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NEWFOUNDLAND AND LABRADOR
REGULATION 5/12

Occupational Health and Safety Regulations, 2012
under the
Occupational Health and Safety Act
(O.C. 2012-005)

(Filed January 17, 2012)

Under the authority of section 65 of the Occupational Health and Safety Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s , January 17, 2012.

Robert Thompson
Clerk of the Executive Council

REGULATIONS

Analysis


       
1.   Short title

              PART I
GENERAL

       
2.   Interpretation

       
3.   Application

       
4.   Responsibility of division

       
5.   Right to refuse work

       
6.   Stop work orders

       
7.   Appeal

              PART II
NOTICE REQUIREMENTS

       
8.   New project

       
9.   Notifiable occupational diseases

     
10.   Serious injury

     
11.   Notification to utilities

              PART III
GENERAL DUTIES

     
12.   Occupational health and safety program

     
13.   Occupational health and safety policy

     
14.   General duties of employers

     
15.   Working alone

     
16.   Safe working load of equipment

     
17.   General duties of workers

     
18.   Safety inspections

     
19.   Co-ordination of work

     
20.   Two or more employers

     
21.   Appointment of qualified co-ordinator

     
22.   Violence prevention

     
23.   Procedures and policies

     
24.   Instruction to workers

              PART IV
OCCUPATIONAL HEALTH AND SAFETY COMMITTEES, REPRESENTATIVES AND DESIGNATES

     
25.   Operations of committees, representatives and designates

              PART V
GENERAL HEALTH AND SAFETY REQUIREMENTS

     
26.   Personal conduct

     
27.   Travel over and work on ice

     
28.   Guardrails

     
29.   Roof work

     
30.   Openings, pits and tanks

     
31.   Material storage

     
32.   Signage

     
33.   Overcrowding

     
34.   Slipping hazards

     
35.   Barriers

     
36.   Illumination

     
37.   Compressed air

     
38.   Emergency plan risk assessment

     
39.   Emergency procedures

     
40.   Emergency lighting

     
41.   Emergency training

              PART VI
OCCUPATIONAL HEALTH REQUIREMENTS

     
42.   Hazardous substances

     
43.   Health surveillance

     
44.   Thermal environment

     
45.   Ventilation

     
46.   Silica regulation

     
47.   Silica medical surveillance

     
48.   Asbestos

     
49.   Lead exposure control plan

     
50.   Musculoskeletal injury prevention

     
51.   MSI: risk control

     
52.   MSI: education and training

     
53.   MSI: evaluation

     
54.   MSI: consultation

     
55.   Seating or standing work

     
56.   Lifting and handling

     
57.   Permitted quantities

     
58.   Incompatible substances

     
59.   Storage of hazardous substances

     
60.   Dispensing

     
61.   Toilet facilities

     
62.   Washing facilities

     
63.   Emergency washing facilities

     
64.   Work clothing and accommodations

     
65.   Eating areas

     
66.   Supply of drinking water

     
67.   Sanitary and orderly conditions

     
68.   Noise hazards

     
69.   Painting, coating and working with plastics/resins

              PART VII
PERSONAL PROTECTIVE EQUIPMENT

     
70.   Definitions

     
71.   Selection, use and maintenance

     
72.   Instruction

     
73.   Personal clothing and accessories

     
74.   General requirements of safety headgear

     
75.   Eye and face protection

     
76.   Prescription safety eyewear

     
77.   Contact lenses

     
78.   General requirements of limb and body protection

     
79.   Leg protection

     
80.   Foot protection

     
81.   High visibility apparel

     
82.   Flame resistant clothing

     
83.   Respiratory protection program

     
84.   Respiratory protection

     
85.   Respiratory protection equipment

     
86.   Inspection and maintenance of respiratory protection equipment

              PART VIII
MACHINERY AND EQUIPMENT

     
87.   Definitions

     
88.   Safe machinery and equipment

     
89.   General requirements

     
90.   Standards

     
91.   Guards

     
92.   Identifying unsafe equipment

     
93.   Operating controls

     
94.   Machinery location

     
95.   Marking of hazards

     
96.   Piping systems

     
97.   Restraining devices

     
98.   Rotating hazards

     
99.   Flywheels and pulleys

   
100.   Conveyor standards

   
101.   Power presses, brake presses and shears

   
102.   Exception for custom work

   
103.   Cutting and cooling material containment

   
104.   Standards for abrasive equipment

   
105.   Powder actuated tools standards

   
106.   Powder actuated tool use

   
107.   Limitations on use of powder actuated tools

   
108.   Chippers

   
109.   Chain saws

   
110.   Automotive lifts and vehicle supports

   
111.   Pneumatic nailing and stapling tools

   
112.   Drilling equipment - general requirements

   
113.   Drilling equipment use

   
114.   Drilling procedures

   
115.   Rod handling

   
116.   Self-propelled drills

   
117.   Cleaning drilled holes

   
118.   Abrasive blasting and high pressure washing definitions

   
119.   Risk assessment

   
120.   Work procedures outside a cabinet

   
121.   Substitution of abrasive blasting materials

   
122.   Cleanup

   
123.   Engineering controls

   
124.   Exhaust ventilation

   
125.   Restricted work zones

   
126.   Operating procedures

              PART IX
DE-ENERGIZATION AND LOCKOUT

   
127.   Definitions

   
128.   General requirement

   
129.   When lockout required

   
130.   Lockout procedures

   
131.   Checking locked out equipment

   
132.   Worker responsibilities

   
133.   Removal of locks

   
134.   Group lockout procedure

   
135.   Alternative procedures

   
136.   Where locks not required

   
137.   Work on energized equipment

              PART X
FALL PROTECTION

   
138.   Definitions

   
139.   Training requirement

   
140.   Fall protection systems

   
141.   General requirements

   
142.   Fall arrest system

   
143.   Nets

   
144.   Debris nets

   
145.   Travel restraint

   
146.   Temporary flooring

              PART XI
SCAFFOLDS, STAGES AND WORK PLATFORMS

   
147.   Definition

   
148.   Portable ladder standards

   
149.   Job built ladders

   
150.   Protective coatings

   
151.   Inspection

   
152.   Inclination and support

   
153.   Length

   
154.   Restrictions on use

   
155.   Fixed ladders

   
156.   Special purpose ladders

   
157.   Definitions

   
158.   Responsibilities

   
159.   Standards

   
160.   Scaffold stability

   
161.   Guardrails and toeboards

   
162.   Grounding

   
163.   Lumber planks

   
164.   Manufactured planks

   
165.   Securing planks

   
166.   Access to scaffolds

   
167.   Vertical ladders

   
168.   Erection and dismantling.

   
169.   Spacing of components

   
170.   Bracing of uprights

   
171.   Cross bracing

   
172.   Wood scaffolds

   
173.   Extension of uprights

   
174.   Laminated uprights

   
175.   Bearer supports

   
176.   Pumpjack scaffold

   
177.   Definitions

   
178.   Manufacturers specifications

   
179.   Compatibility

   
180.   Engineering requirements

   
181.   Adjustable height bases

   
182.   Spacing

   
183.   Couplings

   
184.   Height restriction

   
185.   Outriggers

   
186.   Wheels

   
187.   Moving restrictions

   
188.   Surface conditions

   
189.   Components of tube and coupler scaffold

   
190.   Cross bracing

   
191.   Work platforms supported by a crane or hoist

   
192.   Crane capacity

   
193.   Eccentric loading

   
194.   Rigging

   
195.   Two block prevention

   
196.   Powered booms and winches

   
197.   Fall protection - suspended work platforms

   
198.   Articulating booms prohibited

   
199.   Travelling restriction

   
200.   Communications

   
201.   Definitions -elevating work platforms

   
202.   Standards

   
203.   Operating and maintenance manuals

   
204.   Inspection and maintenance records

   
205.   Shift inspection

   
206.   Annual inspection and certification

   
207.   Fall protection - elevating work platform

   
208.   Safe access

   
209.   Rated capacity

   
210.   Outriggers

   
211.   Controls

   
212.   Immobilization of vehicles

   
213.   Shear hazard

   
214.   Warning devices

   
215.   Transporting workers

   
216.   Lift truck platform

   
217.   Fall protection - lift truck

   
218.   Swing stages - definitions

   
219.   Rated load

   
220.   Weight identification

   
221.   Prior permission

   
222.   Attachment points

   
223.   Securing suspension lines

   
224.   Hook and clamp working load limit

   
225.   Hook and clamp engagement

   
226.   Tiebacks

   
227.   Thrust-out beams

   
228.   Counterbalance of thrust-out beams

   
229.   Hook closures

   
230.   Protection against damage

   
231.   Fibre rope suspension

   
232.   Wire rope suspension

   
233.   Length of suspension ropes

   
234.   Hoisting devices

   
235.   Hangers or stirrups

   
236.   Platform width

   
237.   Safety factor

   
238.   Rated load

   
239.   Guardrails

   
240.   Toeboards and netting

   
241.   Equipment inspection

   
242.   Fall protection - swing stage

   
243.   Boatswain's chairs

   
244.   Definitions

   
245.   Permanent powered platforms

   
246.   Portable powered platforms

   
247.   Fall protection - powered platform

   
248.   Maintenance and operating records

   
249.   Window cleaning

              PART XII
POWERED MOBILE EQUIPMENT

   
250.   Definitions

   
251.   Operation and maintenance

   
252.   Competency and testing operators

   
253.   Operator's responsibility

   
254.   Supervisor's responsibility

   
255.   Warning signal device

   
256.   Lights

   
257.   Rear view mirrors

   
258.   Load handling attachments

   
259.   Load ratings

   
260.   Operative protective structures

   
261.   Rollover protective structures

   
262.   Rollover protective structure standards

   
263.   Rollover protective structure certification

   
264.   Rollover protective structure identification

   
265.   Effect of rollover protective structure on visibility

   
266.   Seating and standard requirements

   
267.   Start of shift inspection

   
268.   Securing tools and equipment

   
269.   Unattended equipment

   
270.   Securing elevated loads

   
271.   Swinging equipment

   
272.   Obstructed view

   
273.   Guy lines

   
274.   Pedestrian and equipment traffic

   
275.   Securing loads

   
276.   Restraint for cylindrical objects

   
277.   Lift truck loads

   
278.   Tire installation

   
279.   Equipment and procedures

              PART XIII
TRANSPORTATION OF WORKERS

   
280.   Application

   
281.   Seat belts

   
282.   Securing equipment

   
283.   Hazardous materials

   
284.   Passenger compartments

   
285.   Boarding and leaving

   
286.   Seating design

              PART XIV
CRANES, HOISTS AND OTHER LIFTING EQUIPMENT

   
287.   Definitions

   
288.   Cranes, derricks and hoists

   
289.   Identification

   
290.   Rated capacity

   
291.   Rated capacity indication

   
292.   Boom angle indicator

   
293.   Boom extension and load radius indicators

   
294.   Support structure

   
295.   Manual

   
296.   Inspection and maintenance

   
297.   Inspection and maintenance records

   
298.   Certification

   
299.   Audible warning

   
300.   Molten metal

   
301.   Two-block protection

   
302.   Sheave guards

   
303.   Ungrounded supply

   
304.   Controls

   
305.   Operator protection

   
306.   Cab windows

   
307.   Storage

   
308.   Fire extinguisher

   
309.   Operator qualifications

   
310.   Shift inspection

   
311.   Load weight

   
312.   Calibration

   
313.   Unsafe lift

   
314.   Swing hazards

   
315.   Position of equipment

   
316.   Multiple crane lift

   
317.   Travelling with a load

   
318.   Loads over work areas

   
319.   Unattended loads

   
320.   Hook position

   
321.   Signals

   
322.   Alternative to hand signals

   
323.   Dedicated radio system

   
324.   Unhooking loads

   
325.   Riding hook or load

   
326.   Induced voltage

   
327.   Uptravel limit

   
328.   Electrical conductors

   
329.   Power shutoff

   
330.   Direction markings

   
331.   Manually powered hoists

   
332.   Cranes on floating supports

   
333.   Level turntable

   
334.   Outriggers

   
335.   Tires

   
336.   Supporting surface

   
337.   Travelling with a load

   
338.   Boom inspection

   
339.   Tower cranes

   
340.   Verification before use

   
341.   Identification

   
342.   Structural inspection

   
343.   Structures kept clean

   
344.   Communication

   
345.   Wind limitations

              PART XV
RIGGING

   
346.   Definitions

   
347.   Qualified riggers

   
348.   Use of rigging

   
349.   Component identification

   
350.   Design factors

   
351.   Natural fibre rope

   
352.   Wedge socket connections

   
353.   Open hook restriction

   
354.   Securing pins

   
355.   Replacing pins

   
356.   Securing ropes to drums

   
357.   Wraps required

   
358.   Sheaves

   
359.   Guylines

   
360.   Spooling tape

   
361.   Termination efficiencies

   
362.   Wire rope clips

   
363.   Restriction on foldback eyes

   
364.   Slings standards

   
365.   Inspection before use

   
366.   Storage

   
367.   Knots

   
368.   Sharp edges

   
369.   Slinging loads

   
370.   Multiple piece lifts

   
371.   Below-the-hook lifting devices

   
372.   Part of lifted load

              PART XVI
TRAFFIC CONTROL

   
373.   Traffic control

   
374.   Traffic control person

   
375.   Traffic control signals

              PART XVII
CONSTRUCTION, EXCAVATION AND DEMOLITION

   
376.   Definitions

   
377.   Temporary floors

   
378.   Protection from falling materials

   
379.   Chutes

   
380.   Chutes and hoists

   
381.   Glass panels

   
382.   Temporary support

   
383.   Supervision

   
384.   Concrete placing hazards

   
385.   Inspections

   
386.   Pre-use inspections

   
387.   Controls

   
388.   Emergency shutoff

   
389.   Agitator guarding

   
390.   Concrete pump lines

   
391.   Equipment inspection

   
392.   Repair certification

   
393.   Restriction on use

   
394.   Operator's duties

   
395.   Hopper signal device

   
396.   Underground utilities

   
397.   Structural integrity

   
398.   Hazardous materials

   
399.   Disconnecting services

   
400.   Glass removal

   
401.   Stabilizing walls

   
402.   Dismantling buildings

   
403.   Stairways

              PART XVIII
EXCAVATION, UNDERGROUND WORK AND ROCK CRUSHING

   
404.   Definition

   
405.   Entrapment danger

   
406.   Pre-excavation requirements

   
407.   Excavation or access

   
408.   Removal of material

   
409.   Faces and slopes

   
410.   Excavation safety

   
411.   Underground workings

   
412.   Internal combustion engines

   
413.   Air quality

   
414.   Rock crushing control measures

   
415.   Diesel engines underground

   
416.   Falling ground

              PART XIX
GENERAL BLASTING

   
417.   Definitions

   
418.   Employer's responsibility

   
419.   Role of certified blaster

   
420.   Security and report requirements

   
421.   Examination

   
422.   Records

   
423.   Suspension or seizure of certificate

   
424.   Custody of certificates

   
425.   Day box or magazine

   
426.   Prohibitions

   
427.   Storage and handling

   
428.   Transportation

   
429.   Drilling

   
430.   Handling in special circumstances

   
431.   Preparing the blast loading

   
432.   Safety fuse

   
433.   Loaded holes

   
434.   Restrictions

   
435.   Electrical initiation

   
436.   Pre-firing

   
437.   Protection

   
438.   Firing

   
439.   Post-firing

   
440.   Unique blasting operation

   
441.   Seismic blasting

   
442.   Misfire

              PART XX
FIRE PREVENTION AND CONTROL

   
443.   Fire protection

   
444.   Fire and explosion

   
445.   Trucks loading and unloading

   
446.   Combustible substances

   
447.   Combustible gas propellants

   
448.   Hot work

              PART XXI
WELDING, BURNING AND CUTTING OPERATIONS

   
449.   Gas welding and burning

   
450.   Compressed gas cylinders

   
451.   Oxygen

   
452.   Radiation protection

   
453.   Burning and welding

   
454.   Ventilation

   
455.   Coatings on metals

   
456.   Receptacles for stubs

   
457.   Respiratory protection

              PART XXII
ACCESS AND EGRESS

   
458.   Access, egress and movement

   
459.   Exits and doors

   
460.   Stairs

              PART XXIII
DIVING AND OTHER MARINE OPERATIONS

   
461.   Definitions

   
462.   Wharves, platforms, etc.

   
463.   Ladders and gang planks

   
464.   Lifesaving equipment

   
465.   Floating work platforms

   
466.   Personal flotation devices

   
467.   Occupational diving operations

   
468.   Instruction

   
469.   Slipping and tripping hazards

   
470.   Galley requirements

              PART XXIV
WOODWORKING AND WOOD PRODUCTS MANUFACTURING

   
471.   Circular saws

   
472.   Operator protection

   
473.   Cutting heads

              PART XXV
FORESTRY OPERATIONS

   
474.   Felling

   
475.   Brush saws

   
476.   Hauling

              PART XXVI
ELECTRICAL OPERATIONS

   
477.   Definitions

   
478.   Electrical requirements

   
479.   Poles and structures

   
480.   Service rooms

   
481.   Space around equipment

   
482.   Testing equipment

   
483.   Powerline hazards training

   
484.   Low voltage electrical equipment - disconnection and lockout

   
485.   Low voltage electrical equipment

   
486.   Working close to low voltage energized equipment

   
487.   Low voltage electrical equipment - controls

   
488.   Grounding portable low voltage electrical equipment

   
489.   Low voltage electrical equipment - ground fault interrupters

   
490.   Isolation and lockout

   
491.   Warning signs

   
492.   De-energized high voltage systems - isolation and lockout

   
493.   Person in charge

   
494.   Switching sequences

   
495.   Isolating devices

   
496.   Grounding and blocking

   
497.   Multiple authorities

   
498.   Minimum clearance - high voltage equipment and conductors

   
499.   Assurance in writing

   
500.   Assurance not practicable

   
501.   Emergency work

   
502.   Authorization by owner

   
503.   Tree pruning etc. - preliminary inspection

   
504.   Tree pruning etc. in hazardous area

   
505.   Qualifications

   
506.   Control systems - general requirements

   
507.   Programmable control systems

   
508.   Automatic control systems

   
509.   Remote control systems

   
510.   Wireless remote control

              PART XXVII
CONFINED SPACE ENTRY

   
511.   Confined space entry

   
512.   Corrective precautions

   
513.   Work procedures

   
514.   Entry into confined space

   
515.   Explosives or flammable atmosphere

   
516.   Rescue from confined space

              PART XXVIII
GENERAL MINING REQUIREMENTS

   
517.   Definitions

   
518.   Application

   
519.   Mine design

   
520.   Scaling procedures

   
521.   Procedure where flow of gas

   
522.   Examination of mine

   
523.   Unventilated or unsafe mine area

   
524.   Ground control procedures

   
525.   Ground control log book

   
526.   Ground control

   
527.   Rock bolts

   
528.   Water accumulation in mine workings

   
529.   Conveyor belts

   
530.   Emergency stops, warning device and guarding

   
531.   Conveyors general requirements

   
532.   Conveyor systems

   
533.   Motor vehicle braking systems

   
534.   Braking requirements

   
535.   Warning to traffic

   
536.   Wheel chocks

   
537.   Overload

              PART XXIX
UNDERGROUND OPERATIONS

   
538.   Definitions

   
539.   Application

   
540.   Mining method

   
541.   Mine rescue emergency procedure

   
542.   Tests and reports of emergency warning system

   
543.   Tallying

   
544.   Ambient air quality monitoring program

   
545.   Record of result of ambient air quality monitoring program

   
546.   Calibrating monitors and meters

   
547.   Voice communication

   
548.   Old or abandoned workings

   
549.   Underground illumination

   
550.   Cap lamps

   
551.   Shaft pillar

   
552.   Boundary pillar

   
553.   Procedure when handling material

   
554.   Steeply inclined raises

   
555.   Raise climbers

   
556.   Use of raise climbers

   
557.   Overspeed safety device

   
558.   Electrically powered raise climber

   
559.   Electrical supply to raise climber

   
560.   Presence on sub-level prohibited

   
561.   Precautions for chutes

   
562.   Mucking

   
563.   Entry prohibited

   
564.   Plotting of diamond drill holes

   
565.   Escape exits from underground

   
566.   Refuge station

   
567.   Building near headframes, shaft house or portal house

   
568.   Air supply for hoist operator

   
569.   Fire doors

   
570.   Boilers, engines and compressors

   
571.   Reciprocating type air compressors

   
572.   Noncombustible material to be used

   
573.   Fire suppression system

   
574.   Storage of flammable material

   
575.   Fueling vehicles underground

   
576.   Fuel transfer or delivery systems

   
577.   Fuels on surface

   
578.   Prohibition of transfer of fuel by air

   
579.   Combustible refuse

   
580.   Process producing flammable mixture

   
581.   Hot work in mines

   
582.   Mine ventilation and auxiliary ventilation systems

   
583.   Fire protection for ventilating systems

   
584.   Fans

   
585.   Booster fan

   
586.   Auxiliary fans

   
587.   Brattice or vent tubes

   
588.   Operating procedure for booster and auxiliary fans

   
589.   Stopping fan

   
590.   Ventilation monitoring

   
591.   Propane installations

   
592.   Internal combustion engines underground

   
593.   Replacement engines

   
594.   Operating vehicles

   
595.   Underground locomotives

   
596.   Remote controlled equipment

   
597.   Clearances for rail haulage

   
598.   Clearances for mobile equipment

   
599.   Safety stations

   
600.   Operation of vehicles on ramps

   
601.   Boreholes in advance of working face

   
602.   Dams and bulkheads

   
603.   Placement of fill material in mine workings

              PART XXX
SHAFTS, HOISTS AND CONVEYANCES

   
604.   Application

   
605.   Safety standard

   
606.   Record books

   
607.   Shaft installations

   
608.   Shaft inspection

   
609.   Protection of workers

   
610.   Staging or equipment suspended in shaft

   
611.   Use of buckets

   
612.   Regular examination of safety catches

   
613.   Chairing devices

   
614.   Hoisting persons

   
615.   Shaft conveyances

   
616.   Content of certificate

   
617.   Shaft conveyance without cagetender

   
618.   Operation of conveyance

   
619.   Riding in bucket

   
620.   Prohibition of certain sinking buckets

   
621.   Load in sinking bucket

   
622.   Work at different elevations

   
623.   Shaft mucking machine

   
624.   Application

   
625.   Test specimen

   
626.   Examination of mechanical parts

   
627.   Defects

   
628.   Machinery record book

              PART XXXI
EXPLOSIVES IN MINES

   
629.   Definitions

   
630.   Application

   
631.   Blasting in mines

   
632.   Storage of explosives in mines

   
633.   Transporting explosives

   
634.   Magazine locked

   
635.   Maintenance of magazines

   
636.   Grounding

   
637.   Permit

   
638.   Log book

   
639.   Explosives used underground

   
640.   Manufacturing explosives

   
641.   Cutting or piercing

   
642.   Cartridge explosives

   
643.   Tools

   
644.   Unwinding detonator leg wires

   
645.   Sequential firing

   
646.   Detonator leg wires

   
647.   Wiring of magazines for explosives and detonators

   
648.   Bulk explosives vehicle

   
649.   Electric blasting

   
650.   Electrical blasting devices

   
651.   Procedures for hazardous dust explosions

              PART XXXII
OPEN CUT WORKINGS IN MINING OPERATIONS

   
652.   Definitions

   
653.   Application

   
654.   Protection of workings, pits and quarries

   
655.   Protective curbs or berms

   
656.   Heights of faces and benches

   
657.   Face of open pit or quarry

   
658.   Lifelines

   
659.   Undercutting of face

   
660.   Working of unconsolidated material

   
661.   Dumping from vehicle

   
662.   Ramps

   
663.   Rotary drilling

   
664.   Parking of vehicles

   
665.   Operation of equipment

   
666.   Light vehicle equipment

   
667.   Lighting

   
668.   Clearance lights

   
669.   Mine road design

   
670.   Bench and berm widths - quarries and open pits

   
671.   Water control

   
672.   Stockpiles

   
673.   Waste dumps

   
674.   Reverse when dumping

   
675.   Dump raised

              PART XXXIII
USE OF ELECTRICITY IN MINES

   
676.   Definitions

   
677.   Application

   
678.   Codes and standards

   
679.   Notices and information

   
680.   Fire extinguishing devices

   
681.   Restrictions for hazardous locations

   
682.   Electrical equipment rooms

   
683.   Transformers

   
684.   Switchgear

   
685.   Trailing and cable repair

   
686.   Protection of trailing cables

   
687.   Electrical trailing cable reels

   
688.   Trailing cable connectors

   
689.   Quick connect cable couplers

   
690.   Electrical protection and control devices

   
691.   Protection of underground cables

   
692.   Out of service wiring

   
693.   Supply systems for mobile electrical equipment

   
694.   Shaft sinking equipment

   
695.   Lightning protection

   
696.   Radio controlled equipment

   
697.   Underground electrical protection

   
698.   Grounding

   
699.   Unprotected electrical cable

              PART XXXIV
REPEAL AND COMMENCEMENT

   
700.   CNLR 1145/96 Rep.

   
701.   NLR 70/09 Rep.

   
702.   Commencement


Schedule


Short title

        1. These regulations may be cited as the Occupational Health and Safety Regulations, 2012 .

PART I
GENERAL

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Interpretation

        2. (1) In these regulations

             (a)  "accident" includes

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

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

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

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

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

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

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

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

             (h)  "competent" means a person who is

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

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

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

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

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

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

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

             (n)  "injury" means

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

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

                    (iii)  disablement,

                    (iv)  occupational disease, or

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

             (o)  "ISO" means the International Organization for Standardization;

             (p)  "mine" means mine as defined in the Mining Act ;

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

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

             (s)  "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;

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

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

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

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

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

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

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

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

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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 the regulations indicates otherwise.

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Responsibility of division

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

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Right to refuse work

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

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

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

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Stop work orders

        6. (1) Stop work orders shall

             (a)  be posted in the workplace; and

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

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

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

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Appeal

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

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

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

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

             (2)  The board shall

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

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

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

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

PART II
NOTICE REQUIREMENTS

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New project

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

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

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

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Notifiable occupational diseases

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

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

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

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Serious injury

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

             (a)  places life in jeopardy;

             (b)  produces unconsciousness;

             (c)  results in substantial loss of blood;

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

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

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

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

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

             (a)  the nature of the accident;

             (b)  the time and placed of the accident;

             (c)  the name and address of the worker injured in the accident; and

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

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

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

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

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

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

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

the medical report of the commission may be accepted.

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Notification to utilities

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

PART III
GENERAL DUTIES

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Occupational health and safety program

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

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

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

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

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

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

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

                      (i)  maintenance of membership records,

                     (ii)  procedural rules,

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

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

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

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

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

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

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

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

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

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

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

              (j)  an emergency response plan;

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

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

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

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

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

                      (i)  at least every 3 years,

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

                    (iii)  where an officer requests a review.

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Occupational health and safety policy

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

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

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

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

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General duties of employers

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

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

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

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

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Working alone

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

             (a)  in case of an emergency; or

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

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

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

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

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

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

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

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

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

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

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Safe working load of equipment

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

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

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

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

             (c)  wear, corrosion, damage or signs of fatigue are found which may reduce the safe working load;

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

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

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General duties of workers

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

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

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

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

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

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Safety inspections

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

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

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

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Co-ordination of work

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

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

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

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

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Two or more employers

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

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

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

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Appointment of qualified co-ordinator

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

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

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

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Violence prevention

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

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

             (3)  The risk assessment shall include the consideration of

             (a)  previous experience in the workplace;

             (b)  occupational experience in similar workplaces; and

             (c)  the location and circumstances in which work may take place.

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Procedures and policies

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

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

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

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Instruction to workers

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

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

PART IV
OCCUPATIONAL HEALTH AND SAFETY COMMITTEES, REPRESENTATIVES AND DESIGNATES

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Operations of committees, representatives and designates

      25. (1) An employer shall ensure that

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

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

             (c)  a workplace health and safety designate is designated; and

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

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

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

             (4)  An occupational health and safety committee shall

             (a)  meet within 2 weeks of its establishment;

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

             (c)  notify the commission of the elected co-chairs.

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

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

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

             (8)  A representative of the employer and

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

             (b)  the worker health and safety representative; or

             (c)  the workplace health and safety designate, except where the workplace health and safety designate is the employer,

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

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

             (a)  the occupational health and safety committee;

             (b)  the worker health and safety representative; or

             (c)  the workplace health and safety designate.

PART V
GENERAL HEALTH AND SAFETY REQUIREMENTS

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Personal conduct

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

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

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

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

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Travel over and work on ice

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

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

             (a)  before work begins; and

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

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Guardrails

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

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

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

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

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

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

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Roof work

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

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

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

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

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

             (c)  a fall arrest system in accordance with paragraph 141 (d)

shall be implemented.

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

             (a)  roof brackets,

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

             (c)  a fall arrest system in accordance with paragraph 141 (d).

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

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

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

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Openings, pits and tanks

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

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

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

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

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Material storage

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

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

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

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

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

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

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

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

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Signage

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

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Overcrowding

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

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Slipping hazards

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

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

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

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Barriers

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

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Illumination

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

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

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

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

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

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

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Compressed air

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

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Emergency plan risk assessment

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

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

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

             (a)  work at high angles;

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

             (c)  work with hazardous substances;

             (d)  underground work;

             (e)  work in close proximity to power lines;

              (f)  work on or over water; and

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

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

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Emergency procedures

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

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

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

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Emergency lighting

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

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

