm

9.52mm

Low Velocity

Light Duty

5.08cm

9.52mm

           (10)  Regardless of the foregoing, a fastener shall not be driven so close to corners or edges as to

             (a)  cause the receiving material to break off; or

             (b)  render the guard ineffective.

104/79 s35

Prohibition re fasteners

     82. (1) A worker shall not fire a fastener into a material where there is a possibility of injury to workers by the passage of the fastener through the material.

             (2)  A high velocity tool shall not be used to drive a fastener into a hollow concrete block.

             (3)  A fastener shall not be driven through an existing hole, unless the tool is specifically equipped by the manufacturer for accurate alignment of the barrel with the hole.

             (4)  When anchor or finishing discs, clips or other attaching fixtures are used in conjunction with fasteners, they shall be held in position and proper alignment by means of pressure fitting, magnetic adaptors or other effective means to keep the fixtures from deflecting the fasteners during the firing process.

             (5)  An explosive‑actuated tool shall not be used to drive a fastener into a receiving material of cast iron, glazed brick or tile, terra cotta, marble, granite, slate, glass or another unusually hard or brittle material, or into a steel surface that is of greater hardness than the fastener being used.

             (6)  When the hardness of the receiving material or surface is not known, it shall be tested by using a hand‑hammer to drive the point of the fastener into the material.

             (7)  If the point of the fastener does not penetrate the surface, an attempt shall not be made to use the tool on that surface.

104/79 s35

Prohibition re flammable substances and explosive activated tools

     83. (1) Explosive‑actuated tools shall not be used where flammable or explosive gases, vapours, dusts or other substances are present.

             (2)  When explosive‑actuated tools are used in confined places, ventilation shall be provided.

             (3)  The tool shall not be loaded until inspection has revealed the breech and barrel to be free of foreign matter.

             (4)  Loading shall be done only to prepare the tool for immediate use, and the tool shall not be left in a loaded condition.

             (5)  An explosive‑actuated tool shall only be fired when held in a firm grip by an operator having secure footing directly behind the tool.

             (6)  If a misfire occurs, the operator shall continue to hold the tool in the firing position for not less than 15 seconds.

             (7)  Until the cartridge has been ejected, he or she shall keep the tool pointed in a direction which will not cause injury to himself or herself or other workers.

             (8)  Tool operators, helpers and other workers in the immediate vicinity shall wear suitable eye protective devices of the close fitting eyecup or cover‑goggle type.

104/79 s35

Electrical requirements

     84. (1) All electrical installations, equipment, apparatus and appliances shall be in conformity with the requirements of the Provincial Electrical Code as adopted in the Electrical Regulations.

             (2)  Subject to subsection (3), only workers qualified to work on electrical conductors and equipment shall be authorized to do the work.

             (3)  Other workers may work on electrical conductors or equipment providing that they are under the direct supervision of a qualified worker.

             (4)  Rubber gloves, shields and other necessary safety equipment shall be used by workers engaged in working on energized electrical conductors or equipment operation at a voltage greater than 250 volts to ground.

             (5)  The maximum voltage permitted for the use of rubber gloves, shields and other necessary safety equipment while working on energized electrical conductors shall be 3000 volts to ground.

             (6)  A worker shall not work on an energized electrical conductor or equipment operating at more than 3000 volts, unless procedures satisfactory to the assistant deputy minister are used or the workers are provided with and trained in the use of special tools which are approved for use by an authority acceptable to the assistant deputy minister.

             (7)  Work shall not be done on an energized electrical conductor or equipment that has a voltage of more than 750 volts unless 2 or more workers are present while the work is being performed.

             (8)  This section shall not apply to the fusing of transformers where the transformer fuses are accessible without passing or reaching past electrical conductors or equipment carrying more than 250 volts nor shall it apply to work done with special tools which are designed for the purpose and which are used by workers who have been trained in the use of these tools.

             (9)  In tunnels and manholes, work shall not be done, or be permitted to be done, on energized electrical conductors or equipment having a voltage of more than 250 volts unless there are at least 2 qualified workers present.

           (10)  Work shall not be done in or around an area or structure in proximity to energized electrical conductors or equipment which are normally isolated by position or elevation, unless the electrical conductors or equipment are provided with guards which will effectively prevent contact by a worker, or by equipment being used or handled.

           (11)  Guards shall meet the specifications of an authority acceptable to the assistant deputy minister.

           (12)  Notices reading "DANGER ‑ HIGH VOLTAGE" shall be placed in prominent positions in proximity to energized electrical equipment, operating at over 750 volts, which may be accessible to workers.

104/79 s36; 122/89 ss1&2

Working on de‑energized equipment

     85. (1) Before workers are required or permitted to work on a part of an electrical power system which, for reasons of safety, must be handled in a de‑energized condition, the worker in charge shall ensure that the part of the system being worked on is de‑energized and grounded, and that the controls are tagged and locked to prevent the system being re‑energized.

             (2)  When control devices are not under the direct control of the workers, they shall receive assurance from the worker in charge of the control devices that the work may safely proceed and that assurance shall be recorded by the worker giving it.

             (3)  Before commencing work on the de‑energized part of the system, the worker in charge shall, by short circuiting and grounding or other effective means, ensure that the part or section is de‑energized and grounded and that all workers are protected against re‑energization.

             (4)  Control devices shall not be reopened except on the instruction of the worker who has requested the de‑energizing or a supervisor who has first determined that it is safe to do so.

104/79 s36; 122/89 ss1&2

Electrical tunnels and support structures

     86. (1) All tunnels and manholes which contain electrical conductors and equipment, and in which workers may be employed, shall be kept in safe and sanitary condition free from stagnant water, seepage or other drainage dangerous to health.

             (2)  Before workers start to climb or support themselves on a pole or structure or before work is done which will effect the stability of the pole or structure

             (a)  the pole or structure shall be tested for stability and when doubt as to the stability exists, the pole or structure shall be effectively guyed or otherwise supported before conductors are changed;

             (b)  guys or supports shall be left in place until workers are clear of the pole; and

             (c)  pike‑poles alone shall not be considered adequate support.

             (3)  Mail‑boxes, signs, clotheslines or other obstructions or hazards shall not be allowed on or in the close proximity to poles upon which workers are required to work.

             (4)  Means of access to switches and meters shall be clear of obstructions at all times.

             (5)  All electrical distribution switches and controls shall be clearly marked to indicate the machinery or equipment which they serve.

             (6)  Metal ladders or wire reinforced wooden ladders shall not be used in proximity to energized electrical equipment.

104/79 s36; 122/89 ss1&2

Powerline hazards

     87. (1) A worker shall not cause or permit material to be piled, stored or handled, no 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 which are capable of energizing the material mobile equipment or its load unless the employer has obtained in writing the voltage and minimum clearance distance required by the power utility.

             (2)  If the written clearances referred to in subsection (1) are unavailable from the power utility, a minimum 5.5 metres shall be maintained.

             (3)  When workers are required to work in an area where overhead or underground electrical conductors are located, the employer shall be responsible for

             (a)  maintaining the minimum clearance distance; and

             (b)  ensuring that no material or equipment is allowed to be handled or operated within the minimum clearance specified.

             (4)  This section does not apply to qualified electrical workers using safe work procedures specified by an authority acceptable to the assistant deputy minister.

             (5)  An assurance in writing signed by the workers controlling the electrical system shall be obtained before work commences and this assurance shall state that during the time that the work is to be carried on the electrical conductors will be

             (a)  de‑energized and grounded;

             (b)  effectively guarded against contact; or

             (c)  displaced or rerouted from the work area.

             (6)  The written assurance shall be available for inspection at the work project and shall be made known to all workers who may be permitted access to the area within which equipment or materials are to be moved or stored.

             (7)  If the electrical conductor is not de‑energized, or if written assurance is unobtainable before work commences,

             (a)  the area within which equipment or materials are to be moved shall be barricaded and supervised to restrict entry to only those workers necessarily engaged in the work,

             (b)  a worker shall be designated as a signal person whose sole task during the movement of equipment or material shall be

                      (i)  to observe the relative position of the moving equipment or material and the electrical conductors, and

                     (ii)  to order the movement stopped at any time that contact appears probable, or when conditions arise which prevent the signal person from properly performing his or her task;

             (c)  positive means shall be provided for the signal person to give a stop signal to the operator of equipment in conformity with the requirements of CSA standard Z256 ‑ 1972 and the signal person shall give the stop signal by no other means;

             (d)  if the operator does not have a clear view of the path to be travelled by the equipment and its load, the operator shall require that a signal person be assigned subject to the provisions of paragraph (b);

             (e)  while equipment or material is in motion in an area in proximity to energized electrical conductors, a worker other than equipment operators shall not touch or be permitted to touch a part of the equipment or material; and

              (f)  a worker shall not move or be permitted to move a load or a rigging‑line from its position of natural suspension when it is in proximity to energized electrical conductors.

             (8)  Workers shall not use oil‑base paint or other volatile flammable substances in electrical substations or a confined area where high voltage electrical current passes through.

             (9)  If oil‑base paints or other volatile flammable substances are to be used, the employer shall ensure that adequate ventilation exists, that high voltage electrical current is diverted and that entrances or exits shall have doors which will swing outward.

           (10)  A person shall not operate a mobile crane, boom truck or similar equipment without having first completed a safety training program on power line hazards as prescribed by the assistant deputy minister.

104/79 s36; 122/89 ss1&2

Ladders

     88. (1) Ladder design, construction and installation shall meet the requirements of

             (a)  the Canadian Standards Association for portable ladders;

             (b)  the American National Standards Institute for fixed ladders; or

             (c)  other standards that are acceptable to the assistant deputy minister.

             (2)  Where portable wooden ladders are constructed on the job site

             (a)  the side rails

                      (i)  shall be of 5.08 centimetre by 10.16 centimetre nominal dimensions up to 4.88 metres in length, and 5.08 centimetre by 15.24 centimetre nominal dimensions between 4.88 metre and 7.32 metre lengths, 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 30.48 centimetres;

             (b)  the cleats shall be of 2.54 centimetre by 7.62 centimetre nominal dimensions on ladders up to 4.88 metres in length, and 2.54 centimetre by 10.16 centimetre nominal dimensions on ladders between 4.88 metre and 7.32 metre lengths and the cleats shall be placed at 30.48 centimetre centres;

             (c)  the cleats shall be nailed directly onto the small surfaces of the side rails, using three 6.35 centimetre wire nails on each end of 10.16 centimetre cleats and 2 similarly sized nails on each end of 7.62 centimetre cleats; and

             (d)  the spaces on the side rails between the cleats shall be filled with close fitting and well secured fillers of the same thickness as the cleats.

             (3)  If protective coatings are applied to wooden ladders, only transparent coatings or preservatives shall be used.

104/79 s37

Portable ladders

     89. (1) Portable ladders shall be inspected before use and ladders with loose, broken or missing rungs, split side rails or other hazard producing defects shall not be used.

             (2)  When in use, a portable single or extension ladder shall be so placed that the horizontal distance from its base to its vertical plane of support shall be approximately one‑quarter of the ladder length between supports.

             (3)  The lower ends of ladder side rails shall rest on a firm and level base and the upper part of the side rails shall be rested upon a bearing surface of ample strength to support the applied load.

             (4)  A ladder shall be of sufficient length to project approximately 91.44 centimetres above the level of the upper landing to which it provides access.

             (5)  Portable single or extension ladders shall be equipped with a non‑slip type base or shall be held, tied or otherwise secured to prevent slipping.

             (6)  Where ladders are used in the vicinity of electrical currents they must be of a non‑conductor type and caution shall be taken to ensure that the necessary clearance from electrical conductors is maintained.

             (7)  A worker shall not work from either of the top 2 rungs of a single or extension ladder or the top 2 steps of a stepladder.

             (8)  Metal ladders or wire reinforced wooden ladders shall not be used in proximity to energized electrical equipment.

             (9)  Standard ladders shall not exceed the following lengths:

             (a)  stepladders ‑ 6.10 metres;

             (b)  trestle ladders or extension sections or base sections of extension trestle ladders ‑ 4.88 metres;

             (c)  single ladders ‑ 9.14 metres;

             (d)  extension ladders (2 sections) ‑ 14.63 metres; and

             (e)  extension ladders (more than 2 sections) ‑ 20.12 metres.

           (10)  Extension ladders shall be overlapped the following minimal distances:

 

Length of Ladder

Overlap Distance

Up to 10.97 metres

0.91 metres

10.97 to 14.63 metres

1.22 metres

14.63 to 20.12 metres

1.52 metres

104/79 s37

Fixed ladders

     90. (1) All fixed ladders more than 6.10 metres in length shall be

             (a)  provided with platforms at intervals not greater than 6.10 metres; or

             (b)  provided with safety cages starting at 2.44 metres from base of the ladder; and

             (c)  provided with acceptable devices to prevent workers from falling.

             (2)  Fixed ladders shall be anchored at intervals of not more than 3.05 metres for the entire length of the ladder.

             (3)  A continuous clearance of at least 17.78 centimetres shall be provided at the back of rungs of fixed ladders.

             (4)  Ladder rungs shall be omitted above the landing and the side rails shall extend at least 91.44 centimetres above the landing.

104/79 s37

Scaffolds and stages

     91. (1) Except as otherwise stated all scaffolds shall be designed, erected and maintained in accordance with the specification and requirements of

             (a)  the Canadian Standards Association;

             (b)  American Standards Association;

             (c)  standards acceptable to the assistant deputy minister; or

             (d)  a registered professional engineer.

             (2)  Wood used for scaffolds shall be of a grade suitable for structural purposes and shall be inspected and tested for defects before use.

             (3)  The vertical supports of scaffolds shall rest on a firm foundation or sills.

             (4)  All scaffolds 3.05 metres or more above grade shall be equipped with a guardrail not less than 1.07 metres in height and an intermediate rail.

             (5)  Scaffold planks shall

             (a)  be rough sawn and not less than 5.08 centimetre by 24.50 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, such as bricklaying and masonry; and

             (d)  be of uniform thickness in adjoining planks.

             (6)  The width of work platforms on scaffolds shall consist of not less than 50.80 centimetres.

             (7)  When the distance between the front and rear vertical scaffold supports is greater than 86.36 centimetres, additional planks shall be used so that no opening exists which is greater than the width of one plank.

             (8)  Extension‑type scaffold planks shall be designed, fabricated and used to provide the equivalent strength and stability of a solid 5.08 centimetre by 25.40 centimetre scaffold plank having a span of not more than 3.05 metres.

             (9)  Aluminium scaffold planks may be used if manufacturers' specifications are adhered to.

           (10)  Scaffolds shall be erected and dismantled by, or under the supervision of, workers experienced in that work.

           (11)  A damaged or weakened scaffold shall not be used until it has been effectively repaired or strengthened.

           (12)  An employer shall ensure that scaffolds used by his or her workers are in safe condition whether or not scaffolds have been erected by his or her workers.

           (13)  Only material for current use shall be kept on a scaffold, and at no time shall a scaffold be overloaded.

           (14)  Safe means of access shall be provided to all working levels of the scaffolding.

104/79 s38

Prefabricated scaffolds

     92. (1) Before assembly at the work site, each part of prefabricated scaffolding shall be inspected for defects and defective parts shall not be used.

             (2)  Scaffolding shall be erected plumb and level, and all connections shall be securely fastened.

             (3)  Scaffolds shall be secured to the building structure every 4.57 metres vertically and 6.10 metres horizontally.

104/79 s38

Wood scaffolds

     93. (1) The spacing of vertical supports of wood scaffolds

             (a)  shall not exceed 3.05 metres when used for general purposes; and

             (b)  shall not exceed 2.13 metres when used for heavy work, such as bricklaying and masonry.

             (2)  Components of light duty single‑pole scaffolds shall have minimum nominal dimensions conforming to the following table:

Component

Dimensions

Uprights ‑ up to 6.10 m

5.08 by 10.6 cm

Uprights ‑ 6.10 to 15.24 m

10.16 by 10.16 cm

Bearers ‑ 91.44 cm span

2.54 by 15.24 cm

Bearers ‑ 152.40 cm span

5.08 by 15.24 cm

Ledgers

2.54 by 15.24 cm

Braces

2.54 by 15.24 cm

Wall‑scabs and Bearer‑blocks

5.08 by 15.24 cm

Minimum Platform Width

2 ‑ 5.08 by 25.4 cm

Guardrails (Top)

5.08 by 10.16 cm

Guardrails (Intermediate)

2.54 by 15.24 cm

Toe‑boards

2.54 by 10.16 cm

             (3)  Components of double‑pole scaffolds shall have minimum nominal dimensions conforming to the following table:

Dimensions

 

Components

Light Duty

Heavy Duty

Uprights ‑ up to 6.10 m

5.08 by 10.16 cm

6.08 by 15.24 cm

Uprights ‑ 6.10 to 15.24 m

10.16 by 10.16 cm

10.16 by 15.24 cm

Bearers ‑ 152.4 cm span



2 ‑ 2.54 by 15.24 cm or
1 ‑ 5.08 by 15.24 cm

2 ‑ 5.08 by 15.24 cm or
1 ‑ 5.08 by 25.4 cm

Ledgers

2.54 by 15.24 cm

2.54 by 15.24 cm

Braces

2.54 by 15.24 cm

2.54 by 15.24 cm

Minimum Platform Width

2 ‑ 5.08 by 25.4 cm

4 ‑ 5.08 by 25.4 cm

Guardrails (Top)

5.08 by 10.16 cm

5.08 by 10.16 cm

Guardrails (Intermediate)

2.54 by 15.24 cm

2.54 by 15.24 cm

Toe‑boards 

2.54 by 10.16 cm

2.54 by 10.16 cm

 

Note: Spacing of Building Ties ‑ Vertical 4.57 metres ‑ Horizontal 6.10 metres

             (4)  The extension of single, vertical supports shall be by means of a butt joint strengthened by 2 wooden splice plates not less than 1.22 metres long and having a combined cross‑sectional area not less than the cross‑sectional area of the single vertical support.

             (5)  When vertical supports are fabricated by joining together 2 or more pieces of material to obtain the required cross‑sectional dimension, the distance between joints shall be not less than 1.22 metres.

