Acts and Regulations

91-191 - General

Full text
Definitions
2In this Regulation
“ACGIH” means the American Conference of Governmental Industrial Hygienists;(ACGIH)
“Act” means the Occupational Health and Safety Act;(Loi)
“adequate” means sufficient to protect a person from the risk of injury or damage to health;(convenable)
“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)
“air contaminant” means any gas, fume, smoke, vapour, dust or other substance in the air, the concentration of which may be hazardous to the health or safety of a person;(aérocontaminant)
“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;(point d’ancrage)
“angle of repose” means the angle with the horizontal at which material will no longer flow freely;(angle de repos)
“ANSI” means the American National Standards Institute;(ANSI)
“arboricultural operation” means work connected with the care and maintenance of trees and includes pruning and tree removal;(opération arboricole)
“ASHRAE” means the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc.;(ASHRAE)
“ASME” means the American Society of Mechanical Engineers;(ASME)
“blank flange” means a solid plate installed through the cross-section of a pipe, usually at a flanged connection;(obturateur)
“blaster” means a person who holds a valid certificate of qualification in the blaster occupation or powderman trade issued under the Apprenticeship and Occupational Certification Act;(boutefeu)
“blasting area” means an area within a 50 m radius extending from a place where explosives are being prepared, handled or loaded or from a place where an unexploded charge is known or believed to exist;(aire de sautage)
“blasting operation” means an operation using explosives and extends from the time explosives arrive at a place of employment to the time all explosives are used or removed from the place of employment;(opération de sautage)
“blind flange” means a solid plate installed at the end of a pipe that has been physically disconnected from a piping system; (bride pleine)
“body belt” means a body support device that encircles the body at the waist and is also known as a safety belt;(sangle ceinture)
“ceiling” means a ceiling as defined in the ACGIH publication entitled “2016 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices”; (limite maximale d’exposition)
“CGA” means the Compressed Gas Association, Inc.;(CGA)
“CGSB” means the Canadian General Standards Board;(ONGC)
“competent” means(compétent)
(a) qualified, because of such factors as knowledge, training and experience, to do assigned work in a manner that will ensure the health and safety of persons,
(b) knowledgeable about the provisions of the Act and the regulations that apply to the assigned work, and
(c) knowledgeable about potential or actual danger to health or safety connected with the assigned work;
“control zone” means the area between an unguarded edge and a warning line which represents a safe distance from the edge;(périmètre de sécurité)
“critical lift” means(levage critique)
(a) a lift by a mobile crane if the load exceeds 90% of its rated capacity while it is lifting the load at a load radius of more than 50% of its maximum permitted load radius, taking into account its position and configuration during the lift,
(b) a tandem lift by two hoisting apparatuses that are powered if the load of one of them exceeds 75% of its rated capacity,
(c) a lift by a hoisting apparatus that is powered, supported on a floating base, if the load exceeds 90% of its rated capacity,
(d) a lift by more than two hoisting apparatuses that are powered,
(e) a lift of a person in a personnel carrying device suspended from a mobile crane or a hoisting apparatus that is powered,
(f) a lift of a submerged load by a mobile crane or a hoisting apparatus that is powered, or
(g) a lift by a mobile crane or a hoisting apparatus that is powered
(i) in which the centre of gravity of the load changes during the lift,
(ii) in which the length of one or more sling legs changes during a lift, or
(iii) that goes over or between energized high voltage electrical conductors;
“CSA” means the CSA Group;(CSA)
“danger area” means twice the distance at which there exists a possibility of hazard to a person or property from the effects of a blast;(aire de danger)
“dB” means peak sound pressure level in decibels referenced to twenty micropascals;(dB)
“dBA” means the sound pressure level in decibels referenced to twenty micropascals measured on the A scale of a sound level meter;(dBA)
“de-energized” means isolated and grounded;(dé-électrifié)
“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)
“engineer” means a person who(ingénieur)
(a) is registered as a member of the Association of Professional Engineers and Geoscientists of New Brunswick as entitled to engage in the practice of engineering,
(b) has received a licence from the Executive Council of the Association of Professional Engineers and Geoscientists of New Brunswick to engage in engineering, or
(c) is practising as a professional engineer in New Brunswick under subsection 10(7) of the Engineering and Geoscience Professions Act;
“exemption quantity” means exemption quantity as defined in section 1 of the Nuclear Substances and Radiation Devices Regulations made under the Nuclear Safety and Control Act (Canada); (quantité d’exemption)
“explosive” means a substance that is made, manufactured or used to produce an explosion or detonation and includes black powder, propellant powders, blasting agents, dynamite, detonating cord, slurry, watergel and detonators;(explosif)
“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;(dispositif d’arrêt de chute)
“fall-arresting system” means a permanent or temporary assembly of fall-protection components designed to arrest the fall of one or more employees;(système d’arrêt de chute)
“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(système de protection contre les chutes)
(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;(système de limitation de chute)
“felling” means any part of an operation that severs a tree from its stump and brings it to a horizontal position on the ground or a bed;(coupe)
“firefighter” means an employee who provides fire protection services to the public from a fire department within a local government or rural district, and includes an industrial firefighter;(pompier)
“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;(chute libre)
“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;(harnais de sécurité)
“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;(garde-corps)
“harassment” , in a place of employment, means any objectionable or offensive behaviour that is known or ought reasonably to be known to be unwelcome, including bullying or any other conduct, comment or display made on either a one-time or repeated basis that threatens the health or safety of an employee, and includes sexual harassment, but does not include reasonable conduct of an employer in respect of the management and direction of employees at the place of employment;(harcèlement)
“hazardous substance” means a substance that may, because of its harmful nature, cause injury or damage to the health or safety of a person exposed to it;(substances dangereuses)
“hoisting apparatus” means mobile cranes, tower cranes, electric overhead travelling cranes, vehicle hoists, winches, and other similar equipment, but does not include elevators, dumbwaiters, or mine hoists; (appareils de levage)
“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;(corde d’assurance horizontale)
“hot tapping” means a process of penetrating through the pressure‐containing barrier of a pipe or equipment that has not been totally isolated, depressurized, purged and cleaned;(piquage en charge)
“IDLH atmosphere” means an atmosphere that poses an immediate threat to life or that may cause irreversible adverse health effects or impair a person’s ability to escape; (atmosphère DIVS)
“individual fall-arresting system” Repealed: 2010-159
“industrial firefighter” means an employee who works at an industrial or commercial place of employment and who is designated by their employer to fight fires at that place of employment;(pompier industriel)
“industrial lift truck” means a self-propelled vehicle used to carry, lift, stack, tier, push or pull material;(chariot de levage industriel)
“isolate” means to interrupt the supply of materials to or disconnect pipes, hoses or energy sources by applying control measures;(isoler)
“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;(cordon d’assujettissement)
“life line” means a manila rope with a minimum diameter of 19 mm or a rope or strap of equivalent strength; (corde d’assurance)
“lock out” means to render inoperative and prevent from being activated any machine or equipment, including electrical equipment, by using a locking device to isolate the energy source from the machine or the equipment; (verrouiller)
“logging operation” means work connected with the harvesting of trees and includes the transportation, felling, delimbing, cutting to length, processing on site and extraction of trees;(opération de bûcheronnage)
“manufacturer’s rated capacity” means the maximum capacity, speed, load, depth of operation or working pressure recommended in the manufacturer’s specifications for the operation of a machine under the circumstances prevailing at the time of operation;(capacité nominale du fabricant)
“manufacturer’s specifications” means the written instructions or recommendations of a manufacturer of a machine, materials, tools or equipment that outline the manner in which the machine, materials, tools or equipment is to be erected, installed, assembled, started, operated, used, handled, stored, stopped, adjusted, maintained, repaired or dismantled and includes an instruction, operating or maintenance manual and drawings;(spécifications du fabricant)
