Acts and Regulations

2010-159 - Occupational Health and Safety Act

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NEW BRUNSWICK
REGULATION 2010-159
under the
Occupational Health and Safety Act
(O.C. 2010-495)
Filed August 31, 2010
1Section 2 of New Brunswick Regulation 91-191 under the Occupational Health and Safety Act is amended
(a) by repealing the definition “guardrail” and substituting the following:
“guardrail” means an assembly of components joined together to form a barrier that is designed to prevent an employee from falling off the edge of a surface, but excludes a permanent guardrail system;
(b) by repealing the following definitions:
(i) “aerial device”;
(ii) “individual fall-arresting system”;
(c) by adding the following definitions in alphabetical order:
“aerial device ” means any vehicle-mounted telescoping or articulating device that is used to position a person by means of a bucket, basket, ladder or platform directly secured to the boom;(dispositif élévateur)
“anchor point” means the part of a permanent or temporary structure or of a component attached to such a structure to which fall-protection components are connected or suspended equipment components are connected;
“body belt” means a body support device that encircles the body at the waist and is also known as a safety belt;
“control zone” means the area between an unguarded edge and a warning line which represents a safe distance from the edge;
“energy absorber” means a component of a fall-arresting system that dissipates kinetic energy by creating or extending the deceleration distance;(absorbeur d’énergie)
“energy absorbing lanyard” means the integral assembly of a lanyard and an energy absorber;(cordon d’assujettissement d’un absorbeur d’énergie)
“fall-arrester” means a mechanical fall-arrest device that is attached to a life line or rail and locks itself immediately in the event of a fall;
“fall-arresting system” means a permanent or temporary assembly of fall-protection components designed to arrest the fall of one or more employees;
“fall-protection system” means a guardrail, a travel restraint system, a fall-arresting system, a fall restricting system, that is either a personal fall restricting system or a collective fall restricting system that was designed to
(a) prevent or eliminate the risk of falling,
(b) restrain an employee who is at risk of falling, or
(c) stop an employee who has fallen;
“fall restricting system” means a combination of a work positioning system and fall restricting equipment;
“free fall” means the vertical distance between the onset of a fall to the point where the fall-arresting system begins to apply force to arrest the fall;
“full body harness” means a body-holding device that is designed to transfer to an employee’s torso and upper legs the forces experienced during and after the arrest of a fall, and that depending on the classification of the device, a full body harness may also be designed for travel restraint, work positioning or suspension in addition to fall-arrest;
“horizontal life line” means a rope made of synthetic fibre or wire, a rail or other similar device that is attached horizontally to a minimum of two anchor points, and to which a fall-arresting system or travel restraint system may be attached;
“lanyard” means a flexible line used to attach a full body harness or body belt to an energy absorber, a vertical life line, a horizontal life line or an anchor point;
“personal fall-protection system” means the components of a fall-protection system for which the employee is responsible and includes a full body harness, a body belt, an energy absorbing lanyard, a fall-arrester, a self-retracting device and the connecting hardware;
“safety monitor” means a competent person designated to monitor weatherproofing activities in a control zone to ensure that work is done in a manner that minimizes the potential for an employee to fall;(superviseur de sécurité)
“suspended equipment” means any permanently installed or temporary fixed suspended work platform, swing staging, boatswain’s chair or other similar device suspended by support lines or other means, designed to carry employees for the purpose of gaining access to exterior and interior building surfaces and other structures;(équipement de suspension)
“travel restraint system” means an assembly of components designed to prevent an employee from reaching an unguarded edge or an opening;(système de limitation du déplacement)
“vertical life line” means a flexible line or rope made of synthetic fibre or wire or a rail attached to an anchor point to which a fall-arrester is attached;(corde d’assurance verticale)
“warning line” means a supported raised line marking the edge of a control zone;(corde d’avertissement)
“weatherproofing” means the application of tar, asphalt, gravel, insulation, shingles or membrane material to a roof but does not include the installation of decking material or the stripping of materials from the roof;(imperméabilisation)
“work positioning system” means a system designed to provide a means of support for an employee at a desired height that allows an employee to have his or her hands free to perform a task; (dispositif pour travaux en élévation)
2Subsection 33.1(2) of the French version of the Regulation is amended by striking out “dispositifs aériens” and substituting “dispositifs élévateurs”.
3The heading “Fall-Arresting Systems” preceding section 49 of the Regulation is repealed and the following is substituted:
Fall-protection system
4Section 49 of the Regulation is repealed and the following is substituted:
Fall-protection system
49(1)The employer shall provide and the employee shall continually use a fall-protection system when an employee works from
(a) an unguarded work area that is
(i) 3 m or more above water or the nearest permanent safe level,
(ii) above any surface or object that could cause injury to the employee upon contact, or
(iii) above any open top tank, bin, hopper or vat,
(b) a work area that is 3 m or more above a permanent safe level and from which a person may fall if the work area tips or fails, or
(c) a work area where an officer has determined that it is necessary for safety reasons to use a fall-protection system.
49(2)If an employee is required to work from a communication or power transmission tower or other similar structure 3 m or more above a permanent safe level, the employer shall provide and the employee shall continually use a fall-protection system when at rest and at the working level.
49(3)If an employee referred to in subsection (2) is ascending or descending a communication or power transmission tower or other similar structure, the employer shall provide and the employee shall continually use a fall-arresting system.
49(4)If an employee is required to work from a wood pole or other similar wood pole structure 3 m or more above a permanent safe level, the employer shall provide and the employee shall continually use
(a) a fall-arresting system when the employee is ascending, descending or at rest, and
(b) a work positioning system in addition to the fall-arresting system when the employee is performing work at the working level.