             (6)  Scaffolds shall be adequately supported in 2 directions by a system of diagonal braces. Braces shall be connected to the uprights as close as possible to the ledgers.

             (7)  On a single‑pole scaffold the inner supports of bearers shall be of substantial construction and securely fastened to the wall.

104/79 s38

Swing stages

     94. (1) Cornice hooks used for the support of swing stages shall be sufficiently rigid to sustain forces applied from any direction.

             (2)  When the point of a cornice hook is used to support the stage, the hook shall be securely tied back to a solid anchorage on the building or structure.

             (3)  Hooks, used in swing‑stage suspensions, shall be moused or be fitted with safety‑latches.

             (4)  When used to suspend swing stages, thrust‑outs

             (a)  shall be fabricated from

                      (i)  wood of a grade suitable for structural purposes with minimum dimensions of 10.16 centimetres by 15.24 centimetres, or

                     (ii)  material having equivalent strength;

             (b)  shall be counterbalanced to support a weight equal to 4 times the amount of the static load;

             (c)  shall have the counterweights secured to them;

             (d)  shall have a device fastened at the outer end of the thrust‑outs to prevent the suspension slings from slipping off the thrust‑outs; and

             (e)  shall be securely tied back to solid anchorages on the building or structure.

             (5)  The platform of a swing shall be not less than 50.8 centimetres clear width and shall be one of the following types:

             (a)  a ladder‑type consisting of boards upon a horizontal ladder‑like frame the sides of which are parallel; or

             (b)  a plank‑type consisting of planks supported on stirrups, hangers or wire‑rope slings; or

             (c)  a design acceptable to the assistant deputy minister.

             (6)  When plank‑type platforms are used,

             (a)  the planks shall have a uniform thickness of not less than 5.08 centimetres;

             (b)  planks shall be tied together on the underside by cleats of a minimum size of 2.54 centimetres by 15.24 centimetres securely nailed, and spaced at intervals of not more than 1.22 metres;

             (c)  planks shall not exceed 3.66 metres in length; and

             (d)  stirrups or hangers shall be placed so that the span does not exceed 3.05 metres.

             (7)  Solid hangers for swing stages shall be made of wrought iron or mild steel, having a cross‑sectional area equal to 9.52 millimetres by 31.75 millimetres, or if round, not less than 19.05 millimetres in diameter and when wire rope is used for hangers, it shall not be less than 12.70 millimetres in diameter.

             (8)  When fibre rope is used for suspending swing stages, it shall be not less than 19.05 millimetres diameter manila rope, or be of material of equivalent strength and the pull‑line shall be substantially fastened to the point of the hook.

             (9)  Fibre rope shall not be used for suspending swing stages where the rope is exposed to the adverse effects of chemicals, unless the rope is inert to the chemicals.

           (10)  Fibre rope shall be reeved through a block and tackle system, comprising at least one double upper and one single lower block for each hanger.

           (11)  The hauling line shall be secured to the point of the lower block hook by means of a "painter's hitch" or other accepted fastening device.

           (12)  Wire rope used to suspend swing stages or similar equipment shall be at least 7.94 millimetres diameter improved plow steel or equivalent and the permissible total load on suspension cables shall not exceed one‑tenth of the breaking strength of the rope.

           (13)  Wire‑rope suspension cables shall be continuous and unspliced except for terminal eye splices where required.

           (14)  Winches for hoisting and lowering swing stages shall have a ratchet device and a worm gear mechanism, or other means to prevent slipping or free running of the drum.

           (15)  Hoist controls shall be protected against inadvertent operation through physical contact or electrical malfunction through the intrusion of moisture.

           (16)  Swing stages shall have

             (a)  a guardrail installed of not less than 91.44 centimetres in height on the outside edge of the platform; and

             (b)  an intermediate rail.

           (17)  The minimum size of lumber used for fabricating guardrails shall be

             (a)  5.08 centimetres by 7.62 centimetres for vertical supports;

             (b)  5.08 centimetres by 10.16 centimetres for the top rail; and

             (c)  2.54 centimetres by 15.24 centimetres for the intermediate rail.

           (18)  Vertical supports for guardrails shall be located at intervals not exceeding 3.05 metres.

           (19)  A swing stage on which loose material or equipment is carried shall have toe‑boards

             (a)  at least 20.32 centimetres in height on front and backsides, and

             (b)  wire netting of no greater mesh than 3.81 centimetres extending from the toe‑board to the top guardrail on the backside.

           (20)  A thorough inspection shall be made of swing stages and associated equipment before use each day and defective equipment shall not be used.

           (21)  A worker shall not work or be permitted to work on a swing stage which is 3.05 metres or more above grade unless he or she is attached to an independently‑anchored lifeline.

104/79 s38

Ladder‑jack scaffolds

     95. (1) Ladder‑jack type scaffolds

             (a)  shall only be used

                      (i)  for light duty operations, and

                     (ii)  where the work period between changes to scaffold position is of short duration;

             (b)  shall not be used at heights in excess of 4.88 metres above grade; and

             (c)  shall not have more than 2 workers on the scaffold at any one time.

             (2)  The distance between supports on ladder‑jack scaffolds shall not exceed

             (a)  3.05 centimetres when using 5.08 centimetre by 25.40 centimetre solid scaffold planks; and

             (b)  7.32 metres when using built‑up scaffold planks.

104/79 s38

Trestle scaffolds

     96. (1) The spread of the legs of trestles shall be equal to one‑half the height of the trestle and when folding trestles are used, means shall be provided to prevent the legs from spreading or closing in.

             (2)  Trestles used for scaffolds shall be set securely on the floor, or a firm footing shall be provided for this purpose and blocking under legs of trestles to increase the height is prohibited, and extensions shall not be added to the legs.

             (3)  A trestle scaffold or single trestle in excess of 6.10 metres in height shall not be used.

             (4)  Tiered‑trestle scaffolds shall not exceed 3 tiers or 3.66 metres in height and when placed in tiers, the trestles shall be placed directly over each other and shall rest on planks at least 5.08 centimetres in nominal thickness.

104/79 s38

Tower and mobile staging

     97. (1) Scaffolds shall be constructed and erected in accordance with the manufacturer's specifications and recommendations and

             (a)  all applicable members shall be utilized, including the diagonals in both the vertical and horizontal planes; and

             (b)  all necessary fasteners specified and recommended by the manufacturer shall be properly installed and secured.

             (2)  Scaffolds, with work platforms 3.05 metres or more above floor level, shall be equipped with guardrails and intermediate rails.

             (3)  Access to the platform shall be gained by means of fixed vertical ladders, stairways or hoists.

             (4)  The height of an unsecured tower scaffold shall not exceed 3 times the minimum dimension of the base unless the scaffold is securely tied or guyed to prevent overturning.

             (5)  When castors are used on scaffolds, means shall be provided to prevent movement of the scaffold while workers are on the scaffold.

             (6)  Scaffold planks shall extend not less than 15.24 centimetres and not more than 30.48 centimetres beyond the end supports or bearers of the structure and they shall be fitted with means to retain planks on the bearers.

             (7)  The entire area within the scaffold structure shall be decked at those levels where workers work or ride, except where guardrails are installed immediately about the perimeters of partially decked areas.

104/79 s38

Boatswain chairs

     98. (1) Boatswain chairs shall be suspended from 4 corners with the ropes crossed diagonally beneath the seat, and they shall be provided with a body‑belt to secure the worker to the seat.

             (2)  A 15.87 millimetre diameter rope or cable of equivalent strength shall be used for raising and lowering the boatswain chair by means of not less than a single and double sheave block and the hoisting rope shall be secured to prevent free running of the line.

             (3)  Where the occupant of the boatswain chair does not manually hoist or lower the chair, he or she shall wear a safety‑belt attached to a lifeline secured to a firm anchorage on the structure.

             (4)  A thorough inspection shall be made of the boatswains chair and associated equipment before use each day and defective equipment shall not be used.

104/79 s38

Roof work

     99. (1) Roof‑jacks shall be substantially constructed and maintained in good condition and they shall be provided with effective non‑slipping devices.

             (2)  Crawling‑boards or ladders used for roof work shall be securely fastened over the ridge of the roof or otherwise effectively anchored and the use of eavestroughs as supports is prohibited.

             (3)  When workers are employed on roofs having a pitch of one‑third or greater, a 5.08 centimetre by 10.16 centimetre toe‑hold shall be installed and the workers shall wear a safety‑belt secured to a firmly anchored lifeline.

104/78 s38

Prohibitions

   100. (1) The use of shore scaffolds or lean‑to scaffolds is prohibited.

             (2)  Barrels, boxes, loose tile blocks, loose piles of bricks or other unstable objects shall not be used for the support of planking intended as scaffolds or working platforms.

Vehicle‑mounted work platforms

   101. (1) Work platforms mounted on fork‑lift trucks shall

             (a)  be secured to the fork carriage;

             (b)  be fitted with guardrails, intermediate rails and toe‑boards on all open sides, or be enclosed to a height of 1.07 metres; and

             (c)  be fitted with guards to protect the occupants from contact with the elevating machinery.

             (2)  Workers shall not be transported on elevated platforms but they may remain on the platform while small adjusting movements are made.

             (3)  Aerial baskets and similar equipment shall be fitted with "deadman" type controls and emergency stop buttons in the basket and at operating stations.

             (4)  The controls of aerial baskets and similar equipment shall be protected against inadvertent operation through physical contact or electrical malfunction through the intrusion of moisture.

             (5)  Before the platform is elevated, the vehicle shall be immobilized against inadvertent movement and when on a slope, the wheels shall be chocked.

             (6)  Where the motion of the platform is controlled by the vehicle operator, he or she shall not leave the controls while workers are on the platform and shall respond only to signals from a designated occupant of the platform.

             (7)  Scaffolds, mounted on vehicles, shall be securely fastened to the vehicle in a manner that will assure the stability of the structure.

             (8)  Scaffolds shall be mounted only on vehicles which are equipped with levelling jacks, or other devices designed to maintain the chassis in a level attitude.

             (9)  Occupants of aerial baskets shall wear safety‑belts secured to the boom.

           (10)  A suitable device shall be installed to prevent the inadvertent lowering of the work platform that may result from a sudden hydraulic pressure loss.

104/79 s38

Construction towers and hoists

   102. (1) Towers and hoist‑shafts used in construction shall

             (a)  rest on a solid foundation;

             (b)  be substantially built;

             (c)  be securely anchored; and

             (d)  when necessary for stability, guy‑wires shall be used to support the structure.

             (2)  When booms are attached to construction towers, provision shall be made to support the imposed stresses.

             (3)  Access to construction towers shall be provided by means of ladders extending from the base to the top of the tower where safe access from the adjoining structure is not practicable.

             (4)  All hoist shaftways shall be enclosed to a height of at least 1.83 metres at each landing on all sides not used for loading or unloading.

             (5)  Entrances to hoist shaftways shall be protected by a barrier placed at least 45.72 centimetres outside the line of the shaftway.

             (6)  Where entrances to hoist shaftways are exposed to hazards from falling material, a substantial covering shall be provided.

             (7)  Hoist platforms shall be substantially constructed and be equipped with guardrails and toe‑boards on all sides not used for loading and unloading the platform.

             (8)  Runways to hoists shall have

             (a)  a substantial flooring the full width of the runways;

             (b)  each side of runways shall be formed of solid boarding or have a curb; and

             (c)  if more than 1.22 metres above grade, shall have guardrails.

             (9)  When hoisting equipment is of a type that control dogs are used on cable drums, the dogs shall be visible and accessible to the operator and the equipment shall be provided with an efficient brake system.

           (10)  Erection and maintenance of towers shall be performed by experienced workers only.

           (11)  Daily inspections shall be made of towers and all attached equipment.

104/79 s39

Operation

   103. (1) A worker shall not operate a hoist until he or she has demonstrated to the supervisor that he or she is a competent operator, familiar with the operating instructions and signal codes pertaining to the equipment and has been instructed and authorized to operate the hoist.

             (2)  A hoist operator shall be responsible for keeping the load within safe limits and for ensuring that all safety devices are in place and operable before he or she operates the hoist.

             (3)  A hoist operator shall not operate the hoist if he or she has a doubt as to its safe condition and he or she shall report an unsafe condition to his or her supervisor who will be responsible for determining the action to be taken.

             (4)  The hoist operator shall not leave the hoist controls unattended unless the platform is at grade level.

             (5)  A placard shall be placed on every hoist on which shall be clearly indicated the safe carrying capacity and hoists and platforms shall not be overloaded.

             (6)  A worker shall not ride on a construction hoist platform, except as necessary for authorized inspection and maintenance purposes.

             (7)  Every construction hoist shall have conspicuously displayed in or on the cage or platform, and at each landing, a notice stating that a worker shall not ride on the equipment.

104/79 s39

Signal systems

   104. (1) Hand signals may be used to control hoist operations, not exceeding 21.34 metres in height, where the operator has a clear and unobstructed view of all hoist landings and of the signalman.

             (2)  Where the operator does not have a clear and unobstructed view, or where the hoist is more than 21.34 metres in height, a signal system shall be installed at all hoist landings and at the operator's position and the system shall be designed to inform the operator of the level from which the signal originates.

             (3)  Means shall be provided to indicate the floor level of the platform, except where the hoist is not over 21.34 metres in height and where all hoist landings are clearly visible to the operator.

             (4)  Where bell or light signals are used to control the movements of the hoist platform, the following signals shall be used:

             (a)  1 bell or light ‑ " Stop";

             (b)  2 bells or lights ‑ "Raise";

             (c)  3 bells or lights ‑ "Lower"; and

             (d)  4 bells or lights ‑ "All Clear".

             (5)  A hoist operator shall not move the hoist until he or she is informed by signal that the equipment is clear for movement.

             (6)  Notwithstanding the provisions of this section, the requirements for tower cranes, personnel hoists and material hoists shall meet the requirements of the pertinent sections of the Elevators Act.

104/79 s39

Traffic control

   105. (1) Effective means of traffic control shall be provided whenever the unregulated movement of vehicular traffic constitutes a hazard to workers.

             (2)  Traffic control shall include patrol vehicles, traffic lights, signs, barricades, cones, detours, flagmen or other techniques and devices made necessary by the prevailing circumstances.

             (3)  Traffic control procedures and equipment shall be in conformity with the current regulations authorities

             (a)  on public highways, the Department of Works, Services and Transportation;

             (b)  in municipally controlled areas, the municipal authority having jurisdiction; and

             (c)  in unorganized areas, or where no municipal or other regulations exist, the assistant deputy minister.

             (4)  Notwithstanding subsections (1) to (3), firms providing professional traffic control services may employ other systems, equipment and procedures than specified hereafter, provided that they are acceptable to the assistant deputy minister.

             (5)  Barricades, cones or other devices shall be spaced at not more than 30.48 metre intervals, decreasing to 7.62 metres or less in the immediate vicinity of work operations and shall be located to give motorists adequate warning, avoiding the need for sudden stops.

             (6)  Operations or equipment, encroaching on the travelled way, shall be protected by suitable signs, lights, barricades, flagmen or other effective devices.

             (7)  Control devices shall be put into operation before the commencement of operations and shall be removed when the need for protection has terminated.

104/79 s40

Flagmen

   106. (1) Flagmen shall be employed

             (a)  when the following conditions or circumstances exist:

                      (i)  it is necessary to institute a one‑way traffic system through a construction area,

                     (ii)  traffic volumes are heavy, and

                    (iii)  approach speeds are high and a traffic signal system is not in use;

             (b)  when the following conditions or circumstances exist:

                      (i)  where construction vehicle traffic cannot be co‑ordinated with the existing traffic system,

                     (ii)  when an existing signal light system is not adequate to regulate traffic, and

                    (iii)  when the work abuts or projects into an intersection so as to interfere with regular traffic movements,

             (c)  when the following conditions or circumstances exist:

                      (i)  when workers or equipment are employed on the travelled way over the brow of a hill,

                     (ii)  when workers or equipment are employed around a sharp curve, and

                    (iii)  when workers or equipment are employed at a location where oncoming traffic would not otherwise have adequate warning of their presence,

             (d)  where any or all of the following conditions or circumstances exist:

                      (i)  where workers or equipment are employed in high speed areas,

                     (ii)  where workers or equipment are employed in high volume areas, and

                    (iii)  when temporary protection is required while other traffic control devices are erected or taken down.

             (2)  Flagmen shall be responsible workers who have been instructed in and have demonstrated an adequate knowledge of traffic control and flagging procedures, and a thorough knowledge of the regulations contained in this section and use of a worker who does not possess all the foregoing qualifications as a flagman shall be considered failure to use a flagman.

             (3)  Flagmen shall not engage in needless conversation, nor shall they depart from their points of duty until relieved.

             (4)  When 2 or more flagmen are working as a team, one shall be made responsible for traffic co‑ordination and for the initiation of changes in the direction of traffic flow and the flagman shall determine the duration of flow in each direction of travel in order to create a cycle which will result in minimum traffic delay and maximum protection of workers.

             (5)  Flagmen's stations, where 2 flagmen work as a team, shall not be located less than 15.24 metres from the work area except where space requirements dictate otherwise when working at or near an intersection.

             (6)  Except for brief flagging operations or in an emergency, "Flagman Ahead" signs shall be posted in advance of each flagmen's station and the signs shall be removed promptly when the flagging operation terminates.

             (7)  Each flagman shall be provided with and shall use

             (a)  a flagman's "STOP" and "SLOW" paddle and a rag or red flag shall not be considered an acceptable substitute for this device;

             (b)  a blaze red or blaze orange flagman's vest, poncho or jacket fitted with at least one horizontal white reflectorized stripe which shall be worn outside all other clothing and other apparel may be worn provided that it is acceptable to the assistant deputy minister;

             (c)  safety headgear, meeting the requirements of the assistant deputy minister, which has been fitted with strips of white reflectorized tape about the crown;

             (d)  a means of communication for flagmen in the same team where 2 flag stations are not intervisible and under no circumstances shall a system of passing batons or tokens be used to signify the last vehicle in a line travelling through a single lane control zone.

             (8)  During the hours of darkness or in conditions of poor visibility, each flagman shall be provided with and shall use

             (a)  a flagman's "STOP" and "SLOW" paddle with both faces reflectorized; and

             (b)  a flashlight fitted with a red signalling baton.