             (a)  emergency shutdown procedures, and

             (b)  evacuation of workers from the premises.

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Emergency training

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

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

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

PART VI
OCCUPATIONAL HEALTH REQUIREMENTS

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Hazardous substances

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

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

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

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

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

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

             (7)  An employer shall ensure that

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Health surveillance

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Thermal environment

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

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

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

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

             (b)  provision of special equipment and clothing;

             (c)  provision of screens or shelters;

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

             (e)  limited work schedules with rest periods; and

              (f)  other appropriate controls and measures.

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

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

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Ventilation

      45. (1) An employer shall ensure that

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

             (b)  there is adequate ventilation; and

             (c)  impurities are made harmless and inoffensive

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

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

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

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

             (5)  An employer shall ensure that,

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

             (b)  louvers are cleaned regularly; and

             (c)  ventilation openings are free of obstruction and sources of contamination.

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

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

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

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

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

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

             (a)  the mechanical ventilation system

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

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

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

             (c)  a record of all inspections, maintenance and cleaning of the mechanical ventilation system is

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

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

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

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

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

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

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Silica regulation

      46. (1) In this section

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

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

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

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

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

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

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

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

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

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

             (a)  sandblasting;

             (b)  the cleaning of castings;

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

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

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

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

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

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

             (a)  total or partial enclosure of the process;

             (b)  efficient local exhaust ventilation;

             (c)  jets or sprays of water or other suitable wetting agent; and

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

             (4)  An employer shall ensure that

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

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

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

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

             (a)  approved respiratory protective equipment; and

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

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

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

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

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

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

           (12)  An employer shall ensure that

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

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

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

             (d)  sandblasting is not done underground,

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

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

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

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

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

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

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

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

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

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

           (18)  An employer shall ensure that silica flour

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

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

             (c)  is not used in the manufacture of scouring powder or abrasive soaps or as an abrasive in a process.

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

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Silica medical surveillance

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

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

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

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

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

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

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

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

             (a)  an occupational history;

             (b)  a respiratory questionnaire;

             (c)  a pulmonary/lung function test;

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

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

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

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

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

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

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

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

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

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

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

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

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Asbestos

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

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

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

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

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Lead exposure control plan

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

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

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

             (2)  The exposure control plan shall include

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

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

             (c)  worker education and training;

             (d)  safe work practices as required;

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

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

             (g)  methods of documentation and record keeping; and

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

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

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

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

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

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Musculoskeletal injury prevention

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

             (2)  An employer shall

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

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

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MSI : risk control

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

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

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

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

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

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

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

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MSI : education and training

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

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

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

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MSI : evaluation

      53. An employer shall

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

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

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MSI : consultation

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

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

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

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

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Seating or standing work

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

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

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

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Lifting and handling

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

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

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Permitted quantities

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

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

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Incompatible substances

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

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Storage of hazardous substances

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

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

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

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

             (c)  designed and maintained to allow the safe movement of workers, equipment and material;

             (d)  provided with adequate ventilation and lighting; and

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

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Dispensing

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

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

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

             (c)  makeup air duct passing through a fire separation shall be equipped with an approved fire damper; and

             (d)  doors shall be self-closing.

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Toilet facilities

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

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

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

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

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

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

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

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

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

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

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

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Washing facilities

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

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

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

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

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

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

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Emergency washing facilities

      63. An employer shall ensure that

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

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

             (c)  access to emergency eyewash and shower facilities is not blocked by material or equipment; and

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

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Work clothing and accommodations

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

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

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

             (b)  provide a suitably located changing area; and

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

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Eating areas

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

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Supply of drinking water

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

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Sanitary and orderly conditions

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

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

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

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

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

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Noise hazards

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

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

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

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

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

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

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

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

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

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

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

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

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

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Painting, coating and working with plastics/resins

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

             (c)  a chopper spray gun unit.

           (11)  An airless spray gun shall have

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

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

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

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

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

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

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

PART VII
PERSONAL PROTECTIVE EQUIPMENT

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Definitions

      70. In this Part

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

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

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

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Selection, use and maintenance

      71. Personal protective equipment shall

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

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

             (c)  be compatible so that one item of personal protective equipment does not make another item ineffective; and

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

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Instruction

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

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Personal clothing and accessories

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

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

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

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

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

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General requirements of safety headgear

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

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

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Eye and face protection

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

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Prescription safety eyewear

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

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

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

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Contact lenses

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

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General requirements of limb and body protection

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

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Leg protection

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

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Foot protection

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

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

             (a)  slipping;

             (b)  uneven terrain;

             (c)  abrasion;

             (d)  ankle protection;

             (e)  foot support;

              (f)  crushing potential;

             (g)  temperature extremes;

             (h)  corrosive substances;

              (i)  puncture hazards;

              (j)  electrical shock; and

             (k)  another recognizable hazard.

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

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High visibility apparel

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

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Flame resistant clothing

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

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

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Respiratory protection program

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

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Respiratory protection

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

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

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

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

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

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

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

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Respiratory protection equipment

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

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

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

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

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

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

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

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

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

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Inspection and maintenance of respiratory protection equipment

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

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

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

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

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

             (c)  emergency escape only equipment is inspected before being carried into the workplace for use.

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

PART VIII
MACHINERY AND EQUIPMENT

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Definitions

      87. In this Part

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

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

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

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

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

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

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Safe machinery and equipment

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

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

             (b)  selected, used and operated in accordance with

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

                     (ii)  safe work practices, and

                    (iii)  the requirements of these regulations.

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

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

             (b)  as specified by a professional engineer.

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

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General requirements

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

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

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

             (c)  safely contain material ejected by the work process that could be hazardous to an employee.

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Standards

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

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

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Guards

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

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

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Identifying unsafe equipment

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

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Operating controls

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

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

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

             (c)  controls positioned, designed or shielded to prevent inadvertent activation;

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

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

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

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Machinery location

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

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Marking of hazards

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

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Piping systems

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

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Restraining devices

      97. Effective means of restraint shall be used

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

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

             (c)  to secure an object from falling and endangering a worker.

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Rotating hazards

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

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Flywheels and pulleys

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

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Conveyor standards

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

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

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

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

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

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

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Power presses, brake presses and shears

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

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

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

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

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Exception for custom work

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

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Cutting and cooling material containment

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

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Standards for abrasive equipment

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

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Powder actuated tools standards

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

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

             (b)  CSA Standards for Powder Actuated Devices; or

             (c)  other authority acceptable to the minister.

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Powder actuated tool use

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

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

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

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

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

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

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

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

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

             (c)  is familiar with these regulations;

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

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

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

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

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

             (c)  accessories or tools needed for use or field servicing of the tool, including personal protective equipment.

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

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

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

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

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Limitations on use of powder actuated tools

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

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

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

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

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

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

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

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

             (b)  into a spalled area; or

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

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Chippers

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

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

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

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

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Chain saws

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

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

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

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Automotive lifts and vehicle supports

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

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

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

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

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

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

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Pneumatic nailing and stapling tools

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

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

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

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Drilling equipment - general requirements

   112. An employer shall ensure that before drilling

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

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

             (c)  remnants of holes have been inspected for explosives and distinctively marked.

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Drilling equipment use

   113. (1) An employer shall ensure that

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

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

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

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Drilling procedures

   114. A driller shall ensure that

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

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

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

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Rod handling

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

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

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

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

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Self-propelled drills

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

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

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Cleaning drilled holes

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

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Abrasive blasting and high pressure washing definitions

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

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

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

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

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Risk assessment

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

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Work procedures outside a cabinet

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

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Substitution of abrasive blasting materials

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

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Cleanup

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

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

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

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

             (c)  the materials cannot be separated from the environment in which the abrasive blasting takes place.

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

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Engineering controls

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

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Exhaust ventilation

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

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

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

             (b)  minimizes worker exposure inside the enclosure.

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Restricted work zones

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

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

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Operating procedures

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

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

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

             (c)  protected from inadvertent activation.

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

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

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

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

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

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

PART IX
DE-ENERGIZATION AND LOCKOUT

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Definitions

   127. In this Part

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

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

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

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

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

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

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

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

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General requirement

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

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When lockout required

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

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

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

             (c)  the energy isolating devices have been locked out as required by this Part.

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

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Lockout procedures

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

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

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

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

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

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

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

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Checking locked out equipment

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

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

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Worker responsibilities

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

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

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

             (c)  maintaining immediate control of the key to personal locks throughout the duration of the work.

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Removal of locks

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

             (2)  A supervisor shall

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

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

             (c)  ensure that locks that are not in active use are removed from machinery or equipment.

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

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Group lockout procedure

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

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

             (a)  independently locking out the energy isolating devices;

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

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

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

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

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

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

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

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Alternative procedures

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

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

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

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

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

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

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Where locks not required

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

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

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

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Work on energized equipment

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

PART X
FALL PROTECTION

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Definitions

   138. In this Part

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

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

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

                     (ii)  pruning, spraying or trimming,

                    (iii)  repairing damaged trees,

                    (iv)  assessing growth or harvesting potential, or

                     (v)  scientific research;

             (c)  "body belt" means a belt worn by a worker as a means of fall restraint;

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

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

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

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

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

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

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

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

                     (ii)  stopping a worker who has fallen;

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

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

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

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

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

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

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

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

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

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

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

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Training requirement

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

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Fall protection systems

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

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General requirements

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

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

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

             (c)  above an open tank, pit or vat containing hazardous material,

the employer shall ensure that

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

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

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

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

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

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Fall arrest system

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

             (a)  be adequately secured to

                      (i)  an anchorage point, or

                     (ii)  a lifeline that is

                            (A)  securely fastened to anchor points, or

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

             (b)  include a lanyard

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

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

             (c)  prevent a free fall greater than 1.22 metres where

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

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

             (d)  include a full body harness that

                      (i)  is attached to a lanyard,

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

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

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

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

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

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

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

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

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

             (3)  No worker shall

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

             (b)  be adequately secured to

                      (i)  an anchorage point, or

                     (ii)  a lifeline that is

                            (A)  securely fastened to anchorage points, or

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

             (c)  include a climbing rope or safety strap;

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

                      (i)  provides additional stability, and

                     (ii)  back-up fall protection; and

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

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

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

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

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Nets

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

             (a)  is installed

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

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

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

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

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

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

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Debris nets

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

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

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

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

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

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

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Travel restraint

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

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Temporary flooring

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

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

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

             (c)  be able to withstand 4 times the maximum load likely to be imposed on it; and

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

PART XI
SCAFFOLDS, STAGES AND WORK PLATFORMS

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Definition

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

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Portable ladder standards

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

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

             (b)  ANSI Standard A14.1-1990 "Safety Requirements for Portable Wood Ladders";

             (c)  ANSI Standard A14.2-1990 "Safety Requirements for Portable Metal Ladders"; or

             (d)  other standard acceptable to the minister.

             (2)  A manufactured portable ladder shall be

             (a)  marked for grade and use; and

             (b)  used in accordance with the manufacturer's instructions.