49(5)If it is impracticable to use a fall-arresting system and a work positioning system, the employer shall provide and the employee referred to in subsection (4) shall continually use a fall restricting system when ascending or descending and to secure themselves to the wood pole when at rest or at the working level.
49(6)This section does not apply to the following situations:
(a) if the employee will at all times remain further than 3 m from the unguarded edge of a surface with a slope of 3 in 12 or less;
(b) where a firefighter is engaged in structural fire-fighting;
(c) where an employee is engaged in the installation, maintenance or removal of a fall-protection system and another form of fall-protection is impracticable, provided the employee has been fully instructed in work procedures and hazards and in how to protect himself or herself from falling; or
(d) if it is impracticable to use a fall-protection system where an employee is engaged in the weatherproofing of a roof that has a total area of less than 23 m2 or of a roof of a canopy or walkway that have slopes of 3 in 12 or less, provided the employee has been fully instructed in work procedures and hazards and in how to protect himself or herself from falling.
5The Regulation is amended by adding after section 49 the following:
Applicable standards
49.1(1)An owner of a place of employment, an employer and a contractor shall each ensure that the components of a fall-protection system
(a) are designed in accordance with good engineering practices,
(b) are erected, installed, assembled, used, handled, stored, adjusted, maintained, repaired and dismantled in accordance with the manufacturer’s specifications, and
(c) meet the requirements of the applicable standards.
49.1(2)For the purposes of paragraph (1)(c), the following CSA standards apply:
(a) Z259.1-05, “Body Belts and Saddles for Work Positioning and Travel Restraint” or Z259.1-95, “Safety Belts and Lanyards”;
(b) Z259.2.1-98, “Fall-arresters, Vertical life lines, and Rails” or Z259.2-M1979, “Fall-arresting Devices, Personnel Lowering Devices and Life Lines”, if the fall-arrester complies with Z259.2-M1979 it must be modified to make the fall-arrester panic proof;
(c) Z259.2.2-98, “Self-Retracting Devices for Personal Fall-Arrest Systems”, or equivalent;
(d) Z259.2.3-99, “Descent Control Devices”, or equivalent;
(e) Z259.10-06, “Full Body Harnesses” or Z259.10-M90, “Full Body Harness”;
(f) Z259.11-05, “Energy Absorbers and Lanyards” or Z259.11-M92, “Shock Absorbers for Personal Fall-Arrest Systems”;
(g) Z259.12-01, “Connecting Components for Personal Fall-Arrest Systems”, or equivalent;
(h) Z259.14-01, “Fall Restricting Equipment for Wood Pole Climbing”, or equivalent;
(i) Z259.13-04, “Flexible Horizontal Life Line Systems”; and
(j) Z259.16-04, “Design of Active Fall-Protection Systems”.
Fall-arresting system
49.2(1)An owner of a place of employment, an employer and a contractor shall each ensure that any fall-arresting system consists of the following:
(a) a full body harness that is designed and rated by the manufacturer for the employee’s body type and adjusted to fit the employee;
(b) a self-retracting lanyard, an energy absorbing lanyard or a lanyard and energy absorber that is rated by the manufacturer for the employee;
(c) unless it is a horizontal life line, an anchor point that is capable of withstanding a 22 kN force or, if used under the direction of a competent person, four times the maximum load that may be generated in the fall-arresting system.
49.2(2)An owner of a place of employment, an employer and a contractor shall each ensure that a fall-arresting system limits
(a) free falls to the shortest distance possible, which distance cannot exceed 1.8 m or a shock level on the body of 8 kN, and
(b) the total fall distance to an amount less than the distance from the work area to any safe level, water or obstruction below.
49.2(3)Despite subsection (2), if using an energy absorber is hazardous or impracticable, the fall-arresting system shall
(a) not include an energy absorber,
(b) not use lanyards made of wire rope or other inelastic material, and
(c) limit free falls to 1.2 m.
49.2(4)Before any use of a fall-arresting system by an employee, an owner of a place of employment, an employer or a contractor shall develop a procedure to be used for rescuing an employee in an emergency.
49.2(5)An owner of a place of employment, an employer and a contractor shall each ensure that an employee is trained to use the procedures referred to in subsection (4) for rescuing another employee in an emergency.
49.2(6)If a fall-arresting system arrests a fall, an owner of a place of employment, an employer and a contractor shall each ensure that all components, including connecting components of a fall-arresting system are
(a) removed from service and inspected by a competent person,
(b) repaired to the designer’s or manufacturer’s specifications, or
(c) destroyed when a defect is observed.
Anchor point in a fall-arresting system
49.3(1)An owner of a place of employment who permits the use of a fall-arresting system shall provide or ensure the use of a permanent or temporary anchor point that meets the requirements of paragraph 49.2(1)(c).
49.3(2)If a permanent anchor point has been provided, an owner of a place of employment shall
(a) prepare sketches showing the anchor point,
(b) provide a copy of the sketches to the employee who is using anchor points before the work begins, and
(c) ensure a copy of the sketches are posted conspicuously near the entrance to the roof.
49.3(3)An owner of a place of employment shall ensure that every anchor point is inspected and certified by a competent person
(a) before being used for the first time,
(b) as recommended by the manufacturer, the installer or an engineer and at least every 12 months,
(c) after any event or maintenance and repairs, and
(d) when the owner of a place of employment is informed under subsection (4) of a defect or inadequacy.