104/79 s40

Flagging signals

   107. (1) The standard flagging signals referred to in this section shall be used and given in a clear and precise manner.

             (2)  Where flagmen at opposite ends of a restriction use visual signals between themselves to assign changes in directional traffic flow, the signals shall be predetermined and shall not be mistaken for traffic flagging and signals.

             (3)  The following signals are acceptable to the assistant deputy minister:

             (a)  to instruct a fellow flagman to halt traffic, raise the free hand with fist clenched straight above the shoulder, wave the entire arm slowly from the upright position to a position directly out to the side at shoulder height and repeat signal as long as necessary;

             (b)  to indicate an all clear situation and instruct a fellow flagman that he or she may allow traffic to proceed, raise the free hand directly out to the side at shoulder height, lower the entire arm until it rests against the side of the body and repeat the signal as long as necessary;

             (c)  to indicate the approach of emergency vehicles, or other vehicles about to enter the control zone out of the operator's control, drop the stop and slow paddle, raise both arms to the side at shoulder height, then rapidly wave both arms from the shoulder level to a point above the head where the wrists will cross and continue signal until the fellow flagman is seen to take necessary action;

             (4)  A flagman shall stand in a safe position, preferably on the driver's side of the lane used by traffic under his or her control, where he or she will be clearly visible and where he or she has an unobstructed view of approaching traffic.

             (5)  Flagmen shall use normal signals when stationed on the driver's (left) side of the lane used by traffic under his or her control and alternate signals shall be used only when the flagman is stationed on the right side of traffic under his or her control.

             (6)  Normal signals to stop traffic are:

             (a)  in daylight, the flagman shall face approaching traffic and shall extend his or her left arm horizontally across the approach lane and

                      (i)  the flagman's paddle shall be held upright in the left hand with the "STOP" side facing traffic, and

                     (ii)  when an approaching vehicle has almost stopped, the right arm shall be used to indicate the point at which vehicles are required to stop.

             (b)  during the hours of darkness, the flagman shall assume the same basic position as for the day signal

                      (i)  he or she shall hold a reflectorized paddle in his or her left hand and a flashlight with red signalling baton attached in his or her right hand,

                     (ii)  the right arm shall be moved slowly back and forth between limits corresponding to the third and sixth hour positions on a clock face, and

                    (iii)  when an approaching vehicle has almost stopped, the flashlight and baton shall be used to indicate the point at which the vehicle is required to stop;

             (c)  for the alternate signals, substitute left for right and right for left in the description given in paragraphs (a) and (b).

             (7)  Normal signals to slow traffic are:

             (a)  in daylight, the flagman shall take up a position similar to the one used for the signal to stop with the "SLOW" side of the paddle facing approaching traffic;

             (b)  in darkness, the same position and motions shall be assumed as for the night stopping signal except that the "SLOW" side of a reflectorized paddle shall face approaching traffic;

             (c)  if either the day or night signal results in traffic slowing to a speed below that required, the appropriate signal shown in paragraph (d) shall be given; and

             (d)  for the alternate signal, substitute left for right and right for left in the description given in paragraphs (a) to (c).

             (8)  Signals to move traffic are

             (a)  in daylight, the flagman shall face across the approaching traffic lane and shall look across his or her right shoulder at the traffic he or she is about to move;

             (b)  traffic shall be advanced by rotating the lower right arm in an oval manner corresponding to the direction in which the vehicle wheels will rotate;

             (c)  if traffic is required to proceed slowly, the flagman shall also extend his or her left arm horizontally towards the approach lane with the "SLOW" side of the paddle facing traffic; and

             (d)  if traffic is allowed to proceed at the prevailing speed limit, the flagman shall lower his or her left arm so that the paddle is hidden from view and shall motion traffic on with his or her right arm at shoulder level.

             (9)  In darkness,

             (a)  the same signals as for daytime shall apply except that a reflectorized paddle shall be substituted and a flashlight with red baton attached shall be used in the right hand;

             (b)  the order to proceed or to proceed slowly may also be given verbally; and

             (c)  for the alternate signals, substitute left for right and right for left in the description given above.

           (10)  The flagman's paddle shall not be used to wave traffic on and shall never be displayed to traffic in other than a static manner.

           (11)  All motions of the flagman's arms, both by day and night, shall be performed precisely and unhurriedly so that the meaning of signals given cannot be misunderstood.

           (12)  Where traffic is diverted onto dusty surfaces, good visibility shall be maintained by the suppression of dust through the periodic application of oil or water to the grade surface as required.

104/79 s40

Transportation of workers

   108. (1) A worker shall not be required or permitted to

             (a)  ride in or on a conveyance in a standing position unless protection is provided against being thrown off balance; or

             (b)  sit with a part of his or her body protruding outside a part of the conveyance.

             (2)  Where it is necessary to transport volatile flammable materials, or other hazardous materials on a conveyance transporting workers, those materials shall be carried only in isolated compartments accessible from the outside of the conveyance and fitted with adequate ventilation and drainage facilities and when a storage compartment is internal, it shall be separated from the crew compartment by an approved firewall.

             (3)  Explosives shall not be carried in a conveyance in which workers, other than a certified blaster and the normal operating crew of the conveyance, are being transported.

             (4)  Materials, tools or equipment shall not be carried in a portion or compartment of a conveyance where workers are riding unless the materials, tools or equipment are secured or so placed that workers cannot be injured by inadvertent contact with the materials, tools or equipment.

             (5)  An enclosed portion or compartment of a conveyance used to transport workers shall be provided with

             (a)  ventilation facilities;

             (b)  lighting facilities;

             (c)  means of communication between driver and passengers; and

             (d)  more than one means of exit.

             (6)  Where a vehicle is primarily used to transport workers, firmly‑secured seats and safe means of access and egress shall be provided.

             (7)  Workers shall not board or leave a conveyance while the conveyance is in motion, except in case of emergency.

104/79 s41

Boats

   109. (1) The Small Vessel Regulations made under the Canada Shipping Act, (Canada) and amendments shall apply to boats which are used to transport workers.

             (2)  When a boat is used for transporting workers, it shall be the responsibility of the employer to have conspicuously posted on the boats details of maximum load and horsepower for safe operations, and a worker shall not operate the boat in excess of these limits.

             (3)  When adverse conditions of weather and water or other conditions prevail that might endanger the workers, the employer or worker in charge of the boat shall take precautionary measures to compensate for those conditions by decreasing the speed of the boat or adjusting the load, or by other appropriate action.

             (4)  A personal flotation device shall be readily available for each worker transported by boat and

             (a)  personal flotation devices shall be worn when adverse weather, water or other conditions could create a hazardous situation; or

             (b)  when workers are transported in open boats or on rafts, barges and similar craft.

             (5)  Power‑driven boats used for transporting workers shall be provided with, and have readily available for use, a fire extinguisher of the foam, carbon‑dioxide or dry‑chemical type.

104/79 s41

Powered mobile equipment

   110. (1) All mobile equipment shall be maintained in safe operating condition and operation, inspection, repair, maintenance and modification shall be carried out in accordance with manufacturer's instructions or, in the absence of the instructions, in accordance with good practice.

             (2)  Servicing, maintenance and repair of mobile equipment shall be done when the equipment is not in operation, except that equipment in operation may be serviced if the continued operation is essential to the process and a safe means is provided.

             (3)  The design, fabrication, use, inspection and maintenance of the following types of equipment shall be in compliance with the following applicable standards or other standards acceptable to the assistant deputy minister:

 

Equipment

Applicable Standard

Low Lift and High Lift Trucks

CSA B335.1, 1977

Vehicle Mounted Aerial Devices (except firefighting equipment)

CSA C225

Aerial Devices (firefighting equipment)

NFPA 1904

Mobile Cranes

CSA Z150

             (4)  All mobile equipment shall

             (a)  be equipped with an audible warning signal device;

             (b)  be equipped with a means of illuminating the path of travel when operated during the period from one‑half hour after sunset to one‑half hour before sunrise or when, because of insufficient light or unfavourable atmospheric conditions, workers or vehicles are not clearly discernible at a distance of 150 metres;

             (c)  be provided, under the above conditions, with adequate illumination of the cab and instruments; and

             (d)  be equipped with mirrors providing the operator with an undistorted reflected view to the rear of the vehicle or combination of vehicles and where it is considered necessary for improvement of rear vision, parabolic mirrors are acceptable,

except that the provisions of paragraph (a) shall not apply to slow moving tracked equipment and the provisions of paragraph (d) shall not apply to wheeled tracked skidders, wheeled scrapers, forklift trucks and straddle carriers not fitted with totally enclosed cabs, however, in unusual circumstances the assistant deputy minister may order the use of that equipment on the exempted vehicles.

             (5)  Windshields, side and rear windows, and rear‑vision mirrors shall be maintained in such condition as to provide clear vision to the operator.

             (6)  Mobile equipment except forklift trucks shall be equipped with braking systems meeting the requirements of the following applicable Society of Automotive Engineers (SAE) Recommended Practices, or other standards acceptable to the assistant deputy minister including:

             (a)  SAE J1152 minimum performance criteria for braking systems for off‑highway rubber‑tired, self‑propelled construction machines;

             (b)  SAE J1026a minimum performance criteria for braking systems for crawler tractors and crawler loaders;

             (c)  SAE J1178 minimum performance criteria for braking systems for rubber‑tired skidders;

             (d)  SAE J1136 minimum performance criteria for braking systems for self‑propelled, smooth steel wheel, pneumatic tired or multiple projection steel wheel rollers and compactors; and

             (e)  SAE J1224 minimum performance criteria for braking systems for new off‑highway dumpers.

             (7)  All mobile equipment shall be fitted with a parking system and the use of gas or fluid pressure for maintaining application of the parking system is prohibited.

             (8)  Forklift trucks shall be equipped with braking systems meeting the requirements of section 408 of CSA B335.1, 1977, or other standards acceptable to the assistant deputy minister.

             (9)  Where a wheeled motor vehicle depends upon engine power for steering, and where the loss of the power could prevent the vehicle from being steered manually, an auxiliary device shall be installed to enable the equipment operator to steer the vehicle for a sufficient time to bring it to a safe stop.

           (10)  Where a wheeled motor vehicle depends upon engine power for braking and where the loss of the power could prevent the vehicle from being braked to a safe stop manually, an auxiliary device shall be installed that would enable the equipment operator to maintain full braking power for a sufficient time to bring the vehicle to a safe stop.

           (11)  Where it can be shown that the devices required by subsections (6) and (7) are not commercially available, or cannot be adapted, application may be made to the assistant deputy minister for permission to assign the vehicle to non‑hazardous work.

           (12)  Steering wheel knobs other than those of the mushroom type shall not be used on a mobile equipment on which the steering gear feeds back road wheel reactions to the steering wheel and the knob shall be completely within the periphery of the wheel.

           (13)  Safe means of access shall be provided to operating platforms and cabs of mobile equipment.

           (14)  The equipment operator shall keep the floor or deck of mobile equipment free of material, tools or equipment that could create a slipping, tripping or fire hazard.

           (15)  Only authorized persons shall be permitted on any part of powered mobile equipment while the equipment is in motion.

           (16)  Nothing in this section shall prohibit the presence of a trainee or supervisor or necessary maintenance personnel when their presence is essential.

           (17)  Well designed and constructed, safely located and securely mounted seats shall be provided for the equipment operator and a passenger which a machine is designed to carry shall be provided with appropriate seats or other safe facilities.

           (18)  Safe facilities for the equipment operator 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.

           (19)  Subsection (17) does not apply to mobile equipment designed to be controlled by an equipment operator in a standing position.

           (20)  When 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 the equipment operator and passengers shall use the belts whenever the equipment is in motion or in operations which could cause the machine to become unstable.

           (21)  When road graders are operated with cab doors open, and the equipment operator is necessarily in a standing position and unable to comply with subsection (20), additional restraining devices as approved by the assistant deputy minister shall be installed and used to prevent occupants from falling from the cab.

           (22)  Adequate and approved fire suppression equipment shall be provided on mobile equipment as required by the assistant deputy minister.

329/80 s1

Guards

   111. (1) An equipment operator shall be protected against falling, flying or intruding objects or materials by means of suitable cabs, screens, grills, deflectors or guards.

             (2)  All exposed moving parts on mobile equipment, which are so located as to constitute a hazard to the equipment operator or to other workers, shall be effectively guarded.

329/80 s1

Roll‑over protective structures (ROPS)

   112. (1) Mobile equipment, of the types specified below shall be fitted with roll‑over protective structures, which shall be referred to as ROPS,

             (a)  crawler tractors, dozers, loaders and skidders;

             (b)  wheeled tractors, dozers, loaders and skidders;

             (c)  motor graders;

             (d)  self‑propelled wheeled scrapers;

             (e)  agricultural and industrial tractors;

              (f)  compactors and rollers; and

             (g)  other types of equipment that the assistant deputy minister may designate.

             (2)  All mobile equipment specified in subsection (1) that has been in use in the workplace before January 1, 1981 and which was manufactured to accept ROPS meeting the applicable recommended practice of the Society of Automotive Engineers, shall be fitted with ROPS by January 1, 1981.

             (3)  Notwithstanding subsection (2), units of mobile equipment in use in the workplace before January 1, 1981 may be exempted from the requirement for the fitting of ROPS where it can be shown, to the satisfaction of the assistant deputy minister, that the unit will only be used under circumstances where no significant roll‑over hazard exists.

             (4)  Crawler tractors when fitted with side booms are exempt from the requirement to fit ROPS.

             (5)  ROPS shall be designed and fabricated to meet the requirements of the following criteria:

             (a)  recommended practices of the Society of Automotive Engineers J1040(c) and J1194 or subsequent revisions of them;

             (b)  a standard for analytically designed ROPS where the ROPS and supporting attachments shall be designed, fabricated and attached to the main frame of the mobile equipment in a manner to support not less than twice the weight of the prime mover based on the ultimate strength of the metal, the integral loading of the supporting members and the resultant load applied at the point of impact; and

             (c)  other standards as are acceptable to the assistant deputy minister.

             (6)  A unit of mobile equipment shall have a vertical clearance of not less than 1.32 metres between the deck and the ROPS at the points of equipment operator entrance and exit.

             (7)  All ROPS manufactured and installed in accordance with requirements set out in paragraphs (5)(a) and (6) shall be certified by the vehicle or ROPS manufacturer or by a registered professional engineer licensed to practise in the province.

             (8)  Modification of existing canopies to meet the requirements set out in subsection (5) shall be certified by engineers of the modification design agency and the installing agency or by a registered professional engineer licensed to practise in the province.

             (9)  Each ROPS shall have the following information permanently affixed:

             (a)  the name and address of the manufacturer;

             (b)  the serial and model numbers; and

             (c)  the machine type and model that the ROPS is designed to fit.

           (10)  All replacements, modifications, additions, repairs, welding and cutting of each ROPS shall only be effected in accordance with the instructions of the manufacturer.

           (11)  Where glass is used in the cab or canopy of a ROPS, the glass shall be

             (a)  safety glass; and

             (b)  installed so as not to fall into the cab or canopy if dislodged by impact.

           (12)  All mobile equipment fitted with ROPS shall have seat belts for the equipment operator and passengers meeting the requirements of the Society of Automotive Engineers Recommended Practice J386(a), and where the equipment operator is required to operate in a standing position, there shall be provided equivalent protection in the form of 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 which may be operated by a mittened hand.

           (13)  Where there is exposure to falling objects, every ROPS shall incorporate falling object protection that meets the design criteria of the Society of Automotive Engineers Recommended Practice J231.

           (14)  The assistant deputy minister may designate areas in the workplace where it is mandatory to use mobile equipment which is fitted with ROPS or falling object protective structures.

           (15)  In areas of the workplace where it can be shown that installation of ROPS or falling object protection structures constitutes an operating hazard or difficulty, the assistant deputy minister may exempt individual units of mobile equipment from the requirements of this subsection if the mobile equipment is restricted to work in areas where the danger of roll‑over or the hazard from falling objects is minimal.

           (16)  Where it can be shown that wearing of seat belts or restraining harness at a particular site or operation presents an added hazard to the equipment operator or passengers of mobile equipment, the assistant deputy minister may exempt personnel from the wearing of this protective equipment for the site or operation.

329/80 s1

Operation

   113. (1) Only authorized operators or those in the process of being trained as permitted by management shall be allowed to drive mobile equipment and they shall keep the equipment under control at all times.

             (2)  The equipment operator of mobile equipment shall be directly responsible for the safe operation of that equipment and he or she shall maintain full control of the equipment and shall comply with all laws and regulations governing the operation of the equipment.

             (3)  When the equipment operator is of the opinion that the equipment or the load is hazardous, he or she shall not move the equipment until

             (a)  remedial action has been taken; or

             (b)  orders to proceed have been issued by the supervisor who has controlled the hazards to which workers are exposed.

             (4)  Where the vision of the equipment operator is obstructed, he or she shall not move the equipment until suitable precautions have been taken which will protect himself or herself and another worker from possible injury.

             (5)  The equipment operator shall examine his or her equipment before initial daily operation and after as required and he or she shall immediately report defects and conditions affecting or likely to affect the safe operation of the equipment to his or her immediate supervisor or other authorized worker and confirm this by a written report as soon as possible.

             (6)  The fuel tanks of mobile equipment shall not be filled with gasoline or vaporizing liquids

             (a)  while the engine is running;

             (b)  while anyone is smoking in or about the equipment; and

             (c)  while another condition exists in the immediate vicinity that would make the task hazardous.

             (7)  A worker shall not remain in the cab of equipment while loads are elevated higher than the cab unless the workers are protected against moving or falling material.

             (8)  An equipment operator shall not leave the controls of his or her equipment unattended unless it has been secured against inadvertent movement.

             (9)  When a hazard is created by the swinging movement of the load, cab, counterweight or another part of the mobile equipment, a worker shall not remain or be permitted to remain within range of the swinging load or equipment and the equipment operator shall not move the equipment when a worker is so exposed.

           (10)  Equipment shall be so positioned that a swinging portion of the equipment cannot come within 600 millimetres of an obstruction in an area accessible to workers, or entry to the obstructed area shall be prevented by barriers or other effective means.