“occupational exposure limit” means (limite d’exposition professionnelle)
(a) except with respect to lead sulfide, formaldehyde, sulphur dioxide, hydrogen sulphide, nitrogen dioxide and any other air contaminant for which the Commission sets an exposure limit, a threshold limit value adopted by the ACGIH and set out in the ACGIH publication entitled “2016 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices”,
(b) with respect to lead sulfide, an exposure limit set at 0.15 mg/m3 – TWA,
(c) with respect to formaldehyde, an exposure limit set at 0.5 ppm – TWA and 1.5 ppm – STEL,
(d) with respect to sulphur dioxide, an exposure limit set at 2 ppm (5.2 mg/m3) – TWA and 5 ppm (13 mg/m3) – STEL,
(e) with respect to hydrogen sulphide, a ceiling of 10 ppm (13.9 mg/m3),
(f) with respect to nitrogen dioxide, an exposure limit set at 3 ppm (5.6 mg/m3) – TWA and 5 ppm (9.4 mg/m3) – STEL, and
(g) with respect to any other air contaminant for which the Commission sets an exposure limit, the exposure limit set by the Commission;
“owner of a tool” means a person who has purchased, rented or otherwise obtained a tool and has the tool for use at a place of employment;(propriétaire d’un outil)
“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;(système personnel de protection contre les chutes)
“physical agent” means any noise, ionizing or non-ionizing radiation, temperature, pressure, vibration or electric or magnetic field that may, if exposed in sufficient quantities and duration, result in illness or injury to human health; (agent physique)
“portable compressed gas container” means any container having a water capacity of 450 kg or less that contains or is intended to contain a compressed or liquefied gas;(contenant portatif de gaz sous pression)
“portable power-operated hand tool” means a tool held with one or both hands and powered by a hydraulic, pneumatic, electrical or chemical energy source;(outil à main portatif motorisé)
“powder actuated tool” means a tool that, by means of an explosive force, propels or discharges a fastening device for the purpose of impinging it on, affixing it to or causing it to penetrate another object or material;(pistolet d’ancrage à charge explosive)
“powderman” Repealed: 93-8
“powered mobile equipment” means self-propelled off-highway equipment used for construction, mining, agriculture, forestry and other purposes and includes front-end loaders, dozers, backhoes, excavators, skidders, forwarders, tree-harvesters, scrapers, compactors, rollers, graders, agricultural tractors and industrial tractors, but does not include industrial lift trucks or mobile cranes;(équipment mobile à moteur)
“pressure” means gauge pressure in kilopascals;(pression)
“SAE” means the Society of Automotive Engineers;(SAE)
“safeguard” means a guard, shield, guardrail, fence, gate, barrier, safety net, wire mesh or other protective enclosure, handrail or other similar device designed to protect the safety of a person, but does not include protective equipment;(dispositif de protection)
“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)
“service stairway” means a stairway used for access for purposes of maintenance and repair and not used as part of a travelway;(escalier de service)
“short-term exposure limit or STEL” Repealed: 2022-79
“silviculture operation” means the development and care of trees and includes site preparation, planting, thinning and harvesting;(opération de sylviculture)
“STEL” means short-term exposure limit or STEL as defined in the ACGIH publication entitled “2016 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices”; (LECT)
“structural fire-fighting” means the activities of rescue, fire suppression and conservation of property from fires involving buildings, structures, vehicles, vessels, aircraft or other large objects;(lutte contre un incendie d’immeuble)
“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)
“swing staging” means a platform supported at the ends by hangers or stirrups and slings and suspended by ropes attached to hooks or thrust-outs which are attached to fixed supports;(échafaudage volant)
“threshold limit value” Repealed: 2022-27
“time-weighted average or TWA” Repealed: 2022-79
“tool” includes a hand tool, a portable power-operated hand tool and a powder actuated tool;(outil)
“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)
“TWA” means time-weighted average or TWA as defined in the ACGIH publication entitled “2016 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices”; (MPT)
“underground mine” means an underground mine as defined in the Underground Mine Regulation - Occupational Health and Safety Act;(mine souterraine)
“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)
“violence” , in a place of employment, means the attempted or actual use of physical force against an employee, or any threatening statement or behaviour that gives an employee reasonable cause to believe that physical force will be used against the employee, and includes sexual violence, intimate partner violence and domestic violence; (violence)
“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 platform” Repealed: 2001-33
“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 their hands free to perform a task; (dispositif pour travaux en élévation)
“zero energy state” means a state in which a machine or equipment is rendered incapable of spontaneous or unexpected action. (niveau d’énergie zéro)
93-8; 96-106; 97-121; 2001-33; 2005-80; 2010-159; 2017, c.20, s.122; 2018-82; 2020-35; 2022-27; 2021, c.44, s.47; 2022-79
Definitions
2In this Regulation
“ACGIH” means the American Conference of Governmental Industrial Hygienists;(ACGIH)
“Act” means the Occupational Health and Safety Act;(Loi)
“adequate” means sufficient to protect a person from the risk of injury or damage to health;(convenable)
“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)
“air contaminant” means any gas, fume, smoke, vapour, dust or other airborne concentration of a substance that may be hazardous to the health or safety of a person;(polluant)
“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;(point d’ancrage)
“angle of repose” means the angle with the horizontal at which material will no longer flow freely;(angle de repos)
“ANSI” means the American National Standards Institute;(ANSI)
“arboricultural operation” means work connected with the care and maintenance of trees and includes pruning and tree removal;(opération arboricole)
“ASHRAE” means the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc.;(ASHRAE)
“ASME” means the American Society of Mechanical Engineers;(ASME)
“blaster” means a person who holds a valid certificate of qualification in the blaster occupation or powderman trade issued under the Apprenticeship and Occupational Certification Act;(boutefeu)
“blasting area” means an area within a 50 m radius extending from a place where explosives are being prepared, handled or loaded or from a place where an unexploded charge is known or believed to exist;(aire de sautage)
“blasting operation” means an operation using explosives and extends from the time explosives arrive at a place of employment to the time all explosives are used or removed from the place of employment;(opération de sautage)
“body belt” means a body support device that encircles the body at the waist and is also known as a safety belt;(sangle ceinture)
“ceiling” means a ceiling as defined in the ACGIH publication entitled “2016 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices”; (limite maximale d’exposition)
“CGA” means the Compressed Gas Association, Inc.;(CGA)
“CGSB” means the Canadian General Standards Board;(ONGC)
“competent” means(compétent)
(a) qualified, because of such factors as knowledge, training and experience, to do assigned work in a manner that will ensure the health and safety of persons,
(b) knowledgeable about the provisions of the Act and the regulations that apply to the assigned work, and
(c) knowledgeable about potential or actual danger to health or safety connected with the assigned work;
“control zone” means the area between an unguarded edge and a warning line which represents a safe distance from the edge;(périmètre de sécurité)
“CSA” means the CSA Group;(CSA)
“danger area” means twice the distance at which there exists a possibility of hazard to a person or property from the effects of a blast;(aire de danger)
“dB” means peak sound pressure level in decibels referenced to twenty micropascals;(dB)
“dBA” means the sound pressure level in decibels referenced to twenty micropascals measured on the A scale of a sound level meter;(dBA)
“de-energized” means isolated and grounded;(dé-électrifié)
“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)
“engineer” means a person who(ingénieur)
(a) is registered as a member of the Association of Professional Engineers and Geoscientists of New Brunswick as entitled to engage in the practice of engineering,
(b) has received a licence from the Executive Council of the Association of Professional Engineers and Geoscientists of New Brunswick to engage in engineering, or
(c) is practising as a professional engineer in New Brunswick under subsection 10(7) of the Engineering and Geoscience Professions Act;
“explosive” means a substance that is made, manufactured or used to produce an explosion or detonation and includes black powder, propellant powders, blasting agents, dynamite, detonating cord, slurry, watergel and detonators;(explosif)
“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;(dispositif d’arrêt de chute)