49.3(4)An employer or employee shall inform the owner of a place of employment immediately if they believe that any component of the anchor point is defective or inadequate.
49.3(5)If the inspection under subsection (3) reveals a defect or inadequacy, no one shall use the anchor point and no owner of a place of employment, employer or contractor shall permit its use until the defect or inadequacy has been eliminated.
Vertical life lines
49.4(1)A vertical life line in a fall-arresting system shall
(a) extend to a safe level,
(b) be adequately secured or weighted at the base of the life line to prevent tangling or disturbance of the life line,
(c) be securely attached to an anchor point,
(d) be free of imperfections,
(e) be free of knots or splices, except for those that are necessary to connect the life line to an anchor point,
(f) be provided with protective devices at all sharp edges or corners to protect against cuts to or chafing of the life line, and
(g) be clearly identified as a life line by colour or other means.
49.4(2)A vertical life line in a fall-arresting system shall be used for its intended purpose only and shall be used by one employee at a time.
Horizontal life lines
49.5(1)In this section “maximum arrest force” means the peak force exerted on an employee when a fall-arresting system stops a fall.(force d’arrêt maximale)
49.5(2)When a horizontal life line system which is engineered to meet CSA standard Z259.16-04, “Design of Active Fall-Protection Systems” is used, an owner of a place of employment, an employer and a contractor shall each ensure
(a) signed and dated drawings and instructions for the life line are readily available at the workplace, and
(b) that the system has been installed in accordance with the design documents.
49.5(3)The drawings and instructions referred to in paragraph (2)(a) shall contain the following information:
(a) the layout in plan and elevation, including anchor point locations, strengths, installation specifications, anchor point design and detailing; and
(b) the specification of the horizontal life line system, including permissible free fall, the maximum arrest force, clearance to obstructions below, cable size, breaking strength, termination details, initial sag or tension, number of permitted employees, and inspection requirements.
Pre-engineered horizontal life line systems
49.6An owner of a place of employment, an employer and a contractor shall each ensure that a competent person installs a pre-engineered horizontal life line system in accordance with the manufacturer’s specifications.
Horizontal life line systems that are not pre-engineered
49.7(1)When a horizontal life line system is used which is neither designed nor certified by an engineer and is not a pre-engineered system, an owner of a place of employment, an employer and a contractor shall each ensure it meets the following requirements:
(a) the wire rope must have a diameter of a minimum of 13 mm with a breaking strength specified by the manufacturer of at least 89 kN;
(b) connecting hardware such as shackles and turnbuckles must have an ultimate load capacity of at least 71 kN;
(c) end anchor points shall have a load capacity of at least 71 kN;
(d) the horizontal life line must be free of splices except at the termination;
(e) the span of the horizontal life line must be at least 6 m and not more than 18 m;
(f) the horizontal life line must have an unloaded sag no greater than 1 in 60;
(g) limit free falls to 1.2 m; and
(h) a minimum of 5.5 m of unobstructed clearance must be available below the horizontal life line.
49.7(2)When a horizontal life line system referred to in subsection (1) is used, no more than three employees may be secured to the horizontal life line and the horizontal life line must be positioned so it does not impede the safe movement of employees.
Safety nets
49.8(1)A personal safety net must meet the following requirements:
(a) be installed and maintained so that the maximum deflection when arresting the fall of an employee does not allow the employee to come into contact with another surface,
(b) be connected to any other safety net by splice joints that are equal or greater in strength to the strength of the nets, and
(c) be installed so as to render it impossible for an employee to come into contact with another surface during a fall between the work area and the safety net.
49.8(2)An owner of a place of employment, an employer and a contractor shall each ensure that a safety net is designed, selected, installed, used, stored, tested and maintained in accordance with ANSI standard A10.11-1989, “Personnel and Debris Nets”.
6Section 50 of the Regulation is repealed and the following is substituted:
Methods of fall-protection system
50(1)An owner of a place of employment, an employer and a contractor shall each ensure that employees use fall-protection systems in following order of precedence:
(a) a guardrail, a travel restraint system or a fall restricting system; or
(b) a fall-arresting system.
50(2)Despite subsection (1), the use of a guardrail is not permitted on a surface that has a slope exceeding 6 in 12.
50(3)Despite subsection (1), where a fall-protection system is impractical an owner of a place of employment, an employer and a contractor shall each ensure an employee uses a control zone.
50(4)Despite subsection (3), use of a control zone is not permitted on a working surface where the slope of the surface exceeds 3 in 12 or for scaffolds.
50(5)This section does not apply where a firefighter is engaged in structural fire-fighting or rescue.
7The Regulation is amended by adding after section 50 the following:
Work area
50.1Before an employee is allowed into an area where a risk of falling exists, an employer and a contractor shall each ensure the employee is instructed in the fall-protection system for the area and in the post-fall rescue procedure, if applicable, and that the employee is competent in the procedures to be followed.
Fall-protection code of practice
50.2(1)An employer and a contractor shall each ensure that a fall-protection code of practice is written for a workplace if a fall-protection system is required for the workplace and
(a) the employees are working from a height of 7.5 m or more,
(b) the employer uses a safety monitor and work procedures when weatherproofing as the means of fall-protection, or
(c) an officer requires that the code of practice be written.
50.2(2)The code of practice must be readily available at the workplace before work begins and employees must have received instruction with regards to the code of practice.
50.2(3)The code of practice shall be developed in consultation with the joint health and safety committee or the health and safety representative, if any, or with the affected employees.