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Job built ladders

   149. Where a portable wooden ladder is constructed at the job site,

             (a)  the side rails

                      (i)  shall be of 38 millimetres by 89 millimetres nominal dimensions for lengths up to 5 metres, and 38 millimetres by 140 millimetres nominal dimensions for lengths from 5 metres to 7.3 metres, and

                     (ii)  shall not be notched, dapped, tapered or spliced,

                   and the distance between the inner faces of the side rails shall not be less than 38 centimetres or more than 50 centimetres;

             (b)  cleats shall be

                      (i)  19 millimetres by 64 millimetres for ladder lengths up to 5 metres,

                     (ii)  19 millimetres by 89 millimetres for ladder lengths from 5 metres to 7.3 metres,

                    (iii)  spaced at 30 centimetres centres, and

                    (iv)  nailed directly onto the smaller surfaces of the side rails, using three 57 millimetres wire nails on each end of the 89 millimetre cleats, and two similar nails on each end of the 64 millimetre cleats;

             (c)  the spaces on the side rails between the cleats shall be filled with close fitting and well secured filler pieces that are the same thickness as the cleats; and

             (d)  a double cleat ladder shall have 3 rails evenly spaced, and be 107 centimetres to 127 centimetres wide and have continuous cleats which extend the full width of the ladder.

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Protective coatings

   150. A protective coating applied to a wooden ladder, other than a small amount for identification purposes, shall be transparent to allow defects to be discovered by inspection.

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Inspection

   151. Portable ladders shall be inspected before use, and ladders with loose, broken or missing rungs, split side rails or other hazardous defects shall be removed from service.

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Inclination and support

   152. Where a portable single or extension ladder is in use

             (a)  the ladder shall be placed so that the horizontal distance from the base to the vertical plane of support is approximately one-quarter of the ladder length between supports; and

             (b)  the lower ends of the ladder side rails shall rest on a firm and level base and the upper support of the side rails shall be rested on a bearing surface strong enough to safely withstand the applied load.

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Length

   153. A ladder shall be of sufficient length to project approximately one metre above the level of the upper landing to which it provides access, except where there is limited clearance and the ladder is adequately secured.

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Restrictions on use

   154. (1) Except as otherwise permitted by a manufacturer, a worker shall not work from either the top 2 rungs of a portable single or extension ladder or the top 2 steps of a stepladder.

             (2)  A ladder shall not be used as a scaffold component or as a horizontal walkway, ramp or work platform support except where the ladder is part of a premanufactured or engineered system.

             (3)  A worker shall maintain 3 points of contact when using a ladder.

             (4)  A worker may only work from a portable ladder without fall protection where

             (a)  the work is a light duty task of short duration at each location;

             (b)  the worker's centre of gravity is maintained between the ladder side rails; and

             (c)  the ladder is not positioned near an edge or floor opening that would significantly increase the potential fall distance.

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Fixed ladders

   155. (1) A fixed ladder shall comply with the requirements of ANSI Standard A14.3 - 2002 "American National Standard for Ladders - Fixed Safety Requirements" or other standard acceptable to the minister.

             (2)  All fixed ladders, where a potential fall is more than 7.32 metres in length, shall be

             (a)  provided with platforms at intervals not greater than 7.32 metres;

             (b)  provided with safety cages starting at 2.13 metres and a maximum of 2.44 metres from the base of the ladder; or

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

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

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

             (5)  Ladder rungs shall be omitted above the landing and the side rails shall extend at least 1.07 metres above the landing.

             (6)  Where acceptable devices to prevent workers from falling are used, platforms shall be provided at intervals not greater than 45.72 metres where the continuous length of climb is greater than 45.72 metres and every 45.72 metres afterward.

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Special purpose ladders

   156. A special purpose ladder, including a ship's ladder, escape ladder, individual rung ladder or a ladder visible to the audience in a theatre scenic unit or prop, shall be engineered or constructed to a standard acceptable to the minister.

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Definitions

   157. For the purpose of this section and sections 158 to 200 ,

             (a)  "building tie" means a connection between a standing scaffold and a permanent structure;

             (b)  "double-pole scaffold" means a scaffold with both ends of the bearers supported by connections to posts or uprights;

             (c)  "heavy duty" means intended to support both workers and stored or stacked materials, including bricks and masonry, where the maximum load capacity does not exceed 366 kilograms a square metre;

             (d)  "light duty" means intended to support workers, their personal hand tools and material for immediate use only where the maximum load capacity does not exceed 122 kilograms a square metre;

             (e)  "painter's plank" means a single manufactured extension staging;

              (f)  "running scaffold" means a double-pole scaffold comprised of 2 or more bays;

             (g)  "scaffold" or "scaffolding" means a temporary work platform and its supporting structure used for supporting workers or materials or both; and

             (h)  "single pole scaffold" means a scaffold with the outer ends of the bearers supported on ledgers secured to a single row of posts or uprights, and the inner ends of the bearers supported on or in a wall.

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Responsibilities

   158. (1) Employers shall ensure that scaffolds used by their workers are in safe condition, regardless of who erected the scaffolds.

             (2)  A scaffold shall be erected, altered and dismantled by, or under the direct supervision of, qualified workers.

             (3)  A scaffold shall be inspected daily before use and after a modification.

             (4)  A damaged scaffold component shall not be used until it has been effectively repaired.

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Standards

   159. Unless otherwise permitted by this Part, a scaffold shall be designed, erected and maintained in accordance with the requirements of

             (a)  ANSI Standard A10.8 -1988 "American National Standard for Construction and Demolition Operations - Scaffolding - Safety Requirements";

             (b)  ANSI Standard A14.7- 1991 "Safety Requirements for Mobile Ladder Stands and Mobile Ladder Stand Platforms";

             (c)  CSA Standard CAN/CSA -Z271 "Safety Code for Suspended Powered Platforms";

             (d)  another standard acceptable to the minister; or

             (e)  the written requirements of a professional engineer.

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Scaffold stability

   160. (1) A scaffold shall be erected with vertical members plumb and ledgers and bearers level.

             (2)  The lower end of the vertical support of a scaffold shall be supported by firm and adequately sized foundations or sills.

             (3)  The poles, legs and uprights of a scaffold shall be securely and rigidly braced to prevent swaying and displacement.

             (4)  A scaffold shall be effectively guyed or secured to a building or structure where the height of the scaffold exceeds 3 times its minimum base.

             (5)  Where building ties or guys are used

             (a)  the first level of ties or guys shall be placed at a height not exceeding 3 times the scaffold minimum base dimension, and additional building ties or guys placed at vertical intervals not exceeding 6 metres; and

             (b)  the ties or guys shall be placed at horizontal intervals of every third bay or 6.4 metres, whichever is the lesser, and at the ends of the scaffold.

             (6)  A building tie shall be capable of resisting a working load of 4 kilonewtons, applied horizontally and perpendicular to the structure, or a proportionately equivalent load where ties are spaced closer together or guying is employed.

             (7)  Where a scaffold is enclosed by a tarp or other cover, bracing for the scaffold shall be installed in accordance with the manufacturer's instructions or those of a professional engineer to meet design criteria for induced loads.

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Guardrails and toeboards

   161. (1) Except as otherwise provided by subsection (2), a work platform 1.22 metres or more above grade or floor level shall have guardrails on all open sides and ends which comply with the requirements of sections 28 and 30 .

             (2)  Where an edge of the work platform is adjacent to a structure that provides protection equivalent to guardrails, guardrails may be omitted on that edge and there may be an open space of up to 30 centimetres between the work platform and the structure.

             (3)  Toeboards shall be provided and comply with all the requirements for toeboards set out in these regulations.

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Grounding

   162. A metal scaffold located in proximity to a high voltage energized electrical conductor or equipment shall be effectively grounded where a hazardous level of electrical charge is likely to be induced in the scaffold.

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Lumber planks

   163. (1) Scaffold planks shall

             (a)  be rough sawn and of not less than 5.08 centimetres by 25.40 centimetre dimensions;

             (b)  extend not less than 15.24 centimetres and not more than 30.48 centimetres beyond the supporting members;

             (c)  be supported at intervals not exceeding 3.05 metres for light work and 2.13 metres for heavy work, including bricklaying and masonry;

             (d)  be of uniform thickness in adjoining planks; and

             (e)  have maximum allowable deflection not exceeding the span length divided by 80.

             (2)  Each lumber scaffold plank shall be visually inspected for defects before each installation and shall be removed from service where it is found to be defective.

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Manufactured planks

   164. (1) A manufactured scaffold plank shall meet the requirements of section 163 and shall be used in accordance with the manufacturer's instructions and limitations, except as provided in subsection (2).

             (2)  A single manufactured extension staging painter's plank may be used for the support of one worker only.

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Securing planks

   165. Each lumber and manufactured scaffold plank installed for use shall be secured against dislodgement.

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Access to scaffolds

   166. (1) Access to otherwise inaccessible working levels of a scaffold up to 9 metres above a floor or grade shall be provided by

             (a)  end frames providing a ladder-like structure having horizontal members uniformly spaced at approximately 30 centimetres on centre; or

             (b)  a vertical or portable ladder or stairway, attached to the scaffold.

             (2)  Access to otherwise inaccessible working levels of a scaffold over 9 metres above a floor or grade shall be provided by

             (a)  a stairway erected for the full height of the scaffold;

             (b)  a temporary passenger hoist approved for use under the Public Safety Act ;

             (c)  an attached vertical ladder, with rest platforms at least every 6.1 metres which are fully guarded except at the ladder location; or

             (d)  end frames with a ladder-like structure having horizontal members uniformly spaced at 30 centimetres on centre, and rest platforms at least every 6.10 metres which are fully guarded except at the ladder location.

             (3)  A worker shall not climb the outside of scaffold frames between landings.

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Vertical ladders

   167. (1) A vertical ladder providing access to working levels of a scaffold shall

             (a)  be adequately fastened to the scaffold;

             (b)  be configured so that its siderails extend approximately one metre above the uppermost working level; and

             (c)  have rungs spaced at 30 centimetres on centre and have a clear space of at least 15 centimetres behind each rung.

             (2)  A ladder attached to a scaffold shall be positioned so that its use will not cause the scaffold to become unstable.

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Erection and dismantling.

   168. The requirements of sections 141 to 146 apply to the erection and dismantling of a scaffold.

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Spacing of components

   169. The horizontal spacing between uprights, guardrail posts and bearers in a wood scaffold shall not exceed

             (a)  3 metres for a light duty scaffold; or

             (b)  2 metres for a heavy duty scaffold.

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Bracing of uprights

   170. Adjacent uprights shall be connected with horizontal runners (ledgers and bearers) to ensure that the unbraced vertical length of an upright does not exceed 2.4 metres.

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Cross bracing

   171. A scaffold shall be adequately supported in 2 directions by a system of diagonal cross braces secured to the uprights as close to the ledgers as possible.

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Wood scaffolds

   172. (1) Components of a light duty single-pole wood scaffold shall have minimum nominal dimensions conforming to the following table:

 

Component

Dimensions

Uprights up to 6.10 metres

5.08 by 10.16 centimetres

Uprights 6.10 to 15.24 metres

10.16 by 10.16 centimetres

Bearers- 91.44 centimetres span

2.54 by 15.24 centimetres

Bearers 152.40 centimetre span

5.08 by 15.24 centimetres

Ledgers

2.54 by 15.24 centimetres

Braces

2.54 by 15.24 centimetres

Wall-scabs and bearer blocks

5.08 by 15.24 centimetres

Minimum platform width

2-5.08 by 25.4 centimetres

Top guardrails

5.08 by 10.16 centimetres

Intermediate guardrails

2.54 by 15.24 centimetres

Toe-boards

2.54 by 10.16 centimetres

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

 

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Components

Dimensions

 

 

Light duty

Heavy duty

Uprights to 6.10 metres

5.08 by 10.16 centimetres

5.08 by 15.24 centimetres

Uprights 6.10 metres to 15.24 metres

10.16 by 10.16 centimetres

10.16 by 15.24 centimetres

Bearers- 152.4 centimetres span

2-2.54 by 15.24 centimetres or
1-5.08 by 15.24 centimetres

2-5.08 by 15.24 centimetres or
1-5.08 by 25.4 centimetres

Ledgers

2.54 centimetres by 15.24 centimetres

2.54 by 15.24 centimetres

Braces

2.54 centimetres by 15.24 centimetres

2.54 centimetres by 15.24 centimetres

Minimum platform width

2-5.08 by 25.4 centimetres

4-5.08 by 25.4 centimetres

Top guardrails

5.08 by 10.16 centimetres

5.08 by 10.16 centimetres

Intermediate guardrails

2.54 by 15.24 centimetres

2.54 by 15.24 centimetres

Toeboards

2.54 by 10.16 centimetres

2.54 by 10.16 centimetres

Note: Spacing of building ties

Vertical: 4.57 metres

Horizontal: 6.10 metres

Extension of uprights

   173. (1) A wood upright may only be extended using a butt joint, strengthened by two wooden splice plates not less than 1.2 metres long.

             (2)  The splice plates for wood uprights shall have a minimum thickness of 38 millimetres and be of the same width as the spliced members.

             (3)  The combined cross-sectional area of the splice plates shall be at least that of the vertical upright member.

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Laminated uprights

   174. When wood uprights are fabricated by the lamination of two or more pieces of material to obtain the required cross-sectional dimensions, the distance between joints shall be at least 1.2 metres.

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Bearer supports

   175. (1) The inner ends of bearers on single-pole scaffolds shall be supported by bearer blocks and securely fastened to wall scabs.

             (2)  Manufactured bearer supports shall be

             (a)  of a design acceptable to the minister; and

             (b)  secured to solid wall materials.

             (3)  Bearer hooks which engage holes in the wall sheathing shall be adequately supported by stiffeners secured to wood studs or blocking.

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Pumpjack scaffold

   176. (1) A pumpjack scaffold made of metal

             (a)  shall not be more than 13.7 metres in height; and

             (b)  shall be braced every 4.6 metres, starting at the base of the scaffold.

             (2)  A pumpjack scaffold that includes one or more supports made of wood

             (a)  shall not be more than 7.3 metres in height; and

             (b)  shall be braced every 3 metres, starting at the base of the scaffold.

             (3)  A pumpjack scaffold

             (a)  shall be used only as a light duty scaffold; and

             (b)  shall not be used by more than 2 workers at one time.

             (4)  A pumpjack scaffold shall have guard rails in accordance with section 28 .

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Definitions

   177. For the purpose of this section and sections 178 to 200 ,

             (a)  "end frame scaffold" means a system of fabricated tubular metal frames (panels) that are connected in the field with bracing members;

             (b)  "system scaffold" means a scaffold consisting of posts with fixed connection points which accept runners, bearers and diagonal braces that can be interconnected at predetermined levels;

             (c)  "tower scaffold" means a double-pole scaffold comprised of only one bay;

             (d)  "tube and coupler scaffold" means an assembly of tubing members (posts, bearers, runners, diagonal braces, ties), a base supporting the posts and special couplers to connect the uprights and to join the various members; and

             (e)  "tubular metal scaffold" means a scaffold with members made primarily of steel or aluminium tubing.

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Manufacturers specifications

   178. Except as provided in section 179 , a tubular metal scaffold shall

             (a)  be erected in accordance with the manufacturer's instructions and specifications, including bracing in both vertical and horizontal planes;

             (b)  have all components installed and connected using the fasteners specified by the manufacturer, or fasteners of equivalent quality; and

             (c)  be maintained in a condition which meets the manufacturer's specifications.

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Compatibility

   179. Where a scaffold is erected using components made by different manufacturers, the employer shall ensure that the components are compatible.

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Engineering requirements

   180. A scaffold shall be erected and used in accordance with the written instructions of a professional engineer where the scaffold

             (a)  exceeds 25 metres in height;

             (b)  exceeds 20 metres in height where stairways are included as part of the scaffold;

             (c)  is used to support a temporary floor;

             (d)  is subject to loads which can cause overturning; or

             (e)  is suspended from a structure.

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Adjustable height bases

   181. (1) A scaffold shall be erected plumb using adjustable height bases under the uprights to accommodate foundation settlement and uneven, sloping or stepped surfaces.

             (2)  Unless otherwise specified by the manufacturer, a height adjustment device shall not extend more than the lesser of two-thirds of its total length or 60 centimetres.

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Spacing

   182. Spacing between frames or uprights shall not exceed the maximum allowable span for work platform components and for the intended loading.

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Couplings

   183. (1) Vertical frames and uprights shall be joined using coupling or stacking pins to ensure proper vertical alignment.

             (2)  Where uplift could occur and cause components to separate, height adjusting screws, castors, coupling pins, frames and uprights shall be secured to prevent separation of components.

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Height restriction

   184. The height of a free-standing tower or rolling scaffold shall not exceed 3 times its minimum base dimension.

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Outriggers

   185. (1) Where outriggers are used to increase the minimum base dimension of a tower or rolling scaffold, the outriggers shall be installed on both sides of the scaffold structure.

             (2)  Notwithstanding subsection (1), where outriggers are used to increase the minimum base dimension of a tower or rolling scaffold erected adjacent to a building or other structure, the scaffold shall be braced against the structure, and outriggers used on the opposite side.

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Wheels

   186. (1) The wheels on at least one end of a rolling scaffold shall be the swivel type.

             (2)  The wheels of a rolling scaffold shall not be less than 13 centimetres in diameter and shall be secured in the scaffold leg to prevent the wheel from falling out while the scaffold is being erected, used or dismantled.

             (3)  Height adjusting screws for castors of a rolling scaffold shall extend not more than two-thirds of their total length or 30 centimetres whichever is the lesser.

             (4)  A wheel of a rolling scaffold shall be equipped with effective brakes or locking devices which shall be applied when workers are working on the scaffold.

             (5)  A rolling scaffold mounted on pneumatic tires shall have supports in addition to pneumatic tires while the scaffold is being erected or dismantled or when a worker is on it.

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Moving restrictions

   187. A worker is not permitted on a rolling scaffold while it is being moved.

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Surface conditions

   188. To ensure the stability of a rolling scaffold, the floor or surface over which it is moved shall be sufficiently firm, within 3° of level, and free from pits, holes, depressions and obstructions.

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Components of tube and coupler scaffold

   189. (1) Where 48 millimetres outside diameter aluminium or steel tube components are used in a tube and coupler scaffold

             (a)  the spacing of standards shall not exceed 3 metres;

             (b)  standards shall be connected with ledgers and transoms at a vertical spacing not to exceed 2 metres; and

             (c)  transoms constructed from 48 millimetres outside diameter aluminium or steel tubing shall be limited to 1.2 metre bearing length.

             (2)  A tube and coupler scaffold system which does not comply with the requirements of subsection (1) shall be constructed in accordance with the design of a professional engineer.

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Cross bracing

   190. (1) A running scaffold shall have internal horizontal cross-bracing installed in the bay immediately adjacent to and at the level of a building tie unless equivalent bracing is achieved by use of fabricated scaffold planks secured by end hooks to provide a fully decked work platform at this level.

             (2)  A double-pole tube and coupler scaffold shall have internal bracing in accordance with subsection (1).

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Work platforms supported by a crane or hoist

   191. A work platform suspended from a crane or hoist, or attached to a crane boom shall be approved and certified by a professional engineer.

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Crane capacity

   192. The weight of a work platform suspended from a crane or hoist or attached to a crane boom, and its rigging, plus the rated capacity, shall not exceed 25% of the crane's rated capacity at the working radius.

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Eccentric loading

   193. Where a work platform attached to a crane boom causes eccentric loading on the boom, the rated capacity of the crane shall be reduced and shall be determined and certified by the crane manufacturer or a professional engineer.

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Rigging

   194. Rigging used to suspend a work platform from a crane or hoist shall have a safety factor of at least 10, and shall be used exclusively for suspending the work platform.

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Two block prevention

   195. Where a crane or hoist is being used to hoist personnel with a load line, the line shall have a device to prevent two-blocking.

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Powered booms and winches

   196. (1) A crane used to suspend a work platform shall have a powered boom or a fixed boom.

             (2)  A hoist used to raise or lower a work platform suspended from a crane shall be capable of lowering under power.

             (3)  A free running boom or hoisting winch, controlled only by brakes, shall not be used to raise or lower a work platform.

             (4)  Hoisting and lowering speed of a crane or hoist shall be kept as slow as practicable while supporting a work platform.

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Fall protection - suspended work platforms

   197. (1) An occupant of a work platform suspended from a crane or hoist shall use a personal fall arrest system with a shock absorbing lanyard secured to a designated anchorage point on the platform or above the load hook.