“fall-arresting system” means a permanent or temporary assembly of fall-protection components designed to arrest the fall of one or more employees;(système d’arrêt de chute)
“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(système de protection contre les chutes)
(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;(système de limitation de chute)
“felling” means any part of an operation that severs a tree from its stump and brings it to a horizontal position on the ground or a bed;(coupe)
“firefighter” means an employee who provides fire protection services to the public from a fire department within a local government or local service district, and includes an industrial firefighter;(pompier)
“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;(chute libre)
“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;(harnais de sécurité)
“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;(garde-corps)
“harassment” , in a place of employment, means any objectionable or offensive behaviour that is known or ought reasonably to be known to be unwelcome, including bullying or any other conduct, comment or display made on either a one-time or repeated basis that threatens the health or safety of an employee, and includes sexual harassment, but does not include reasonable conduct of an employer in respect of the management and direction of employees at the place of employment;(harcèlement)
“hazardous substance” means a substance that may, because of its harmful nature, cause injury or damage to the health or safety of a person exposed to it;(substances dangereuses)
“hoisting apparatus” means mobile cranes, tower cranes, electric overhead travelling cranes, vehicle hoists, winches, and other similar equipment, but does not include elevators, dumbwaiters, or mine hoists; (appareils de levage)
“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;(corde d’assurance horizontale)
“individual fall-arresting system” Repealed: 2010-159
“industrial firefighter” means an employee who works at an industrial or commercial place of employment and who is designated by their employer to fight fires at that place of employment;(pompier industriel)
“industrial lift truck” means a self-propelled vehicle used to carry, lift, stack, tier, push or pull material;(chariot de levage industriel)
“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;(cordon d’assujettissement)
“life line” means a manila rope with a minimum diameter of 19 mm or a rope or strap of equivalent strength; (corde d’assurance)
“lock out” means to render a machine or electrical equipment inoperative and prevent it from being activated by using a locking device to isolate the energy source from the machine or equipment;(verrouiller)
“logging operation” means work connected with the harvesting of trees and includes the transportation, felling, delimbing, cutting to length, processing on site and extraction of trees;(opération de bûcheronnage)
“manufacturer’s rated capacity” means the maximum capacity, speed, load, depth of operation or working pressure recommended in the manufacturer’s specifications for the operation of a machine under the circumstances prevailing at the time of operation;(capacité nominale du fabricant)
“manufacturer’s specifications” means the written instructions or recommendations of a manufacturer of a machine, materials, tools or equipment that outline the manner in which the machine, materials, tools or equipment is to be erected, installed, assembled, started, operated, used, handled, stored, stopped, adjusted, maintained, repaired or dismantled and includes an instruction, operating or maintenance manual and drawings;(spécifications du fabricant)
“occupational exposure limit” means (limite d’exposition professionnelle)
(a) except with respect to lead sulfide, formaldehyde, sulphur dioxide, hydrogen sulphide, nitrogen dioxide and any other air contaminant for which the Commission sets an exposure limit, a threshold limit value adopted by the ACGIH and set out in the ACGIH publication entitled “2016 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices”,
(b) with respect to lead sulfide, an exposure limit set at 0.15 mg/m3 – TWA,
(c) with respect to formaldehyde, an exposure limit set at 0.5 ppm – TWA and 1.5 ppm – STEL,
(d) with respect to sulphur dioxide, an exposure limit set at 2 ppm (5.2 mg/m3) – TWA and 5 ppm (13 mg/m3) – STEL,
(e) with respect to hydrogen sulphide, a ceiling of 10 ppm (13.9 mg/m3),
(f) with respect to nitrogen dioxide, an exposure limit set at 3 ppm (5.6 mg/m3) – TWA and 5 ppm (9.4 mg/m3) – STEL, and
(g) with respect to any other air contaminant for which the Commission sets an exposure limit, the exposure limit set by the Commission;
“owner of a tool” means a person who has purchased, rented or otherwise obtained a tool and has the tool for use at a place of employment;(propriétaire d’un outil)
“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;(système personnel de protection contre les chutes)
“physical agent” means any noise, ionizing or non-ionizing radiation, temperature, pressure, vibration or electric or magnetic field that may, if exposed in sufficient quantities and duration, result in illness or injury to human health; (agent physique)
“portable compressed gas container” means any container having a water capacity of 450 kg or less that contains or is intended to contain a compressed or liquefied gas;(contenant portatif de gaz sous pression)
“portable power-operated hand tool” means a tool held with one or both hands and powered by a hydraulic, pneumatic, electrical or chemical energy source;(outil à main portatif motorisé)
“powder actuated tool” means a tool that, by means of an explosive force, propels or discharges a fastening device for the purpose of impinging it on, affixing it to or causing it to penetrate another object or material;(pistolet d’ancrage à charge explosive)
“powderman” Repealed: 93-8
“powered mobile equipment” means self-propelled off-highway equipment used for construction, mining, agriculture, forestry and other purposes and includes front-end loaders, dozers, backhoes, excavators, skidders, forwarders, tree-harvesters, scrapers, compactors, rollers, graders, agricultural tractors and industrial tractors, but does not include industrial lift trucks or mobile cranes;(équipment mobile à moteur)
“pressure” means gauge pressure in kilopascals;(pression)
“SAE” means the Society of Automotive Engineers;(SAE)
“safeguard” means a guard, shield, guardrail, fence, gate, barrier, safety net, wire mesh or other protective enclosure, handrail or other similar device designed to protect the safety of a person, but does not include protective equipment;(dispositif de protection)
“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)
“service stairway” means a stairway used for access for purposes of maintenance and repair and not used as part of a travelway;(escalier de service)
“short-term exposure limit or STEL” means STEL as defined in the ACGIH publication entitled “2016 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices”;(limite d’exposition à court terme ou LECT)
“silviculture operation” means the development and care of trees and includes site preparation, planting, thinning and harvesting;(opération de sylviculture)
“structural fire-fighting” means the activities of rescue, fire suppression and conservation of property from fires involving buildings, structures, vehicles, vessels, aircraft or other large objects;(lutte contre un incendie d’immeuble)
“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)
“swing staging” means a platform supported at the ends by hangers or stirrups and slings and suspended by ropes attached to hooks or thrust-outs which are attached to fixed supports;(échafaudage volant)
“threshold limit value” Repealed: 2022-27
“time-weighted average or TWA” means TWA as defined in the ACGIH publication entitled “2016 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices”;(moyenne pondérée dans le temps ou MPT)
“tool” includes a hand tool, a portable power-operated hand tool and a powder actuated tool;(outil)
“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)
“underground mine” means an underground mine as defined in the Underground Mine Regulation - Occupational Health and Safety Act;(mine souterraine)
“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)
“violence” , in a place of employment, means the attempted or actual use of physical force against an employee, or any threatening statement or behaviour that gives an employee reasonable cause to believe that physical force will be used against the employee, and includes sexual violence, intimate partner violence and domestic violence; (violence)
“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 platform” Repealed: 2001-33
“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 their hands free to perform a task; (dispositif pour travaux en élévation)
“zero energy state” means, with respect to a machine, a state in which all(niveau d’énergie zéro)
(a) power sources,
(b) pressurized fluids and air,
(c) potential mechanical energy,
(d) accumulators and air surge tanks,
(e) kinetic energy of machine members,
(f) loose or freely moveable machine members, and
(g) moveable material or work pieces that are supported, retained or controlled by a machine and that could move or cause the machine to move,
are acted upon to render the machine incapable of spontaneous or unexpected action by being locked out, isolated, blocked, supported, retained, controlled, drained to tank, vented to the atmosphere, reduced to atmospheric pressure or otherwise released of potential energy.