50.2(4)The code of practice shall include the following information:
(a) possible hazardous situations, including a description of the hazards and the possible effects on the health or safety of employees;
(b) the identification of employees at risk;
(c) the location where the code of practice might apply;
(d) the methods and equipment to be used including inspections procedures;
(e) the procedures and equipment which might be required in the event of an emergency;
(f) the times, days, or events during which the code of practice might be applicable;
(g) the identification of training needs;
(h) the identification of the person responsible for implementing the code of practice; and
(i) the name of the safety monitor, if applicable, and the training the safety monitor has received.
Training
50.3(1)An employer shall ensure that a competent person trains an employee in the use, maintenance and inspection of a fall-protection system for the task being performed unless the fall-protection system is a guardrail.
50.3(2)The employer shall ensure that the competent person referred to in subsection (1), who provides the training, prepares a written training record which shall include the following information:
(a) the name of the employee who received the training;
(b) the date on which the training took place; and
(c) the name of the competent person and the name of the agency if any.
50.3(3)The training record for each employee shall be made available to an officer upon request.
50.3(4)An employer shall, in consultation with the joint health and safety committee or health and safety representative, if any, review annually or more frequently, if required by a change in work conditions or in the fall protection field, the training provided to employees concerning fall protection to determine if retraining is necessary.
Inspections of fall-protection system components
50.4(1)An owner of a place of employment, an employer and a contractor shall each ensure that each component of a fall-protection system is inspected as follows to determine whether there are any defective or inadequate components:
(a) visually by the employee before use during a shift; and
(b) by a competent person before initial use and periodically as recommended by the manufacturer, installer or an engineer.
50.4(2)If the inspection reveals a defect or inadequacy, no one shall use the fall-protection system and no owner of a place of employment, employer or contractor shall permit its use until the defect or inadequacy has been eliminated.
50.4(3)An owner of a place of employment, an employer and a contractor shall each ensure that all components of a fall-protection system are compatible with one another, the work environment and the type of work being done.
Inspections of personal fall-protection system components
50.5(1)An employer and an employee shall each ensure that each component of a personal fall-protection system is inspected as follows to determine whether there are any defective or inadequate components:
(a) by the employee prior to each use; and
(b) periodically as recommended by the manufacturer’s specifications.
50.5(2)If the inspection reveals a defect or inadequacy, no one shall use the personal fall-protection system and no employer or contractor shall permit its use until the defect or inadequacy has been eliminated.
8Section 51 of the Regulation is repealed and the following is substituted:
Water and other liquid safety
51(1)The following definitions apply in this section.
“automatically inflatable personal flotation device” means a device that provides buoyancy through an automatic inflation mechanism with an oral inflation system as a back-up and when worn correctly supports a conscious employee in an upright or backward leaning position, but is not designed to turn an employee from a face-down to a face-up position in the water;(vêtement de flottaison individuel auto-gonflable)
“life jacket” means an inherently buoyant device that when worn correctly supports a conscious or unconscious employee in an upright or backward leaning position and is designed to turn an employee from a face-down to a face-up position in the water;(gilet de sauvetage)
“personal flotation device” means an inherently buoyant device that when worn correctly supports a conscious employee in an upright or backward leaning position, but is not designed to turn an employee from a face-down to a face-up position in the water, and includes devices that are designed to protect an employee against hypothermia.(vêtement de flottaison individuel)
51(2)If an employee is exposed to a risk of drowning, an owner of a place of employment, an employer and a contractor shall each ensure the employee uses one of the following:
(a) a fall-protection system;
(b) a life jacket that conforms to CGSB standard CAN/CGSB-65.7-M88, “Life Jackets, Inherently Buoyant Type”;
(c) a personal flotation device that conforms to CGSB standard CAN/CGSB-65.11-M88, “Personal Flotation Devices”;
(d) an automatically inflatable personal flotation device that meets UL1180-95, “Fully Inflatable Recreational Personal Flotation Devices”; or
(e) a personal safety net that conforms to the requirements of section 49.8.
51(3)The shell of a life jacket or flotation device referred to in paragraphs (2)(b) to (d) shall be bright yellow, orange or red and have retro-reflective material fitted on surfaces normally above the surface of the water.
51(4)Despite subsection (2), an employee shall wear a life jacket when
(a) working alone, or
(b) there are insufficient resources to provide a quick and effective rescue.
51(5)An employer and a contractor shall each ensure that an employee wears a life jacket or flotation device referred to in paragraphs (2)(b) to (d) when being transported in a boat.
51(6)If an employee works on ice and the water under the ice is more than 1 m in depth, an employer and a contractor shall each test the ice before beginning any work and after as necessary to ensure that the ice will support any load placed on it.
51(7)If an automatically inflatable personal flotation device is used, the employer and the employee shall each ensure that
(a) the device is inspected and maintained by a competent person in accordance with the manufacturer’s specifications, and
(b) the date and details of the inspection and maintenance are recorded.
51(8)If an employee may fall into water or any other liquid and may require assistance to return to a place of safety, an employer and contractor shall each ensure that a copy of emergency procedures is posted at the place of employment, and which copy shall contain
(a) a full description of the emergency procedures, including the responsibilities of all employees granted access to the place of employment; and
(b) the location of any emergency equipment and the name of the employee designated to operate the equipment.
51(9)Emergency procedures shall include the following, as applicable:
(a) with regards to water or another liquid,
(i) its temperature,
(ii) its depth, and
(iii) its flow;
(b) any water traffic;
(c) the distance to the rescue boat;
(d) the distance to reach an employee;
(e) any projections or objects beneath the surface;
(f) any visibility issues;
(g) the time of day; and
(h) any adverse weather conditions.