             (2)  Where a work platform suspended by a crane or hoist is occupied by a worker with a personal fall arrest system attached to the platform, the platform shall have a safety strap that prevents the platform from falling more than 15 centimetres where the platform becomes dislodged from the hook.

             (3)  Each occupant of a work platform attached to a crane boom shall use a personal fall arrest system secured to a designated anchorage point on the boom.

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Articulating booms prohibited

   198. A work platform shall not be

             (a)  suspended from an articulating boom crane; or

             (b)  attached to an articulating boom crane unless the installation is approved by the crane manufacturer.

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Travelling restriction

   199. Travelling with a worker in a work platform supported by a crane or hoist is not permitted except where the platform is supported by a rail-mounted crane.

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Communications

   200. The operator of a crane or hoist used to suspend a work platform shall have an effective means of constant communication with a person on the platform.

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Definitions -elevating work platforms

   201. For the purpose of this section and sections 202 to 217 ,

             (a)  "aerial device" means a vehicle-mounted device having a boom which may be telescoping or articulating, or both, with a work platform on the boom, which is used to position personnel;

             (b)  "aerial ladder" means a vehicle-mounted aerial device with a single or multiple-section ladder with or without a platform at the top;

             (c)  "boom-supported elevating work platform" means an elevating work platform or aerial device which has its platform supported by an elevating device that elevates and rotates relative to the machine base;

             (d)  "elevating work platform" means a work platform or aerial device which self-elevates to overhead work locations and includes other similar devices not covered elsewhere in these regulations; and

             (e)  "self-propelled" means the capability of an elevating work platform to be power propelled with the primary controls on the work platform.

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Standards

   202. (1) A self-propelled work platform comprising a boom-supported elevating platform, which telescopes, articulates, rotates or extends beyond the base dimensions, and is not mounted on a separate self-propelled vehicle shall meet the requirements of

             (a)  CSA Standard CAN/CSA -B354.4 "Self-propelled Boom-Supported Elevating Work Platforms";

             (b)  ANSI Standard ANSI /SIA A92.5 "Boom-Supported Elevating Work Platforms"; or

             (c)  other standard acceptable to the minister.

             (2)  A self-propelled integral chassis elevating work platform having a platform that cannot be positioned laterally completely beyond the base and for which primary functions are controlled from the platform shall meet the requirements of

             (a)  CSA Standard CAN/CSA -B354.2 "Self-Propelled Elevating Work Platforms";

             (b)  ANSI Standard ANSI /SIA A92.6 "American National Standard for Self-Propelled Elevating Work Platforms"; or

             (c)  other standard acceptable to the minister.

             (3)  A manually propelled, integral chassis elevating work platform having a platform that cannot be positioned laterally completely beyond the base, which may be adjusted by manual or powered means and which shall not be occupied when moved horizontally, shall meet the requirements of

             (a)  CSA Standard CAN/CSA -B354.1 "Portable Elevating Work Platforms";

             (b)  ANSI Standard ANSI /SIA A92.3 "American National Standard for Manually Propelled Elevating Aerial Platforms"; or

             (c)  other standard acceptable to the minister.

             (4)  A telescopic aerial device, aerial ladder, articulating aerial device, vertical tower, material-lifting aerial device or a combination of these, when vehicle-mounted, whether powered or manually operated, shall meet the requirements of CSA Standard CAN/CSA -C225 "Vehicle-Mounted Aerial Devices" or other standard acceptable to the minister.

             (5)  An elevating work platform of a type other than that referred to in subsections (1) to (4) shall meet a standard acceptable to the minister.

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Operating and maintenance manuals

   203. (1) The equipment manufacturer's

             (a)  operation manual; and

             (b)  maintenance manual, containing maintenance instructions and replacement part information

for each elevating work platform in use at the workplace shall be available at the workplace.

             (2)  Where either of the manuals referred to in subsection (1) is not available, the equipment shall not be used until the manual is obtained, or until written instructions for the safe operation and maintenance of the equipment are supplied by a professional engineer.

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Inspection and maintenance records

   204. (1) Records of inspection, maintenance, repair and modification shall be kept for an elevating work platform by the equipment operator and a person inspecting and maintaining the equipment.

             (2)  Where the inspection and maintenance records required under subsection (1) are not available, an elevating work platform shall be inspected and certified by a professional engineer before use, and an inspection and maintenance recording system shall be established as required by subsection (1).

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Shift inspection

   205. An elevating work platform shall be inspected by the operator before use on each shift and a condition that could endanger workers shall be remedied before the platform may be used.

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Annual inspection and certification

   206. (1) An elevating work platform shall be inspected, maintained, repaired and modified in accordance with

             (a)  the manufacturer's instructions;

             (b)  the relevant CSA Standard as specified in section 202 ;

             (c)  the direction of a professional engineer; or

             (d)  another standard acceptable to the minister.

             (2)  An insulated aerial device shall be dielectrically tested at least annually in accordance with CSA Standard CAN/CSA -C225 "Vehicle Mounted Aerial Devices" or other standard acceptable to the minister and the insulating capability of the aerial device shall be certified by the testing agency.

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Fall protection - elevating work platform

   207. (1) A person on an elevating work platform shall wear a personal fall arrest system secured to an anchorage point that is approved by the manufacturer or professional engineer.

             (2)  A worker on an aerial ladder shall be continuously protected by means of a personal fall arrest system as required by Part X or shall maintain 3 points of contact with the ladder at all times.

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Safe access

   208. Safe means shall be provided to get on and off the platform of an elevating work platform.

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Rated capacity

   209. The rated capacity of an elevating work platform

             (a)  shall be marked on the platform; and

             (b)  shall not be exceeded.

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Outriggers

   210. (1) An outrigger on an elevating work platform shall be used in accordance with the manufacturer's instructions.

             (2)  Where an elevating work platform has outriggers, notices indicating the circumstances specified by the manufacturer for which the outriggers are to be used shall be clearly displayed at the operating controls for the platform.

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Controls

   211. (1) Each control on an elevating work platform shall be clearly identified to indicate its function.

             (2)  Controls on an elevating work platform shall be 'hold-to-run' (continuous pressure) type that return to the neutral or stop position when released.

             (3)  Controls on an elevating work platform shall be protected against inadvertent operation.

             (4)  Each set of operating controls of an elevating work platform shall be provided with an emergency stop device.

             (5)  An emergency stop device referred to in subsection (4) shall be

             (a)  within easy reach of the operator;

             (b)  clearly labelled 'STOP'; and

             (c)  red in colour.

             (6)  An elevating work platform shall have a clearly marked overriding lowering control to enable a worker at the lower controls to stop and lower the platform in the event of an emergency.

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Immobilization of vehicles

   212. (1) The carrier vehicle of an elevating work platform shall be secured against inadvertent movement before a worker occupies the platform.

             (2)  Where a manufacturer permits an elevating work platform to be elevated on sloping ground, the vehicle's wheels shall be secured according to the manufacturer's instructions and where no instructions have been provided, the wheels shall be chocked.

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Shear hazard

   213. An elevating work platform lifting mechanism which creates a shear hazard to workers shall be adequately guarded or identified with signs, decals or similar markings warning of the hazard.

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Warning devices

   214. An elevating work platform, other than a vehicle-mounted aerial device which complies with the requirements of CSA Standard CAN/CSA -C225 "Vehicle Mounted Aerial Device", shall have a warning system consisting of an intermittent horn and flashing light which is automatically activated during motion of the work platform.

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Transporting workers

   215. A worker may not be transported on an elevated work platform unless the transport is in accordance with the manufacturer's instructions.

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Lift truck platform

   216. A work platform mounted on the forks of a lift truck shall be designed by an engineer or conform to a standard acceptable to the minister and

             (a)  securely attached to the lifting carriage or forks;

             (b)  provided with perimeter guardrails meeting the requirements of sections 28 and 30 ;

             (c)  equipped with guarding to prevent occupants from contacting a hazardous part of the lifting machinery; and

             (d)  clearly marked with the rated load of the platform.

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Fall protection - lift truck

   217. Where a worker is elevated on a work platform supported by a lift truck,

             (a)  the lift truck operator shall remain at the controls of the lift truck;

             (b)  the lift truck mast shall be kept vertical;

             (c)  the lift truck shall not be moved except for minor adjustments necessary to facilitate positioning of the platform; and

             (d)  a platform occupant shall use a personal fall protection system as required by Part X.

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Swing stages - definitions

   218. For the purpose of this section and sections 219 to 242

             (a)  "bridging" means using a deck or planking to span a gap between two independent work platforms;

             (b)  "rated load" means the maximum load, designated by the manufacturer, that may be placed safely on a swing stage, and includes the weight of the workers, their tools and equipment, material to be transported and allowances for loads including trailing electric power supply cords, compressed air supply lines, abrasive blasting feed supply lines, or other loads, but does not include the weight of the work platform or its supporting rigging;

             (c)  "safe lower landing" means an area onto which a swing stage or other suspended platform system can be lowered that is capable of safely supporting the weight of the swing stage plus the rated load of the system and which can be accessed safely by workers;

             (d)  "stati c load" means

                      (i)  for suspension by 2 or more lines, the rated load of the swing stage plus half the weight of the stage including the working platform, hangers or stirrups, hoisting units and suspension lines, and

                     (ii)  for suspension by a single line, the rated load plus the weight of the stage;

             (e)  "suspension height" means the distance from the upper attachment points of the suspension line to the safe lower landing for the swing stage; and

              (f)  "swing stage" means a temporary suspended work platform used to support workers, tools, equipment and materials, which is raised and lowered by manually controlled hoisting equipment.

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Rated load

   219. The rated load

             (a)  shall be permanently marked upon a swing stage and clearly readable by workers on the stage; and

             (b)  shall not be exceeded.

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Weight identification

   220. A swing stage platform and a hoist unit shall have its weight clearly marked on it.

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Prior permission

   221. A swing stage shall not be used without the prior permission of the minister when

             (a)  there are 2 or more work platforms at different levels on one swing stage assembly;

             (b)  one swing stage is used above or below a portion of another swing stage;

             (c)  there is bridging between swing stages;

             (d)  a work platform exceeds 10 metres in length; or

             (e)  the suspension height exceeds 90 metres.

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Attachment points

   222. A swing stage shall be suspended from parapet clamps, cornice hooks, thrust-out beams or other solid anchorages having a working load limit that is at a minimum equivalent to that of the suspension system for the swing stage.

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Securing suspension lines

   223. A suspension line for a swing stage shall be secured at the upper end using a safety hook, shackle or other method acceptable to the minister.

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Hook and clamp working load limit

   224. The working load limit of a cornice hook or parapet clamp shall be determined by the manufacturer or professional engineer and be clearly marked on the hook or clamp.

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Hook and clamp engagement

   225. (1) A cornice hook or parapet clamp shall be installed to engage structurally sound portions of a building or structure having adequate strength for the purpose.

             (2)  Where the structural adequacy of the building or structure at the point of attachment of a cornice hook or parapet clamp is not known, a professional engineer shall determine and certify the attachment points.

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Tiebacks

   226. (1) A cornice hook, parapet clamp or thrust-out beam shall be secured by a tieback to a solid anchorage on the building or structure or to another parapet clamp secured on the far side of the structure.

             (2)  The securing, rigging and anchorage required under subsection (1) shall have an ultimate strength of at least 22.2 kilonewtons.

             (3)  A tieback referred to in subsection (1) shall, to the extent practicable, be rigged at a right angle to the building face.

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Thrust-out beams

   227. (1) A thrust-out beam used to support a swing stage shall provide a minimum safety factor of 4, based on the ratio of the ultimate load carrying capacity of the thrust-out beam to the static load.

             (2)  The rated load for the allowable thrust-out beam projections shall be determined by the beam manufacturer or a professional engineer and clearly marked on the beam.

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Counterbalance of thrust-out beams

   228. (1) A thrust-out beam used for supporting a swing stage shall be counterbalanced to support a load of at least 4 times the static load.

             (2)  A counterweight used to counterbalance a thrust-out beam shall be

             (a)  clearly marked to indicate its weight;

             (b)  of solid material not subject to loss of weight through attrition; and

             (c)  secured to the thrust-out beam.

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Hook closures

   229. (1) A hook used in a swing stage suspension system shall be moused or have a safety latch.

             (2)  Subsection (1) does not apply to the connection between a cornice hook and the structure.

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Protection against damage

   230. (1) Where a suspension line, tieback, lifeline or other part of the rigging for a swing stage comes into contact with a rough or sharp edge, the line shall be protected from damage.

             (2)  Padding shall be used to minimize loss of rope strength where a line supporting a swing stage makes a sharp bend over an edge.

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Fibre rope suspension

   231. Fibre rope used to suspend a swing stage or similar equipment shall

             (a)  provide a safety factor of at least 10, based on the ratio of the rope manufacturer's rated breaking strength for the rope to the load on the rope due to the static load;

             (b)  be made of synthetic fibre having a breaking strength of at least 22 kilonewtons;

             (c)  be reeved through a block and tackle system comprising at least one double upper and one single lower block, for each hanger;

             (d)  have the hauling line secured to prevent free running of the line;

             (e)  be free of knots or splices except for terminal eye-splices; and

              (f)  not be used where exposed to adverse effects of chemicals, unless the rope is made of materials inert to the chemicals.

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Wire rope suspension

   232. Wire rope used to suspend a swing stage or similar equipment shall

             (a)  provide a safety factor of at least 10, based on the ratio of the manufacturer's rated breaking strength of the wire rope on the load on the rope due to the static load;

             (b)  be a type recommended for that use by the rope manufacturer, and recommended for use by the hoist manufacturer; and

             (c)  be continuous and unspliced, except for terminal eye-splices or other types of terminal connections required under Part XV, but fold back eyes secured by only a pressed metal sleeve shall only be used where the sleeve manufacturer approves the use of the sleeve for this application, and the eyes are made in accordance with the manufacturer's instruction and proof tested.

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Length of suspension ropes

   233. (1) Suspension ropes for a swing stage shall be of sufficient length to permit the work platform to be lowered to a safe lower landing.

             (2)  Where a swing stage or platform is suspended over water, or where it is impractical to lower the work platform to a safe lower landing, lower limit travel devices, compatible for safe use with the hoist system, shall be used to ensure the working platform shall not be lowered beyond the safe lower limit of travel.

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Hoisting devices

   234. Winches and other mechanical devices used for hoisting and lowering swing stages or similar equipment shall have automatically operated locking mechanisms that prevent slipping of the suspension ropes.

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Hangers or stirrups

   235. A hanger or stirrup used for supporting a swing stage shall

             (a)  be made of mild steel or other metal having similar properties, but shall not be made of wire rope;

             (b)  have a minimum safety factor of 10 based on the ratio of the ultimate load carrying capacity of the stirrup or hanger to the static load; and

             (c)  be effectively fastened to the swing stage platform to prevent inadvertent separation.

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Platform width

   236. A swing stage work platform shall be at least 50 centimetres wide.

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Safety factor

   237. A swing stage work platform shall have a safety factor of at least 4, based on the ratio of the ultimate load carrying capacity of the work platform to the rated load.

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Rated load

   238. The rated load for a swing stage platform shall be established by the platform manufacturer or a professional engineer.

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Guardrails

   239. (1) A swing stage shall have guardrails with

             (a)  a top rail of 1.07 metres high on all sides of the platform and an intermediate rail, located midway between the top rail and the platform floor, or top of the toeboard, where applicable; or

             (b)  other type of guarding providing equivalent protection and satisfactory to the minister.

             (2)  Guardrails on a swing stage shall be adequately supported and shall be able to withstand an ultimate load of 900N concentrated at any point on the top rail.

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Toeboards and netting

   240. A swing stage on which loose material or equipment is carried shall have toeboards at least 10 centimetres high along all sides of the work platform, and netting with a mesh opening of less than 2.5 centimetres extending from the toeboard to the top rail on the backside.

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Equipment inspection

   241. (1) A swing stage and associated equipment shall be thoroughly inspected before use on each shift and defective equipment shall not be used.

             (2)  A swing stage that has been subjected to a sudden drop, contact with exposed energized electrical equipment or conductors, or shows signs of a structural failure shall be removed from service until certified safe for use by the manufacturer or a professional engineer.

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Fall protection - swing stage

   242. A worker on a swing stage which is 3 metres or more above grade or a safe lower landing, or where a fall from a lesser height may involve an unusual risk of injury, shall use a personal fall arrest system meeting the requirements of Part X secured to an anchor independent of the swing stage system.

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Boatswain's chairs

   243. (1) A boatswain's chair shall meet the requirements of the applicable CSA standard or be acceptable to a professional engineer.

             (2)  A boatswain's chair shall provide stable and adequate support for the user.

             (3)  A boatswain's chair shall be suspended from a parapet clamp, cornice hook, thrust-out beam or other solid anchorage having a working load limit at least equivalent to that of the suspension system for the boatswain's chair.

             (4)  A counter weight shall be

             (a)  positively secured to thrust outs; and

             (b)  tied back to an anchorage that is capable of withstanding 22 kilonewtons static load where a counter weight configuration has not been designed into the building.

             (5)  Where a boatswain's chair is supported by block and tackle

             (a)  the rope shall be synthetic fibre rope with a breaking strength of at least 22 kilonewtons;

             (b)  the rope shall be reeved through not less than one single lower block and one double upper block and secured to prevent the line from free running; and

             (c)  block hooks shall be moused, or otherwise secured against dislodgement.

             (6)  Fibre rope used to suspend a boatswain's chair other than with a block and tackle system shall be synthetic fibre rope having a breaking strength of at least 27 kilonewtons and of a type compatible for use with the rigging hardware in the suspension system.

             (7)  Wire rope used to suspend a boatswain's chair shall be a type recommended for that use by the rope manufacturer or a professional engineer and suitable for the hoist being used.

             (8)  A worker in a boatswain's chair which is 3 metres or more above grade or a safe lower landing, or where a fall from a lesser height may involve an unusual risk of injury, shall use a personal fall arrest system meeting the requirements of Part X independent of the boatswain's chair system.

             (9)  A boatswain's chair shall not be used where the suspension height exceeds 92 metres without the prior permission of the minister.

           (10)  A thorough inspection shall be made of a boatswain's chair and associated equipment before use each day and defective equipment shall not be used.

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Definitions

   244. For the purpose of sections 245 to 249

             (a)  "permanent powered platform" means a powered platform which is a permanent installation on a particular building or structure;

             (b)  "portable powered platform" means a powered platform any part of which is not permanently installed or attached to a particular building or structure and which may be removed and relocated elsewhere where required; and

             (c)  "powered platform" means a suspended swing stage which is raised or lowered by other than manual means.

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Permanent powered platforms

   245. A permanent powered platform shall meet the requirements of CSA Standard CAN3-Z271 "Safety Code for Suspended Powered Platforms" or other standard acceptable to the minister and shall be of a design and construction certified by a professional engineer.

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Portable powered platforms

   246. (1) A portable powered platform shall meet

             (a)  the requirements for a swing stage regarding suspension, construction and use of fall protection; and

             (b)  the requirements of CSA Standard CAN3-Z271 "Safety Code for Suspended Powered Platforms" for hoist units and controls.

             (2)  Where a portable powered platform is raised and lowered by 2 separately controlled hoists operated by a single occupant on the platform, the controls shall be located so that they can be used simultaneously by the occupant.

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Fall protection - powered platform

   247. (1) Except as permitted by subsection (2), where a powered platform is 3 metres or more above a grade or a safe lower landing or where a fall from a lesser height may involve an unusual risk of injury, a worker on the platform shall use a personal fall arrest system meeting the requirements of Part X secured to an anchor independent of the powered platform system.

             (2)  A worker supported on a permanent powered platform having 4 or more suspension ropes shall be attached to a secure anchorage on the platform by means of a personal fall arrest system and the installation shall meet the requirements of CSA Standard CAN3-Z271 "Safety Code for Suspended Powered Platforms" or other standard acceptable to the minister.

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Maintenance and operating records

   248. Records of inspection and maintenance shall be maintained for 5 years by the operator and another person inspecting and maintaining a permanent powered platform.

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Window cleaning

   249. A window cleaning operation shall be conducted in accordance with the requirements of CSA Standard CAN/CSA -Z91 "Health and Safety Code for Suspended Equipment Operations" or other standard that the minister may consider appropriate.