           (11)  An equipment operator shall not leave unattended a suspended load, machine or part of it or extension of it unless it has been immobilized and secured against inadvertent movement.

           (12)  A worker shall not work beneath an elevated dumptruck body until the body has been securely blocked in the elevated position.

           (13)  When a worker is required to work beneath elevated parts of mobile equipment including trucks, the elevated parts shall be securely blocked.

           (14)  Smoking shall not be permitted in rooms when batteries are being charged.

           (15)  During the inflation of tires where the tire rims are equipped with lock rings, cages or other suitable devices shall be used to restrain the lock rings should they become unseated.

           (16)  Materials and equipment being transported shall be loaded and secured in a manner to prevent movement which could create a hazard to workers or another person.

           (17)  A bulkhead shall be installed on mobile equipment transporting logs, lumber, cants, poles, beams, bars, plate or similar cargo which is capable of restraining forward load movement in conditions of rapid deceleration or emergency stops.

329/80 s1

Competency and testing operators

   114. (1) A person shall not operate mobile equipment unless

             (a)  he or she has received adequate instruction and has demonstrated to a supervisor or instructor that he or she is a competent equipment operator;

             (b)  he or she has been authorized to operate mobile equipment;

             (c)  he or she is familiar with the operating instructions for a particular equipment before he or she attempts to operate it; and

             (d)  he or she has, if 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 assistant deputy minister.

             (2)  A person who operates mobile equipment on a highway shall

             (a)  be the holder of a valid driver's licence of appropriate class as required by the Highway Traffic Act; and

             (b)  if required to operate an air brake equipped vehicle to have an authorization that is required by the Highway Traffic Act.

             (3)  Subsection (1) does not apply where a trainee operates the equipment under the supervision of a qualified instructor or supervisor.

             (4)  Where immediate compliance with paragraph (1)(d) is not feasible, an employer may issue a dated temporary authority to operate an air brake equipped vehicle when he or she is satisfied that an equipment operator is competent to do so and a temporary authorization shall not extend beyond 90 days from the date of issue except with the written authorization of the assistant deputy minister.

329/80 s1

Cranes, derricks and hoists

   115. (1) Except as otherwise noted, all cranes, derricks, hoists and similar equipment shall be designed, constructed, erected, maintained and operated in accordance with the requirements of the standards referred to in this section, or

             (a)  other standards acceptable to the assistant deputy minister; or

             (b)  a registered professional engineer.

             (2)  The safe working load shall not be exceeded and shall be determined by

             (a)  the original manufacturer of the equipment;

             (b)  a registered professional engineer; or

             (c)  other persons whose qualifications are acceptable to the assistant deputy minister.

             (3)  Modification, or remanufacture of equipment, shall be supported by a certificate of adequacy signed by a registered professional engineer or by other persons whose qualifications are acceptable to the assistant deputy minister.

             (4)  A permanent notation shall be affixed on cranes, derricks, hoists and similar equipment showing the safe working loads and the notations shall be kept legible.

             (5)  The safe working load shall be plainly marked on the load blocks and superstructure of hoisting equipment and shall be kept legible and the capacity of the hoisting equipment shall not exceed that of its superstructure.

             (6)  Subsection (5) shall not apply to hoisting equipment where the angle of the boom or jib affects the load capacity of the equipment.

             (7)  Where jibs or booms are used in conjunction with hoisting equipment and their safe working load is not shown on the permanently affixed load‑rating notation, a separate load‑rating notice for all conditions of operations shall be

             (a)  posted on the equipment; or

             (b)  issued to the operator of the equipment who shall keep it available at all times when operating the equipment.

             (8)  Before being placed in service, new hoisting equipment, or hoisting equipment which has had modifications in the design or has undergone major repairs, shall be inspected and proof tested under the direction of a competent person who shall give the written warranty of the safe capacity of the equipment.

             (9)  Cranes, derricks and hoists shall be inspected frequently and maintained in good working order.

           (10)  On a project where a crane, derrick or similar hoisting equipment is being used, there shall be supplied and available to all workers concerned with a safe operation of each unit of equipment a manufacturer's manual which shall show the approved methods of erection, operation, adjustment and maintenance of the component parts of the unit and of the unit assembled, and the unit shall not be erected, operated, adjusted or maintained in another manner unless approved by the manufacturer or by a professional engineer, and the modifications and deviations shall be recorded in the manual.

           (11)  A log book or other record shall be provided and maintained for each crane, derrick or similar hoisting equipment which shall show the maintenance history and structural modifications of the equipment and that book or record shall be available at all times to the operator and to another worker concerned with the maintenance and safe operation of the equipment, and the workers shall be responsible for recording defects, operating difficulties, the need for maintenance and all maintenance and alteration work performed.

           (12)  An effective audible warning‑signal device shall be installed on a type of hoisting equipment where accidental contact with or inadvertent release of the load could injure workers and equipment operators shall ensure that warning signals are given.

           (13)  Every crane, having a boom moveable in the vertical plane, shall be equipped with means or devices to indicate to the operator

             (a)  the angle of the boom relative to the horizontal plane; or

             (b)  the safe working load at various angles or extensions of the boom.

           (14)  Where the design of a crane is such that the boom may fall over backward, positive boom stops shall be installed in accordance with the manufacturer's instructions.

104/79 s43

Cages or cabs

   116. (1) The general arrangement of a cage or cab and the location of control and protective equipment shall be such that all operating handles will be within convenient reach of the operator and this arrangement shall allow the operator a full view of the load in all positions or a signalman shall be provided when full view is not possible.

             (2)  The control of a cage or cab shall be clearly marked to indicate its function.

             (3)  Hoisting equipment operators shall be protected against heat, cold or other adverse conditions where that exposure could affect the safety of a worker.

             (4)  Crane cabs, where fitted, shall protect the operator from weather and from overhead hazards and windows shall be of safety glass.

             (5)  Safe means of access to and egress from the operator's cab shall be provided.

             (6)  Cabs shall be kept free of all unnecessary tools, material or equipment and when it is necessary to keep tools or equipment in cabs, adequate storage facilities shall be provided.

             (7)  A suitable fire extinguisher shall be carried in the cage or cab.

104/79 s43

Hoist brakes

   117. (1) Where hoist winch drums are fitted with ratchet and pawl mechanisms, these shall be clearly visible and accessible to the operator.

             (2)  All winches shall be equipped with brake systems capable of controlling the speed of lowering and of sustaining at rest a load equal to one and one‑half times the rated capacity of the hoist.

             (3)  Electrically operated brakes, where fitted, shall be so arranged that the brakes shall be applied automatically in the event of power failure.

             (4)  Braking and operating mechanisms shall be arranged in a manner that the brakes are applied whenever the operating lever, handle or switch is not in the operating position and all operating controls shall be of the "deadman" type, designed to return to natural position when released.

             (5)  All hoists shall be equipped with devices which will prevent the platform from falling in the event of hoisting rope failure.

             (6)  All hoists shall be equipped with devices which will automatically stop the platform at the upper and lower limits of travel and which will effectively prevent platform motion under overload conditions.

             (7)  All sheaves shall be fitted with devices to retain the ropes within their grooves.

104/79 s43

Electrical equipment

   118. (1) Trolley conductors shall be located a minimum of 2.44 metres above grade or guard or guarded to protect workers from accidental contact with them.

             (2)  Where electric cranes are operated from cabs, means shall be provided for the operator to safely interrupt the main circuit under maximum load conditions.

             (3)  Each hoist motor shall be equipped with a limit switch which will stop the motor before the hook passes the upward limit of safe travel.

104/79 s43

Equipment on rails

   119. (1) Truck fenders shall be provided on all cranes which operate on rails where there is a possibility of injury to workers and fenders shall be designed to effectively deflect any part of a worker's body off the rails.

             (2)  Bumpers shall be provided on crane tracks to limit travel and shall be at least one‑half the diameter of the track wheel in height.

             (3)  Means shall be provided to limit the drop of trolley and bridge truck frame to 2.54 centimetres if a wheel or axle should break.

             (4)  Hoisting controls not operated from a cab or cage shall be so located that they can be operated at a safe distance from the load being lifted.

104/79 s43

Climbing tower cranes

   120. (1) Tower cranes shall be designed, constructed, erected and maintained in accordance with the Canadian Standards Association, Standard Z248.

             (2)  The boom of climbing tower cranes shall be positioned directly over the load when lifting.

             (3)  The counterweight section of the boom shall not be used for any purpose other than that for which it was designed, nor shall the amount of counterweight used deviate from the manufacturers' recommendations.

             (4)  When operating near power lines, means shall be provided to ensure that the boom or trolley does not come closer than 3.05 metres of a power line.

104/79 s43

Hand‑operated hoists

   121. (1) A hand operated hoist shall be provided with a ratchet and pawl, load brake or other mechanism which will hold the load at a desired height.

             (2)  Crank operated winches, 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 and on the winches the crank‑handle shall be removed from the crank‑shaft before the load is lowered.

             (3)  Subsection (2) does not apply where crank‑handles have been replaced by permanently secured, smooth rimmed hand wheels.

104/79 s43

A‑frames and gin‑poles

   122. (1) A‑frames and gin‑poles shall not be inclined more than 45° from the vertical.

             (2)  Splicing of gin‑poles is prohibited.

             (3)  Top blocks of gin‑poles rigging shall be secured by safety straps.

104/79 s43

Guys

   123. (1) The strength of a single guy and its anchor shall exceed the breaking strength of the load‑line rigging arrangement.

             (2)  The anchors of guy‑lines shall be so placed that the interior angle between the guy‑line and the horizontal plane is not over 45°.

             (3)  Guy‑lines shall be arranged so that the strain in any direction is shared by not less than 2 guys.

             (4)  The mast of guyed derricks shall be supported by not less than 5 guys equally spaced about the mast.

             (5)  Land‑based A‑frames and gin‑poles shall be supported by at least 3 guy‑lines at the back and one guy‑line in the front.

             (6)  A‑frames on floats shall be supported by at least 4 guy‑lines on the back, and not less than 2 guy‑lines on the front, except that 3 guys may be used on the back when the mainlines are less than 2.54 centimetre diameter.

104/79 s43

Equipment operation

   124. (1) Hoisting equipment shall be operated by authorized workers and a worker shall not operate hoisting equipment until he or she has demonstrated he or she is a competent operator, is familiar with the operating instructions pertaining to the equipment, is familiar with the code of signals authorized by the assistant deputy minister and has been instructed and authorized to operate the equipment.

             (2)  Operators shall inspect the hoisting equipment at the beginning of each shift and shall test limit‑switches, brakes, circuit‑breakers and other safety devices and whenever anything is wrong or apparently wrong, it shall be reported immediately to the supervisor who then shall be responsible for determining the action to be taken.

             (3)  When the operator has a doubt as to whether the load can be safely hoisted, he or she shall not undertake to hoist that load and he or she shall report the circumstances to his or her supervisor who then shall be responsible for determining the action to be taken.

             (4)  Operators of hoisting equipment shall not be required, or permitted, to pass loads over workers unless no alternative and practical methods exists, and then only when workers have been warned of the danger.

             (5)  The operator shall ensure that loads are carried as close to the grade as possible and tag lines shall be rigged as necessary to control swinging of the load.

             (6)  A suspended load shall not be left unattended by a worker, nor shall a worker stand or pass beneath a suspended load.

             (7)  All loads shall be hooked or slung under the direction of an experienced worker.

             (8)  Operators of hoisting equipment shall disregard signals from anyone except designated signalmen but in an emergency, other workers may give a stop signal.

             (9)  When necessary, signalmen shall walk ahead of a moving load and warn workers to keep clear of danger.

           (10)  Loads shall be safely landed and supported before unhooking.

           (11)  All communicating wires or signalling systems shall be protected from accidental damage.

           (12)  A worker shall not ride or be permitted to ride on loads, hooks or similar equipment unless specifically authorized by his or her supervisor.

           (13)  Heel‑pins and sheave‑pins and similar devices shall be secured against inadvertent removal.

           (14)  Operators of overhead cranes, whose duties require them to remain in the cab when working over areas where the operation produces excessive heat, shall be protected against the heat if the condition could adversely affect the safety of

             (a)  the operator; or

             (b)  other workers in the area who could be injured as a result of the crane operator being overcome by the heat source.

104/79 s43

Pile‑drivers

   125. (1) On steam or air‑operated hammers of pile‑drivers, the hoses shall be secured to prevent reaction hazardous to workers in case of a break of the hose or connections and this shall be done by placement of suitable safety straps across all couplings.

             (2)  Decks and working areas around the pile‑driver shall be kept clear of ropes, tools and other materials.

             (3)  Where piling is being hoisted in the leads, workers not engaged in the operation shall remain at a safe distance.

             (4)  Pile‑driver operators shall be responsible for ensuring that the suspended hammer is securely chocked when not in use and on pile‑drivers with swinging or suspended leads, the hammer shall not be raised until necessary.

             (5)  Pile‑heads shall be cut square and shall be cleaned of debris, bark and slivers before being driven and this shall be done only when the hammer is securely chocked.

             (6)  The exhaust of steam engines shall be arranged to discharge at a point where it will not interfere with the view of the engineer or worker or injure workers nearby.

             (7)  Hoisting‑engines shall be covered with a suitable roof or shelter to eliminate hazards to the operator from falling objects and as a protection from the weather.

104/79 s44

Rigging

   126. (1) The safe working‑load on ropes, chains, slings and fittings shall not exceed the safe working‑load recommended by the manufacturer.

             (2)  Except as otherwise specified by these or other regulations, the maximum rated load of chains, attachments and other rigging equipment shall be warranted by the manufacturer of the equipment, or by a professional engineer, or by other persons whose qualifications are acceptable to the assistant deputy minister.

             (3)  When load warranties are not obtainable, the maximum rated loads shall not be more than

             (a)  one‑fifth of the ultimate breaking strength of the weakest component of the rigging; or

             (b)  one‑tenth of the ultimate breaking strength of the weakest component of the rigging, when the rigging is used as a means of supporting workers.

104/79 s45

Rigging structure

   127. (1) Rigging blocks of cranes, derricks and hoists shall be constructed or installed so that the cable cannot jump off the sheaves.

             (2)  An open hook shall not be used with a bucket, cage or skip in hoisting and a shackle, safety‑hook or mousing shall be provided.

             (3)  When shackles are used, shackle pins shall be secured to prevent accidental withdrawal.

             (4)  The guiding of lines on drums by means of the hand or foot is prohibited and a stick of iron bar shall be used for this purpose.

             (5)  Wire rope shall be securely fastened to drums, and at least 3 full turns of wire rope shall be kept on winding‑drums at all times.

             (6)  Ropes, chains, slings and fittings shall be inspected thoroughly at regular intervals, and when found to have deteriorated to an extent to make them unsafe for use, they shall be replaced.

             (7)  When cable clips are used for fastenings of wire rope, the U‑bolt shall be installed so that it bears on the short or "dead" end of the rope, and the number of clips and their spacing shall be as follows:

 

Diameter of
Rope

Number
of
Clips

Spacing
Between
Clips

6.35 mm

2

3.81 cm

7.94 mm

2

5.08 cm

9.52 mm

2

5.72 cm

11.11 mm

2

6.35 cm

12.70 mm

3

7.62 cm

15.88 mm

3

10.16 cm

19.05 mm

4

11.43 cm

22.22 mm

4

13.97 cm

25.40 mm

4

15.24 cm

28.58 mm

5

17.78 cm

31.75 mm

5

20.32 cm

38.10 mm

6

22.86 cm

44.45 mm

7

26.67 cm

50.80 mm

8

30.48 cm

53.98 mm

8

33.02 cm

57.15 mm

8

35.56 cm

104/79 s45

Signalling

   128. (1) When signals are used to direct the operation of equipment, signal codes approved by the assistant deputy minister shall be used, and all workers who direct, operate or are endangered by the movement of the equipment shall be familiar with the meaning of these signals.

             (2)  Each movement of equipment shall be proceeded by distinctive signals clearly discernible to all workers endangered by the movement and clearly distinguishable by the operator of the equipment controlled, and a signal which is not understood clearly by the operator of equipment shall be acted upon by him or her as though it were a stop signal.

             (3)  When audible signals are used, the signals shall be made audible to all workers who might be endangered by the movement of the equipment directed by the signals, and when voice signals are used, equipment shall not be moved until the operator of the equipment has repeated the voice signal in a manner understandable to all workers who might be endangered by movement of equipment.

             (4)  A worker shall not cause a signal to be given for the movement of equipment unless he or she has ensured that he or she and all workers within the area for which he or she is responsible are not endangered by the movement.

             (5)  Only a designated worker shall cause a signal to be given for the movement of equipment, but workers may cause a stop signal to be given and this signal shall be obeyed promptly and without question.

             (6)  A worker designated to direct the movement of equipment shall not be otherwise occupied while the equipment is in motion and he or she shall be prepared to signal to stop during the motion.

             (7)  A signalling device that functions unreliably or in a way that might constitute a hazard to a worker shall be removed from service immediately.

             (8)  All repairs, alterations or adjustments to a signalling device shall be performed by a person experienced in that type of work.

104/79 s46

Construction procedures

   129. (1) In the erection of buildings or structures, temporary floors, decking, form work or safety nets shall be installed as the work of erection progresses and if safety nets are not used, a temporary floor shall be installed at the working level, or if this is not practicable, as close as possible to the working level.

             (2)  Temporary floors shall completely cover the work area, except for openings necessary for the movement of workers and materials and these openings shall be effectively guarded.

             (3)  Where structural framework is erected in advance of external walls, workers shall be protected from falling from the unguarded portions of the perimeter of the structures at all elevations that are 3.05 metres above grade by means of barriers, guardrails, safety‑belts and lifelines or other effective means and the presence of wire rope guards shall be indicated by coloured markers attached at intervals not exceeding 3.05 metres.

             (4)  Every floor opening which constitutes a hazard to workers shall

             (a)  be securely covered;

             (b)  have a guardrail and toe‑board around the exposed sides; or

             (c)  have personal and material safety nets suitably installed below the opening.