51(10)If an employee may fall into water or any other liquid and may require assistance to return to a place of safety, an employer and contractor shall each ensure that
(a) appropriate emergency equipment is ready to be used,
(b) a person who is competent to operate the emergency equipment is readily available to provide assistance, and
(c) an alarm system is provided to signal the need for a rescue.
51(11)An employer and a contractor shall each ensure that an employee wears a life jacket or a personal flotation device when participating in a rescue.
51(12)If an employer or contractor provides a boat for use in an emergency, the employer or contractor shall ensure
(a) that the rescue boat is equipped with a life ring or buoy that is attached to 30 m of rope and a boat hook, and
(b) that the rescue boat is motorized if the water is likely to be rough or swift.
9Section 51.8 of the French version of the Regulation is amended
(a) in subsection (2) by striking out “dispositif aérien” and substituting “dispositif élévateur”;
(b) in subsection (3) by striking out “dispositif aérien” wherever it appears and substituting “dispositif élévateur”.
10The heading “Dispositifs aériens” preceding section 51.92 of the French version of the Regulation is repealed and the following is substituted:
Dispositifs élévateurs
11Section 51.92 of the French version of the Regulation is amended
(a) in subsection (1) by striking out the portion preceding paragraph a) and substituting the following:
Dispositifs élévateurs
51.92(1)Lorsqu’un dispositif élévateur est utilisé dans la lutte contre un incendie d’immeuble, l’employeur s’assure qu’il
(b) in subsection (2) by striking out “dispositif aérien” and substituting “dispositif élévateur”.
12Subsection 95(2) is amended by striking out “guardrail is installed” and substituting “fall-protection system is used”.
13Section 96.1 of the French version of the Regulation is amended
(a) in subsection (1)
(i) in paragraph a) by striking out “directives” and substituting “spécifications”;
(ii) in paragraph b) by striking out “directives” and substituting “spécifications”;
(b) in subsection (2) in the portion preceding paragraph a) by striking out “directives” and substituting “spécifications”.
14Section 97 of the Regulation is repealed and the following is substituted:
Guardrail materials
97(1)A guardrail shall
(a) be made of one of the following materials:
(i) if made of wood,
(A) the top rail, vertical supporting posts and intermediate rail shall be constructed of at least 50 mm × 100 mm No. 2 grade or better SPF, these measures being nominal, and
(B) shall not be painted other than by a transparent protective coating,
(ii) if made of metal pipe,
(A) the top rail and vertical supporting posts shall be at least 40 mm in diameter, and
(B) the intermediate rail shall be at least 25 mm diameter,
(iii) if made of angle iron,
(A) the top rail and vertical supporting posts shall be at least 40 mm × 40 mm by 5 mm, and
(B) the intermediate rail shall be at least 32 mm × 32 mm × 3 mm, or
(iv) if made of wire rope,
(A) the vertical supporting posts shall be made of steel of at least 40 mm in diameter or of a material of equivalent strength, and
(B) the top rail and intermediate rail shall be at least 10 mm in diameter, be attached to a welded fastening on the vertical supporting posts with metal clips to prevent unnecessary sagging and be easily distinguishable from the background; or
(b) be pre-engineered.
97(2)A guardrail shall
(a) have a height of not less than 900 mm or more than 1.07 m from the floor level,
(b) have a toeboard which
(i) is at least 127 mm high,
(ii) is fastened to the inside of the vertical supporting posts, and
(iii) has a space of not more than 6 mm between the bottom of the toeboard and the floor,
(c) have vertical supporting posts not more than 2.4 m apart along its entire length unless otherwise specified in manufacturer’s specifications, and
(d) have vertical supporting posts not more than 3 m apart along its entire length if the guardrail is used on scaffolding.
97(3)The vertical supporting posts referred to in paragraphs 2(c) and (d) shall be adequately fastened to the structure to support the loads imposed upon it.
97(4)Unless the guardrail is a pre-engineered guardrail, the top rail shall be fastened to the top or inside of the vertical supporting posts and the intermediate rail shall be fastened to the inside of the vertical supporting posts midway between the top rail and the floor level.
97(5)A guardrail shall be made of materials with sufficient strength and rigidity to support loads with the following minimums:
(a) 675 N in any direction, at any point along the top rail;
(b) 450 N in any direction, at any point along the intermediate rail; and
(c) 900 N in any direction, at any point along the top rail, intermediate rail and toeboard if the guardrail is used on a surface that is sloped more than 3 in 12 and less than 6 in 12.
15Section 98 of the Regulation is repealed.
16Section 99 of the Regulation is amended by striking out “An employer and a contractor” and substituting “An owner of a place of employment, an employer and a contractor”.
17Subsection 104(2) of the Regulation is repealed and the following is substituted:
104(2)If it is impracticable to install a temporary working floor, an employer and a contractor shall each ensure that a safety net that meets the requirements of subsection 49.8(2) is installed under the area where an employee is working or a that a travel restraint system or fall-arresting system is used by the employee.
18Section 105 of the Regulation is repealed and the following is substituted:
105(1)An employer and a contractor shall each ensure that a warning line is
(a) not less than 2 m from the unguarded edge,
(b) has a minimum diameter of 10 mm,
(c) is suspended at a height of not less than 750 mm and not more than 900 mm,
(d) is supported by corner and intermediate posts sufficient to keep the line taut, and
(e) has readily visible markers placed every 1.5 m along the length of the line.