PART XII
POWERED MOBILE EQUIPMENT

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Definitions

   250. In this Part

             (a)  "mobile equipment" means a wheeled or tracked vehicle which is engine or motor powered, together with attached or towed equipment, but does not include a vehicle operated on fixed rails or tracks;

             (b)  "no significant hazard of rollover" means an area in which there are no grades exceeding 10%, no operating areas with open edges, and no open ramps, loading docks, ditches or other similar hazards which may cause a rollover; and

             (c)  "specific location" means a yard, plant or other clearly defined and limited area in which mobile equipment is operated, but does not include a entire municipality, district, transient forestry operation or construction site.

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Operation and maintenance

   251. (1) Mobile equipment shall be maintained in safe operating condition and operation, inspection, repair, maintenance and modification shall be carried out in accordance with the manufacturer's instructions or, in the absence of instructions, as approved by a registered professional engineer.

             (2)  Servicing, maintenance and repair of mobile equipment shall be done

             (a)  when the equipment is not in operation; or

             (b)  when the equipment is in operation, where continued operation is essential to the process and a safe means is provided.

             (3)  The design, fabrication, use, inspection and maintenance of mobile equipment shall meet the requirements of the following applicable standard or other standards acceptable to the minister:

 

Equipment

Applicable Standard

Mobile and Locomotive Cranes

CSA Standard Z150, "Safety Code for Mobile Cranes"

Vehicles with Mounted Aerial Devices (except fire-fighting equipment)

CSA Standard C225 "Vehicle-Mounted Aerial Devices"

Vehicles with Mounted Aerial Devices (fire fighting equipment)

NFPA 1911 "Standard for Inspection, Maintenance, Testing and Retirement of In-Service Automotive Fire Apparatus, 2007 Edition"

Safety and Hazard Warnings

ISO Standard 9244:1995 "Earth moving machinery -- safety signs and hazard pictorials -- General principles

Lift Truck and Associated Operator training

CSA Standard B335 "Safety Standard for Lift Trucks"

             (4)  Maintenance and inspection records shall be maintained and made reasonably available to the operator and maintenance personnel during work hours.

             (5)  Mobile equipment used off maintained roads shall be appropriate and safe for the intended use taking into account factors including the nature of the travel surface and its slope and the activities to be undertaken.

             (6)  Adequate and approved fire suppression equipment shall be provided where required by the minister.

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Competency and testing operators

   252. (1) A person shall not operate mobile equipment unless he or she

             (a)  has received adequate instruction and has demonstrated to a supervisor or instructor that he or she is a competent equipment operator;

             (b)  has been authorized to operate mobile equipment;

             (c)  is familiar with the operating instructions for particular equipment before he or she attempts to operate it; and

             (d)  has, where required to operate an air brake equipped vehicle, evidence of successful completion of a course on air brake systems issued by an organization acceptable to the minister.

             (2)  Subsection (1) does not apply where a trainee operates the equipment under the supervision of a qualified instructor or supervisor as authorized by the employer.

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Operator's responsibility

   253. (1) The operator of mobile equipment shall operate the equipment safely, maintain full control of the equipment, and comply with the laws governing the operation of the equipment.

             (2)  The operator of mobile equipment shall ensure that a worker is not in close proximity to the swing radius of the equipment while it is in operation.

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Supervisor's responsibility

   254. A supervisor shall not knowingly operate, or permit a worker to operate, mobile equipment which is, or which could create, an undue hazard to the health or safety of a person, or which is in violation of these regulations.

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Warning signal device

   255. (1) Mobile equipment shall be equipped with an audible warning signal device as follows:

             (a)  where the mobile equipment is capable of a forward speed exceeding 8 kilometres an hour;

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

             (c)  where the mobile equipment is not capable of speeds greater than 8 kilometres an hour, the minister may, in exceptional circumstances, order the use of an audible warning device.

             (2)  Where an audible warning device referred to in subsection (1) cannot be clearly heard or identified above the noise of other equipment or surrounding noise, another warning device or measure shall be utilized.

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Lights

   256. (1) Mobile equipment used during the period from 1/2 hour after sunset to 1/2 hour before sunrise, or when a person or vehicle is not clearly discernible at a distance of 150 metres shall have and use light to adequately illuminate

             (a)  the direction of travel;

             (b)  the working area about the mobile equipment; and

             (c)  the cab instruments.

             (2)  A headlight and backing light required by paragraph (1)(a) shall meet the requirements of Society of Automotive Engineers (SAE ) J1029 MAR 86 "Lighting and Marking of Construction and Industrial Machinery".

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Rear view mirrors

   257. (1) Mobile equipment shall have a mirror providing the operator with an undistorted reflected view to the rear of the mobile equipment or combination of mobile equipment, except as provided in subsection (2).

             (2)  Where necessary to improve rear vision, a combination of parabolic and flat mirrors may be used.

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Load handling attachments

   258. Buckets, forks, booms, hoists and other load handling attachments shall only be installed on mobile equipment as specified by the equipment manufacturer or where certified by a professional engineer for use on the equipment.

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Load ratings

   259. (1) Mobile equipment designed and used for lifting, hoisting or similar operations shall have a permanently affixed notation, legible and visible to the operator, stating the rated load of the equipment.

             (2)  A load chart shall be displayed in the operator's cab where the rated load varies with the reach of the equipment.

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Operative protective structures

   260. (1) An equipment operator shall be protected against falling, flying or intruding objects or materials by means of a suitable cab, screen, grill, deflector or guard that meets the design criteria of the Society of Automotive Engineers applicable recommended practice.

             (2)  A worker shall not remain in the cab of a vehicle while loads are elevated over the cab unless the cab is protected by an adequate overhead guard.

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Rollover protective structures

   261. (1) The following types of mobile equipment weighing 700 kilograms or more shall have rollover protective structures ("ROPS"):

             (a)  crawler tractors, dozers, loaders and skidders;

             (b)  wheeled tractors, dozers, loaders and skidders;

             (c)  motor graders;

             (d)  self-propelled wheel scrapers;

             (e)  agricultural and industrial tractors;

              (f)  compactors and rollers; and

             (g)  self-propelled rock drills moved by an on-board operator.

             (2)  The minister may require a rollover protective structure to be installed on mobile equipment, other than mobile equipment referred to in subsection (1), where the design of the equipment or circumstances of use indicate the need.

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Rollover protective structure standards

   262. A rollover protective structure shall meet the requirements of one of the following applicable standards or other standard acceptable to the minister:

             (a)  CSA Standard B352.0-95 "Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial, and Mining Machines -- Part 1: General Requirements",

                      (i)  CSA Standard B352.1-95 "Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial, and Mining Machines -- Part 2: Testing Requirements for ROPS on Agricultural Tractors", or

                     (ii)  CSA Standard B352.2-95 "Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial, and Mining Machines -- Part 3: Testing Requirements for ROPS on Construction, Earthmoving, Forestry, Industrial, and Mining Machine";

             (b)  Society of Automotive Engineers (SAE ) Standard J1040 MAY 94 "Performance Criteria for Rollover Protective Structures (ROPS) for Construction, Earthmoving, Forestry, and Mining Machines"; and

             (c)  ISO Standard 3471: 1994 "Earth-moving Machinery -- Rollover Protective Structures -- Laboratory Tests and Performance Requirements".

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Rollover protective structure certification

   263. (1) A rollover protective structure shall be certified by the manufacturer or a professional engineer as meeting a standard specified in section 262 .

             (2)  An addition, modification, welding or cutting on a rollover protective structure shall be done in accordance with the instructions of, and be recertified by, the manufacturer or a professional engineer.

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Rollover protective structure identification

   264. (1) The following information shall be permanently marked upon a rollover protective structure:

             (a)  the name and address of the manufacturer or the professional engineer who certified the rollover protective structure;

             (b)  the model number or other effective means of identifying the machine for which the rollover protective structure was designed;

             (c)  the serial number or other unique means of identifying the rollover protective structure;

             (d)  the maximum weight of the machine for which the rollover protective structure was designed; and

             (e)  the standard to which the rollover protective structure conforms.

             (2)  A modified rollover protective structure shall be permanently marked with the following information:

             (a)  an identification of the modifications effected;

             (b)  the date of recertification; and

             (c)  the name and address of the recertifying engineer.

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Effect of rollover protective structure on visibility

   265. A rollover protective structure or other structure required by this Part for the protection of the operator shall be designed and installed to provide an adequate view to allow the operator to safely use the machine.

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Seating and standard requirements

   266. (1) A well designed and constructed, safely located and securely mounted seat and seat belt or other safe facilities shall be provided for the operator of powered mobile equipment and a passenger.

             (2)  Safe facilities for an equipment operator, referred to in subsection (1), shall include:

             (a)  footboards or platforms upon which the workers stand or sit, located to protect workers from accidental contact; and

             (b)  handholds; or

             (c)  safety-belts, harnesses, guardrails or other effective means of restraint.

             (3)  Subsection (1) does not apply to mobile equipment designed to be controlled by an equipment operator in a standing position.

             (4)  Where mobile equipment is equipped with seat belts, in conformity with these regulations or other applicable federal or provincial legislation, the installations shall be maintained and they shall be worn by the equipment operator and passengers at all times while the equipment is in motion, or when operated in a stationary mode.

             (5)  Where a road grader is operated with cab doors open, and the equipment operator is necessarily in a standing position and unable to comply with subsection (4), additional restraining devices approved by the minister shall be installed and used to prevent occupants from falling from the cab.

             (6)  Where an equipment operator is required to operate in a standing position, there shall be protection provided equivalent to the protection required under subsection (5) in the form of a restraining harness designed to prevent the equipment operator being thrown from the cab in a roll-over situation, but the restraining harness shall have a quick release device.

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Start of shift inspection

   267. (1) An operator shall inspect the mobile equipment before the start of operation on the shift and after that where required to ensure the safe operating condition of the equipment and a defect or other condition affecting the safe operation of the equipment shall be reported immediately to the supervisor or employer.

             (2)  A repair or adjustment necessary for the safe operation of the equipment shall be made before the equipment is used.

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Securing tools and equipment

   268. An operator shall maintain the cab, floor and deck of mobile equipment free of material, tools or other objects which could create a tripping hazard, interfere with the operation of controls, or be a hazard to the operator or other occupants in the event of an accident.

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Unattended equipment

   269. An operator of mobile equipment shall not leave the controls unattended unless the equipment has been secured against inadvertent movement, including by setting the parking brake, placing the transmission in the manufacturer's specified park position and by chocking wheels where necessary, and buckets and blades shall be landed in a safe position before equipment controls are left unattended.

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Securing elevated loads

   270. (1) An elevated load, part, extension or machine, shall not be left unattended by an operator unless it has been immobilized and secured against inadvertent movement.

             (2)  Where a worker is required to work beneath an elevated part of mobile equipment, the elevated part shall be securely blocked.

             (3)  An hydraulic or pneumatic jack shall not be used for blocking unless it has been fitted with a device to prevent collapse in the event of loss of hydraulic or pneumatic pressure.

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Swinging equipment

   271. Where the swinging movement of a load, cab, counterweight or other part of mobile equipment creates a hazard, a worker shall not be within range of the swinging load or equipment, and the operator shall not move the equipment when a worker is so exposed.

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Obstructed view

   272. Where a mobile equipment operator's view of the work area is obstructed, the operator shall not move the equipment until precautions have been taken to protect the operator and another worker from injury, including

             (a)  immediately before the movement, the inspection by the operator on foot of the area into which the equipment is being moved;

             (b)  direction by a signaller

                      (i)  stationed in a safe position in continuous view of the operator,

                     (ii)  having an unobstructed view of the area into which the equipment is being moved, and

                    (iii)  not being otherwise occupied while the equipment is in motion; or

             (c)  direction by a traffic control or warning system.

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Guy lines

   273. (1) Guy lines passing over travelled roads shall be rigged at a sufficient height to clear all traffic.

             (2)  Guy lines which are not at sufficient height to clear all traffic shall be clearly identified in accordance to standards acceptable to the minister.

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Pedestrian and equipment traffic

   274. (1) Where practicable, designated walkways shall be used to separate pedestrian traffic from areas of operation of mobile equipment.

             (2)  Where it is impracticable to provide designated walkways, adequate safe work procedures to minimize the possibility of collision shall be used in hazardous work areas, including

             (a)  use of a traffic control system;

             (b)  enforcement of speed limits for mobile equipment; and

             (c)  a requirement for the pedestrian and the mobile equipment operator to acknowledge each other's presence before the pedestrian proceeds through the hazardous area; or

             (d)  other effective means.

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Securing loads

   275. (1) When material or equipment is being transported, it shall be loaded or secured to prevent movement of the load which could create a hazard to workers.

             (2)  To protect the crew of a vehicle transporting a load which may shift on rapid deceleration, a means of load restraint shall be provided that

             (a)  prevents significant load shift relative to the carrier under emergency stopping conditions; and

             (b)  meets a standard acceptable to the minister.

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Restraint for cylindrical objects

   276. Cylindrical objects transported on their sides shall be effectively restrained against inadvertent movement.

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Lift truck loads

   277. (1) A unitized load transported on a lift truck shall not project a distance greater than half its height above the fork carriage, back rest or back rest extension of the lift truck.

             (2)  No part of a load comprised of loose objects may project above the fork carriage, back rest or back extension of a lift truck.

             (3)  A load which could shift during transportation shall be restrained where shifting would result in the instability of the load or the lift truck.

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Tire installation

   278. (1) An employer shall

             (a)  establish and implement safe work procedures for servicing mobile equipment, tires, rims and wheels, including

                      (i)  inspecting tire, rim and wheel components,

                     (ii)  mounting a tire to the rim and wheel, and inflating a tire,

                    (iii)  installing and removing tire assemblies from mobile equipment, and

                    (iv)  demounting tires from the rim and wheel assemblies; and

             (b)  ensure that tire limits are not exceeded.

             (2)  A worker assigned to work on tires, rims and wheels shall be trained in and follow the safe work procedures established under subsection (1).

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Equipment and procedures

   279. (1) A tire shall be deflated before demounting, and deflation shall be done in an area where ignition sources are controlled or removed.

             (2)  A tire, rim and wheel part shall be cleaned and inspected for damage before mounting, and a cracked, broken, bent or otherwise damaged part replaced.

             (3)  A tire shall be inflated using a remote chuck with a sufficient length of hose and an inline, hand operated valve with a gauge so the worker is outside the likely trajectory should wheel components separate during inflation.

             (4)  A tire mounted on a multipiece rim wheel shall be placed in a cage or other restraining device when it is being inflated.

             (5)  Where a bead expander is used to seat the beads of a tire, it shall be removed before the tire is inflated to more than 34.5 kPa (5 psi).

             (6)  Welding or heating on an assembled rim or wheel part is not permitted, except that limited heating to facilitate removal of a wheel from a hub is acceptable after the tire has been deflated by removing the valve core.

             (7)  A tire on a multipiece rim wheel shall be deflated to atmospheric pressure by removing the valve core or by other effective means before demounting, and in the case of a dual wheel arrangement, both tires shall be deflated to atmospheric pressure before a wheel nut is loosened.

             (8)  Multipiece rim and wheel components shall not be interchanged except as permitted by rim/wheel charts from the appropriate rim/wheel manufacturer.

             (9)  A multipiece rim wheel which has been used at less than 80% of the recommended inflation pressure for that application shall be deflated, disassembled and inspected before reinflation.

PART XIII
TRANSPORTATION OF WORKERS

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Application

   280. This Part applies to all persons, including the operator, engaged in transporting a worker by a vehicle operated on behalf of the employer except for the transportation of a worker by

             (a)  a public transportation system including a taxi, bus line, chartered air service or airline; or

             (b)  personal transport of the worker on public roads before or following a work shift.

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Seat belts

   281. (1) Where reasonably practicable, a vehicle used to transport workers shall have seats with full seat backs.

             (2)  A seated worker shall wear a seat belt while being transported in a vehicle equipped with seat belts and the number of workers being transported shall not exceed the number of seat belts available in the vehicle.

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Securing equipment

   282. (1) Materials, goods, tools or equipment carried in a portion or compartment of a vehicle in which a worker is riding shall be located and secured to prevent injury.

             (2)  Materials, goods, tools or equipment regularly carried in a vehicle in which a worker is riding shall be transported in a designated area in the vehicle.

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Hazardous materials

   283. Where a volatile, flammable or otherwise hazardous material is transported in a vehicle transporting workers, it shall be carried in an isolated compartment that is

             (a)  accessible only from the outside of the vehicle, securely fastened and fitted with adequate ventilation and drainage facilities; or

             (b)  where internal to the vehicle, separated from the crew compartment by an approved firewall.

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Passenger compartments

   284. An enclosed portion or compartment of a vehicle in which a worker is transported shall be provided with

             (a)  effective ventilation, independent of doors, providing clean air;

             (b)  adequate lighting and means for heating and cooling;

             (c)  an effective means of communication between the operator and the passengers; and

             (d)  more than one means of egress.

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Boarding and leaving

   285. A worker shall not board or leave a vehicle while it is in motion, except in case of an emergency.

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Seating design

   286. A vehicle used to transport workers shall be equipped with seats that

             (a)  are safely located and securely attached to the vehicle with a width of at least 41 centimetres for each passenger and an upholstered seat and seat back which provide normal and comfortable seating for passengers;

             (b)  face to the front or the rear of the vehicle, unless installed otherwise by the vehicle manufacturer; and

             (c)  provide a spacing of at least 66 centimetres measured between the face of the seat back at seat level and the back of the seat or other fixed object in front.

PART XIV
CRANES, HOISTS AND OTHER LIFTING EQUIPMENT

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Definitions

   287. In this Part

             (a)  "anti-two block device" means a device that, when activated, disengages all crane functions whose movement may cause two-blocking; and

             (b)  "safe working load" means the load a crane or hoist may safely lift in a particular situation, taking into account factors including wind load, extremes of temperature and load sail area, which load may be equal to or less than the rated capacity or rated load.

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Cranes, derricks and hoists

   288. Except as otherwise provided in these regulations, a crane, derrick, hoist and similar equipment shall be designed, constructed, erected, maintained, operated, inspected, disassembled and modified as specified by the manufacturer to meet the requirements of

             (a)  the applicable CSA standard;

             (b)  a professional engineer; or

             (c)  other standard acceptable to the minister.

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Identification

   289. (1) A crane or hoist shall be permanently identified by the legible display of the manufacturer's name, model and serial number on the structure.

             (2)  Each major interchangeable structural component of a crane or hoist shall be legibly marked to identify compatibility with the crane or hoist, and be uniquely identified.

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Rated capacity

   290. (1) The rated capacity of a crane or hoist shall not be exceeded.

             (2)  The safe working load as determined by

             (a)  the original manufacturer of the equipment;

             (b)  a professional engineer; or

             (c)  other persons with qualifications acceptable to the minister

shall not be exceeded.

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Rated capacity indication

   291. (1) The rated capacity of a crane or hoist shall be permanently indicated on the superstructure, hoist and load block of the equipment.

             (2)  Notwithstanding subsection (1), rated capacity indication shall not be required where it is affected by

             (a)  the vertical or horizontal angle of a boom or jib;

             (b)  the length of a boom or jib;

             (c)  the position of a load supporting trolley; or

             (d)  the use or position of outriggers to increase the stability of the structure.

             (3)  Where the rated capacity is affected by a factor set out in paragraph 287 (b), a legible load chart, showing the rated capacity in all permitted working positions and configurations of use shall be

             (a)  permanently posted on the equipment; or

             (b)  issued to the equipment operator, who shall have the legible load chart available at all times when operating the equipment.

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Boom angle indicator

   292. A crane or hoist with a boom movable in the vertical plane shall be equipped with a device to indicate the boom angle where the rated capacity is affected by the boom angle, and the device shall be readable by the operator at the control station.

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Boom extension and load radius indicators

   293. A crane or hoist shall have a means or device to indicate the boom extension or load radius where the rated capacity of the equipment is affected by boom extension or load radius.

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Support structure

   294. The rated capacity of a hoist shall not exceed the capacity of the structure supporting the hoist.

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Manual

   295. (1) The manufacturer's manual for a crane or hoist shall be reasonably available at the workplace where the equipment is being used.

             (2)  The manual referred to in subsection (1) shall show the approved methods of erection, dismantling, maintenance and operation of the component parts and of the assembled crane or hoist.