93-8; 96-106; 97-121; 2001-33; 2005-80; 2010-159; 2017, c.20, s.122; 2018-82; 2020-35; 2022-27
Definitions
2In this Regulation
“ACGIH” means the American Conference of Governmental Industrial Hygienists;(ACGIH)
“Act” means the Occupational Health and Safety Act;(Loi)
“adequate” means sufficient to protect a person from the risk of injury or damage to health;(convenable)
“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)
“air contaminant” means any gas, fume, smoke, vapour, dust or other airborne concentration of a substance that may be hazardous to the health or safety of a person;(polluant)
“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;(point d’ancrage)
“angle of repose” means the angle with the horizontal at which material will no longer flow freely;(angle de repos)
“ANSI” means the American National Standards Institute;(ANSI)
“arboricultural operation” means work connected with the care and maintenance of trees and includes pruning and tree removal;(opération arboricole)
“ASHRAE” means the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc.;(ASHRAE)
“ASME” means the American Society of Mechanical Engineers;(ASME)
“blaster” means a person who holds a valid certificate of qualification in the blaster occupation or powderman trade issued under the Apprenticeship and Occupational Certification Act;(boutefeu)
“blasting area” means an area within a 50 m radius extending from a place where explosives are being prepared, handled or loaded or from a place where an unexploded charge is known or believed to exist;(aire de sautage)
“blasting operation” means an operation using explosives and extends from the time explosives arrive at a place of employment to the time all explosives are used or removed from the place of employment;(opération de sautage)
“body belt” means a body support device that encircles the body at the waist and is also known as a safety belt;(sangle ceinture)
“CGA” means the Compressed Gas Association, Inc.;(CGA)
“CGSB” means the Canadian General Standards Board;(ONGC)
“competent” means(compétent)
(a) qualified, because of such factors as knowledge, training and experience, to do assigned work in a manner that will ensure the health and safety of persons,
(b) knowledgeable about the provisions of the Act and the regulations that apply to the assigned work, and
(c) knowledgeable about potential or actual danger to health or safety connected with the assigned work;
“control zone” means the area between an unguarded edge and a warning line which represents a safe distance from the edge;(périmètre de sécurité)
“CSA” means the CSA Group;(CSA)
“danger area” means twice the distance at which there exists a possibility of hazard to a person or property from the effects of a blast;(aire de danger)
“dB” means peak sound pressure level in decibels referenced to twenty micropascals;(dB)
“dBA” means the sound pressure level in decibels referenced to twenty micropascals measured on the A scale of a sound level meter;(dBA)
“de-energized” means isolated and grounded;(dé-électrifié)
“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)
“engineer” means a person who(ingénieur)
(a) is registered as a member of the Association of Professional Engineers and Geoscientists of New Brunswick as entitled to engage in the practice of engineering,
(b) has received a licence from the Executive Council of the Association of Professional Engineers and Geoscientists of New Brunswick to engage in engineering, or
(c) is practising as a professional engineer in New Brunswick under subsection 10(7) of the Engineering and Geoscience Professions Act;
“explosive” means a substance that is made, manufactured or used to produce an explosion or detonation and includes black powder, propellant powders, blasting agents, dynamite, detonating cord, slurry, watergel and detonators;(explosif)
“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;(dispositif d’arrêt de chute)
“fall-arresting system” means a permanent or temporary assembly of fall-protection components designed to arrest the fall of one or more employees;(système d’arrêt de chute)
“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(système de protection contre les chutes)
(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;(système de limitation de chute)
“felling” means any part of an operation that severs a tree from its stump and brings it to a horizontal position on the ground or a bed;(coupe)
“firefighter” means an employee who provides fire protection services to the public from a fire department within a local government or local service district, and includes an industrial firefighter;(pompier)
“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;(chute libre)
“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;(harnais de sécurité)
“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;(garde-corps)
“harassment” , in a place of employment, means any objectionable or offensive behaviour that is known or ought reasonably to be known to be unwelcome, including bullying or any other conduct, comment or display made on either a one-time or repeated basis that threatens the health or safety of an employee, and includes sexual harassment, but does not include reasonable conduct of an employer in respect of the management and direction of employees at the place of employment;(harcèlement)
“hazardous substance” means a substance that may, because of its harmful nature, cause injury or damage to the health or safety of a person exposed to it;(substances dangereuses)
“hoisting apparatus” means mobile cranes, tower cranes, electric overhead travelling cranes, vehicle hoists, winches, and other similar equipment, but does not include elevators, dumbwaiters, or mine hoists; (appareils de levage)
“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;(corde d’assurance horizontale)
“individual fall-arresting system” Repealed: 2010-159
“industrial firefighter” means an employee who works at an industrial or commercial place of employment and who is designated by his or her employer to fight fires at that place of employment;(pompier industriel)
“industrial lift truck” means a self-propelled vehicle used to carry, lift, stack, tier, push or pull material;(chariot de levage industriel)
“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;(cordon d’assujettissement)
“life line” means a manila rope with a minimum diameter of 19 mm or a rope or strap of equivalent strength; (corde d’assurance)
“lock out” means to render a machine or electrical equipment inoperative and prevent it from being activated by using a locking device to isolate the energy source from the machine or equipment;(verrouiller)
“logging operation” means work connected with the harvesting of trees and includes the felling and transportation of trees;(opération de bûcheronnage)
“manufacturer’s rated capacity” means the maximum capacity, speed, load, depth of operation or working pressure recommended in the manufacturer’s specifications for the operation of a machine under the circumstances prevailing at the time of operation;(capacité nominale du fabricant)
“manufacturer’s specifications” means the written instructions or recommendations of a manufacturer of a machine, materials, tools or equipment that outline the manner in which the machine, materials, tools or equipment is to be erected, installed, assembled, started, operated, used, handled, stored, stopped, adjusted, maintained, repaired or dismantled and includes an instruction, operating or maintenance manual and drawings;(spécifications du fabricant)
“owner of a tool” means a person who has purchased, rented or otherwise obtained a tool and has the tool for use at a place of employment;(propriétaire d’un outil)
“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;(système personnel de protection contre les chutes)
“portable compressed gas container” means any container having a water capacity of 450 kg or less that contains or is intended to contain a compressed or liquefied gas;(contenant portatif de gaz sous pression)
“portable power-operated hand tool” means a tool held with one or both hands and powered by a hydraulic, pneumatic, electrical or chemical energy source;(outil à main portatif motorisé)
“powder actuated tool” means a tool that, by means of an explosive force, propels or discharges a fastening device for the purpose of impinging it on, affixing it to or causing it to penetrate another object or material;(pistolet d’ancrage à charge explosive)
“powderman” Repealed: 93-8
“powered mobile equipment” means self-propelled off-highway equipment used for construction, mining, agriculture, forestry and other purposes and includes front-end loaders, dozers, backhoes, excavators, skidders, forwarders, tree-harvesters, scrapers, compactors, rollers, graders, agricultural tractors and industrial tractors, but does not include industrial lift trucks or mobile cranes;(équipment mobile à moteur)
“pressure” means gauge pressure in kilopascals;(pression)
“SAE” means the Society of Automotive Engineers;(SAE)
“safeguard” means a guard, shield, guardrail, fence, gate, barrier, safety net, wire mesh or other protective enclosure, handrail or other similar device designed to protect the safety of a person, but does not include protective equipment;(dispositif de protection)
“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)
“service stairway” means a stairway used for access for purposes of maintenance and repair and not used as part of a travelway;(escalier de service)
“silviculture operation” means the development and care of trees and includes site preparation, planting, thinning and harvesting;(opération de sylviculture)
“structural fire-fighting” means the activities of rescue, fire suppression and conservation of property from fires involving buildings, structures, vehicles, vessels, aircraft or other large objects;(lutte contre un incendie d’immeuble)
“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)
“swing staging” means a platform supported at the ends by hangers or stirrups and slings and suspended by ropes attached to hooks or thrust-outs which are attached to fixed supports;(échafaudage volant)
“threshold limit value” means(valeur limite d’exposition)
(a) except with respect to lead sulfide and formaldehyde, a threshold limit value adopted by the ACGIH and set out in the ACGIH publication entitled “1997 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices”, and
(b) with respect to lead sulfide, a threshold limit value adopted by the ACGIH for lead sulfide set out in the ACGIH publication entitled “1991-1992 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices”, and
(c) with respect to formaldehyde, the threshold limit value set out in section 23.1;
“tool” includes a hand tool, a portable power-operated hand tool and a powder actuated tool;(outil)
“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)
“underground mine” means an underground mine as defined in the Underground Mine Regulation - Occupational Health and Safety Act;(mine souterraine)
“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)
“violence” , in a place of employment, means the attempted or actual use of physical force against an employee, or any threatening statement or behaviour that gives an employee reasonable cause to believe that physical force will be used against the employee, and includes sexual violence, intimate partner violence and domestic violence; (violence)
“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 platform” Repealed: 2001-33
“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)
“zero energy state” means, with respect to a machine, a state in which all(niveau d’énergie zéro)
(a) power sources,
(b) pressurized fluids and air,
(c) potential mechanical energy,
(d) accumulators and air surge tanks,
(e) kinetic energy of machine members,
(f) loose or freely moveable machine members, and
(g) moveable material or work pieces that are supported, retained or controlled by a machine and that could move or cause the machine to move,
are acted upon to render the machine incapable of spontaneous or unexpected action by being locked out, isolated, blocked, supported, retained, controlled, drained to tank, vented to the atmosphere, reduced to atmospheric pressure or otherwise released of potential energy.