105(2)Despite paragraph (1)(a), a warning line may be 1 m from an unguarded edge at the dump point for snow removal or when an employee is engaged in weatherproofing, provided adequate precautions are taken to ensure the safety of the employee.
105(3)An employer shall ensure that an employee who is working in the control zone uses another method of fall-protection in addition to the warning line.
105(4)When employees are engaged in weatherproofing, a safety monitor may be used as the means of fall-protection for employees working in the control zone.
105(5)The safety monitor referred to in subsection (4) shall ensure that tasks being performed in the control zone are performed in accordance with the fall-protection code of practice and in a manner that minimizes the potential for an employee to fall.
105(6)A safety monitor referred in subsection (4) shall
(a) be experienced in the work overseen and trained in the role of safety monitor,
(b) be present at all times when an employee is in the control zone,
(c) have complete authority over the work as it relates to the prevention of falls,
(d) be located so as to have a clear view of the work being performed by the employee,
(e) be able to communicate with the employees being protected without needing to yell,
(f) be instantly distinguishable from other workers,
(g) engage in no other duties while acting as the safety monitor, and
(h) monitor a maximum of eight workers.
105(7)An employer shall ensure that no employee enters the control zone unless the employee is required to do so by reason of the employee’s work duties.
105(8)The owner of a place of employment, employer and contractor shall each ensure a travel restraint system
(a) is rigged to prevent the employee from reaching an unguarded edge,
(b) is, subject to paragraph (c), attached to an anchor point capable of supporting two times the maximum load likely to be applied to it, or
(c) when it is used on a roof with a slope greater than 3 in 12, is attached to an anchor point that is capable of withstanding a 22 kN force or, if used under the direction of a competent person, four times the maximum load that may be generated in the fall-arresting system.
19Section 106.1 of the Regulation is repealed and the following is substituted:
106.1(1)In this section “perimeter work” means the work that must be performed at the edge of the roof.
106.1(2)Despite paragraph 97(2)(b), where an employee is engaged in perimeter work and a guardrail is used as the method of fall-protection, a toeboard is not required.
20Section 111 of the Regulation is repealed and the following is substituted:
111(1)An owner of a place of employment, an employer and a contractor shall each ensure that an opening on a work surface into which an employee may fall is guarded as follows:
(a) on all exposed sides by a guardrail; or
(b) by a protective covering that
(i) completely covers the opening,
(ii) is securely fastened,
(iii) is made from material adequate to support all loads to which the covering may be subjected, and
(iv) is marked as covering an opening.
111(2)Despite subsection (1), if an opening is a hatchway, chute, pit or trap-door the owner of the place of employment, an employer and the contractor shall each ensure that openings are guarded as follows:
(a) on all exposed sides by guardrails that are removable on not more than two sides and that are fixed on the other exposed sides; or
(b) by a flush hinged protective covering that
(i) completely covers the opening,
(ii) is securely fastened,
(iii) is of adequate strength,
(iv) is marked as covering an opening, and
(v) is adequately supported with attached railings so as to leave only one side of the opening exposed when the cover is open.
111(3)Despite subsections (1) and (2), if an opening leads to a stairway or ladder, an owner of a place of employment, an employer and a contractor shall each ensure that the opening is guarded by guardrails on all exposed sides, except for the side leading to the entrance to the stairway or ladder.
111(4)If a protective covering is used over an opening but is not in place, an owner of a place of employment, an employer and a contractor shall each ensure that the opening is constantly attended by an employee or is guarded by a guardrail on all exposed sides.
21Section 112 of Regulation is repealed.
22Section 121 of Regulation is amended
(a) by repealing subsection (2) and substituting the following:
121(2)An employer shall ensure that a fixed ladder that is more than 6 m in height is equipped with ladder cages.
(b) in subsection (3) by striking out “an individual fall-arresting system” and substituting “a fall-arresting system”.
23Section 124 of the Regulation is amended by adding after subsection (2) the following:
Exemption from use of a fall-protection system
124(3)An employee working 3 m or more above the ground or floor level on a portable ladder may work without a fall-protection system if
(a) the work is a light duty task of short duration at each location,
(b) the employee’s centre of gravity is maintained between the two ladder side rails,
(c) the employee will generally have one hand available to hold on to the ladder or another support, and
(d) the ladder is not positioned near an edge or floor opening that would significantly increase the potential fall distance.
24Section 129.1 of the Regulation is amended
(a) by repealing subsection (4) and substituting the following:
129.1(4)An employer shall ensure that a forklift platform is equipped with guardrails.
(b) by repealing subsection (5) and substituting the following:
129.1(5)Despite subsection (4), if it is impracticable to install guardrails when an employee is required to work from a moving forklift platform, the employer shall provide and the employee shall use a travel restraint system or fall-arresting system attached to an anchor point provided by the manufacturer or approved by an engineer.
(c) by repealing subsection (6) and substituting the following:
129.1(6)When a fall-arresting system is used, the employer shall ensure that the fall-arresting system does not interfere with the raising and lowering of the platform.
25Section 129.3 of the Regulation is amended
(a) by repealing paragraph (1)(b) and substituting the following:
(b) the platform is equipped with guardrails or a travel restraint system or fall-arresting system.
(b) by repealing subsection (2).
26Section 130 of the Regulation is amended
(a) by renumbering the section as subsection 130(1);
(b) by adding after subsection (1) the following:
130(2)If an employee is required to work from an elevating work platform described in paragraph (1)(a), (b) or (c), the employer shall provide and the employee shall continually use a travel restraint system or fall-arresting system attached to an anchor point on the elevating work platform.