             (3)  The portions of the manufacturer's manual, or a copy of them, related to safe operation of the crane or hoist shall be available at the workplace where the equipment is being used.

             (4)  A crane or hoist shall not be used in a manner other than that referred to in the manual referred to in subsection (1) unless that use has been approved by the manufacturer or by a professional engineer, and the modifications and deviation shall be recorded in the manual.

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Inspection and maintenance

   296. (1) A crane or hoist shall be maintained in accordance with the manufacturer's specifications and the applicable CSA standard and inspected at a frequency and to the extent required to ensure that each component is capable of carrying out its original function with an adequate margin of safety.

             (2)  A crane or hoist shall not be used until a condition that could endanger workers is remedied.

             (3)  A repair to a load bearing component of a crane or hoist shall be certified by a professional engineer or the original equipment manufacturer as having returned the component to a condition capable of carrying out its original design function with an adequate margin of safety.

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Inspection and maintenance records

   297. (1) A log book or other record shall be provided and maintained for a crane, derrick or similar hoisting equipment showing the maintenance history and structural modification and inspection of the equipment.

             (2)  The log book or record referred to in subsection (1) shall be available at all times to the operator and to a worker concerned with the maintenance and safe operation of the equipment, and that worker shall be responsible for recording defects, operating difficulties, and the need for maintenance and all maintenance and modification work performed.

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Certification

   298. Before a crane or hoist is placed in service, a professional engineer shall inspect, proof test and certify in writing the rated capacity of a crane or hoist in accordance with criteria established by the manufacturer or applicable design or safety standard where

             (a)  the equipment is new;

             (b)  the origin or rated capacity of the equipment cannot be determined;

             (c)  the continued safe use of the equipment cannot be assured due to its age or history;

             (d)  repairs or modifications have been made to load carrying components;

             (e)  modifications have been made which affect the rated capacity; or

              (f)  the crane or hoist has been in contact with an electric arc or current.

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Audible warning

   299. An effective audible warning signal device shall be installed on a crane, derrick or other hoisting equipment where accidental contact with, or inadvertent release of, the load could injure a worker or cause damage to equipment.

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Molten metal

   300. A crane or hoist that handles molten metal shall have 2 holding brakes on the hoist mechanism.

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Two-block protection

   301. (1) On a telescopic and conventional boom crane, an anti-two-block device shall be provided for all parts of two-blocking which is capable of preventing damage to the hoist rope, boom-tip sheaves and to other machine components when hoisting the load, extending the boom or lowering a boom on a machine that has a stationary winch mounted to the rear of the boom hinge.

             (2)  The anti-two-block device referred to in subsection (1) shall prevent contact between the travelling block or headache ball and the boom tip.

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Sheave guards

   302. A running line sheave on a crane or hoist shall be equipped with a device to retain the rope in the sheave groove.

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Ungrounded supply

   303. An electric crane or hoist shall be grounded appropriately.

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Controls

   304. (1) A control on a crane or hoist shall have its function clearly identified and be maintained in good condition.

             (2)  Controls for a crane or hoist that are not operated from a cab shall be located to provide a safe distance between the operator and the load being lifted.

             (3)  A pendant control for a crane or hoist shall be supported independently from its electrical conductors.

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Operator protection

   305. The operator of a crane or hoist shall be protected against hazardous conditions, including falling or flying objects, swinging, and excessive heat or cold that could adversely affect the health or safety of the operator.

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Cab windows

   306. (1) A cab window on a mobile crane shall be made of safety glazing material that meets the requirements of ANSI /SAE Z26.1 "American National Standard for Safety Glazing Materials for Glazing Motor Vehicles and Motor Vehicle Equipment Operating on Land Highways - Safety Code".

             (2)  A cab window on a crane or hoist which is not a mobile crane may be made of laminated glass, tempered glass, wired glass or clear polycarbonate plastic.

             (3)  An operator's cab window shall be kept clear and provide an unobstructed field of vision toward the load hook and shall have functional window wipers.

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Storage

   307. (1) The cab of a crane or hoist shall be kept free of unnecessary tools, material and equipment.

             (2)  Adequate storage facility shall be provided where it is necessary to keep tools or equipment in the operator's cab of a crane or hoist.

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Fire extinguisher

   308. A fire extinguisher with at least a 10 BC rating shall be immediately available in the cab of each crane.

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Operator qualifications

   309. (1) A crane or hoist shall only be operated by a qualified person who has been authorized to operate the equipment.

             (2)  An operator of a crane shall have an appropriate trade qualification valid in the province or be an apprentice indentured in the appropriate trade in the province, or have equivalent qualifications as determined by the Industrial Training Division of the Department of Education after the following dates:

             (a)  for a mobile crane operator, other than a boom truck operator, after January 1, 2011 ;

             (b)  for a tower crane operator in the construction industry, after January 1, 2011 ; and

             (c)  for an operator of a boom truck with a rated capacity of more than 10 tonnes, after January 1, 2012 .

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Shift inspection

   310. (1) An operator shall inspect the crane or hoist at the beginning of each shift and shall test control and safety devices in accordance with the manufacturer's specifications and the applicable safety code and regulations.

             (2)  A defect found by an operator during the inspection referred to in subsection (1) or during the use of the crane or hoist shall be:

             (a)  recorded in the inspection and maintenance record log; and

             (b)  reported to the supervisor who shall determine the course of action to be taken.

             (3)  Where a defect affects the safe operation of the crane or hoist, the equipment shall not be used until the defect has been remedied.

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Load weight

   311. (1) The weight of a load to be hoisted by a crane or hoist shall be determined by the equipment operator and communicated to a worker involved in the hoisting operation.

             (2)  Where the weight of a load cannot be determined, the crane or hoist to be used for the lift shall have either a load weight indicator or a load limiting device.

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Calibration

   312. A load weighing device, including a load movement indicator, on a crane or hoist shall be calibrated in accordance with the manufacturer's specifications or at more frequent intervals and the date of calibration shall be recorded in the inspection and maintenance records system.

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Unsafe lift

   313. An operator of a crane or hoist shall not attempt to move a load where he or she has reason to doubt that the load can be safely handled.

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Swing hazards

   314. A worker shall not remain within range of the swing of the load or equipment where the swing movement of the load, cab, counterweight or another part of the crane or hoist creates a hazard and the operator shall not move the equipment when a worker is so exposed.

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Position of equipment

   315. (1) Equipment shall be positioned so that no moving part of the equipment comes within 60 centimetres of an obstruction in an area accessible to workers.

             (2)  Where the clearance required under subsection (1) cannot be provided, entry to an area referred to in subsection (1) shall be prevented by barriers or other effective means.

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Multiple crane lift

   316. (1) A multiple crane lift shall be under the direction of a competent supervisor who shall be responsible for the safe conduct of the operation.

             (2)  A written procedure shall be prepared for a multiple mobile crane lift where the load on a crane exceeds 75% of its rated capacity or where other factors make the lift complex.

             (3)  A written procedure shall be prepared for a lift in which 3 or more cranes are used at one time to hoist a load.

             (4)  Multiple crane lift procedures shall address rigging details, wind speed, hoist line speed, crane travel speed, load distribution and other considerations that may be necessary.

             (5)  The procedures for a multiple crane lift referred to in subsection (2) shall be communicated to all persons involved before hoisting operations are commenced by the supervisor.

             (6)  A means of effective communication shall be established and maintained between all persons involved during a multiple crane lifting operation.

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Travelling with a load

   317. (1) Where an operator is travelling with a load, the operator shall ensure that the load is carried as close to the ground or grade as possible and that it is rigged to control load swing.

             (2)  Where necessary, a worker designated as a signaller shall walk ahead of a moving load and warn workers to keep clear.

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Loads over work areas

   318. (1) An employer shall arrange work to prevent passing a load over workers wherever possible.

             (2)  A crane or hoist operator shall not pass a load over workers unless no practicable alternative exists and the lifting procedure has been communicated to all affected workers.

             (3)  A worker shall not stand or pass beneath a suspended load except as permitted under subsection (2).

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Unattended loads

   319. A load shall not be left suspended from the load hook of a crane or hoist when an operator is not at the controls.

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Hook position

   320. The hook or load block of a crane or hoist shall be positioned over the load to prevent side loading of the crane when the load is hoisted.

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Signals

   321. The operator of a crane or hoist shall act only on the directions of a designated and competent signaller where the operator does not have a clear and unobstructed view of the load hook and load throughout the whole range of the hoisting operation.

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Alternative to hand signals

   322. Two-way radio or other audio or video systems shall be used where distance, atmospheric conditions or other circumstances make the use of hand signals hazardous or impracticable.

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Dedicated radio system

   323. (1) A two-way radio system used to direct crane or hoist movement shall operate on a dedicated radio channel.

             (2)  Multi-channel radios shall not be permitted for use to direct crane or hoist movement.

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Unhooking loads

   324. A load on a crane or hoist shall be safely landed and supported, before being unhooked.

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Riding hook or load

   325. A worker shall not ride on a load, sling, hook or other rigging equipment.

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Induced voltage

   326. (1) Before a crane or hoist is operated near a source, including a radio transmitter or energized high voltage electrical equipment, capable of inducing an electric charge which may pose a hazard to workers

             (a)  the crane or hoist shall be effectively grounded;

             (b)  any induced electric charge shall be dissipated by applying grounding cables or by other effective means before the workers come into contact with the load; and

             (c)  all flammable materials shall be removed from the immediate work area.

             (2)  Paragraphs (1)(a) and (b) do not apply where work is being performed on a power system in accordance with Part XXVI.

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Uptravel limit

   327. (1) A bridge, gantry or other overhead travelling crane shall be equipped with a device that prevents hook travel beyond the safe upper limit at all design hoist speeds.

             (2)  The uptravel limit device required under subsection (1) shall be tested at the beginning of each shift, and the test results recorded in the equipment record system.

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Electrical conductors

   328. Electrical conductors for the bridge and trolley shall be located or guarded to prevent contact by workers.

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Power shutoff

   329. An electrically powered crane shall have a means for the operator to safely interrupt the main electric circuit under a load condition.

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Direction markings

   330. A bridge, gantry, or overhead travelling crane operated by a pendant or remote control shall have markings on the crane structure or building, visible to the operator, clearly indicating the direction of hook, bridge and trolley motions compatible with those marked on the controls.

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Manually powered hoists

   331. (1) A hand operated hoist shall be provided with a ratchet and pawl, load brake or other mechanism which shall hold the load at a desired height.

             (2)  A crank operated winch that is not fitted with automatic load brakes shall be provided with a means of preventing the crank-handle from slipping off the crank-shaft while hoisting.

             (3)  A crank handle shall be removed from the crank shaft before the load is lowered on the winches referred to in subsection (2).

             (4)  Subsections (2) and (3) do not apply where a crank handle have been replaced by permanently secured, smooth rimmed hand wheels.

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Cranes on floating supports

   332. (1) The rated capacity and allowable operating radius of a crane or boom truck designed for use on land shall be modified where it is used on a floating support, considering list and trim for each installation as specified by the crane manufacturer or a professional engineer.

             (2)  A mobile crane or boom truck equipped with outriggers, operating on a floating support, shall be supported on its outriggers during lifting operations unless the instructions required by subsection (1) specifically allow otherwise.

             (3)  Where a crane or boom truck is used on a floating support, a device to measure the list of the floating equipment shall be provided and be readable by the operator while in the operating position.

             (4)  A mobile crane or boom truck being used on a floating support shall be blocked and secured to prevent it shifting relative to the bearing surface of the floating support.

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Level turntable

   333. (1) A mobile crane or boom truck shall be operated with the turntable level, except as permitted by the manufacturer.

             (2)  Level indicating devices shall be provided to permit the operator to determine whether the crane turntable or boom truck frame is level within the limits specified by the manufacturer.

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Outriggers

   334. (1) Outrigger beams on a crane or boom truck shall be marked to indicate when the necessary extension has been achieved.

             (2)  Floats shall be secured to the outrigger jacks of a crane or boom truck when outriggers are used.

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Tires

   335. Mobile crane or boom truck tire type, condition and inflation shall be as specified by the manufacturer when lifting on rubber.

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Supporting surface

   336. (1) A mobile crane or boom truck shall only be used on a surface capable of supporting the equipment and a hoisted load without failure.

             (2)  Where a crane or hoist is used adjacent to an excavation, slope or backfilled area, a qualified person shall determine the location for the equipment for hoisting operations.

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Travelling with a load

   337. A mobile crane or boom truck may travel with a suspended load only where the crane manufacturer specifies load ratings for this operation.

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Boom inspection

   338. (1) A crane boom used for driving piles with a vibratory hammer shall be inspected in accordance with good engineering practice, and certified safe for continued use by a professional engineer at least every 3 months, and before being returned to lifting service.

             (2)  A crane boom used with a vibratory pile extractor or for dynamic compaction shall be inspected in accordance with good engineering practice, and certified safe for continued use by a professional engineer at least monthly, and before being returned to lifting service.

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Tower cranes

   339. (1) The foundation for support of a tower crane shall be certified by a professional engineer.

             (2)  The design of shoring and bracing to support a tower crane shall be certified by a professional engineer, and the shoring and bracing shall be constructed as specified by the design.

             (3)  Where a tower crane is supported partially or fully by, or connected to, a building or structure, the connections to and bracing or shoring of the building or structure necessary to support the tower crane shall be certified by a professional engineer.

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Verification before use

   340. (1) A tower crane erector shall verify that the crane has been erected according to the manufacturer's specifications before it is put in service.

             (2)  Where a tower crane is not erected according to the manufacturer's specifications a professional engineer shall certify that it is safe for use before the crane is put in service.

             (3)  Before a tower crane is used following repositioning of the mast, a professional engineer shall certify that the parts of the crane affected by the climbing process have been properly installed and required reshoring for and bracing to the supporting structure is in place.

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Identification

   341. The structural components of a tower crane shall be uniquely identified and that unique identification shall be used when referring to a structural component in reports for inspection and testing, and certifications for repairs and modifications.

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Structural inspection

   342. (1) Before erection of a tower crane, the structural components of the crane shall be

             (a)  inspected to determine their integrity by a qualified person using non-destructive testing (NDT) methods meeting the requirements of the Canadian General Standards Board (CGSB); and

             (b)  repaired where necessary and those repairs certified by a professional engineer as safe for use.

             (2)  Where a tower crane remains erected at a workplace for more than 12 months

             (a)  its structural components shall be inspected to determine their integrity by a qualified person using NDT methods meeting the requirements of the CGSB; and

             (b)  after the inspection required by paragraph (a), the crane, including necessary repairs, shall be certified by a professional engineer as safe for use.

             (3)  The inspection and certification of a tower crane scheduled to be dismantled within 15 months of erection may be delayed until before the next erection of the crane.

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Structures kept clean

   343. A tower crane structure shall be kept clean and free of concrete and other debris that may hinder inspection and the base area shall be clear of debris and the accumulation of water.

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Communication

   344. A tower crane operator shall have an effective two-way voice communication with another tower crane or equipment operator where contact between the tower crane and another tower crane or equipment operator could occur.

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Wind limitations

   345. In the absence of the manufacturer's specifications for maximum permitted wind speed during crane operation, the maximum allowable wind speed in which a tower crane may be used is 50 kilometres an hour measured at the operator's cab, or less where a load cannot be handled safely because of wind.

PART XV
RIGGING

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Definitions

   346. In this Part

             (a)  "design factor" means the theoretical reserve capability of a product, usually determined by dividing the breaking strength by the working load limit; and

             (b)  "rigging" means fibre ropes, wire ropes, chains, slings, attachments, connecting fittings and associated components.

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Qualified riggers

   347. Rigging and slinging work shall be done by or under the direct supervision of a qualified worker familiar with the rigging to be used and with the code of signals acceptable to the minister for controlling hoisting operations.

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Use of rigging

   348. The load applied to rigging or a rigging assembly shall not exceed the working load limit (WLL ).

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Component identification

   349. (1) Rigging fittings shall be marked with the manufacturer's identification, product identifier and the working load limit or sufficient information to readily determine it.

             (2)  The working load limit of existing fittings not identified as required by subsection (1) shall be determined by the manufacturer or a professional engineer.

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Design factors

   350. (1) Except as otherwise specified in these regulations, the design factor based on breaking strengths for a rigging component shall be at least equal to the values given in the following table:

 

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Component

Design Factor

Nylon fibre rope sling

9

Polyester rope sling

9

Polypropylene rope sling

9

Alloy steel chain sling

4

Wire rope sling

5

Metal mesh sling

5

Synthetic web sling

5

Chain fittings

5

Wire rope sling fittings

5

Other fittings

as specified by manufacturer

Nonrotating wire rope

as specified by manufacturer but not less than 5

Conventional wire rope

5

             (2)  The design factor for a rigging assembly used to support a worker shall be at least 10.

Natural fibre rope

   351. Natural fibre rope shall not be used for hoisting.

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Wedge socket connections

   352. Where a wedge socket is used as a wire rope termination, the dead end of the rope shall be secured to prevent release of the wedge or rope slippage at the socket.

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Open hook restriction

   353. (1) An employer shall ensure that a hook has a safety latch, mousing or shackle where the hook could cause injury if it is dislodged while in use.

             (2)  Notwithstanding subsection (1), where a competent worker disconnecting the hook would be in danger if the hook has a safety latch, mousing or shackle, the employer may use another type of hook.

             (3)  Notwithstanding subsection (1), an employer may use a sorting hook for hoisting a skeleton steel structure or for performing similar operations where a sorting hook is safer to use than a hook with a safety latch, mousing or shackle.

             (4)  During a hoisting operation in a caisson, an employer

             (a)  shall not use a spring loaded safety latch hook; and

             (b)  shall use a shackle assembly consisting of a pin fully shouldered into the eyes of the shackle and secured by a nut that is prevented from rotating by a cotter pin.

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Securing pins

   354. (1) A shackle-pin, heel-pin and similar device shall be secured against dislodgement.

             (2)  The pin in a screw-pin type shackle shall be wired or otherwise secured against rotation when used in applications that may cause the pin to loosen.

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Replacing pins

   355. A shackle-pin shall not be replaced with a bolt or other makeshift fitting.

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Securing ropes to drums

   356. (1) A rope shall be secured to its winding drum, unless the line is required to automatically disengage from the drum.

             (2)  A rope shall not be fastened to a drum by a knot tied in the rope.

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Wraps required

   357. At least 3 full wraps of rope shall remain on winding drums where the load hook is in the lowest position.

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Sheaves

   358. A sheave shall be

             (a)  correctly sized for the rope;

             (b)  equipped with a device to retain the rope within the groove; and

             (c)  removed from service where it has a damaged groove or flange.

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Guylines

   359. (1) The strength of each guyline and its anchor shall exceed the breaking strength of the load-line rigging arrangement.

             (2)  A guyline anchor shall be placed so that the interior angle between the guyline and the horizontal plane does not exceed 45 degrees.

             (3)  Guylines shall be arranged so that the hoisting line pull in any direction is shared by 2 or more guys.

             (4)  Guylines and anchor systems, where certified by a professional engineer, may deviate from the requirements of subsections (1) to (3).

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Spooling tape

   360. (1) A worker shall not use his or her hands or feet or a hand-held object to guide the rope when spooling the rope onto a drum.

             (2)  Notwithstanding subsection (1), in an emergency a worker may use a steel guide bar of acceptable design to guide the rope onto the drum but the line speed shall be kept as low as practicable and the worker shall be positioned to be clear of the drum.

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Termination efficiencies

   361. Except as otherwise permitted by the manufacturer, the working load limit shall be reduced in accordance with the efficiency rating for the type of termination specified as follows:

 

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Wire rope clips

   362. (1) Where a manufacturer's specifications for installing and using wire rope clips cannot be determined, the number of clips and the installation torque shall be in accordance with the following table:

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Diameter of rope

(millimetres)

Number of clips

Spacing between clips

(centre to centre in millimetres

Torque

(newton metres)

6

2

38

20

8

2

51

41

10

2

57

61

11

2

64

88

13

3

76

88

16

3

102

129

19

4

114

176

22

4

133

305

25

4

152

305

29

5

178

305

32

5

203

488

38

6

229

488

44

7

267

630

51

8

305

881

54

8

330

881

57

8

356

881

Restriction on foldback eyes

   363. (1) A wire rope termination using a swaged fold back eye shall be identified with a serial number or other unique identification code and proof-tested before being placed in service and a record of the proof test shall be kept available for the service life of the termination.