93-8; 96-106; 97-121; 2001-33; 2005-80; 2010-159; 2017, c.20, s.122; 2018-82; 2020-35
Definitions
2In this Regulation
“ACGIH” means the American Conference of Governmental Industrial Hygienists;(ACGIH)
“Act” means the Occupational Health and Safety Act;(Loi)
“adequate” means sufficient to protect a person from the risk of injury or damage to health;(convenable)
“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)
“air contaminant” means any gas, fume, smoke, vapour, dust or other airborne concentration of a substance that may be hazardous to the health or safety of a person;(polluant)
“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;(point d’ancrage)
“angle of repose” means the angle with the horizontal at which material will no longer flow freely;(angle de repos)
“ANSI” means the American National Standards Institute;(ANSI)
“arboricultural operation” means work connected with the care and maintenance of trees and includes pruning and tree removal;(opération arboricole)
“ASHRAE” means the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc.;(ASHRAE)
“ASME” means the American Society of Mechanical Engineers;(ASME)
“blaster” means a person who holds a valid certificate of qualification in the blaster occupation or powderman trade issued under the Apprenticeship and Occupational Certification Act;(boutefeu)
“blasting area” means an area within a 50 m radius extending from a place where explosives are being prepared, handled or loaded or from a place where an unexploded charge is known or believed to exist;(aire de sautage)
“blasting operation” means an operation using explosives and extends from the time explosives arrive at a place of employment to the time all explosives are used or removed from the place of employment;(opération de sautage)
“body belt” means a body support device that encircles the body at the waist and is also known as a safety belt;(sangle ceinture)
“CGA” means the Compressed Gas Association, Inc.;(CGA)
“CGSB” means the Canadian General Standards Board;(ONGC)
“competent” means(compétent)
(a) qualified, because of such factors as knowledge, training and experience, to do assigned work in a manner that will ensure the health and safety of persons,
(b) knowledgeable about the provisions of the Act and the regulations that apply to the assigned work, and
(c) knowledgeable about potential or actual danger to health or safety connected with the assigned work;
“control zone” means the area between an unguarded edge and a warning line which represents a safe distance from the edge;(périmètre de sécurité)
“CSA” means the Canadian Standards Association;(ACNOR)
“danger area” means twice the distance at which there exists a possibility of hazard to a person or property from the effects of a blast;(aire de danger)
“dB” means peak sound pressure level in decibels referenced to twenty micropascals;(dB)
“dBA” means the sound pressure level in decibels referenced to twenty micropascals measured on the A scale of a sound level meter;(dBA)
“de-energized” means isolated and grounded;(dé-électrifié)
“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)
“engineer” means a person who(ingénieur)
(a) is registered as a member of the Association of Professional Engineers and Geoscientists of New Brunswick as entitled to engage in the practice of engineering,
(b) has received a licence from the Executive Council of the Association of Professional Engineers and Geoscientists of New Brunswick to engage in engineering, or
(c) is practising as a professional engineer in New Brunswick under subsection 10(7) of the Engineering and Geoscience Professions Act;
“explosive” means a substance that is made, manufactured or used to produce an explosion or detonation and includes black powder, propellant powders, blasting agents, dynamite, detonating cord, slurry, watergel and detonators;(explosif)
“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;(dispositif d’arrêt de chute)
“fall-arresting system” means a permanent or temporary assembly of fall-protection components designed to arrest the fall of one or more employees;(système d’arrêt de chute)
“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(système de protection contre les chutes)
(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;(système de limitation de chute)
“felling” means any part of an operation that severs a tree from its stump and brings it to a horizontal position on the ground or a bed;(coupe)
“firefighter” means an employee who provides fire protection services to the public from a fire department within a local government or local service district, and includes an industrial firefighter;(pompier)
“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;(chute libre)
“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;(harnais de sécurité)
“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;(garde-corps)
“harassment” , in a place of employment, means any objectionable or offensive behaviour that is known or ought reasonably to be known to be unwelcome, including bullying or any other conduct, comment or display made on either a one-time or repeated basis that threatens the health or safety of an employee, and includes sexual harassment, but does not include reasonable conduct of an employer in respect of the management and direction of employees at the place of employment;(harcèlement)
“hazardous substance” means a substance that may, because of its harmful nature, cause injury or damage to the health or safety of a person exposed to it;(substances dangereuses)
“hoisting apparatus” means mobile cranes, tower cranes, electric overhead travelling cranes, vehicle hoists, winches, and other similar equipment, but does not include elevators, dumbwaiters, or mine hoists; (appareils de levage)
“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;(corde d’assurance horizontale)
“individual fall-arresting system” Repealed: 2010-159
“industrial firefighter” means an employee who works at an industrial or commercial place of employment and who is designated by his or her employer to fight fires at that place of employment;(pompier industriel)
“industrial lift truck” means a self-propelled vehicle used to carry, lift, stack, tier, push or pull material;(chariot de levage industriel)
“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;(cordon d’assujettissement)
“life line” means a manila rope with a minimum diameter of 19 mm or a rope or strap of equivalent strength; (corde d’assurance)
“lock out” means to render a machine or electrical equipment inoperative and prevent it from being activated by using a locking device to isolate the energy source from the machine or equipment;(verrouiller)
“logging operation” means work connected with the harvesting of trees and includes the felling and transportation of trees;(opération de bûcheronnage)
“manufacturer’s rated capacity” means the maximum capacity, speed, load, depth of operation or working pressure recommended in the manufacturer’s specifications for the operation of a machine under the circumstances prevailing at the time of operation;(capacité nominale du fabricant)
“manufacturer’s specifications” means the written instructions or recommendations of a manufacturer of a machine, materials, tools or equipment that outline the manner in which the machine, materials, tools or equipment is to be erected, installed, assembled, started, operated, used, handled, stored, stopped, adjusted, maintained, repaired or dismantled and includes an instruction, operating or maintenance manual and drawings;(spécifications du fabricant)
“owner of a tool” means a person who has purchased, rented or otherwise obtained a tool and has the tool for use at a place of employment;(propriétaire d’un outil)
“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;(système personnel de protection contre les chutes)
“portable compressed gas container” means any container having a water capacity of 450 kg or less that contains or is intended to contain a compressed or liquefied gas;(contenant portatif de gaz sous pression)
“portable power-operated hand tool” means a tool held with one or both hands and powered by a hydraulic, pneumatic, electrical or chemical energy source;(outil à main portatif motorisé)
“powder actuated tool” means a tool that, by means of an explosive force, propels or discharges a fastening device for the purpose of impinging it on, affixing it to or causing it to penetrate another object or material;(pistolet d’ancrage à charge explosive)
“powderman” Repealed: 93-8
“powered mobile equipment” means self-propelled off-highway equipment used for construction, mining, agriculture, forestry and other purposes and includes front-end loaders, dozers, backhoes, excavators, skidders, forwarders, tree-harvesters, scrapers, compactors, rollers, graders, agricultural tractors and industrial tractors, but does not include industrial lift trucks or mobile cranes;(équipment mobile à moteur)
“pressure” means gauge pressure in kilopascals;(pression)
“SAE” means the Society of Automotive Engineers;(SAE)
“safeguard” means a guard, shield, guardrail, fence, gate, barrier, safety net, wire mesh or other protective enclosure, handrail or other similar device designed to protect the safety of a person, but does not include protective equipment;(dispositif de protection)
“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)
“service stairway” means a stairway used for access for purposes of maintenance and repair and not used as part of a travelway;(escalier de service)
“silviculture operation” means the development and care of trees and includes site preparation, planting, thinning and harvesting;(opération de sylviculture)
“structural fire-fighting” means the activities of rescue, fire suppression and conservation of property from fires involving buildings, structures, vehicles, vessels, aircraft or other large objects;(lutte contre un incendie d’immeuble)
“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)
“swing staging” means a platform supported at the ends by hangers or stirrups and slings and suspended by ropes attached to hooks or thrust-outs which are attached to fixed supports;(échafaudage volant)
“threshold limit value” means(valeur limite d’exposition)
(a) except with respect to lead sulfide and formaldehyde, a threshold limit value adopted by the ACGIH and set out in the ACGIH publication entitled “1997 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices”, and
(b) with respect to lead sulfide, a threshold limit value adopted by the ACGIH for lead sulfide set out in the ACGIH publication entitled “1991-1992 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices”, and
(c) with respect to formaldehyde, the threshold limit value set out in section 23.1;
“tool” includes a hand tool, a portable power-operated hand tool and a powder actuated tool;(outil)
“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)
“underground mine” means an underground mine as defined in the Underground Mine Regulation - Occupational Health and Safety Act;(mine souterraine)
“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)
“violence” , in a place of employment, means the attempted or actual use of physical force against an employee, or any threatening statement or behaviour that gives an employee reasonable cause to believe that physical force will be used against the employee, and includes sexual violence, intimate partner violence and domestic violence; (violence)
“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 platform” Repealed: 2001-33
“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)
“zero energy state” means, with respect to a machine, a state in which all(niveau d’énergie zéro)
(a) power sources,
(b) pressurized fluids and air,
(c) potential mechanical energy,
(d) accumulators and air surge tanks,
(e) kinetic energy of machine members,
(f) loose or freely moveable machine members, and
(g) moveable material or work pieces that are supported, retained or controlled by a machine and that could move or cause the machine to move,
are acted upon to render the machine incapable of spontaneous or unexpected action by being locked out, isolated, blocked, supported, retained, controlled, drained to tank, vented to the atmosphere, reduced to atmospheric pressure or otherwise released of potential energy.