             (5)  When there is a danger of material falling into work areas,

             (a)  the areas shall be barricaded against entry by workers and warning signs shall be prominently displayed on all sides and approaches by canopies; or

             (b)  catch platforms shall be provided which shall

                      (i)  be installed not more than 3 storeys below the level from which material may fall,

                     (ii)  extend outward from the building for a distance of 2.44 metres, and

                    (iii)  slope inward toward the building.

104/79 s47

Glass panels

   130. (1) Glass panels, installed during construction or alteration, shall be marked at the time of installation to clearly indicate their presence.

             (2)  Glass, which may suffer damage through the application of markings, shall be guarded by barricades or by other effective means.

104/79 s47

Stripping

   131. (1) Stripping of formwork from concrete structures shall be conducted in an orderly manner designed to minimize risk of injury to workers.

             (2)  Stripped forming material shall not be piled or stored in a manner which will prevent safe access to working areas.

             (3)  Workers engaged in stripping operations shall wear suitable head, hand and foot protective equipment.

104/79 s47

Bridges

   132. (1) In the construction of bridges, or similar type structures or work, work areas shall have a decking installed and safe means of access to the work areas shall be provided and used.

             (2)  This section shall not apply to the operations directly involving the erecting and connecting of steel or preformed concrete members where it is impracticable to provide decking or safe means of access.

104/79 s47

Work areas over water

   133. On construction projects and similar work over water, powered rescue boats shall be kept on the downstream side of the work during working hours, boats shall be manned by trained personnel who are equipped and capable of effecting the rescue of workers falling into the water and where boats cannot be used effectively, personnel safety nets shall be installed or other effective means of rescue shall be provided.

104/79 s47

Personnel safety nets

   134. Where the use of personnel safety nets is required by sections 129 and 133,

             (a)  safety nets shall extend at least 2.44 metres horizontally from the areas to be protected;

             (b)  safety nets shall be positioned not more than 7.62 metres below work areas to be protected;

             (c)  safety nets shall be tested after installation and regularly thereafter for their ability to withstand the maximum loads that might be imposed on them and the tests shall be conducted in accordance with the manufacturer's recommendations or as the assistant deputy minister directs; and

             (d)  safety nets shall be installed to provide adequate clearance from objects and surfaces below them, when stretched under rated loads.

Co‑ordination of work

   135. A project shall be organized to provide safe working conditions for all workers involved.

104/79 s47

Stairways

   136. Stairways, comprising of at least framing, treads and handrails, shall be installed to provide safe access to each floor level before construction of subsequent storeys is undertaken and treads shall not create tripping or slipping hazards.

104/79 s47

Demolition

   137. (1) When a building is being demolished, adjoining structures shall be promptly and thoroughly shored unless a professional engineer certifies this protection is unnecessary.

             (2)  When a building is being demolished, it shall be demolished in a manner which does not expose workers to unnecessary risk.

             (3)  All potentially hazardous services to the structure shall be disconnected before the commencement of demolition.

             (4)  When workers are to be exposed to demolition procedures, glass and sash shall be removed before other demolition is started, and demolition shall proceed in an orderly manner from top to bottom of the structure.

             (5)  Masonry walls or other sections of masonry shall not be permitted to fall or remain on the floors of the building in masses that exceed the safe carrying capacity of the floors.

             (6)  Before demolishing an interior or exterior wall which is within 3.05 metres of an opening in the floor immediately below the opening shall be substantially planked over, unless all workers are removed from all floors below and access to the floors is positively prevented.

             (7)  Walls shall not be left standing in a dangerous or unstable condition.

             (8)  Steel structures shall be demolished column length and tier by tier.

             (9)  A structural member which is being dismantled shall not be placed under stress other than its own weight, and the member shall be chained or lashed in place to prevent an uncontrolled swinging or dropping.

           (10)  Structural members shall not be thrown or dropped from the building, but shall be carefully lowered.

           (11)  Material and rubbish shall be removed as far as practicable and not allowed to accumulate on floors or upon the ground immediately outside of the building.

           (12)  When a building is being demolished and material is to be thrown from upper storeys to the ground, the space on which the material is directed to fall shall be barricaded to prevent the entry of workers and warning signs shall be displayed about the area.

           (13)  When a building is being demolished, chutes shall be provided for the removal of brick or other loose debris, and these chutes shall be completely enclosed.

           (14)  Chutes shall not extend in an unbroken line for more than 2 storeys in elevation, and gates or stops shall be placed at the bottom of each chute.

           (15)  Warning signs shall be placed adjacent to chute outlets bearing the legend "Danger ‑ Chute ‑ Slide Material".

104/79 s48

Working at height

   138. (1) Whenever workers are engaged in the removal of a part of a building or structure more than 3.05 metres above a floor, platform or grade, there shall be provided for the protection of workers suitable scaffolds, lifelines, safety‑belts or life‑nets.

             (2)  Every floor opening into which a worker may fall or slip shall be protected by a guardrail and toe‑board or be securely covered.

             (3)  Head, hand and foot protection, appropriate to the exposure, shall be worn by workers on demolition projects.

             (4)  Construction sheds and tool boxes shall be so located as to not expose workers to the danger of falling walls and other falling objects.

104/79 s48

Pre‑excavation requirements

   139. (1) Before commencing 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.

             (2)  Powered equipment shall not be used in a manner that will expose workers to harmful effected results from the damage to service facilities.

             (3)  Trees, boulders or other matter located within 1.83 metres of the area to be excavated shall be removed before commencing excavation work.

             (4)  A worker shall not be permitted or required to enter an excavation over 1.22 metres in depth unless

             (a)  the sides of the excavation are sloped to safe angle;

             (b)  the sides have been secured by the use of sheet piling, shoring and bracing; or

             (c)  the workers are protected by other effective means.

             (5)  If equipment or other heavy objects are located or operated close to the edge of excavations, or if excavations are adjacent to or abutting buildings or other structures, or a hazard is created by vibration from nearby equipment, or from passing vehicular traffic, the added loads shall be considered in the design of the support system.

             (6)  Whenever there is danger of undermining adjacent foundations, excavation work shall be done in short sections, and the building walls shall be effectively shored or braced.

104/79 s49

Excavation or access

   140. (1) When workers are required to enter excavations over 1.22 metres in depth, a ladder shall be provided in the immediate area where workers are employed and the ladder shall extend from the bottom of the excavation to at least 0.91 metres above the top of the excavation.

             (2)  Walkways entering excavations

             (a)  shall be not less than 50.80 centimetres wide;

             (b)  when over 1.22 metres above grade, shall be equipped with guardrails; and

             (c)  when the grade is over one in 6, walkways shall be provided with cleats.

             (3)  When used by mobile equipment, runways shall be equipped with curbs to prevent equipment running off the runway.

104/79 s49

Removal of material

   141. (1) A worker shall not allow excavated material to remain within 1.22 metres of the edge of a trench‑type excavation, nor within 1.52 metres of a pit‑type excavation.

             (2)  Where skips or buckets are used to remove material from excavations, horizontal shoring members shall be protected against dislodgement by the installation of vertical planking.

104/79 s49

Faces and slopes

   142. (1) Where work is being carried on in excavations, the slopes shall be scaled and trimmed, or otherwise stabilized, to prevent slides of material or falls of rock, overhanging banks and dangerous trees or stumps shall be removed and means shall be provided to prevent the dangerous erosion of slopes by surface water.

             (2)  In pits, quarries and similar excavations 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 and this shall apply unless permission is otherwise given in writing by the assistant deputy minister.

             (3)  Workers engaged in scaling, sloping or trimming banks or faces shall use safety‑belts and lifelines.

             (4)  Scaling and like work shall be undertaken from the top down, and the areas into which material will fall shall be kept clear of workers and equipment.

104/79 s49

Excavation safety

   143. (1) With the exception of borrow pits, excavations shall be guarded by substantial railings or barriers to prevent workers falling into excavations.

             (2)  Effective means shall be provided to prevent the accumulation of water in excavations.

104/79 s49

Underground workings

   144. (1) In an underground place of employment, including an excavation, natural entry, adit, tunnel, raise, shaft or chamber, and not being a mine within the meaning of the Mines Act, employment of workers shall be in accordance with

             (a)  standard engineering practices for the type of work being performed;

             (b)  regulations that may apply; and

             (c)  additional requirements that the assistant deputy minister may consider necessary.

             (2)  When an employer proposes to use methods or equipment that are new or not in accordance with standard practices in underground workings, he or she shall first submit details of the proposed methods and equipment to the assistant deputy minister for approval and those submissions shall include evidence of engineering feasibility with respect to the safety of the workers.

104/79 s50

Ventilation requirements

   145. (1) The respirable air in all underground workings where workers are employed shall be free from hazardous amounts of dusts, vapours and gases, and shall contain not less than 20% oxygen.

             (2)  A worker shall not work or remain, or be permitted or caused to work or remain, in a place underground if the air contains dust, fumes or smoke in injurious quantities unless protected by breathing apparatus acceptable to the assistant deputy minister and appropriate for the hazard involved.

             (3)  When mechanical ventilation is required, the ventilating fans shall be so located as to prevent the contaminated air being recirculated.

             (4)  Measurements of the air volume of the mechanical‑ventilation system shall be made at suitable intervals to ensure compliance with the minimum air volume requirements.

             (5)  Measurements of air volume shall be made at the end of the ventilation duct near the working face and records shall be maintained of all air‑volume measurements.

             (6)  Workers shall 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.

104/79 s50

Internal combustion engines

   146. An internal combustion engine, fuelled by gasoline, naphtha, or liquefied petroleum gas, shall not be operated in an underground project.

104/79 s50

Diesel engines

   147. (1) When diesel engines are used underground, mechanical ventilation shall effectively ventilate all work areas.

             (2)  The volume of ventilating air shall not be less than that required to limit the contamination of the general atmosphere to those levels established in the current ACGIH publication.

             (3)  When diesel engines are used,

             (a)  they shall be in a state of repair that will give performance approximate to that of new engines;

             (b)  they shall be checked regularly and shall be maintained in good operating condition;

             (c)  they shall be equipped with suitable exhaust‑gas conditioners approved by the assistant deputy minister which are properly maintained and regularly serviced;

             (d)  they shall not be permitted to idle unnecessarily and operating time shall be kept to a minimum;

             (e)  gasoline or other highly volatile fuels shall not be used with a starting mechanism or device;

              (f)  instructions shall be issued to all workers to shut down all engines immediately, if the ventilation ceases to function, and to keep the engines shut down until ventilation is again made effective; and

             (g)  a fire suppression system, suitable for extinguishing oil fires, shall be provided for each engine.

             (4)  Exhaust‑gas conditioners shall be of a type approved by the assistant deputy minister.

             (5)  Conditioners of the wet‑scrubber type shall

             (a)  contain not less than 45.46 litres of water;

             (b)  sufficient water for at least 4 hours of operation;

             (c)  be examined and certified for effectiveness each shift;

             (d)  be drained and filled with clean water after each 4 hours of operation; and

             (e)  have a liquid level gauge.

             (6)  When diesel equipment is being operated underground,

             (a)  tests shall be made by a competent person for carbon monoxide and nitrogen dioxide at least every 8 hours; and

             (b)  an instrument acceptable to the assistant deputy minister shall be provided for this purpose.

             (7)  when diesel engines are operating 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 each diesel engine and exhaust‑gas conditioner;

             (b)  gas inspection tests made during each shift for carbon monoxide and nitrogen dioxide, including the time and location of tests;

             (c)  at least once a week, or as directed by the inspector, the volume of ventilating air delivered to each underground heading;

             (d)  tests for combustible gas, including location, time and results, as directed by the inspector;

             (e)  an unusual occurrence of findings or action; and

              (f)  the signature of the worker recording each entry.

104/79 s50

Falling ground

   148. (1) The walls, roofs and faces of all underground workings shall be kept free of loose or fissured rocks and stones.

             (2)  An adequate supply of properly dressed scaling bars or other scaling equipment shall be available at the worksite for scaling.

104/79 s50

Definitions

   149. (1) For the purpose of sections 149 to 154,

             (a)  "dust‑exposure occupation" means

                      (i)  underground work,

                     (ii)  surface work in rock‑crushing processes, or

                    (iii)  other work as the assistant deputy minister designates as a dust‑exposure occupation in accordance with paragraph (b);

             (b)  "medical certificate" means a medical certificate issued by a medical examiner;

             (c)  "medical certificate in good standing" is a medical certificate which is in good standing in accordance with these regulations; and

             (d)  "medical examiner" means a medical examiner appointed by the Minister of Health to carry out medical examinations;

             (2)  The assistant deputy minister may designate as a dust‑exposure occupation work other than that referred to in subparagraphs (1)(a)(i) and (ii) and which is carried on in surface operations;

104/79 s51

Medical examination

   150. (1) An applicant for employment in a dust‑exposure occupation shall present himself or herself to a medical examiner for a physical examination and for the purpose of having a medical certificate issued to him or her shall provide the medical examiner with the information and submit to the physical examination that the medical examiner requires of him or her;

             (2)  A medical examiner to whom an applicant presents himself or herself under subsection (1) shall

             (a)  give that applicant a physical examination which shall include a chest X‑ray (posterior‑anterior 14 by 17 inches) and pulmonary function tests of forced vital capacity (FVC) and forced expiratory volume at one second (FEV 1.0) and other matters that the chief occupational medical officer may prescribe;

             (b)  complete, sign and issue to the applicant a medical certificate in the form prescribed by the minister if the applicant at the time of the medical examination

                      (i)  is free from active disease of the respiratory organs, and

                     (ii)  is, in the opinion of the medical examiner, otherwise fit for employment in a dust‑exposure occupation.

             (3)  The holder of a medical certificate which has been issued under subsection (2) shall, in the place provided on that certificate, endorse the certificate with his or her usual signature and the certificate is not in good standing unless it has been endorsed.

             (4)  The holder of a medical certificate which has been issued under subsection (2) shall keep that certificate in good standing while he or she is employed in a dust‑exposure occupation and for that purpose the holder shall, before the expiration of the medical certificate which he or she holds, present himself or herself to a medical examiner for a physical examination and deliver his or her medical certificate to the medical examiner for renewal in accordance with subsection (5);

             (5)  A medical examiner to whom the holder of a medical certificate presents himself or herself under subsection (4) shall give the holder a physical examination which may include an X‑ray of his or her chest and if the holder is free from active pulmonary tuberculosis or a debilitating respiratory disease and is otherwise fit for employment in a dust‑exposure occupation, the medical examiner shall renew the medical certificate by signing it and noting on the certificate the date of renewal and the date, which shall be one year after the date of the renewal, before which the certificate shall be renewed again.

             (6)  A medical certificate is in good standing if the holder of it has endorsed it in accordance with subsection (3) and

             (a)  if not longer than one year has elapsed since it was last signed by a medical examiner; or

             (b)  if not longer than 15 months have elapsed since it was signed by a medical examiner where the physical examination required under these regulations is to be conducted by a travelling medical examiner.

             (7)  An employer shall not employ in a dust‑exposure occupation a worker who does not hold a medical certificate which is in good standing.

             (8)  Subsection (7) does not apply to

             (a)  an applicant for employment in a dust‑exposure occupation who

                      (i)  was not able to get a medical certificate because a medical examiner was not available to give him or her a medical examination in accordance with this section, and

                     (ii)  has not previously since the date these regulations came into force been engaged in a dust‑exposure occupation without a medical certificate; or

             (b)  a worker who is engaged in a dust‑exposure occupation for a total period of 50 hours or less in each month, but a person referred to in subparagraph (a)(i) shall not be engaged in a dust‑exposure occupation without a medical certificate for more than 3 months from the date his or her employment in the dust‑exposure occupation began;

             (9)  The holder of a medical certificate who is engaged in a dust‑exposure occupation shall tender his or her certificate to his or her employer who shall endorse on it in the space provided the record of employment of the holder with that employer.

           (10)  The manager or superintendent of the employer who comes under the scope of these regulations in which, or in connection with which, the holder of a medical certificate is employed shall, for the purpose of making the endorsements required under subsection (9), require the holder of a certificate to tender the certificate to him or her and may have the certificate in his or her custody during the period of the holder's employment in or in connection with the operation.

           (11)  An employer who employs workers in a dust‑exposure occupation other than workers to whom subsection (8) applies shall keep a record of the medical certificates held by his or her workers and a representative of the division may examine and make extracts of that record.

           (12)  A manager or superintendent who has a medical certificate in his or her custody under subsection (10) shall return that certificate to the holder upon the termination of the holder's employment or not later than one month before the date before which the certificate is to be renewed, whichever is the earlier date.

           (13)  This section shall not prevent an employer from requiring a worker or applicant for work in a dust‑exposure occupation to comply with or satisfy the medical, physical and other employment or pre‑employment standards of the employer in addition to complying with this section.

           (14)  The assistant deputy minister shall designate which employers employing workers in a dust‑exposure occupation come under the scope of this section.

104/79 s51

Dust control

   151. (1) An employer shall protect workers from harmful exposure to dust.

             (2)  Workers, employed in surface rock‑excavating workings, shall be protected from harmful dust concentrations by the use of water spray or dust removal from work areas by mechanical means, or by a combination of the 2 methods.

             (3)  Where workers are exposed to dust 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.

             (4)  At underground rock‑excavating workings, means acceptable to the division shall be employed to effectively suppress the dust caused by drilling or handling rock.

             (5)  Every rock drill shall be equipped with a water jet, spray or other device of a type acceptable to the assistant deputy minister to effectively suppress drilling dust.

             (6)  Subsection (5) does not apply to hand‑drilling procedures.

             (7)  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.

             (8)  Effective dust‑control measures shall be employed during handling and loading of broken rock.

             (9)  Mechanical ventilation shall be provided to produce in the work area a minimum air volume of 15.24 cubic metres per minute per square metre of working face.