             (2)  A swaged fold back eye termination shall be identified with the working load limit.

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Slings standards

   364. Except where otherwise required by these regulations, wire rope, alloy steel chain, metal mesh, synthetic fibre rope and synthetic fibre web slings shall meet the requirements of ASME B30.9-1990, "Slings".

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Inspection before use

   365. Slings and attachments shall be visually inspected before use and defective equipment shall be immediately removed from service.

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Storage

   366. A sling shall be stored to prevent damage when not in use.

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Knots

   367. A sling with a knot shall not be used.

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Sharp edges

   368. Where a sling is applied to a sharp edge of a load, the edge or the sling shall be protected to prevent damage to the sling.

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Slinging loads

   369. (1) A sling shall be selected and used to prevent slipping or overstressing the sling or the load.

             (2)  A load consisting of 2 or more pieces of material over 3 metres long shall be slung using a 2-legged sling arrangement that is positioned to keep the load horizontal during the lift and each sling shall be choked around the load with a double wrap.

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Multiple piece lifts

   370. For each multiple piece lift,

             (a)  each member of the lift that is being delivered to a different spot shall be independently slung back to the main load hook or master link using graduated length slings;

             (b)  a lifted member shall not support another lifted member; and

             (c)  a crane equipped with power controlled lowering shall be used.

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Below-the-hook lifting devices

   371. (1) A spreader bar or other specialized below-the-hook lifting devices shall be constructed, inspected, installed, tested, maintained and operated in accordance with the requirements of ASME B30.20-1993 "Below-the-Hook Lifting Devices" and its working load limit shall be certified by a professional engineer or established by its manufacturer.

             (2)  A spreader bar or specialized below-the-hook lifting device shall display a nameplate or other permanent marking showing the

             (a)  manufacturer's name and address;

             (b)  serial number;

             (c)  weight of the device where it weighs more than 45 kilograms; and

             (d)  working load limit.

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Part of lifted load

   372. A spreader bar and other specialized below-the-hook lifting device shall be considered part of the lifted load.

PART XVI
TRAFFIC CONTROL

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Traffic control

   373. (1) For the purpose of this Part, "traffic control" includes

             (a)  patrol vehicles;

             (b)  traffic lights;

             (c)   signs ;

             (d)  barricades;

             (e)   cones ;

              (f)   detours ;

             (g)  traffic control persons; and

             (h)  other techniques and devices necessary according to the particular circumstances.

             (2)  Where the movement of vehicular traffic constitutes a hazard to workers, effective traffic control shall be provided.

             (3)  Traffic control procedures shall at minimum meet the requirements of the Department of Transportation and Works "Traffic Control Manual for Roadway Work Operations" or procedures established by a municipality that have been approved by the minister and all relevant specifications.

             (4)  Notwithstanding subsection (3), an officer may require those additional or alternate traffic control procedures and equipment that are necessary in the particular circumstances.

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Traffic control person

   374. (1) A traffic control person shall be employed

             (a)  according to the criteria established by the Department of Transportation and Works "Traffic Control Specification"; or

             (b)  where required by an officer and where one may be necessary under the particular circumstances.

             (2)  A traffic control person shall

             (a)  stand in a safe position, preferably on the driver's side of the lane under the traffic control person's control, be clearly visible, and have an unobstructed view of approaching traffic; and

             (b)  be positioned at least 25 metres away from the work area unless circumstances or space requirements, including working at or near an intersection, dictate otherwise.

             (3)  Where 2 or more traffic control persons are working as a team, the employer shall ensure that one traffic control person is responsible for traffic co-ordination and for the initiation of changes in the direction of traffic flow in order to create a cycle which results in minimum traffic delay and maximum protection for the workers.

             (4)  Traffic control persons shall perform their duties responsibly and in accordance with the Department of Transportation and Works "Traffic Control Manual".

             (5)  A person shall not work as a traffic control person after January 1, 2011 unless he or she has completed a traffic control training program prescribed by the commission.

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Traffic control signals

   375. (1) An employer shall ensure that where traffic control persons are working as a team, methods of communication shall be determined and understood by personnel using them before the commencement of the flagging operations.

             (2)  Where traffic is diverted onto dusty surfaces, good visibility shall be maintained by the suppression of dust through periodic application of an approved substance.

PART XVII
CONSTRUCTION, EXCAVATION AND DEMOLITION

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Definitions

   376. In this Part

             (a)  "adjacent to an excavation" means within a distance less than or equal to the overall depth of the excavation measured from a vertical line through the toe of the excavation face;

             (b)  "construction project" means erection, alteration, repair, dismantling, demolition, structural or routine maintenance, painting, land clearing, earth moving, grading, excavating, trenching, boring, drilling, blasting, concreting, installation of machinery or other work considered to be construction by the minister;

             (c)  "demolition" means the tearing down, destruction, breakup, razing or removal of the whole or part of a building or structure, or of free-standing machinery or equipment that is directly related to the function of the structure;

             (d)  "falsework" means structural supports and the necessary bracing required for the support of temporary load during construction;

             (e)  "formwork" includes the foundation, supporting structure, and mould into which concrete may be placed;

              (f)  "tilt-up construction" means a system of building construction in which concrete wall panels are placed in position in the permanent structure and temporarily braced or supported; and

             (g)  "trench" means an excavation less than 3.7 metres wide at the bottom, more than 1.2 metres deep, and of any length.

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Temporary floors

   377. (1) During the erection of a building or structure of skeleton construction, a temporary floor, decking or formwork shall be installed at the main working level where work is being done.

             (2)  Where compliance with subsection (1) is not practicable, a temporary floor or other effective means of protection shall be installed not more than 2 levels or 8 metres below the main working level.

             (3)  Subsections (1) and (2) do not apply to the initial connection of structural members where it is not practicable to provide a floor or decking.

             (4)  A safe means of access and egress to a main working level referred to in subsection (1) shall be provided.

             (5)  A stairway comprised, at a minimum, of framing, treads, midrail and a handrail shall be provided to each floor level before construction of the next floor or deck surface is undertaken, and the treads on the stairway shall not create a tripping or slipping hazard.

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Protection from falling materials

   378. (1) Where falling material could endanger workers

             (a)  the danger area shall be barricaded or effectively guarded to prevent entry by workers, and conspicuous warning signs shall be displayed on all sides and approaches;

             (b)  adequate protective canopies shall be installed over the danger area; or

             (c)  adequate catch platforms or nets shall be provided to prevent materials from falling into areas accessible to workers.

             (2)  Temporary washroom facilities, offices and similar structures on a construction site shall be

             (a)  located outside areas where there is the potential of being hit by falling materials; or

             (b)  covered by adequate protective canopies.

             (3)  Protective canopies shall be designed and constructed to safely support all loads that may reasonably be expected to apply to them.

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Chutes

   379. (1) Chutes shall be provided where the free fall of materials or debris being removed exceeds 6 metres.

             (2)  Vertical chutes shall be completely enclosed and have gates at each point of entry.

             (3)  The discharge area of a chute shall be barricaded or effectively guarded to prevent workers being injured by falling or flying debris and conspicuous signs shall be posted near a chute outlet to warn of danger.

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Chutes and hoists

   380. The roof edge about a chute, bitumen spout and material hoist shall have guardrails meeting the requirements of sections 28 and 30 on each side of the work area.

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Glass panels

   381. A glass panel installed during construction shall be marked to clearly indicate its presence or effectively guarded at the time of installation.

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Temporary support

   382. During the erection or dismantling of a structure or equipment, the employer shall ensure that a partially assembled structure or component is to safely withstand loads likely to be imposed on it.

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Supervision

   383. (1) A qualified supervisor shall supervise the erection and use of formwork and falsework.

             (2)  A worker shall be properly instructed on the hazards that he or she may be exposed to and on the precautions to be taken while around or on formwork or falsework.

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Concrete placing hazards

   384. (1) A protruding end of reinforcing steel that is hazardous to a worker shall be removed or effectively guarded.

             (2)  Where a worker is required to be underneath the formwork during a concrete pour or placement of another significant load, the worker shall be restricted from the areas where the loads are placed.

             (3)  A worker shall be restricted from the area under a portion of formwork where a load or concrete has been placed until it can be ensured that the formwork can withstand the load.

             (4)  Placement of concrete or other loads shall cease in the event of weakness, undue settlement or excess distortion of formwork and may only restart after the formwork has been repaired or strengthened as specified by a professional engineer.

             (5)  A load shall not be applied to an uncured concrete structure except where permitted by the erection drawings and supplementary instructions.

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Inspections

   385. Immediately before the placement of concrete or other loading, an employer shall ensure that the concrete formwork and falsework is inspected by a qualified person.

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Pre-use inspections

   386. (1) An operator shall inspect a concrete placing boom or mast and test its safety and control devices before use on each shift and record the results of the inspection and tests.

             (2)  A defect found in the concrete placing boom or mast shall be recorded and reported immediately to the supervisor or employer who shall determine the course of action.

             (3)  Where a defect may affect the safe operation of the concrete placing boom or mast, the equipment shall not be used until the defect has been remedied.

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Controls

   387. A control for a concrete placing boom or mast shall have its function clearly identified.

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Emergency shutoff

   388. A concrete pump shall have a clearly labelled emergency stop switch near the hopper.

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Agitator guarding

   389. (1) Concrete pump agitator guarding shall be maintained to the pump manufacturer's specifications, with reasonable allowance for wear.

             (2)  Bent bars in a concrete pump agitator grill guard shall be repaired.

             (3)  Concrete pump grill bar spacing may be increased to a maximum bar spacing of 8 centimetres where

             (a)  pumping concrete mixes with a slump of 5 centimetres or less; and

             (b)  specific instructions are given to the crew regarding the hazard present due to the larger openings in the grill guard.

             (4)  The distance from the grill bars to the concrete pump's agitator shall be at least 7.5 centimetres.

             (5)  A concrete pump agitator grill guard shall be hinged or bolted in place.

             (6)  A person shall not stand on the grill when the concrete pump or agitator is running.

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Concrete pump lines

   390. Where the disconnection of concrete pump discharge line couplings could cause injury to workers, the discharge line shall be guarded and the guards shall be positioned so as to deflect a jet of concrete resulting from disconnection in a safe direction.

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Equipment inspection

   391. A concrete placing boom and mast shall be

             (a)  inspected in accordance with good engineering practice at intervals not exceeding 12 months;

             (b)  repaired where necessary; and

             (c)  certified safe for use by a professional engineer, the manufacturer or the manufacturer's authorized agent.

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Repair certification

   392. Replacement parts used for repair of a concrete placing boom or mast shall meet or exceed the original manufacturer's specifications or be certified by a professional engineer.

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Restriction on use

   393. A concrete placing boom or mast shall not be used to hoist loads.

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Operator's duties

   394. The operator of a concrete placing boom or mast shall

             (a)  have full control of the pump and placing equipment controls whenever the equipment is operating; and

             (b)  not engage in other duties while operating the concrete pump and placing boom or mast.

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Hopper signal device

   395. Where a concrete placing boom operator is unable to see and monitor the hopper on the concrete pump from every location the operator shall be present during the pumping activity, there shall be a device at the hopper for the concrete delivery truck driver and other workers to signal the pump operator in the event of a problem at the pump or hopper.

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Underground utilities

   396. (1) Before excavating or drilling with powered tools and equipment, the location of all underground utility services in the area shall be accurately determined and a danger to workers from those services shall be controlled.

             (2)  Excavation and drilling work in proximity to an underground service shall be undertaken in conformity with the requirements of the owner of the service.

             (3)  Pointed tools shall not be used to probe for underground gas and electrical services.

             (4)  Powered equipment used for excavating shall be operated so as to avoid damage to underground utility services and danger to workers.

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Structural integrity

   397. (1) Where a structure is to be demolished in whole or in part, the structure and all adjoining structures, the integrity of which could be compromised by the demolition, shall be supported to the extent and in a manner prescribed by a professional engineer.

             (2)  The design of the support system referred to in subsection (1) shall include a schedule, based on the stages of demolition, for installation of the components of the support system, and a copy of the support system, design and schedule shall be available at the demolition site.

             (3)  Where salvage is taking place before or during the demolition process, the integrity of the structure shall be maintained.

             (4)  Engineered demolition plans and designs shall not be required where the nature and method of demolition will not endanger workers or compromise the stability of adjoining grounds and structures.

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Hazardous materials

   398. Before work begins on the demolition or salvage of machinery, equipment, buildings or structures, the employer or owner shall

             (a)  inspect the site to identify asbestos, lead, biological or other heavy metal or toxic, flammable or explosive materials that may be handled, disturbed or removed;

             (b)  make the results of the inspection available at the worksite, including drawings, plans or specifications showing the location of hazardous substances;

             (c)  ensure that hazardous materials found are safely contained or removed; and

             (d)  where hazardous materials that were not identified in the inspection under paragraph (a) are discovered during demolition work, ensure that all work ceases until those materials are contained or removed.

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Disconnecting services

   399. Demolition shall not proceed until all electric, gas and other services that may endanger a worker have been disconnected as required by the owner of the applicable utility.

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Glass removal

   400. (1) Glass in a building or other structure that could endanger workers shall be removed before demolition commences.

             (2)  Glass removal shall proceed in an orderly manner from the top to the bottom of the structure.

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Stabilizing walls

   401. Where a dangerous or unstable wall is to be left standing, it shall be adequately braced.

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Dismantling buildings

   402. (1) During the dismantling or renovation of a building or structure, materials of a size or weight that may endanger workers shall not be loosened or allowed to fall, unless procedures are used that adequately protect workers.

             (2)  Demolition shall proceed in an orderly manner from the top to the bottom of the structure.

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Stairways

   403. Stairways, complete with handrails, shall be left intact until access to the level served by the stairway is no longer required.

PART XVIII
EXCAVATION, UNDERGROUND WORK AND ROCK CRUSHING

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Definition

   404. In this Part, "excavation" means a cut, cavity, trench or depression in the earth's surface resulting from rock or soil removal.

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Entrapment danger

   405. (1) A worker shall not enter a place where there is a danger of entrapment unless safe access has been provided by catwalks, walkways or other acceptable means or he or she wears retrieval equipment satisfying the requirements of Part XXVII and is attended by another worker who is stationed, equipped and capable of immediately effecting a rescue.

             (2)  An area in which materials may be dropped, dumped or spilled shall be barricaded and protected by warning signs to prevent the inadvertent entry of workers.

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Pre-excavation requirements

   406. (1) Before beginning excavation work with power tools or equipment in an area likely to have underground conduits, cables or pipelines, the location of the service facilities shall be accurately determined by the employer, marked by suitable means and communicated to the employee.

             (2)  Powered equipment shall not be used in a manner that exposes workers to harmful effects resulting from the damage to service facilities.

             (3)  Trees, boulders or other unsecured material located within 1.83 metres of the area to be excavated shall be secured or removed before excavation begins.

             (4)  A worker shall not enter an excavation over 1.22 metres deep unless

             (a)  the sides of the excavation are sloped to a safe angle and have been secured by the use of sheet piling, shoring and bracing or a trench box; or

             (b)  the worker is protected by other effective means.

             (5)  Added loads shall be considered in the design of the support system where

             (a)  equipment or other heavy objects are located or operated close to the edge of excavations;

             (b)  excavations are adjacent to or abutting buildings or other structures; or

             (c)  hazards are created by vibration from nearby equipment or passing vehicular traffic.

             (6)  Where there is a danger of undermining adjacent foundations, excavation work shall be done in short sections and the building walls shall be effectively shored or braced.

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Excavation or access

   407. (1) Where a worker is required to enter an excavation greater than 1.22 metres deep, a ladder shall be provided in the immediate area where the worker is employed, extending from the bottom of the excavation to at least 0.91 metres above the top of the excavation.

             (2)  Walkways entering excavations shall be

             (a)  not less than 50.80 centimetres wide;

             (b)  equipped with guardrails when over 1.22 metres above grade; and

             (c)  provided with cleats when the grade is over 1/6.

             (3)  A runway which is used by mobile equipment shall be equipped with curbs.

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Removal of material

   408. (1) A worker shall not permit excavated material to remain

             (a)  within 1.22 metres of the edge of a trench-type excavation; or

             (b)  within 1.52 metres of the edge of a pit-type excavation.

             (2)  Where skips or buckets are used to remove material from excavations, a horizontal shoring member shall be protected against dislodgement by the installation of vertical planking.

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Faces and slopes

   409. (1) Where work is being carried on in an excavation

             (a)  the slopes shall be scaled and trimmed or otherwise stabilized to prevent slides of material or falls of rock;

             (b)  overhanging banks and trees or stumps and overburden shall be removed in the area within 5 metres from the edge of the excavation; and

             (c)  means shall be provided to prevent the erosion of the slope by surface water.

             (2)  Except where the minister, in writing, permits otherwise, in a pit, quarry or similar excavation

             (a)  the height of a face of which the material is not at a safe angle of repose shall not be greater than the height which can be safely reached by the equipment being used; and

             (b)  the bench height for sand, gravel and unconsolidated materials shall not exceed 5 metres and, in any event, shall not be higher than can be reached with equipment in use.

             (3)  A worker engaged in scaling, sloping or trimming banks or faces shall use a fall protection system that meets the requirements of Part X.

             (4)  Scaling and similar work shall be undertaken from the top down and the areas into which material may fall shall be kept clear of workers and equipment.

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Excavation safety

   410. (1) Excavations shall be guarded by effective railings or barriers to prevent workers from falling in to excavations.

             (2)  Subsection (1) does not apply to a pit created to provide earth that can be used as fill at another site, referred to as a borrow pit.

             (3)  The accumulation of water in an excavation shall be prevented by effective means.

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Underground workings

   411. (1) In an underground place of employment, including an excavation, natural entry, tunnel, raise, shaft or chamber, that is not a mine, the employment of workers shall be in accordance with

             (a)  standard engineering practices for the type of work being performed;

             (b)  the applicable requirements of these regulations; and

             (c)  additional requirements that the minister may consider necessary.

             (2)  Where an employer proposes to use methods or equipment that are new or do not comply with standard practices in underground workings, he or she shall first submit details of the proposed methods and equipment to the minister for approval and the submission shall include evidence of engineering feasibility with respect to the safety of the workers.

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Internal combustion engines

   412. An internal combustion engine fuelled by gasoline, naptha or liquified petroleum gas shall not be operated in an underground project.

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Air quality

   413. (1) An employer shall ensure that

             (a)  the respirable air in all underground workings is free from hazardous amounts of dusts, vapours and gases, and does not contain less than 20% oxygen; and

             (b)  appropriate tests for harmful vapour, gases, fumes, mists, dusts or explosive substances and oxygen deficiency are made and recorded

                      (i)  before entry,

                     (ii)  after an interruption in the work procedures, and

                    (iii)  at appropriate intervals.

             (2)  An employer who employs workers at a mine or quarry where silica is mined or quarried, or where it is present, shall comply with the Silica Code of Practice.

             (3)  The tests required under paragraph (1)(b) shall be performed by a person who has appropriate training in the proper use of testing and monitoring equipment.

             (4)  A worker employed in surface rock-excavating workings shall be protected from harmful dust concentrations by

             (a)  the use of suppression;

             (b)  dust removal by mechanical means; or

             (c)  another acceptable engineering control.

             (5)  Where a worker is exposed to dusting resulting from loading, transporting or conveying rock at surface operations, the dust shall be reduced to non-harmful concentrations by the application of water or by other effective methods.

             (6)  An employer shall ensure that dust caused by drilling or handling rock at underground rock-excavating workings is effectively suppressed by a means acceptable to the division.

             (7)  A rock drill, that is, a machine or device for drilling a hole in rock for the purpose of blasting, usually powered by compressed air but in which electricity or steam may be used, shall be equipped with a water jet, spray or other device acceptable to the minister to effectively suppress drilling dust.

             (8)  Subsection (7) does not apply to hand-drilling procedures.

             (9)  A water spray shall be used in every development heading unless written permission has been received from the assistant deputy minister to work the heading without a water spray.

           (10)  Effective dust-control measures shall be employed during the handling and loading of broken rock.

           (11)  Mechanical ventilation shall be provided to produce a minimum air volume of 15.24 cubic metres a minute a square metre of working face in the work area.