93-8; 96-106; 97-121; 2001-33; 2005-80; 2010-159; 2017, c.20, s.122; 2018-82
Definitions
2In this Regulation
“ACGIH” means the American Conference of Governmental Industrial Hygienists;(ACGIH)
“Act” means the Occupational Health and Safety Act;(Loi)
“adequate” means sufficient to protect a person from the risk of injury or damage to health;(convenable)
“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)
“air contaminant” means any gas, fume, smoke, vapour, dust or other airborne concentration of a substance that may be hazardous to the health or safety of a person;(polluant)
“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;(point d’ancrage)
“angle of repose” means the angle with the horizontal at which material will no longer flow freely;(angle de repos)
“ANSI” means the American National Standards Institute;(ANSI)
“arboricultural operation” means work connected with the care and maintenance of trees and includes pruning and tree removal;(opération arboricole)
“ASHRAE” means the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc.;(ASHRAE)
“ASME” means the American Society of Mechanical Engineers;(ASME)
“blaster” means a person who holds a valid certificate of qualification in the blaster occupation or powderman trade issued under the Apprenticeship and Occupational Certification Act;(boutefeu)
“blasting area” means an area within a 50 m radius extending from a place where explosives are being prepared, handled or loaded or from a place where an unexploded charge is known or believed to exist;(aire de sautage)
“blasting operation” means an operation using explosives and extends from the time explosives arrive at a place of employment to the time all explosives are used or removed from the place of employment;(opération de sautage)
“body belt” means a body support device that encircles the body at the waist and is also known as a safety belt;(sangle ceinture)
“CGA” means the Compressed Gas Association, Inc.;(CGA)
“CGSB” means the Canadian General Standards Board;(ONGC)
“competent” means(compétent)
(a) qualified, because of such factors as knowledge, training and experience, to do assigned work in a manner that will ensure the health and safety of persons,
(b) knowledgeable about the provisions of the Act and the regulations that apply to the assigned work, and
(c) knowledgeable about potential or actual danger to health or safety connected with the assigned work;
“control zone” means the area between an unguarded edge and a warning line which represents a safe distance from the edge;(périmètre de sécurité)
“CSA” means the Canadian Standards Association;(ACNOR)
“danger area” means twice the distance at which there exists a possibility of hazard to a person or property from the effects of a blast;(aire de danger)
“dB” means peak sound pressure level in decibels referenced to twenty micropascals;(dB)
“dBA” means the sound pressure level in decibels referenced to twenty micropascals measured on the A scale of a sound level meter;(dBA)
“de-energized” means isolated and grounded;(dé-électrifié)
“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)
“engineer” means a person who(ingénieur)
(a) is registered as a member of the Association of Professional Engineers and Geoscientists of New Brunswick as entitled to engage in the practice of engineering,
(b) has received a licence from the Executive Council of the Association of Professional Engineers and Geoscientists of New Brunswick to engage in engineering, or
(c) is practising as a professional engineer in New Brunswick under subsection 10(7) of the Engineering and Geoscience Professions Act;
“explosive” means a substance that is made, manufactured or used to produce an explosion or detonation and includes black powder, propellant powders, blasting agents, dynamite, detonating cord, slurry, watergel and detonators;(explosif)
“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;(dispositif d’arrêt de chute)
“fall-arresting system” means a permanent or temporary assembly of fall-protection components designed to arrest the fall of one or more employees;(système d’arrêt de chute)
“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(système de protection contre les chutes)
(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;(système de limitation de chute)
“felling” means any part of an operation that severs a tree from its stump and brings it to a horizontal position on the ground or a bed;(coupe)
“firefighter” means an employee who provides fire protection services to the public from a fire department within a local government or local service district, and includes an industrial firefighter;(pompier)
“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;(chute libre)
“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;(harnais de sécurité)
“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;(garde-corps)
“hazardous substance” means a substance that may, because of its harmful nature, cause injury or damage to the health or safety of a person exposed to it;(substances dangereuses)
“hoisting apparatus” means mobile cranes, tower cranes, electric overhead travelling cranes, vehicle hoists, winches, and other similar equipment, but does not include elevators, dumbwaiters, or mine hoists; (appareils de levage)
“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;(corde d’assurance horizontale)
“individual fall-arresting system” Repealed: 2010-159
“industrial firefighter” means an employee who works at an industrial or commercial place of employment and who is designated by his or her employer to fight fires at that place of employment;(pompier industriel)
“industrial lift truck” means a self-propelled vehicle used to carry, lift, stack, tier, push or pull material;(chariot de levage industriel)
“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;(cordon d’assujettissement)
“life line” means a manila rope with a minimum diameter of 19 mm or a rope or strap of equivalent strength; (corde d’assurance)
“lock out” means to render a machine or electrical equipment inoperative and prevent it from being activated by using a locking device to isolate the energy source from the machine or equipment;(verrouiller)
“logging operation” means work connected with the harvesting of trees and includes the felling and transportation of trees;(opération de bûcheronnage)
“manufacturer’s rated capacity” means the maximum capacity, speed, load, depth of operation or working pressure recommended in the manufacturer’s specifications for the operation of a machine under the circumstances prevailing at the time of operation;(capacité nominale du fabricant)
“manufacturer’s specifications” means the written instructions or recommendations of a manufacturer of a machine, materials, tools or equipment that outline the manner in which the machine, materials, tools or equipment is to be erected, installed, assembled, started, operated, used, handled, stored, stopped, adjusted, maintained, repaired or dismantled and includes an instruction, operating or maintenance manual and drawings;(spécifications du fabricant)
“owner of a tool” means a person who has purchased, rented or otherwise obtained a tool and has the tool for use at a place of employment;(propriétaire d’un outil)
“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;(système personnel de protection contre les chutes)
“portable compressed gas container” means any container having a water capacity of 450 kg or less that contains or is intended to contain a compressed or liquefied gas;(contenant portatif de gaz sous pression)
“portable power-operated hand tool” means a tool held with one or both hands and powered by a hydraulic, pneumatic, electrical or chemical energy source;(outil à main portatif motorisé)
“powder actuated tool” means a tool that, by means of an explosive force, propels or discharges a fastening device for the purpose of impinging it on, affixing it to or causing it to penetrate another object or material;(pistolet d’ancrage à charge explosive)
“powderman” Repealed: 93-8
“powered mobile equipment” means self-propelled off-highway equipment used for construction, mining, agriculture, forestry and other purposes and includes front-end loaders, dozers, backhoes, excavators, skidders, forwarders, tree-harvesters, scrapers, compactors, rollers, graders, agricultural tractors and industrial tractors, but does not include industrial lift trucks or mobile cranes;(équipment mobile à moteur)
“pressure” means gauge pressure in kilopascals;(pression)
“SAE” means the Society of Automotive Engineers;(SAE)
“safeguard” means a guard, shield, guardrail, fence, gate, barrier, safety net, wire mesh or other protective enclosure, handrail or other similar device designed to protect the safety of a person, but does not include protective equipment;(dispositif de protection)
“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)
“service stairway” means a stairway used for access for purposes of maintenance and repair and not used as part of a travelway;(escalier de service)
“silviculture operation” means the development and care of trees and includes site preparation, planting, thinning and harvesting;(opération de sylviculture)
“structural fire-fighting” means the activities of rescue, fire suppression and conservation of property from fires involving buildings, structures, vehicles, vessels, aircraft or other large objects;(lutte contre un incendie d’immeuble)
“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)
“swing staging” means a platform supported at the ends by hangers or stirrups and slings and suspended by ropes attached to hooks or thrust-outs which are attached to fixed supports;(échafaudage volant)
“threshold limit value” means(valeur limite d’exposition)
(a) except with respect to lead sulfide and formaldehyde, a threshold limit value adopted by the ACGIH and set out in the ACGIH publication entitled “1997 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices”, and
(b) with respect to lead sulfide, a threshold limit value adopted by the ACGIH for lead sulfide set out in the ACGIH publication entitled “1991-1992 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices”, and
(c) with respect to formaldehyde, the threshold limit value set out in section 23.1;
“tool” includes a hand tool, a portable power-operated hand tool and a powder actuated tool;(outil)
“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)
“underground mine” means an underground mine as defined in the Underground Mine Regulation - Occupational Health and Safety Act;(mine souterraine)
“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 platform” Repealed: 2001-33
“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)
“zero energy state” means, with respect to a machine, a state in which all(niveau d’énergie zéro)
(a) power sources,
(b) pressurized fluids and air,
(c) potential mechanical energy,
(d) accumulators and air surge tanks,
(e) kinetic energy of machine members,
(f) loose or freely moveable machine members, and
(g) moveable material or work pieces that are supported, retained or controlled by a machine and that could move or cause the machine to move,
are acted upon to render the machine incapable of spontaneous or unexpected action by being locked out, isolated, blocked, supported, retained, controlled, drained to tank, vented to the atmosphere, reduced to atmospheric pressure or otherwise released of potential energy.