104/79 s51

Asphalt‑mixing plant

   152. (1) In order to protect workers from exposure to harmful amounts of rock dust, an employer shall ensure that equipment used in the processing of rock in asphalt‑mixing plants shall be equipped with all necessary dust controls, which shall include the following minimum requirements:

             (a)  the screen enclosure shall have a mechanical exhaust system that maintains a negative pressure on the screen enclosure and the elevator feed system;

             (b)  the mixing chamber shall have a mechanical exhaust system that maintains a negative pressure on the bin discharge to the mixer or elevator feed system;

             (c)  screen overflow chutes and hoppers handling the screen overflow shall be enclosed;

             (d)  the waste‑fines conveyor system shall be enclosed at transfer and discharge points;

             (e)  material transfer points between sections of the asphalt‑mixing plant shall be connected with effective dust seals;

              (f)  conveyor and elevator cover seals shall be dust tight;

             (g)  on continuous‑mix plants the conveyor feeding the mixing chamber shall be enclosed;

             (h)  on batch‑mix plants dust‑tight seals shall be installed on manual draw‑chute levers and on the weigh‑hopper and bin;

              (i)  a dust‑tight seal shall be installed at the dryer discharge to the screen elevator; and

              (j)  the discharge from a mechanical exhaust system shall be located to prevent the return of contaminated air to areas occupied by workers.

104/79 s51

Rock‑crushing plants

   153. Rock‑crushing plants shall be equipped with dust controls and

             (a)  rock crushers, including jaw, roll, cone or hammer mills, 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)  the discharge from a mechanical exhaust system shall be located to prevent the recirculation of contaminated air to areas occupied by workers.

104/79 s1

Respiratory equipment

   154. Where workers are exposed to high concentrations of dust for short periods of time, and where protection cannot otherwise be provided, suitable respiratory protective equipment shall be worn.

104/79 s51

Explosives, application

   155. (1) Except for operations coming within the scope of the Mines Act, sections 153 to 166 shall apply to the use of explosives by all other workers coming within the jurisdiction of the division.

             (2)  For the purpose of sections 153 to 166,

             (a)  "blaster" means a person who is the holder of a valid blaster's safety certificate granted by the division;

             (b)  "blasting area" means an area extending at least 45.72 metres in all directions from a place in which explosives are being prepared or fixed, or in which unexploded charges are known or believed to exist;

             (c)  "detonator" includes those explosives commonly called blasting‑caps, or electric caps, or other like devices used to explode commercial explosives;

             (d)  "explosive" includes a chemical compound or mechanical mixture which by fire, friction, concussion, percussion or detonation may cause a sudden release of gases having pressure capable of producing destructive effects;

             (e)  "primer" means an explosive cartridge to which a detonator has been attached; and

              (f)  "magazine" means a building or other structure used for storage of explosives.

104/79 s52; 143/82 s1; 73/83 s5

Control of blasting area

   156. (1) A person shall not conduct or direct a blasting operation, including the preparing, fixing and firing of charges and handling of misfires, unless he or she is the holder of a valid blaster's safety certificate issued by the division.

             (2)  A person shall not be allowed to conduct or direct an operation which could affect the safety of the workers in a blasting area, except upon the authorization of the blaster responsible for that area.

             (3)  A blaster may be assisted by workers who are not holders of blaster's safety certificates to prepare, fix and fire charges and handle misfires, but the blaster shall have full authority over the assistants and shall exercise continuous visual supervision over them and be responsible for their work.

             (4)  A candidate for a blaster's safety certificate shall

             (a)  be at least 19 years of age;

             (b)  demonstrate a satisfactory knowledge of the English language, both spoken and written;

             (c)  be physically capable of safely carrying out the duties of a blaster; and

             (d)  all blasters shall attend a blasters' school acceptable to the assistant deputy minister.

             (5)  A person shall not make, or assist in making, a false representation for the purpose of procuring a blaster's safety certificate for himself or herself or for another person.

             (6)  Examination of a candidate for a blaster's safety certificate shall be carried out

             (a)  by persons authorized by the assistant deputy minister;

             (b)  at the times and places as determined by the assistant deputy minister; and

             (c)  by written tests, supplemented by oral or other tests that are considered necessary to determine a candidate's suitability to perform the duties of a blaster.

             (7)  Every certificate, unless otherwise stated on it, shall normally be granted for a period of 5 years, but the certificate may be endorsed with an extension, limitation or clarification the assistant deputy minister considers necessary.

             (8)  A certificate may be revoked for failure to comply with the requirements or directions of the assistant deputy minister, or for another reason which the assistant deputy minister may consider sufficient.

             (9)  The holder of a blaster's certificate shall be re‑examined before the expiry date of his or her certificate at the time and place and in the manner that the assistant deputy minister may stipulate.

           (10)  Failure to complete the re‑examination to the satisfaction of the assistant deputy minister shall result in the termination of the blaster's certificate, or in the issue of a restricted certificate.

           (11)  The assistant deputy minister may charge a fee for the blaster's safety seminar sponsored by the division.

104/79 s52; 143/82 s1; 73/83 s5

Production of certificate

   157. (1) Upon employment at an industrial operation, the blaster shall deliver his or her certificate into the custody of the employer and a person in charge of an operation shall not permit a worker to carry out the duties of a blaster until the blaster's certificate has been so delivered.

             (2)  Blaster's certificates shall be produced for inspection upon the request of an authorized representative of the division.

             (3)  The blaster's certificate shall be returned to him or her at the termination of his or her employment.

             (4)  Copies of blaster's safety certificates shall not be accepted as proof of certification.

104/79 s52; 143/82 s1; 73/83 s5

Report of accident

   158. (1) When a blasting accident occurs in which a personal injury is sustained or when there is an unusual occurrence in which explosives are involved, whether or not personal injury is sustained, the employer shall immediately forward a report of the incident to the Health and Safety Standards Branch of the division, together with the blaster's safety certificate of each blaster involved.

             (2)  The report shall state

             (a)  the names and certificate numbers of all blasters involved;

             (b)  the names and occupations of workers injured;

             (c)  the type of explosives, detonators and blasting machine used; and

             (d)  a factual account of events pertinent to the accident.

             (3)  The assistant deputy minister shall determine from the circumstances of the incident whether the safety certificate shall be returned to the blaster, or other action to be taken.

104/79 s52; 143/82 s1; 73/83 s5

Suspension of certificate

   159. (1) The assistant deputy minister or an inspector may suspend a blaster's safety certificate when there is a question of the competency of the blaster and that suspension shall continue until the assistant deputy minister has determined the action to be taken.

             (2)  If the holder of a blaster's safety certificate is, in the opinion of the employer, guilty of a breach of regulations relating to blasting, the employer shall immediately suspend the blaster from performing the duties of a blaster, and shall immediately report the suspension to the assistant deputy minister for any action the assistant deputy minister considers advisable.

             (3)  The assistant deputy minister may suspend or cancel a blaster's safety certificate if a blaster is shown to be guilty of negligence, or if he or she refuses or fails to comply with the regulations concerning explosives, or for another cause which is considered sufficient by the assistant deputy minister.

104/79 s52; 143/82 s1; 73/83 s5

Storage of explosives

   160. (1) Explosives shall be stored in conformity with the Explosives Act (Canada).

             (2)  A maximum amount of 4.54 kilograms of blasting cartridges or 200 detonators may be kept in a suitable receptacle which

             (a)  is detached from a dwelling and is situated at a safe distance from a highway, street, public thoroughfare or public place;

             (b)  may be placed inside a building that is not itself adapted for the keeping of explosives;

             (c)  is in a location approved by an explosives inspector or conforming with provincial or municipal law;

             (d)  is kept away from goods of a flammable nature; and

             (e)  is of easy access for removal in case of fire.

             (3)  A suitable receptacle shall be

             (a)  substantially constructed and provided with a closely fitted lid, secured by a lock and hinges, or otherwise closed and secured to prevent access by unauthorized workers;

             (b)  kept locked, except when opened for necessary purposes;

             (c)  used exclusively for the keeping of explosives;

             (d)  well and substantially constructed of wood, covered or treated with fire‑resistant material or made of other suitable material and the interior of the receptacle and all fittings in it shall be so constructed, covered or lined as to prevent the exposure of iron or steel, or hard or gritty surface;

             (e)  kept scrupulously clean inside; and

              (f)  identified by the word "Explosives" conspicuously displayed on it and the letters shall be predominantly displayed on a contrasting background.

             (4)  Detonators and detonating relays shall not be stored in a receptacle containing other types of explosives.

             (5)  Except as may be otherwise provided by the Explosives Act (Canada), a maximum of 68.04 kilograms of explosives or 2,000 detonators may be kept

             (a)  in a bin, well and substantially constructed of wood, covered or treated with fire‑resistant material; and

             (b)  in a building, well and substantially constructed of brick, stone, concrete or other fire‑resistant substance, or of wood covered or treated with fire‑resistant material;

             (6)  In every case

             (a)  storage shall be removed a distance of at least 22.86 metres from a road and 30.48 metres from an occupied building;

             (b)  the bin or building shall be used exclusively for the keeping of explosives and shall be constructed to prevent access by unauthorized persons; and

             (c)  doors shall be of substantial construction and shall open outwards and they shall be kept closed and locked, except when required to be opened for necessary purposes.

             (7)  The interior of a structure used for storing explosives shall be kept scrupulously clean and shall be constructed, covered or lined to prevent the exposure of iron, steel, or other hard or gritty material and precautions shall be taken to exclude moisture.

             (8)  An article or substance likely to cause fire or explosion shall be kept at a safe distance from the storage place.

             (9)  Fires, lights, matches, oiled waste or an article liable to spontaneous ignition, or likely to cause fire, shall not be permitted within the storage place.

           (10)  The bin or building shall have the word "Explosives" conspicuously displayed on it in large letters on a contrasting background.

           (11)  Explosives in excess of 68.04 kilograms shall be kept only on premises which have been licensed under the Explosives Act (Canada).

           (12)  Safety‑fuse may be stored with explosives but shall not be stored with detonators.

           (13)  Detonating fuse shall be stored separately or with explosives other than detonators.

           (14)  Igniter cord shall be stored separate from a fuse, detonator or explosives.

           (15)  Explosives and blasting‑caps shall be kept and handled separately until the last most practicable moment necessary for bringing them together.

           (16)  Caps at a loading site shall be stored only in a crush resistant box, properly identified and equipped with carrying handles.

104/79 s52; 143/82 s1; 73/83 s5

Transportation of explosives

   161. Transportation of explosives shall conform with the Fire Commissioners Act and the Explosives Act (Canada).

104/79 s52; 143/82 s1; 73/73 s5

Handling of explosives

   162. (1) All types of explosive materials shall be stored, transported, handled and used in a manner recommended by the manufacturers of the material, subject to specific regulation by a competent jurisdiction.

             (2)  Explosive cartridges that are stained shall be examined by the blaster and if the blaster determines that the defect is slight, the explosives may be used, but only with a new cartridge or a new explosive as a primer.

             (3)  If the blaster determines the cartridges unserviceable, they shall be destroyed by burning or detonation and the burning shall be supervised by the blaster and shall be carried out in accordance with the manufacturer's recommendations.

             (4)  Frozen explosives shall be thawed in accordance with the manufacturer's recommendations.

             (5)  They shall not be thawed near an open fire or a steam‑boiler, nor by direct contact with steam or hot water.

             (6)  Explosives, fuse or caps shall not be abandoned, but shall be moved to suitable storage or disposed of in a recognized safe manner.

             (7)  A person shall not smoke or be permitted to smoke or allow ignited material in proximity to explosives, or within a blasting area.

             (8)  A container known or suspected to contain explosive or explosive residue shall be handled with care to prevent undue impact or exposure to excessive heat or to flame, and shall not be opened within a magazine nor in a manner except as recommended by a manufacturer and by the explosives manufacturer.

104/79 s52; 143/82 s1; 73/83 s5

Drilling

   163. Drilling shall not be done

             (a)  in the socket of an old hole;

             (b)  within 15.24 centimetres of a socket;

             (c)  within 6.10 metres of a part of a loaded hole; and

             (d)  within 60.96 centimetres of a misfired hole.

             (2)  All drill‑holes shall be of sufficient size to permit free insertion of the explosives to the bottom of the hole without ramming, pounding, cutting or undue pressure.

104/79 s52; 143/83 s1; 73/83 s5

Loading

   164. (1) A fuse shall not be capped or cartridge primed in a place where explosives are stored.

             (2)  A fuse shall be cut off square for insertion in the cap, and shall be capped only by means of a crimping tool.

             (3)  No greater number of primers than the number of shots to be fired shall be made up at one time.

             (4)  The stripping of cartridges is prohibited.

             (5)  A damaged fuse shall not be used and all fuses shall be handled with care to avoid pinching or bending sharply.

             (6)  In cold weather, fuse shall be warmed before handling.

             (7)  A fuse shorter than 91.44 centimetres shall not be used in a blasting operation.

             (8)  Metallic tamping‑rods or rods with metallic fittings shall not be used, and all holes shall be carefully tamped by using pressure and not impact.

             (9)  Each circuit shall be tested with an approved galvanometer before firing.

           (10)  Blasting machines shall be kept in good mechanical condition and they shall be tested by methods approved by the manufacturer before a blast which may require the maximum output of the machine.

           (11)  The capacity of the blasting machine shall be clearly marked on the machine, and the capacity shall not be exceeded.

           (12)  The blending of ammonium nitrate shall not be carried out unless a factory licence has been granted, or permission given, by the chief inspector, Explosives Division, Department of Energy, Mines and Resources (Canada), and the blending shall only be done under the specific conditions within the licence or permit.

           (13)  When holes are pneumatically loaded with ammonium nitrate and fuel oil, or other nitro‑carbo‑nitrate mixtures, only semi‑conductive hoses designed for this purpose shall be used.

           (14)  Machines used to load nitro‑carbo‑nitrate mixtures pneumatically shall be effectively grounded before and during the loading operation.

           (15)  Pneumatically loaded holes shall not be bottom primed if electrical blasting caps are used, except where written authorization has been obtained from the assistant deputy minister.

           (16)  When detonating cord is used, cords shall not be interconnected or attached to trunk cords until all holes are loaded.

           (17)  Explosives shall not be loaded into holes located within 6.10 metres of a hole‑drilling operation.

104/79 s52; 143/82 s1; 73/83 s5

Firing

   165. (1) A blaster shall fire all loaded holes in a blasting area at the same time and no part of a charge shall be withdrawn.

             (2)  Holes which have been loaded, but not fired by the end of the working day, shall not be left unattended, whether primed or not and a worker shall be posted to ensure that the holes are not tampered with when the work crew is absent from the site.

             (3)  A vehicle, or other mechanical equipment, shall not be driven over loaded holes.

             (4)  When a safety‑fuse spitter is used to light a series of safety‑fuse charges, the blaster shall ensure that the spitter is not longer than one‑half the length of the shortest fuse, and shall be at least 91.44 centimetres shorter in length than the shortest fuse in the round.

             (5)  When firing is done from power or light wires or an electrical generator, a safety switch shall be provided and so installed within a locked receptacle that the door can be closed and locked only when the switch is in the "off" position and the box shall be kept locked and the switch made inaccessible to anyone except the blaster.

             (6)  When holes are "sprung", ample time shall be left for the hole to cool between "springing" shots and the loading of the main charge.

             (7)  Before blasting every blaster shall give or cause to be given sufficient warning in every direction, and shall ensure that all persons have reached a place of safety before the blast is fired but except where the charge is bottom‑primed nitro‑carbo‑nitrate mixture, water shall be used to wash out the charge and the old primer shall be blasted with a fresh primer.

             (8)  A blaster shall not be relieved of responsibility of ensuring that the danger area is clear of workers and kept clear during the blasting period.

             (9)  The use of whistles or other signals alone shall not be considered adequate assurance that the area is clear.

           (10)  The blaster shall ensure that a signalling device of a type distinct from other signalling devices in the area is provided and is used to give warning in accordance with the following procedure and immediately preceding the blast, no less than 12 short‑whistle signals shall be sent at one second intervals.

           (11)  Two minutes shall elapse after the last warning signal before the explosive is detonated.

           (12)  Following the blast and after the area has been found safe, one continuous whistle signal of 15 seconds duration shall be sounded to signify that permission is granted to return to the blasting area.

           (13)  The employer shall cause the warning procedure and the standard blasting signal code to be posted conspicuously at each operation.

104/79 s52; 143/82 s1; 73/83 s5

Returning to the blasting site

   166. (1) After blasting by electricity, a blaster shall not allow another worker to enter a place where charges have been fired until he or she has disconnected the firing cables from the blasting machine, and has short‑circuited the lead wires, and personally examined the blasting area and given permission for work to proceed.

             (2)  If there is evidence to indicate that part of the blast has misfired, the blaster shall wait not less than 10 minutes before entering the blasting area.

             (3)  When blasting with safety‑fuse and a charge has misfired, or is suspected to have misfired, a worker shall not return or be permitted to return to the blasting site until after the elapse of the longest period of

             (a)  30 minutes after the lighting of the last fuse; or

             (b)  twice the number of minutes that there are feet in the longest fuse used.

             (4)  A thorough examination shall be made after charges have been fired and before drilling has again started to ascertain that no unexploded charges remain.

             (5)  A log book shall be provided at the blasting site, and the blaster in charge shall record the results of his or her examination in it.

             (6)  Removal of loosened material shall be cautiously undertaken, having regard to possible undetonated explosive materials or misfired holes and loose rock shall be scaled off any face in the work area before other work is resumed.

             (7)  When there is evidence or suspicion of misfired charges or unfired explosives

             (a)  a worker shall not use metallic equipment in the immediate vicinity of the suspected misfired or unfired charges until after a blaster has directed the hand removal of as much broken material as possible; and then

             (b)  metallic equipment may be used to remove broken material

                      (i)  under conditions of adequate illumination,

                     (ii)  under the direct supervision of a blaster, and

                    (iii)  provided that precautions are taken to prevent injury to a worker from accidental detonation.

104/79 s52; 143/82 s1; 73/83 s5

Misfire procedures

   167. (1) A hole in which a charge has misfired shall be marked by the insertion of a wooden marker and an attempt shall not be made to remove the unexploded charge.

             (2)  A blaster shall detonate misfired charges before other work is undertaken in the blasting area.

             (3)  In case an additional hole and charge are necessary for the blasting of the misfired charge, the blaster of the misfired charge shall be responsible for directing the angle of the hole and the depth to which it shall be drilled, but drilling shall not be done within a distance of 60.96 centimetres from a misfired charge.