130(3)Despite subsection (2), an employee is not required to continually use a travel restraint system or fall-arresting system when an elevating work platform
(a) is on a firm and flat surface,
(b) has all the manufacturer’s guardrails and chains in place, and
(c) is not moving horizontally or vertically.
27Subsection 131(1) of the Regulation is amended
(a) in the portion preceding paragraph (a) by striking out “An employer shall” and substituting “An employer and a contractor shall each”;
(b) by repealing paragraph (d) and substituting the following:
(d) if over 3 m, has a guardrail that meets the requirements of section 97.
28The Regulation is amended by adding after section 140 the following:
Suspended Equipment
Suspended equipment
140.1(1)An owner of a place of employment, an employer and a contractor shall each ensure that every employee who works on or from suspended equipment shall
(a) have an effective means of summoning assistance,
(b) be protected from falling while getting on or off the suspended equipment, and
(c) use a vertical life line that is
(i) suspended independently from the suspended equipment, and
(ii) securely attached to an anchor point so that the failure of one means of support will not cause the life line to fail.
140.1(2)An employer and a contractor shall each ensure that each component of the suspended equipment is inspected by a competent person
(a) visually at least once daily,
(b) before being used for the first time,
(c) as recommended by manufacturer, installer or designer and at least every 12 months, and
(d) after an event or after maintenance and repairs.
140.1(3)If an inspection referred to in subsection (2) reveals a defect or inadequacy, no one shall use the suspended equipment and no employer shall permit its use until the defect or hazard has been eliminated.
140.1(4)An employer and contractor shall each ensure
(a) that if the owner of a place of employment has provided the permanent or temporary anchor point that the anchor point complies with subsection 145.2(3), and
(b) that all components of suspended equipment are compatible with one another, the work environment and the type of work being performed.
29The heading “Suspended Work Platform” preceding section 141 of the Regulation is amended by striking out “Suspended” and substituting “Fixed Suspended”.
30Section 141 of the Regulation is amended
(a) by repealing subsection (1) and substituting the following:
141(1)An owner of a place of employment, an employer and a contractor shall each ensure that a fixed suspended work platform
(a) is designed and certified by an engineer as being
(i) able to withstand the stresses that are to be imposed upon it, and
(ii) fixed in such a way that the failure of one means of support or suspension will not upset the work platform,
(b) is equipped with guardrails,
(c) is provided with a safe means of access and egress for the employees using the platform,
(d) is suspended in a fixed position by adequate means securely anchored to the platform and to the overhead supporting structure, and
(e) when in use, is inspected daily by a competent person.
(b) by adding after subsection (1) the following:
141(1.1)The design referred to in paragraph (1)(a) shall
(a) set out the size and specifications of all components of the platform, including the type and grade of all materials to be used, and
(b) state the maximum live load of the platform.
(c) by repealing subsection (2) and substituting the following:
141(2)Despite subsection (1)(b), if it is impracticable to install guardrails when an employee is required to work from a fixed suspended work platform, the employer shall provide and the employee shall use a travel restraint system, a fall-arresting system or a safety net or make use of the control zone.
(d) in subsection (3) in the portion preceding paragraph (a) by striking out “suspended” and substituting “fixed suspended”.
31The heading “Swing Staging” preceding section 142 of the Regulation is repealed and the following is substituted:
Swing Staging and Boatswain’s Chair
32Section 142 of the Regulation is amended
(a) by repealing subsection (1) and substituting the following:
Fixed support
142(1)An employer shall ensure that swing staging and boatswain’s chair, when attached to a fixed support, are capable of supporting at least four times the maximum load to which the fixed support is likely to be subjected
(a) without overturning, and
(b) without exceeding the allowable unit stresses for the material used in the fixed support.
(b) by repealing subsection (2) and substituting the following:
Hook and thrust-out
142(2)An employer shall ensure that
(a) a hook used to suspend swing staging or boatswain’s chair
(i) has safety devices to prevent dislodgement, and
(ii) is securely tied back to an anchor point capable of preventing the movement of the suspended equipment, and
(b) a thrust-out used to suspend swing staging or boatswain’s chair
(i) is rigidly fastened to another thrust-out,
(ii) is securely tied back to an anchor point capable of preventing the movement of the suspended equipment,
(iii) is counter-balanced with sufficient solid material to ensure stability, and
(iv) has cleats or bolts fastened at the outer ends of the thrust-out to act as safety stops.
(c) by repealing subsection (3) and substituting the following:
Rope
142(3)An employer shall ensure that rope made of synthetic fibre or wire used to suspend swing staging or a boatswain’s chair
(a) provides a safety factor of not less than ten, based on the ratio of the manufacturer’s rated breaking strength of the rope to the static load,
(b) is securely fastened to the drum of a winch, and is of sufficient length to allow for at least three turns of rope on the drum when the swing staging or a boatswain’s chair is in its lowest position or in accordance with the manufacturer’s specifications, and
(c) is removed from use in accordance with the manufacturer’s specifications.
(d) by repealing subsection (4) and substituting the following:
Materials
142(4)An employer shall ensure the materials used to support swing staging or a boatswain’s chair meet the following requirements:
(a) if hangers are used, the hangers are made of wrought iron or mild steel with a cross section equal to 10 mm by 32 mm or a diameter of at least 19 mm and are securely attached to the platform or chair;
(b) if wire rope is used, the wire rope is at least 13 mm in diameter for the swing staging and 9 mm for the boatswain’s chair; and
(c) if another material is used, it has been certified by an engineer as being of a strength equivalent to that prescribed in paragraph (a) or (b).