93-8; 96-106; 97-121; 2001-33; 2005-80; 2010-159; 2017, c.20, s.122
Definitions
2In this Regulation
“ACGIH” means the American Conference of Governmental Industrial Hygienists;(ACGIH)
“Act” means the Occupational Health and Safety Act;(Loi)
“adequate” means sufficient to protect a person from the risk of injury or damage to health;(convenable)
“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)
“air contaminant” means any gas, fume, smoke, vapour, dust or other airborne concentration of a substance that may be hazardous to the health or safety of a person;(polluant)
“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;(point d’ancrage)
“angle of repose” means the angle with the horizontal at which material will no longer flow freely;(angle de repos)
“ANSI” means the American National Standards Institute;(ANSI)
“arboricultural operation” means work connected with the care and maintenance of trees and includes pruning and tree removal;(opération arboricole)
“ASHRAE” means the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc.;(ASHRAE)
“ASME” means the American Society of Mechanical Engineers;(ASME)
“blaster” means a person who holds a valid certificate of qualification in the blaster occupation or powderman trade issued under the Apprenticeship and Occupational Certification Act;(boutefeu)
“blasting area” means an area within a 50 m radius extending from a place where explosives are being prepared, handled or loaded or from a place where an unexploded charge is known or believed to exist;(aire de sautage)
“blasting operation” means an operation using explosives and extends from the time explosives arrive at a place of employment to the time all explosives are used or removed from the place of employment;(opération de sautage)
“body belt” means a body support device that encircles the body at the waist and is also known as a safety belt;(sangle ceinture)
“CGA” means the Compressed Gas Association, Inc.;(CGA)
“CGSB” means the Canadian General Standards Board;(ONGC)
“competent” means(compétent)
(a) qualified, because of such factors as knowledge, training and experience, to do assigned work in a manner that will ensure the health and safety of persons,
(b) knowledgeable about the provisions of the Act and the regulations that apply to the assigned work, and
(c) knowledgeable about potential or actual danger to health or safety connected with the assigned work;
“control zone” means the area between an unguarded edge and a warning line which represents a safe distance from the edge;(périmètre de sécurité)
“CSA” means the Canadian Standards Association;(ACNOR)
“danger area” means twice the distance at which there exists a possibility of hazard to a person or property from the effects of a blast;(aire de danger)
“dB” means peak sound pressure level in decibels referenced to twenty micropascals;(dB)
“dBA” means the sound pressure level in decibels referenced to twenty micropascals measured on the A scale of a sound level meter;(dBA)
“de-energized” means isolated and grounded;(dé-électrifié)
“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)
“engineer” means a person who(ingénieur)
(a) is registered as a member of the Association of Professional Engineers and Geoscientists of New Brunswick as entitled to engage in the practice of engineering,
(b) has received a licence from the Executive Council of the Association of Professional Engineers and Geoscientists of New Brunswick to engage in engineering, or
(c) is practising as a professional engineer in New Brunswick under subsection 10(7) of the Engineering and Geoscience Professions Act;
“explosive” means a substance that is made, manufactured or used to produce an explosion or detonation and includes black powder, propellant powders, blasting agents, dynamite, detonating cord, slurry, watergel and detonators;(explosif)
“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;(dispositif d’arrêt de chute)
“fall-arresting system” means a permanent or temporary assembly of fall-protection components designed to arrest the fall of one or more employees;(système d’arrêt de chute)
“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(système de protection contre les chutes)
(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;(système de limitation de chute)
“felling” means any part of an operation that severs a tree from its stump and brings it to a horizontal position on the ground or a bed;(coupe)
“firefighter” means an employee who provides fire protection services to the public from a fire department within a municipality, rural community or local service district, and includes an industrial firefighter;(pompier)
“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;(chute libre)
“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;(harnais de sécurité)
“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;(garde-corps)
“hazardous substance” means a substance that may, because of its harmful nature, cause injury or damage to the health or safety of a person exposed to it;(substances dangereuses)
“hoisting apparatus” means mobile cranes, tower cranes, electric overhead travelling cranes, vehicle hoists, winches, and other similar equipment, but does not include elevators, dumbwaiters, or mine hoists; (appareils de levage)
“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;(corde d’assurance horizontale)
“individual fall-arresting system” Repealed: 2010-159
“industrial firefighter” means an employee who works at an industrial or commercial place of employment and who is designated by his or her employer to fight fires at that place of employment;(pompier industriel)
“industrial lift truck” means a self-propelled vehicle used to carry, lift, stack, tier, push or pull material;(chariot de levage industriel)
“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;(cordon d’assujettissement)
“life line” means a manila rope with a minimum diameter of 19 mm or a rope or strap of equivalent strength; (corde d’assurance)
“lock out” means to render a machine or electrical equipment inoperative and prevent it from being activated by using a locking device to isolate the energy source from the machine or equipment;(verrouiller)
“logging operation” means work connected with the harvesting of trees and includes the felling and transportation of trees;(opération de bûcheronnage)
“manufacturer’s rated capacity” means the maximum capacity, speed, load, depth of operation or working pressure recommended in the manufacturer’s specifications for the operation of a machine under the circumstances prevailing at the time of operation;(capacité nominale du fabricant)
“manufacturer’s specifications” means the written instructions or recommendations of a manufacturer of a machine, materials, tools or equipment that outline the manner in which the machine, materials, tools or equipment is to be erected, installed, assembled, started, operated, used, handled, stored, stopped, adjusted, maintained, repaired or dismantled and includes an instruction, operating or maintenance manual and drawings;(spécifications du fabricant)
“owner of a tool” means a person who has purchased, rented or otherwise obtained a tool and has the tool for use at a place of employment;(propriétaire d’un outil)
“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;(système personnel de protection contre les chutes)
“portable compressed gas container” means any container having a water capacity of 450 kg or less that contains or is intended to contain a compressed or liquefied gas;(contenant portatif de gaz sous pression)
“portable power-operated hand tool” means a tool held with one or both hands and powered by a hydraulic, pneumatic, electrical or chemical energy source;(outil à main portatif motorisé)
“powder actuated tool” means a tool that, by means of an explosive force, propels or discharges a fastening device for the purpose of impinging it on, affixing it to or causing it to penetrate another object or material;(pistolet d’ancrage à charge explosive)
“powderman” Repealed: 93-8
“powered mobile equipment” means self-propelled off-highway equipment used for construction, mining, agriculture, forestry and other purposes and includes front-end loaders, dozers, backhoes, excavators, skidders, forwarders, tree-harvesters, scrapers, compactors, rollers, graders, agricultural tractors and industrial tractors, but does not include industrial lift trucks or mobile cranes;(équipment mobile à moteur)
“pressure” means gauge pressure in kilopascals;(pression)
“SAE” means the Society of Automotive Engineers;(SAE)
“safeguard” means a guard, shield, guardrail, fence, gate, barrier, safety net, wire mesh or other protective enclosure, handrail or other similar device designed to protect the safety of a person, but does not include protective equipment;(dispositif de protection)
“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)
“service stairway” means a stairway used for access for purposes of maintenance and repair and not used as part of a travelway;(escalier de service)
“silviculture operation” means the development and care of trees and includes site preparation, planting, thinning and harvesting;(opération de sylviculture)
“structural fire-fighting” means the activities of rescue, fire suppression and conservation of property from fires involving buildings, structures, vehicles, vessels, aircraft or other large objects;(lutte contre un incendie d’immeuble)
“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)
“swing staging” means a platform supported at the ends by hangers or stirrups and slings and suspended by ropes attached to hooks or thrust-outs which are attached to fixed supports;(échafaudage volant)
“threshold limit value” means(valeur limite d’exposition)
(a) except with respect to lead sulfide and formaldehyde, a threshold limit value adopted by the ACGIH and set out in the ACGIH publication entitled “1997 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices”, and
(b) with respect to lead sulfide, a threshold limit value adopted by the ACGIH for lead sulfide set out in the ACGIH publication entitled “1991-1992 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices”, and
(c) with respect to formaldehyde, the threshold limit value set out in section 23.1;
“tool” includes a hand tool, a portable power-operated hand tool and a powder actuated tool;(outil)
“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)
“underground mine” means an underground mine as defined in the Underground Mine Regulation - Occupational Health and Safety Act;(mine souterraine)
“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 platform” Repealed: 2001-33
“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)
“zero energy state” means, with respect to a machine, a state in which all(niveau d’énergie zéro)
(a) power sources,
(b) pressurized fluids and air,
(c) potential mechanical energy,
(d) accumulators and air surge tanks,
(e) kinetic energy of machine members,
(f) loose or freely moveable machine members, and
(g) moveable material or work pieces that are supported, retained or controlled by a machine and that could move or cause the machine to move,
are acted upon to render the machine incapable of spontaneous or unexpected action by being locked out, isolated, blocked, supported, retained, controlled, drained to tank, vented to the atmosphere, reduced to atmospheric pressure or otherwise released of potential energy.