             (4)  When explosives are fired by electric current

             (a)  conductors leading to the charges shall be short‑circuited while the leads from the blasting caps are being connected to each other and to the conductors and this short‑circuit shall not be removed until the workers have retreated to a place of safety;

             (b)  conductors leading to the charge shall be connected to the firing device only at the instant of firing and they shall be disconnected immediately afterwards; and

             (c)  connecting up electric blasting circuits shall not be done during an electric storm in workings, where a lightning charge is likely to cause a premature explosion.

             (5)  Nothing contained in these regulations takes away or abridges the powers of the Department of Mines and Energy and the Fire Prevention Act, 1991.

104/79 s52; 143/82 s1; 73/83 s5

Special precautions‑electrical blasting caps

   168. (1) To minimize hazards from radio frequency energy, electrical blasting shall not be carried out at lesser distances from a transmitter than shown in the following tables:

Table 1

Recommended Safe Distances for Commercial
AM Broadcast transmitters
(Frequency 0.535 to 1.605 Megahertz)

 

Transmitter
Power
(
Watts)

Minimum
Distance

Up to 4,000

228.60 m

5,000

259.08 m

10,000

396.24 m

25,000

609.60 m

50,000

853.44 m

100,000

1188.72 m

500,000

2682.24 m

 

Table 2

Recommended Safe Distances for
Mobile Transmitters
Minimum Distance

 

Transmitter Power (watts)

MF 1.6‑3.4 MHz

MF 28‑29.7 MHz

VHF 35‑36 42‑44 50‑54 MHz

VHF 144‑148 150.8‑161.6 MHz

UHF 450‑460 MHz

10

12.19 m

30.48 m

12.19 m

4.57 m

3.05 m

50

27.43 m

67.06 m

27.43 m

10.67 m

6.10 m

100

38.10 m

94.49 m

39.62 m

15.24 m

9.14 m

180

-

-

-

19.81 m

12.19 m

250

60.96 m

149.35 m

62.48 m

22.86 m

13.72 m

500

-

-

88.39 m

-

-

600

91.44 m

231.65 m

96.01 m

35.05 m

21.34 m

1,000

121.92 m

298.70 m

124.97 m

45.72 m

27.43 m

10,000

381.00 m

-

396.24 m

-

-

             (2)  The following additional 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 blasting area and where absolute control cannot be exercised, as on public highways, warning signs shall be posted to remind vehicle operators to turn off transmitters and, if necessary, flagmen shall be posted to instruct operators accordingly; and

             (b)  blasting circuits shall be kept on the ground and bare connections may be elevated sufficiently to prevent current leakage.

104/79 s52; 143/82 s1; 73/83 s5

Wood‑working machinery and process guards

   169. (1) Effective means of guarding shall be provided and used to prevent a worker from coming into contact with a working part of a wood‑working machine while the machine is in operation.

             (2)  If special circumstances require the removal of a guard, it shall be immediately replaced upon completion of the work which required its removal.

             (3)  A worker shall not be permitted to remove a guard or to make a guarding method ineffective or to operate a machine which is ineffectively guarded.

104/79 s53

Saw guards

   170. (1) Band saw blades shall be enclosed or guarded except the working‑side of the blade between the guide‑rolls and the table. Band saw wheels shall be fully encased.

             (2)  Each hand‑fed circular‑saw shall have those portions of the saw not in the cutting area fully guarded, and the portion of the saw in the cutting area shall be guarded in a manner to allow the passage of material being cut and to expose the minimum amount of the saw.

             (3)  Inverted swing cut‑off or jump‑type saws or similar equipment shall

             (a)  be guarded when in the non‑cutting position; and

             (b)  have the exposed portion of the saw blade guarded during the cutting operation.

             (4)  A conspicuous sign shall be placed over the jump‑saw prohibiting workers placing any part of their body in the danger area.

             (5)  All portable power‑driven circular‑saws shall be equipped with guards which will automatically adjust to the material being cut so that none of the teeth are exposed to contact, and when the saw is withdrawn the guard shall completely cover the saw to the depth of the teeth.

104/79 s53

Saw requirements

   171. (1) Circular‑saws shall not be run at a speed in excess of that recommended by the manufacturers.

             (2)  Circular‑saws having a rip‑type tooth shall be provided with non‑kickback fingers or dogs so located as to 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 all thicknesses of materials being cut.

             (3)  Hand‑fed circular rip‑saws shall be equipped with a splitter or spreader so designed to prevent the material from binding on the saw blade and to withstand work stresses.

             (4)  The spreader shall be so attached as to remain in alignment with the saw, even when either the saw or table is tilted, and shall be so placed that there is not more than a 1.27 centimetre space between the spreader and the back of the saw when the largest blade is mounted in the machine.

             (5)  The use of a spreader or splitter in connection with grooving, dadoing or rabbeting is not required and on the completion of those operations, the spreader or splitter shall be immediately replaced.

             (6)  Each rip‑saw shall be so located that a worker cannot work in line with the saw unless protected by a barrier to prevent him or her being struck by material being kicked back by the saw.

             (7)  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 function of the device shall not depend upon a fibre rope, cord or spring.

             (8)  When counterweights are used on a swing cut off saw, they shall be provided with substantial safety chains or cable, or shall be otherwise secured against falling whenever there is danger to workers.

             (9)  Each 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 will rise above the table‑top.

           (10)  Swing‑saws shall be prevented from rebounding by a latch or other effective device.

           (11)  A radial arm saw cutting table shall be of a width that no part of the saw blade will overhang the forward edge of the table, or a stop shall be installed to limit the forward travel of the saw to that effect.

           (12)  Operators of swing cut‑off saws shall take a position that no part of their 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 shall be operated by the hand closest to the saw.

           (13)  Dull, badly set, improperly filed or improperly tensioned saws, or inserted‑tooth saws with poorly fitting shanks or worn bits, shall be immediately removed from service.

104/79 s53

Cracks in saws

   172. (1) A band‑saw found to have developed a crack, the length of which does not exceed one‑tenth of the width of the saw, shall be discontinued from service unless development of the crack is arrested by centre punching or other effective means.

             (2)  A band‑saw found to have developed a crack, the length of which exceeds one‑tenth of the width of the saw, shall be discarded unless the width is so reduced as to eliminate the crack, or unless the cracked section is welded or replaced.

             (3)  Brazing and welding of band‑saws shall be done only by workers competent to do the work.

             (4)  A circular‑saw found to have developed a crack, the length of which does not exceed one‑tenth of the saw diameter, shall be removed from service until lengthening of the crack is arrested by centre punching, drilling, or the crack eliminated by welding.

             (5)  A circular‑saw that is found to have a crack, the length of which exceeds one‑tenth of the saw diameter, shall be taken out of service until the crack is eliminated by welding or reducing the diameter of the saw.

             (6)  Saws with eye cracks or cracks adjacent to the collar line shall be removed from service.

104/79 s53

Guards‑miscellaneous

   173. (1) The cutting heads of woodworking machinery shall be guarded to effectively prevent workers from contacting moving parts.

             (2)  Each hand‑fed wood‑jointer shall have an automatic guard which shall cover all the section of the head on the working‑side of the fence or gauge, and a guard which covers the head of the back of the fence.

             (3)  Each drum sanding‑machine shall have an exhaust hood so arranged as to enclose the revolving drum, except that portion of the drum necessary for the operation.

             (4)  Each belt sanding‑machine shall have both pulleys enclosed in a manner to guard the points where the sanding‑belt runs on to the pulleys and the unused run of the sanding‑belt shall be guarded.

             (5)  Each disc sanding‑machine shall have the exhaust hood or other guard enclose the revolving disc, except that portion of the disc necessary for the operation.

             (6)  Universal joints on spindles of woodworking boring‑machines shall be completely enclosed.

             (7)  Rotating feeding devices shall be guarded.

             (8)  Veneer‑clippers shall have automatic feed or shall be provided with a guard which will make it impossible to place hands or fingers under the knife while feeding stock and the rear of each clipper shall be guarded to prevent a portion of the hand being placed under the knife while removing clipped stock.

104/79 s53

Hand safety

   174. (1) When manually feeding material to equipment which does not have means to prevent worker's fingers entering the dangerous point of operation, special hand tools shall be used.

             (2)  Templates, jigs and fixtures for the protection of the operator's hands shall be used wherever the nature of the work will permit.

             (3)  Each hand‑fed wood‑jointer with a horizontal head shall be equipped with a cylindrical cutting‑head.

             (4)  Hand‑fed tenoning machines shall be provided with a clamping or hold‑down device to hold the material being cut.

             (5)  All knives and cutting‑heads of woodworking machines shall be kept sharp, properly adjusted and firmly secured.

             (6)  Where 2 or more knives are used in one head, they shall be properly balanced.

             (7)  When handling or transporting knives, saws, cutting heads or other sharp‑edged devices, the cutting edges shall be guarded, or other methods adopted which will minimize the danger to workers.

             (8)  Cutting heads, including those on routers, shapers and stickers, shall be fitted with protective hoods, of sufficient strength to contain flying metal fragments, in the event of failure of cutting head components.

             (9)  When 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.

104/79 s53

Laundries

   175. (1) Feed‑rolls of flatwork ironers shall be provided with a bar across the front so arranged that the striking of the bar will stop the machine, or the rolls shall be provided with a fixed rod that will prevent the hands entering the rolls.

             (2)  The rolls of a roller‑type body ironers shall be provided with a fixed bar across the front which will prevent the hands from entering the rolls.

             (3)  The hot roll shall be covered in a way that the operator cannot come into contact with it.

             (4)  Press‑type ironers shall be provided with an automatic device which will prevent the application of injurious pressure if the fingers of the operator are between the bed and the pressure‑head, or a 2 handed device shall be provided which will require removal of both hands of the operator from the danger zone at the time of tripping the machine.

             (5)  Washing machines shall be provided with a device which will prevent the inside barrel from turning while the outside drum‑door is open.

             (6)  Every centrifugal extractor shall be provided with devices that will prevent power being applied before the lid or cover is closed, and which prevents the cover being opened while the basket is in motion.

             (7)  Tumblers used for laundry or drycleaning shall be provided with a device to prevent the barrel from moving while the door is open and the barrel shall be enclosed or guarded to prevent contact.

             (8)  All pipes and fittings, at a temperature capable of inflicting burns, shall be insulated to a height of 2.13 metres above the floor to prevent contacts injurious to workers.

104/79 s54

Painting

   176. (1) Where workers are exposed to paints, coatings, thinners, solvents and similar materials containing ingredients harmful to workers, the employer shall ensure that the harmful nature of the materials is known and that safe means of handling and using the materials are followed.

             (2)  Sufficient ventilation shall be available for the removal of harmful substances from the respirable atmosphere.

             (3)  Eye, skin and respiratory protection shall be used where it is necessary to protect workers from the harmful effects of substances.

             (4)  The spraying of those substances shall not be done where this constitutes a health hazard to other workers.

             (5)  Workers handling those substances shall cleanse the affected body areas before eating.

             (6)  A source of ignition shall not be permitted in or near an area where flammable materials are being sprayed.

104/79 s54

Airless spray equipment

   177. (1) A worker shall not operate an airless type spray unit until he or she has been trained in its use.

             (2)  A worker shall not operate an airless type spray unit in a manner as to endanger himself or herself or another worker.

             (3)  Every airless spray gun shall be equipped with

             (a)  a trigger guard which will prevent discharge in the event that the gun is dropped;

             (b)  a safety latch to lock the trigger when the gun is under pressure but not being used; and

             (c)  hoses designed to withstand the high pressure involved and hoses, guns and pressure vessels shall be equipped with specific fittings which are not interchangeable with low pressure fittings.

Combustible gas propellants

   178. Combustible gas or vapour shall not be used as a propellant for spray coatings.

104/79 s54

Electrical installations

   179. Electrical wiring and equipment, located where flammable materials are sprayed, shall meet the requirements of the Canadian Electric Code and regulations under it.

104/79 s54

Window cleaning

   180. (1) Where workers are employed as window‑cleaners the employer shall ensure that workers perform these duties in accordance with the requirements pertaining to operations and equipment as specified by

             (a)  the Canadian Standards Association (C.S.A.) Code of Practice for Window Cleaning Z91;

             (b)  the regulations in this section or other sections that may apply to them; and

             (c)  other regulations that the assistant deputy minister may consider necessary.

             (2)  In buildings having windows which are 3.05 metres or more above grade and where it is necessary for workers to clean the windows from the outside, safety devices shall be provided and used.

             (3)  Safety devices shall include ladders, elevating platforms, swing stages, monorail systems, boatswains chairs, suspension harness, extended window platforms, safety‑belts and attachments, lifelines and other devices acceptable to the assistant deputy minister.

             (4)  Safety devices shall be maintained in good condition, shall be carefully inspected before use and defective devices shall not be used.

             (5)  Where the window sill extends less than 10.16 centimetres out from the window‑frame, workers shall not stand on the sills unless an auxiliary sill or other device is provided.

             (6)  The width of an auxiliary and the permanent sill combined shall not be less than 25.40 centimetres or exceed 35.54 centimetres.

             (7)  Auxiliary sills or other devices shall be designed so that they can be securely fastened in place from within the building.

             (8)  Workers engaged in cleaning windows shall not pass from window to window on the outside of the building except where a ledge provides a continuous secure footing more than 25.40 centimetres wide or where safety devices are used to give continuous protection.

             (9)  Workers, on permanent or auxiliary window sills, shall wear safety‑belts and the belts shall be fitted with safety‑straps secured to permanent anchors on either side of the window.

           (10)  Safety‑belts, safety‑straps and lifelines shall be arranged to limit the free fall of a worker to 1.22 metres.

104/79 s54

Foundries

   181. (1) All foundry operations shall be conducted and the general conditions of the plant structure, equipment and working area shall be maintained to control the dissemination of dust or fumes in the breathing zone of the foundry workers down to or below the maximum threshold limit value.

             (2)  Foundry sand‑handling and preparation equipment located inside a building shall be equipped to provide effective dust control.

             (3)  The cleaning, grinding or chipping of castings shall be performed in a well‑ventilated booth or room.

             (4)  Eye protective equipment appropriate to the exposure shall be worn by the workers involved and face protective equipment shall be worn when required.

             (5)  The use of high pressure air for blowing off castings and moulds and for similar purposes is prohibited except in well‑ventilated booths or rooms.

             (6)  Hoods or other effective means of ventilation shall be provided to control fumes from electric furnaces, or from brass‑melting furnaces or pots, or from other sources of metallic fumes.

             (7)  Means shall be provided to prevent the recirculation of dust, fumes and gases exhausted from the work area.

             (8)  Workers shall wear clothing appropriate for the hazards involved in the work processes.

             (9)  Where a drop‑weight is used for the breaking of castings or scrap material, an effective barrier shall be installed to protect workers from flying fragments of metal.

104/79 s54

Molten metal safety

   182. Workers, engaged in the processing or handling of molten metal, shall wear protective clothing and equipment, specifically as follows:

             (a)  adequate head protection shall be worn;

             (b)  effective eye protection shall be worn;

             (c)  during furnace charging, lancing, tapping or pouring operations, where a hazard to the face exists, face shields or screens or effective combinations of these shall be worn by the workers involved;

             (d)  safety footwear shall be worn;

             (e)  effective meal splash protection for the legs and feet, pant legs shall not be rolled up and cuffs shall not be permitted,

              (f)  workers engaged in oxygen lancing operations, which could expose them to contact with molten material, shall wear appropriate fire‑resistant protection equipment or shall be protected by suitable screens or barriers; and

             (g)  workers handling molten metal shall wear clothing of wool or fire‑resistant material.

104/79 s54

Logging

   183. (1) All logging workers shall wear CSA approved safety hats, or equivalent, at all times when in an operating area.

             (2)  All logging workers operating power saws or using pulp hooks or axes shall wear safety knee patches.

             (3)  CSA approved safety boots or footwear shall be worn by logging workers who are engaged in an operation which may constitute a hazard to feet or ankles.

             (4)  Choker men or logging workers handling wire cables shall wear mitts or gloves of leather, or nylon safety gloves.

             (5)  All tractors and power skidders working in wooded areas shall be equipped with a cab or canopy sufficiently strong to provide protection for the operator from falling trees or branches.

             (6)  Power skidders shall also have protection at the back of the cab against cable snap back.

             (7)  Power skidders and other motor vehicles and equipment shall be operated only in accordance with the manufacturer's instructions.

             (8)  Where a worker is employed under conditions where he or she might not be able to secure assistance in case of injury, the employer shall provide a means of checking the well‑being of the worker at intervals which under the circumstances provide adequate protection.

             (9)  A worker shall not be permitted to work closer than 45.72 metres from a bulldozer which is pushing down trees.

           (10)  Riders shall not be permitted on tractors, skidders or other vehicles except in the seat provided for that purpose.

           (11)  Except in a case of emergency, not more than 3 workers, one being the driver, shall ride in the cab of a truck.

           (12)  All gasoline containers stored near camp buildings shall be kept at least 15.24 metres from buildings normally used for housing workers.

           (13)  Highly flammable or explosive materials shall not be stored in or under sleeping camps or used to light wood stove fires.

           (14)  Smoking shall not be permitted within 15.24 metres of gasoline or other highly flammable material storage area.

           (15)  Tools with loose, broken or defective handles shall not be used.

           (16)  Boats used to transport workers shall be equipped with Ministry of Transport (MOT) approved life jackets for each worker, also a life buoy with line attached and an approved fire extinguisher and those boats shall not be overloaded at any time.

           (17)  A vehicle such as a truck, tractor, grader or skidder shall not cross over or onto a frozen lake or stream where the water at any point is over 1.22 metres deep until that ice has been tested and declared safe by a worker authorized by the management to conduct that test.

           (18)  A vehicle referred to in subsection (17) must not exceed 20 kilometres per hour when on ice.

           (19)  Operators of vehicles on ice must travel with doors open and seat belts unfastened.

           (20)  Where practicable, standard seat‑belts shall be used on trucks, skidders, tractors and other similar vehicles.

104/79 s55; 73/83 s5; 140/86 s1

Felling, bucking

   184. (1) Before felling a tree, snags or dangerous stubs which interfere so as to create a hazard shall first be cleared away.

             (2)  A worker shall not work closer than 30.48 metres from another who is in the act of felling a tree unless he or she is assisting the feller.