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Rock crushing control measures

   414. Rock-crushing plants shall be equipped with dust controls and

             (a)  rock crushers, including jaw, roll, cone or hammermills shall have an adequate mechanical exhaust system;

             (b)  the screen discharge hopper shall be enclosed and shall have an adequate mechanical exhaust system or an adequate water spray system;

             (c)  screens shall have partial covers and shall have an adequate mechanical exhaust system or an adequate water spray system;

             (d)  material-transfer points shall have an adequate mechanical exhaust system or an adequate water spray system; and

             (e)  discharge from a mechanical exhaust system shall be located to prevent the recirculation of contaminated air to areas occupied by a worker.

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Diesel engines underground

   415. (1) Where diesel engines are used underground, mechanical ventilation shall effectively ventilate all work areas.

             (2)  Where a diesel engine is used

             (a)  it shall be equipped with suitable exhaust-gas conditioners which are properly maintained and regularly serviced;

             (b)  gasoline or other highly volatile fuels shall not be used with a starting mechanism or device;

             (c)  instructions shall be issued to all workers to shut down all engines immediately where ventilation ceases to function, and to keep the engines shut down until ventilation is again made effective; and

             (d)  a fire suppression system, suitable for extinguishing oil fires shall be provided for each engine.

             (3)  Tests for carbon monoxide and nitrogen dioxide shall be conducted by a qualified person at least weekly.

             (4)  Where a diesel engine operates underground, records shall be maintained and be accessible to all workers concerned and shall include

             (a)  inspection and certification of each shift for the condition of the diesel engine and exhaust-gas conditioner;

             (b)  gas inspection tests made for carbon monoxide and nitrogen dioxide, including the time and location of tests;

             (c)  at least once a week, or where directed by the officer, the volume of ventilating air delivered to each underground heading;

             (d)  tests for combustible gas, including location, time and results as directed by an officer;

             (e)  an unusual occurrence of findings or action; and

              (f)  the signature of the worker recording each entry.

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Falling ground

   416. (1) The walls, roof and face of an underground working shall be kept free of loose or fissured rocks and stones, and ground support shall be installed where necessary.

             (2)  An adequate supply of properly dressed scaling bars or other scaling equipment shall be available at the worksite for scaling.

PART XIX
GENERAL BLASTING

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Definitions

   417. In this Part

             (a)  "blaster" means a person who holds a valid blaster's certificate granted by the province;

             (b)  "blasting activity" includes storing, handling, transporting, preparing and using explosives, and drilling conducted at a blasting area or in relation to the use of explosives;

             (c)  "blasting area" means the zone extending at least 50 metres in all directions from the place in which explosives are prepared, handled or loaded for firing, or in which misfired explosives exist or are believed to exist and from which hazards shall be excluded to avoid an accidental explosion;

             (d)  "blasting machine" means an electrical or electro-mechanical device which provides electrical energy for the purpose of energizing electric detonators and electrical circuits for continuity, resistance, stray currents and other pertinent measurements;

             (e)  "blasting switch" means a device used to permit the firing of electric blasting circuits from power lines and constructed so that the door may be closed and locked with the switch in the "OFF" position;

              (f)  "danger area" means the zone in which there exists a possibility of hazard to person or property from fly rock, fume, air blast or ground vibrations;

             (g)  "day box" means a portable unit used for keeping explosives in during the day and which meets the requirements of "Storage Standards for Industrial Explosives" published by the Explosives Division of Natural Resources Canada;

             (h)  "detonator" includes electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses, detonating cord, delay connectors and non-electric instantaneous and delay blasting caps which use detonating cord, shock tube, gas tube and another replacement for electric leg wires and another similar device;

              (i)  "explosive" means a substance, including a detonator or primed explosive, that is manufactured or used to produce an explosion by detonation or deflagration and that is regulated by the Explosives Act (Canada), but does not include ammunition for weapons or fireworks;

              (j)  "extraneous electricity" means unwanted electrical energy greater than 50 milliamps that is present at the blasting area that could enter an electric blasting circuit including stray current, static electricity, radio frequency energy and time-varying electric and magnetic fields;

             (k)  "magazine" means a fixed unit used for the unattended storage of explosives overnight and which meets the requirements of the "Storage Standards for Industrial Explosives" published by the Explosives Division of Natural Resources Canada;

              (l)  "misfired hole" means a charge of explosives in a hole or part of a hole which has failed to fire as planned and "misfire" has a corresponding meaning;

            (m)  "prime charge" means to position a detonator for use in firing an explosive charge;

             (n)  "primed explosive" means an explosive containing a detonator; and

             (o)  "stemming" means clean, crushed angular shaped stone, 12.5% of the borehole diameter in size, which provides confinement for explosive energy.

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Employer's responsibility

   418. Nothing in this Part relieves an employer of the responsibility

             (a)  to provide adequate direction and instruction of workers and to assign work only to those workers who are qualified;

             (b)  to ensure that measurement of air volume is taken at the end of the ventilation duct near the working face underground and that records are maintained of all air-volume measurements; and

             (c)  to ensure that a worker does not return to the scene of a blasting operation until the air contaminants have been reduced to concentrations below their respective threshold limit values and the concentration of oxygen is at a respirable level.

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Role of certified blaster

   419. (1) Blasting shall be performed under the direct supervision of a blaster who is present at the project and who holds a valid blaster's certificate which authorizes the performance of the particular type of work that the blaster is to conduct or supervise.

             (2)  Direct supervision under subsection (1) includes a requirement that the blaster have a direct line of sight of the work area.

             (3)  The site supervisor shall consult with a blaster so that both are aware of all work being conducted in a blasting area and no work shall be conducted in a manner which creates risk of an accidental explosion.

             (4)  Where more than one blaster is involved in a blasting operation, an employer shall

             (a)  before the commencement of the blasting operation, designate one blaster who shall have principal responsibility for the blast;

             (b)  ensure that all persons in the blasting area are advised of the identity of the principal blaster; and

             (c)  ensure that all blasters and supervisors performing or directing the work in a blasting area consult sufficiently to coordinate the safety of the activity.

             (5)  A person, other than a blaster, shall not

             (a)  prime a charge;

             (b)  make a connection which leads or which may lead from the explosive charge to a blasting machine, a blasting switch, safety fuse or a shock tube initiating system including a NONEL;

             (c)  connect a delay or sequencing device or program the delay or sequence for the blast; or

             (d)  fire an explosive charge.

             (6)  An explosive charge shall not be fired until the blaster or principal blaster, where one is designated, has ensured that the placement of the charge and all other features of the blasting activity are adequate to ensure the safety of persons at or near the workplace.

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Security and report requirements

   420. (1) Only a person authorized by the employer shall have access to the explosives.

             (2)  When explosive materials or initiating systems are brought to the blast site, the employer and a blaster shall

             (a)  ensure that the blast site is attended and barricaded; and

             (b)  post warning signs stating "Danger", "Explosives" or "Keep Out" or flag the blast site against unauthorized entry.

             (3)  A theft or attempted theft of explosives shall be reported by the employer to the minister immediately upon becoming aware of the theft.

             (4)  An employer shall immediately notify and send written notice within 24 hours to the minister when a blasting accident occurs in which a personal injury is sustained or where there is an unusual occurrence in which explosives are involved, whether or not personal injury is sustained, together with the blaster's certificate of the blaster involved.

             (5)  A report referred to in subsection (4) shall contain

             (a)  the names and certificate numbers of all blasters involved;

             (b)  the names and occupations of injured workers;

             (c)  the type of explosives, detonators and blasting machines used;

             (d)  a factual account of the events relating to the accident;

             (e)  date, time and location of the accident; and

              (f)  the action taken by the employer.

             (6)  The minister shall determine from the circumstances of the incident what action shall be taken, including whether the blaster's certificate required under subsection (4) may be returned to the blaster.

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Examination

   421. A thorough examination shall be made after charges have been fired and before drilling recommences to ascertain that no unexploded charges remain.

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Records

   422. (1) A field journal or equivalent record shall be provided at the blasting site and the blaster in charge shall record the results of his or her examination on it.

             (2)  An employer shall ensure that a blaster keeps an updated field journal or equivalent record.

             (3)  A blaster shall keep blasting records for 5 years following a blast, and shall keep his or her records available for inspection by an officer or employer at all reasonable times.

             (4)  An employer shall ensure that the employee in charge of explosive magazines maintains an inventory record, available to an officer, that records, for each magazine, the amount of detonators and other explosives stored in the magazine for at least the 3 previous years and a copy of the inventory record shall be kept at a place other than in the magazine.

             (5)  The inventory record referred to in subsection (4) shall include the following information:

             (a)  for the detonators, the period, leg wire length and series; and

             (b)  for other explosives, the type of explosives.

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Suspension or seizure of certificate

   423. (1) Where the holder of a blaster's certificate has failed to comply with

             (a)  a blasting requirement of these regulations;

             (b)  the manufacturer's recommendations; or

             (c)  recognized safe blasting practices,

the employer shall immediately investigate the incident and may suspend the blaster from performing the duties of a blaster.

             (2)  The employer shall submit a report of the investigation carried out under subsection (1) to the minister.

             (3)  The minister may seize a blaster's certificate where he or she has reason to believe that the safety of a person has been or may be endangered by the blaster and the seizure of the certificate shall continue until the minister determines the action to be taken.

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Custody of certificates

   424. A blaster shall

             (a)  retain his or her blaster's certificate and keep it in a safe place at the workplace while carrying out his or her duties; and

             (b)  upon the request of an officer, produce his or her blaster's certificate.

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Day box or magazine

   425. (1) A day box or magazine shall be licensed according to applicable legislation.

             (2)  A day box shall have "Explosives" marked conspicuously on it where required by an officer.

             (3)  The ground within at least 10 metres of a magazine or day box shall be kept clear of long grass, brush and other readily combustible or flammable materials.

             (4)  A magazine or unattended day box containing a detonator shall not be placed within 50 metres of a magazine or day box containing another explosive except where an officer authorizes a lesser distance.

             (5)  A detonator shall not be placed in

             (a)  a magazine or day box with other types of explosives; or

             (b)  a compartment of a vehicle with another explosive unless they are separated by use of a day box and unless there is compliance with all applicable legislation respecting the transportation of explosives.

             (6)  An explosive shall be attended at all times by a person authorized by the employer unless it is placed in a locked day box or locked magazine.

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Prohibitions

   426. (1) A person shall not smoke, and an open flame or article liable to spontaneously ignite or likely to cause an explosion or fire is not permitted within 10 metres of an explosive, magazine, day box or blasting area.

             (2)  Tools or other implements used to open containers of explosives shall be made of non-sparking material.

             (3)  A person shall not prime a charge in an area where explosives are stored.

             (4)  A person shall not carry an explosive in his or her clothing.

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Storage and handling

   427. (1) The handling and transport of explosives shall be conducted in accordance with the applicable provisions of the Explosives Act (Canada ), the Fire Prevention Act, 1991 and the Dangerous Goods Transportation Act and regulations under those Acts.

             (2)  Explosives shall be stored, handled and used in the manner recommended by the manufacturer.

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Transportation

   428. (1) A passenger, other than a person assigned to assist in handling explosives, shall not be permitted in a vehicle which is transporting explosives.

             (2)  A vehicle used to transport explosives shall

             (a)  be in sound mechanical condition;

             (b)  be suitable for and capable of safely transporting explosives;

             (c)  be appropriately placarded; and

             (d)  transport explosives only in containers that are lined with non-sparking material and that are secured against inadvertent movement.

             (3)  Reasonable quantities of flammable or combustible materials may be carried by a conveyance transporting explosives provided that those materials are contained in a manner which does not cause or transmit fire in an explosion and are adequately separated from explosives containers on the conveyance.

             (4)  Where equipment, including a drilling rig, is located in a blasting area, sufficient precautions, including ensuring adequate traction and stability, shall be taken to prevent toppling, sliding, or other unplanned movement of the equipment.

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Drilling

   429. (1) A drill hole shall be of a sufficient size to admit the free insertion of explosives to the bottom of the hole without ramming, pounding or undue pressure.

             (2)  Drilling shall not be done in a previously blasted area until the surface to be drilled is carefully examined for remnants of explosives or holes containing explosive materials.

             (3)  Where a remnant or a hole containing explosives is found, this explosive shall be dealt with as a misfire before drilling commences.

             (4)  Drilling shall not be done closer to a part of a hole containing an explosive than the distance equal to half the total depth of the hole being drilled and in no instance closer than 6 metres from a part of a hole containing an explosive.

             (5)  Notwithstanding subsection (4), where

             (a)  a blaster determines that a particular misfire cannot be more safely treated by another means and it is necessary to drill an adjacent hole in a manner inconsistent with subsection (4);

             (b)  the nature of the ground being drilled makes it necessary to load a hole immediately after it is drilled and to subsequently drill an adjacent hole in a manner inconsistent with subsection (4);

             (c)  a loaded hole caves in and a blaster determines that the unexploded hole cannot be reprimed or otherwise more safely treated, and it is necessary to drill an adjacent hole in a manner inconsistent with subsection (4); or

             (d)  it is necessary to use a drill to remove obstacles from a previously drilled hole which does not contain explosives and to do so would be inconsistent with subsection (4)

a written safe work procedure, developed in consultation with a blaster, shall be followed where the employer has notified the minister in writing that the safe work procedure is being implemented, including the reason for its implementation.

             (6)  The safe work procedure referred to in subsection (5) shall be authorized in writing by the minister before the commencement of the work.

             (7)  Where a safe work procedure referred to in subsection (5) is implemented, the details of the procedure and the reasons for its implementation shall be communicated to persons remaining in the blasting area who shall adhere strictly to its terms.

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Handling in special circumstances

   430. (1) Explosives affected by cold temperatures shall only be used as recommended by the manufacturer.

             (2)  Waste and deteriorated, damaged or time-expired explosives shall be destroyed promptly by

             (a)  a blaster;

             (b)  a representative of the explosive manufacturer; or

             (c)  a qualified member of the Royal Canadian Mounted Police, the Department of National Defence, the Explosives Division of Natural Resources Canada or the Royal Newfoundland Constabulary using methods approved by the manufacturer.

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Preparing the blast loading

   431. (1) A detonator shall be kept and handled separately from other types of explosives until the last practicable moment when the blaster primes the charge.

             (2)  A hole shall not be loaded with an explosive before it is necessary before firing.

             (3)  A nitroglycerine-based product shall not be unwrapped.

             (4)  A non nitroglycerine-based product shall remain in its original wrapping until the last practicable moment before use.

             (5)  An electric detonator shall be kept shunted or short circuited until it is used, except during the testing of the detonator.

             (6)  An employer shall ensure that tamping rods and other similar devices are made of wood or other non-sparking materials.

             (7)  Primed explosives shall not be slit or tamped.

             (8)  Undue pressure or pounding shall not occur during tamping.

             (9)  Where pneumatic loading of ammonium nitrate and fuel oil occurs, only a semi-conductive hose shall be used and the loader shall be effectively grounded and the bottom priming of drill holes shall be done with non-electrical initiation.

           (10)  A blaster, using a blasting meter, shall personally test the continuity of a loaded hole containing an electric detonator before the hole is stemmed with a suitable material.

           (11)  An explosive charge shall not be connected to another or by a means of initiation, including detonating cords, until the last practicable moment before firing.

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Safety fuse

   432. (1) Only a federally authorized safety fuse assembly shall be used and fuse capping is not permitted.

             (2)  A safety fuse assembly shorter than one metre shall not be used.

             (3)  Where it is necessary to fire more than one safety fuse assembly at a time, only one igniter cord or approved equivalent shall be lit.

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Loaded holes

   433. (1) The location of a loaded hole shall be visually identified by either placing individual markers at the hole or marking off the perimeter of the area containing loaded hole by a display of warning tape or other highly visible indicator.

             (2)  A hole which has been loaded, but not fired by the end of the working day, shall not be left unattended, whether primed or not.

             (3)  A worker shall be posted to ensure that a hole is not tampered with when the work crew is absent from the site.

             (4)  Security procedures shall be used to prevent access to a loaded hole by a person who has not been authorized by the blaster.

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Restrictions

   434. (1) A vehicle or other mechanical equipment shall not be driven or moved over an explosive, a blasting accessory or a hole containing an explosive.

             (2)  A blaster shall ensure that unused explosives and detonators are returned to the day box or magazine before the blast is initiated.

             (3)  Drill cuttings shall not be used for stemming material.

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Electrical initiation

   435. (1) Where there is danger from extraneous electricity, a blasting operation shall be fully non-electric.

             (2)  A blasting operation or handling of an explosive shall not be carried out on the approach of or during an electrical storm and persons shall remain outside the danger area at that time.

             (3)  To minimize hazards from radio frequency energy, electrical blasting shall not be carried out at a distance from a transmitter less than shown in Table 1 or Table 2, whichever is applicable:

Table 1

Recommended Safe Distances for Commercial
AM Broadcast Transmitters 0.535 to 1.705 MHz

Transmitter Power (watts)

Minimum Distance (metres)

Up to 4,000

220

5,000

244

10,000

345

25,000

546

50,000

762

100,000

1,098

500,000

2,439

Table 2

Recommended Safe Distances for Mobile Transmitters
and Cellular Telephones

Transmitter Power
(watts)

Minimum distances (metres)

 

MF
1.7 to 3.4 MHz Fixed Mobile Maritime

HF
28 to 29.7 MHz Amateur

VHF
35 to 36 MHz Public Use
42 to 44 MHz Public Use
50 to 54 Mhz Amateur

VHF
144 to 148 MHz Amateur
150.8 to 161.6 MHz Public Use

UHF
450 to 470 MHz Public Use
Cellular Telephones
Above 800 MHz

1

5

14

11

4

2

5

10

32

25

8

5

10

14

45

35

12

8

50

31

101

79

26

17

100

44

143

112

37

24

150

59

191

150

49

32

200

62

202

158

52

34

250

70

225

177

58

38

500

98

319

249

82

53

600

108

349

273

90

58

1,000

139

451

353

116

75

1,500

170

552

432

141

91

10,000

438

1,425

1,116

365

236

             (4)  An employer shall ensure that during the commencement of a blasting operation and while it is in progress

             (a)  where it is an electric blasting operation, a sign bearing the words "Blasting Operations, Turn Off Radio Transmitter" is posted on all public roads leading to a blasting area and is visible to persons entering the area; or

             (b)  where it is a fully non-electric blasting operation, a sign bearing the words "Blasting Operations" is posted on all public roads leading to a blasting area and is visible to persons entering the area; and

             (c)  a sign bearing the words "End of Blasting" is posted on all public roads leading from a blasting area and is visible to persons leaving the area.

             (5)  A sign required under subsection (4) shall have letters not less than 15 centimetres high on a contrasting background and shall be 90 centimetres wide and 120 centimetres tall.

             (6)  Where a sign referred to in this section is required to be visible to persons entering a blasting area, it shall be located at a distance from the blasting area of

             (a)  100 metres where the speed limit on the road is 50 kilometres an hour or less; or

             (b)  300 metres where the speed limit on the road is greater than 50 kilometres an hour.

             (7)  An employer shall ensure that a sign required under this section is removed or covered when the blasting operation is completed.

             (8)  In addition to the other requirements of this section, the following precautions shall be adopted to reduce the potential hazards of electrical blasting near radio frequency energy sources:

             (a)  mobile transmitters shall be kept away from the blasting area and where absolute control cannot be exercised, warning signs shall be posted to remind vehicle operators to turn off transmitters and, where necessary as determined by the blaster, flagmen shall be posted to instruct operators accordingly; and

             (b)  blasting circuits shall be kept on the ground and bare connections shall be elevated sufficiently to prevent current leakage.

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Pre-firing

   436. (1) An electric blasting circuit shall be tested personally by a blaster with a blasting meter to ensure that readings are consistent with the values calculated for the blast before the lead wire is connected to the blasting machine or blasting switch.

             (2)  The connection of the lead wires to the blasting machine or blasting switch shall be the last connection made before the blast.

             (3)  Only a blasting machine or blasting switch shall be used to fire an electric circuit.

             (4)  A blaster shall ensure that the capacity of the blasting machine as designated by the manufacturer is not exceeded.

             (5)  An employer shall ensure that a blasting machine is maintained in good working order and is inspected at least once every 12 months by a service representative authorized to work on the machine by its manufacturer or approved by the minister.

             (6)  Records verifying