33Subsection 143(1) of the Regulation is repealed and the following is substituted:
Winches
143(1)An employer shall ensure that the winches used for hoisting and lowering swing staging or a boatswain’s chair have a ratchet device, a worm and gear mechanism and a locking key or a similar device for preventing the slipping or free running of the winch.
34Section 144 of the Regulation is repealed and the following is substituted:
Securing tools and other objects
144Where an employee is working on swing staging or a boatswain’s chair above another employee, the employee working above shall ensure that the employee below is protected from the hazards of objects falling from the higher level by tying off tools and other unsecured objects on the higher level.
35The Regulation is amended by adding after section 144 the following:
Obligation to use a fall-arresting system
144.1An employer shall ensure and an employee shall continually use a fall-arresting system that meets the requirements of section 49.2 while on the swing staging.
Anchor points on a swing staging
144.2The personal fall-protection system may only be attached to an anchor point on a swing staging when
(a) there are at least two independent means of support or suspension, and
(b) it is designed, constructed and maintained so that the failure of one means of support or suspension will not upset the swing staging.
36Section 145 of the Regulation is repealed and the following is substituted:
Boatswain’s chair
145An employer shall ensure that a boatswain’s chair has a seat at least 600 mm long and 250 mm wide that is of one piece construction capable of supporting 224 kg that
(a) is supported by a sling that crosses underneath the seat, in accordance with paragraph 142(4)(b), or
(b) is a manufactured system providing equivalent protection.
37The Regulation is amended by adding after section 145 the following:
Boatswain’s chair
145.1(1)The boatswain’s chair shall only be used to work within arm’s reach of the employee who is freely suspended.
145.1(2)An employer shall ensure that an employee in a boatswain’s chair uses:
(a) a fall-arresting system that meets the requirements of section 49.2; and
(b) a descent control that
(i) is classified as type 2W or 3W as per CSA standard Z259.2.3-99 “Descent Control Devices” or equivalent, and
(ii) is used in accordance with the manufacturer’s specifications regarding installation, operating and maintenance.
Duties of an owner of a place of employment
145.2(1)Every owner of a place of employment who allows suspended equipment operations on a place of employment shall provide or ensure the use of permanent or temporary anchor points that meet the requirements of subsection 142(2).
145.2(2)If a permanent anchor point has been provided, the owner of a place of employment shall
(a) prepare sketches showing the anchor point and related structures,
(b) provide a copy of the sketches to the employee who is to work from suspended equipment before the work begins, and
(c) ensure a copy of the sketches are posted conspicuously near the entrance to the roof.
145.2(3)If a permanent or temporary anchor point has been provided, the owner of a place of employment shall ensure that the anchor point as well as the permanently installed suspended equipment are inspected and certified by a competent person
(a) before being used for the first time,
(b) as recommended by manufacturer, installer or designer and at least every 12 months,
(c) after an event or after maintenance and repairs, and
(d) when the owner of a place of employment is informed under subsection (4) of a defect or inadequacy.
145.2(4)An employer or employee shall inform the owner of a place of employment immediately if they believe that the anchor point or any component of the permanently installed suspended equipment is defective or inadequate.
145.2(5)If the inspection under subsection (3) reveals a defect or inadequacy, no one shall use the anchor point or the permanently installed suspended equipment and no owner of a place of employment, employer or contractor shall permit their use until the defect or inadequacy has been eliminated.
38Subsection 208(5) of the French version of the Regulation is amended by striking out “contre-poids” and substituting “contrepoids”.
39Subsection 231(5) of the Regulation is repealed and the following is substituted:
Use of a fall-arresting system
231(5)An employee occupying a personnel carrying device referred to in subsection (2) shall use a fall-arresting system that is securely anchored to the personnel carrying device.
40Section 232 of the Regulation is repealed and the following is substituted:
Aerial device
232(1)An aerial device shall
(a) conform with CSA standard C225-M88, “Vehicle-Mounted Aerial Devices”, or
(b) be certified in writing by an engineer as being safe to elevate personnel to a work site above ground level.
232(2)If an employee is required to work from a moving boom supported elevating work platform or a moving aerial device, the employer shall provide and the employee shall continually use a fall-arresting system.
232(3)The fall-arresting system referred to in subsection (2) shall be attached to:
(a) an anchor point provided by the manufacturer; or
(b) an anchor point that is approved by an engineer and secured to the upper boom of the platform or aerial device.
41Subsection 242(1) of the French version of the Regulation is amended by striking out “contre-poids” and substituting “contrepoids”.
42Paragraph 326(a) of the Regulation is amended by striking out “point of anchorage” and substituting “anchor point”.
43Paragraph 342(11)c) of the French version of the Regulation is amended by striking out “au paragraphe” and substituting “à l’alinéa”.
44The French version of the table following paragraph 371(2)b) of the Regulation is amended by striking out “appareil aérien” wherever it appears and substituting “dispositif élévateur”.
45Section 374 of the Regulation is amended in the portion preceding paragraph (a) by striking out “an individual fall-arresting system” and substituting “a fall-arresting system”.
46A horizontal life line, including those that are components of a horizontal life line system, which has been designed and certified by an engineer and is already in use at the coming into force of this Regulation shall be deemed to meet the applicable standards established in this Regulation.
47(1)Subject to subsections (2) and (3), this Regulation comes into force on January 1, 2011.
47(2)Section 50.3 of the General Regulation - Occupational Health and Safety Act, as enacted by section 7 of this Regulation, comes into force on July 1, 2011.
47(3)Section 26 of this Regulation comes into force on July 1, 2011.