             (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, all trees shall be under‑cut in the direction they are to be felled, sufficiently deep to prevent splitting.

             (5)  A worker shall not climb or work under a lodged tree.

             (6)  A worker shall not stand on a tree or log when branching it with an axe or power‑saw.

             (7)  Once the felling cut has been started on a tree the worker shall not leave the tree to carry on other work until felling has been completed.

104/79 s55; 73/83 s6; 140/86 s1

Power saws

   185. (1) Power saws or gasoline shall not be stored in or under buildings normally used for housing workers.

             (2)  When starting a power saw a worker shall place it on the surface on which he or she is standing and not against a part of his or her body.

             (3)  A container with a safe spout or a funnel shall be used for refuelling power saws.

             (4)  Containers used for storing or transporting gasoline products shall be of a type acceptable to the assistant deputy minister.

             (5)  Power saws must be removed at least 3.05 metres from where they have been refuelled before being started.

             (6)  Power saws must be properly adjusted so that the chain stops when the motor is idling.

             (7)  Power saws shall be held in both hands while being operated.

             (8)  Power saws purchased after the promulgation of these regulations shall be equipped with a chain brake approved by the assistant deputy minister.

             (9)  Power saws currently in use and not equipped with a chain brake must be so equipped within 2 years after the promulgation of these regulations.

           (10)  An axe shall not be used in place of a pulp hook for piling wood.

           (11)  Decayed trees, partially decayed trees or stubs shall not be used as block trees.

           (12)  Decayed trees, partially decayed trees or stubs which constitute a hazard at the yard or bucking and piling areas shall be felled before the site is used for that purpose.

           (13)  All choker cables, twitching chains or dogs shall be released and pulled away from the log or tree on the sawing bed before slashing, bucking or measuring is undertaken.

           (14)  Wire rope, ropes, chains, slings, hooks and fittings shall be inspected thoroughly at regular intervals and when found to have deteriorated to an extent as to make their continued safe use doubtful, they shall be discarded.

           (15)  The equipment shall be repaired only in accordance with the manufacturer's instructions and axes shall not be used for cutting wire rope.

           (16)  The skidder's winch shall not be operated except from the seat unless remote controls are used or the worker is letting out cable.

104/79 s55; 73/83 s6; 140/86 s1

Hauling

   186. (1) A worker shall not ride on logs, pulpwood or other material loaded on or drawn by motor vehicle while it is in transit and this shall not apply to brakemen on a sleigh haul who may ride at the rear of the last sleigh.

             (2)  Where woods' motor roads intersect or cross a highway or another woods' motor road which is in use, conspicuous stop signs shall be placed at all those intersections.

             (3)  All bridges or culverts over 1.22 metres high on woods' motor roads shall have curbs at least 25.40 centimetres above the road surface at all times.

             (4)  Markers shall be placed at the end of culverts and bridges when hidden by snow.

             (5)  Where a bridge on a woods' motor road is not visible from a distance of 91.44 metres, a warning sign shall be conspicuously placed.

             (6)  A truck or truck‑trailer combination that carries logs in a crosswise position shall have at least 4 steel stakes securely affixed to the carrying deck, 2 of these stakes shall be at the front of the deck and 2 shall be at the rear, each pair of stakes shall be at least 1.5 metres apart and each stake must have a minimum height of 2.1 metres as measured from the surface of the carrying deck.

             (7)  In addition to the requirements of subsection (6), on trailers that are more than 10.6 metres long, there shall be 2 centre steel stakes at or near the centre of the carrying deck and securely affixed to it with steel rings of sufficient size to allow chain or cable of 8 millimetres thickness to pass through,

             (8)  On trailers that are more than 10.6 metres long there shall be

             (a)  4 spring tension devices securely installed at or near the centre of the carrying deck near the centre steel stake locations and the spring tension devices shall have a minimum operating capacity of 771 kilograms;

             (b)  4 chains or cables affixed to the spring tension devices at the centre stake locations so that the load is divided into 2 separate bundles, all chains and cables must be of 8 millimetres thickness and the chains must be of a high tension steel; and

             (c)  4 ratchet worm style tighteners, 2 at the front of the carrying deck and 2 at the rear, each with a minimum operating capacity of 771 kilograms.

             (9)  A truck or truck‑trailer combination carrying logs in a crosswise position on the carrying deck, where the said deck is less than 10.6 metres long shall have

             (a)  2 chain or cables of 8 millimetres thickness, the chains being of high tensile steel;

             (b)  2 ratchet worm style tighteners affixed to one end of the trailer; and

             (c)  2 spring tension devices affixed to the other end of the trailer, the spring tension devices having a minimum operating capacity of 771 kilograms.

           (10)  On all truck or truck‑trailer combinations carrying logs 1.2 metres in length, angle irons shall be installed or affixed along the entire length of the deck side rail,

           (11)  On all trucks or truck‑trailer combinations engaged in the carrying of logs in a crosswise position, there shall be permanently installed or affixed on the trailer bulkhead a ladder to allow the operator a full view of the top of the load.

           (12)  On all trucks or truck‑trailer combinations engaged in the carrying of logs, whether crosswise or lengthwise, convex mirrors shall be installed or affixed to the exterior rear‑view mirrors.

           (13)  All pallet trucks shall be equipped with a locking device to prevent forward or backward movement of the pallet and wrappers shall be securely anchored to the rack or pallet when the truck is in motion.

           (14)  All landings used to dump wood into water shall

             (a)  have an upward incline of 0° to 5°;

             (b)  be equipped with a bump rail 30.48 centimetres by 30.48 centimetres or equivalent; and

             (c)  be periodically cleared of debris such as wood chips, bark or gravel.

           (15)  A worker, except those who are members of the slasher crew, shall not work within 30.48 metres of a slasher while the overhead loader is in operation.

           (16)  Slashers shall be equipped with a distinctive signal system clearly discernible between the loader operator and the slasher operator.

           (17)  Tree slasher operators shall shut off power to the saws if it becomes necessary for him or her to leave his or her cab and he or she shall not step on the jackladder or cross in front of the saws until they have come to a complete stop.

           (18)  Operators of bin‑type trucks shall not leave or enter the cab or the truck while the chute is loading wood and when outside the truck, they shall maintain a safe distance from the chute.

104/79 s55; 73/83 s6; 140/86 s1

Mobile yarding equipment

   187. (1) In this section, a "mobile yarder" means a portable device mounted on wheels, tracks or skids using a vertical or inclined spar or tower to move logs by winch and cables.

             (2)  Mobile yarders shall not be moved with the spar or tower in the vertical position.

             (3)  All mobile yarding equipment, including most yarding blocks and guy lines, shall be thoroughly inspected at frequent intervals and shall be maintained in accordance with the manufacturer's manuals.

             (4)  Stumps or trees shall not be used as an anchor for a line, or for fastening block, until its suitability has been determined.

             (5)  Guy lines passing over travelled roads shall be rigged at a sufficient height to clear all traffic.

             (6)  A worker shall not signal for the movement of equipment until he or she has ensured that workers are not endangered within the area for which he or she is responsible.

             (7)  A worker designated to direct the movement of equipment shall not be otherwise occupied while the equipment is in motion.

104/79 s55; 73/83 s6; 140/86 s1

Costs

   188. (1) The Workers' Compensation Commission shall, at the end of each calendar year, allocate 5% of its total assessment and investment income in each calender year to an administration reserve fund which shall be used to defray the cost of the occupational health and safety unit and the education and research unit of the Occupational Health and Safety Division.

             (2)  The Workers' Compensation Commission shall, out of the money allocated to the administration reserve fund and on a quarterly basis, with the first quarter commencing on April 1 in each year, remit to the Consolidated Revenue Fund on behalf of the occupational health and safety unit and the education and research unit of the Occupational Health and Safety Division an amount equal to the amount contained in a quarterly statement of the operating costs of these units provided by the division to the commission.

             (3)  Money remaining in the administration reserve fund after the Workers' Compensation Commission pays into the Consolidated Revenue Fund money necessary to meet the amount set out in the fourth quarterly statement provided by the Occupational Health and Safety Division to the commission, shall be retained in the general revenue fund of the commission.

             (4)  The Workers' Compensation Commission shall allocate a maximum of 2% of its total assessment and investment income in each calendar year to establish and maintain a special reserve fund of $5,000,000.

             (5)  The Occupational Health and Safety Division may draw upon the special reserve fund established under subsection (4) for funding of special studies, projects and research which have been approved by the Lieutenant‑Governor in Council.

             (6)  The money allocated to the special reserve fund established under subsection (4) shall be retained in the general reserve fund of the Workers' Compensation Commission until claims are made by the Occupational Health and Safety Division for allocation of money to cover costs incurred by special studies, research and projects approved in accordance with subsection (5).

73/86 s1

Repeal

   189. The Occupational Health and Safety Regulations, Newfoundland Regulation 104/79, are repealed.


Schedule

Designated Classes of Industry

Mining

        1. Mining iron ore, pyrophyllite and asbestos including surface work incidental thereto, mining copper, lead, fluorspar and zinc concentrate including surface work incidental thereto, cross cutting, drifting or shaft sinking in or for mines as a business.

Forest products

        2. Woods operation; logging, cutting and peeling of timber, pulpwood, firewood, Christmas trees, railway ties or sleepers; river driving; rafting, booming or the transportation of logs, timber, pulpwood, firewood, railway ties or sleepers; sawmills, shingle mills; lath mills; box, barrel and shook mills; rossing mills; excelsior manufacture, woodcutters; cooperage stock manufacturing with sawmills; hauling or loading on cars or vessels as a business or in an industry in this group; surveying of lines of timber lands in an industry in this group; pulp mills or pulp and paper mills.

Manufacturing

        3. Artificial limbs; wicker and rattan work; wooden articles; bed springs; building of boats not over 7.6 metres long; manufacture of canoes, coffins; cooperage, handwork, joiner or cabinet work (shop only); furniture manufacturing, including assembling; installation of pipe organs; mattress making; upholstering; manufacture and repair of organs and pianos; picture framing; manufacture of fibre board, planing and moulding mills, sash and door factories, including lumber yards and delivery in connection with same; creosting of railway ties, poles and other timber; brush and boom making; cordage manufacture; spring and axle manufacturing; manufacture of stoves, furnaces, hot water boilers, radiators, ornamental iron works, implements (metal) not otherwise specified; engine manufacturing; iron and steel foundries; machine shops; electric welding, boiler making; boiler and general metal repairs, including work outside of shop; repair shops, including repair of storage batteries; armature winding; vulcanizing; automobile assembling plant; sale and storage of automobiles; service stations, repairing and painting automobiles, wagons, carriages, sleighs, or vehicles; blacksmith shops connected therewith; blacksmith shops when separate industry; warehousing, distribution and servicing of road making and farm machinery and vehicles; manufacture of bolts, nuts, nails or screws and wire; steel shipbuilding and repairing; manufacturing of tinware, including cutting, shaping, pressing or stamping; manufacture of sheet metal, metal roofing, corrugated metal for building purposes; manufacture of oxygen and dissolved acetylene gas; bakeries, manufacture of biscuits, confectionery and chocolates, including delivery; canning and preparation of fruits, vegetables, foodstuffs (other than fish), including can manufacture connected therewith; recovery of waste oil, (except fish oils); packing houses, including abattoir; manufacturing of paint, colour, varnish, oils, japans, turpentine; manufacture of non‑hazardous chemicals, dyes, medicines, drugs, extracts, pharmaceutical toilet preparations, perfumes and other toilet preparations; baking powder and yeast, manufacture of chemicals not otherwise specified; manufacture of soap and glue; manufacture of tar, tarred, pitched or asphalted papers, distilling coal tar and refining products obtained therefrom, manufacture of gasoline and other petroleum products; manufacture of beverages of all kinds, also vinegar and the like including warehousing and delivery even though the warehousing and delivery is carried on as a separate business as an outlet for one or more manufacturing businesses; manufacture of dairy products, cheese, milk or cream pasteurization, including delivery; manufacture of tobacco, cigars, cigarettes, or tobacco products; spices or condiments; tea or coffee blending; service and repairs of radio and television sets; manufacture of asphalt material, or paving material not otherwise classified; manufacture of boots and shoes, leather goods or products, belting, saddlery, harness, trunks, valises, rubber goods and repairs; manufacture of clothing, including whitewear, blankets, underwear, hosiery, shorts, collars, corsets, hats, fur robes, fur coats or other special articles not otherwise specified; oil clothing; sail making, awnings, tents; power laundries, dyeing; cleaning or bleaching; hand laundries; tanneries, preparation of hides; manufacture of extracts from bark; printing, engraving, lithographing, embossing; bookbinding, newspaper publishing, manufacture of or plating gold or silverware, including watchmaking and repairs; lens manufacturing; manufacture of boxes (cardboard and paper); crushing and burning of limestone; manufacture of brick, tile, sewer pipe, concrete blocks; stone dressing; marble works or monument business; manufacture of cement and stucco; manufacture of gypsum and its by‑products; manufacture of veneer and plywood; general repairing and overhauling of ships or vessels exclusive of dry dock operations.

Construction

        4. Structural steel erection, buildings, window cleaning as a business; brick laying, mason work or stone cutting not otherwise specified; building, general construction, concrete or cement work in or connected with building; excavating for or connected with buildings, plastering; structural carpentry not otherwise specified; roofing, sheet metal work; siding, ceiling or the like; building construction (concrete); demolition or house moving; bill posting and erection of bill boards; laying hardwood floors when separate work; lathing; tile and marble setting; glazing or installation of plate or leaded glass; decorating or renovating; painting; electric wiring of buildings, installation of lighting fixtures; gas or steamfitting or plumbing; shipbuilding (wood); rigging; installation, erection or repairs of blast furnaces, fire escapes, lightning rods, high chimneys, stacks elevated water tanks, stand pipes or water towers, elevated tanks, flagstaffs, steeples and towers; erection of steel tanks for storage purposes; chimney cleaning as a business; bridge construction, concrete arch or culvert, including approach, fills and all work incidental thereto; bridge construction not otherwise classified; concrete work or cement work not otherwise classified; construction, installation, maintenance or operation of electric power lines or appliances; electric light systems‑power plants; gas works including natural gas and steam heating plants; provincial, municipal, or civic roads and streets, (making and repairing exclusive of bridge construction), scavenging, street cleaning; snow or ice removal; culverts; construction not otherwise classified; sewer and water works construction; shaft sinking or well digging; laying of mains and house connections; trenching less than 1.8 metres for gas pipes, water pipes or wire conduits; wood stave pipe insulation; maintenance and operation of water works and sewer systems; construction of dry docks, piers, wharves, breakwaters or other harbour improvements, including dredging, subaqueous construction or pile driving; tunnelling rock work or blasting; railway construction; bridge construction (steel); operation of dry docks, piers and wharves, including repair work on vessels, machine shops, fabrication of steel marine railways; dam construction (concrete, wood or earth) and all work connected with same, including excavating, blasting and preliminary surveys; painting steel or wooden bridges and high structures; junk yards; handling of scrap metal; quarrying stone; sand, shale, clay or gravel pits; diamond drilling as a business including the sinking of artesian wells; drilling for, and the operation of, gas or oil wells; geological surveying when carried on as a business; harvesting, drying and baling of kelp and kindred grasses; installation and handling of machinery including boilers, engines, elevators, digesters, iron stairs or ornamental iron work on buildings; refrigerating machinery and repairs; landscaping as a business; land surveying as a business; farming, including poultry farming, livestock farming, dairy farming and fur farming; municipal corporations; hot air heating.

Transportation

        5. Distribution and handling of petroleum products when carried out by the manufacturer, including storage; teaming of all kinds, including delivery and transportation by automobiles; stevedoring; freight handlers, checkers, ferries, steam boats, tug boats, steam lighters, water boats in harbour and inland waters only; marine wreckage and salvage; operation of railways, including ordinary maintenance roadbed and all work connected with railway operation and maintenance; cutting and storing of natural ice, including handling and delivery; general coal and salt as a business and not related to or integrated with a salt cod industry; boats, ships, ferries or other vessels, owned, managed or controlled in Newfoundland engaged in carrying freight or passengers between ports in the province or between ports in the province and other Canadian or U.S. ports; conveying passengers by automobile, taxi cab business; all work incidental to the coal and salt business including stevedoring and harbour work; servicing, assembling and repairing of aircraft including all passenger and cargo servicing and office personnel in and around airports, when operated as an industry itself and not incidental to an aerial transportation operation or industry; the jobbing of wholesale foodstuffs and sundry other items when performed by trucks subject to highway traffic hazard; operation of airlines by application only; carting and trucking.

Sale and service

        6. Commercial buildings or apartment buildings where rooms or suites or space is rented to a tenant; extermination and fumigating service; hospitals; hotels and lodging houses with 10 or more bedrooms; theatres; moving picture houses, film exchanges; golf links; janitors; caretakers; radio broadcasting stations; ice rinks; bowling alleys; beer parlours; restaurants; beauty parlours; barber shops, wholesale and retail stores and deliveries incidental thereto; wholesale distribution of newsprint and periodicals; mail order stores, commercial lumber yards; general warehousing and cold storage warehousing; cold storage plants; telegraph and telephone companies' operations, maintenance, extension of lines and making service connections; horticultural nurseries and greenhouses; operations carried on by civil engineers or consulting engineers, including the planning and checking of specifications of work performed under another industry within the scope of the Act but not including the actual performance of the work; office work as a business.

The fishing industry

        7. Fishing and all work incidental thereto; whaling; sealing; the processing of fish products including fish oils; all work incidental to fresh fish, processing, including the preparation for market of live lobsters; the canning and bottling of fish products, including fish oils and including the smoking and kippering of herring and salmon; the processing and packing of the products of the herring fishery including the curing, pickling, packing of herring; dehydration plants; herring meal plants; warehouse and wharf work incidental to the herring industry; the manufacture and packing of marine products not elsewhere specified; the business of general merchants which includes the supplying of the salt codfish industry; the handling, packing, warehousing and preparing of salt codfish for market, including all wharf and shed work incidental thereto on the premises of a firm so engaged; wholesale and retail business when carried on incidental to the main business of fish merchants.

104/79 Sch

(Includes correction of Jun. 6/97, p. 761 and Jul. 21/00, p.235)