93-8; 96-106; 97-121; 2001-33; 2005-80; 2010-159
Definitions
2In this Regulation
“ACGIH” means the American Conference of Governmental Industrial Hygienists;(ACGIH)
“Act” means the Occupational Health and Safety Act;(Loi)
“adequate” means sufficient to protect a person from the risk of injury or damage to health;(convenable)
“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)
“air contaminant” means any gas, fume, smoke, vapour, dust or other airborne concentration of a substance that may be hazardous to the health or safety of a person;(polluant)
“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;(point d’ancrage)
“angle of repose” means the angle with the horizontal at which material will no longer flow freely;(angle de repos)
“ANSI” means the American National Standards Institute;(ANSI)
“arboricultural operation” means work connected with the care and maintenance of trees and includes pruning and tree removal;(opération arboricole)
“ASHRAE” means the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc.;(ASHRAE)
“ASME” means the American Society of Mechanical Engineers;(ASME)
“blaster” means a person who holds a valid certificate of qualification in the blaster occupation or powderman trade issued under the Apprenticeship and Occupational Certification Act;(boutefeu)
“blasting area” means an area within a 50 m radius extending from a place where explosives are being prepared, handled or loaded or from a place where an unexploded charge is known or believed to exist;(aire de sautage)
“blasting operation” means an operation using explosives and extends from the time explosives arrive at a place of employment to the time all explosives are used or removed from the place of employment;(opération de sautage)
“body belt” means a body support device that encircles the body at the waist and is also known as a safety belt;(sangle ceinture)
“CGA” means the Compressed Gas Association, Inc.;(CGA)
“CGSB” means the Canadian General Standards Board;(ONGC)
“competent” means(compétent)
(a) qualified, because of such factors as knowledge, training and experience, to do assigned work in a manner that will ensure the health and safety of persons,
(b) knowledgeable about the provisions of the Act and the regulations that apply to the assigned work, and
(c) knowledgeable about potential or actual danger to health or safety connected with the assigned work;
“control zone” means the area between an unguarded edge and a warning line which represents a safe distance from the edge;(périmètre de sécurité)
“CSA” means the Canadian Standards Association;(ACNOR)
“danger area” means twice the distance at which there exists a possibility of hazard to a person or property from the effects of a blast;(aire de danger)
“dB” means peak sound pressure level in decibels referenced to twenty micropascals;(dB)
“dBA” means the sound pressure level in decibels referenced to twenty micropascals measured on the A scale of a sound level meter;(dBA)
“de-energized” means isolated and grounded;(dé-électrifié)
“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)
“engineer” means a person who(ingénieur)
(a) is registered as a member of the Association of Professional Engineers and Geoscientists of New Brunswick as entitled to engage in the practice of engineering,
(b) has received a licence from the Executive Council of the Association of Professional Engineers and Geoscientists of New Brunswick to engage in engineering, or
(c) is practising as a professional engineer in New Brunswick under subsection 10(7) of the Engineering and Geoscience Professions Act;
“explosive” means a substance that is made, manufactured or used to produce an explosion or detonation and includes black powder, propellant powders, blasting agents, dynamite, detonating cord, slurry, watergel and detonators;(explosif)
“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;(dispositif d’arrêt de chute)
“fall-arresting system” means a permanent or temporary assembly of fall-protection components designed to arrest the fall of one or more employees;(système d’arrêt de chute)
“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(système de protection contre les chutes)
(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;(système de limitation de chute)
“felling” means any part of an operation that severs a tree from its stump and brings it to a horizontal position on the ground or a bed;(coupe)
“firefighter” means an employee who provides fire protection services to the public from a fire department within a municipality, rural community or local service district, and includes an industrial firefighter;(pompier)
“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;(chute libre)
“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;(harnais de sécurité)
“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;(garde-corps)
“hazardous substance” means a substance that may, because of its harmful nature, cause injury or damage to the health or safety of a person exposed to it;(substances dangereuses)
“hoisting apparatus” means mobile cranes, tower cranes, electric overhead travelling cranes, vehicle hoists, winches, and other similar equipment, but does not include elevators, dumbwaiters, or mine hoists; (appareils de levage)
“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;(corde d’assurance horizontale)
“individual fall-arresting system” Repealed: 2010-159
“industrial firefighter” means an employee who works at an industrial or commercial place of employment and who is designated by his or her employer to fight fires at that place of employment;(pompier industriel)
“industrial lift truck” means a self-propelled vehicle used to carry, lift, stack, tier, push or pull material;(chariot de levage industriel)
“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;(cordon d’assujettissement)
“life line” means a manila rope with a minimum diameter of 19 mm or a rope or strap of equivalent strength; (corde d’assurance)
“lock out” means to render a machine or electrical equipment inoperative and prevent it from being activated by using a locking device to isolate the energy source from the machine or equipment;(verrouiller)
“logging operation” means work connected with the harvesting of trees and includes the felling and transportation of trees;(opération de bûcheronnage)
“manufacturer’s rated capacity” means the maximum capacity, speed, load, depth of operation or working pressure recommended in the manufacturer’s specifications for the operation of a machine under the circumstances prevailing at the time of operation;(capacité nominale du fabricant)
“manufacturer’s specifications” means the written instructions or recommendations of a manufacturer of a machine, materials, tools or equipment that outline the manner in which the machine, materials, tools or equipment is to be erected, installed, assembled, started, operated, used, handled, stored, stopped, adjusted, maintained, repaired or dismantled and includes an instruction, operating or maintenance manual and drawings;(spécifications du fabricant)
“owner of a tool” means a person who has purchased, rented or otherwise obtained a tool and has the tool for use at a place of employment;(propriétaire d’un outil)
“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;(système personnel de protection contre les chutes)
“portable compressed gas container” means any container having a water capacity of 450 kg or less that contains or is intended to contain a compressed or liquefied gas;(contenant portatif de gaz sous pression)
“portable power-operated hand tool” means a tool held with one or both hands and powered by a hydraulic, pneumatic, electrical or chemical energy source;(outil à main portatif motorisé)
“powder actuated tool” means a tool that, by means of an explosive force, propels or discharges a fastening device for the purpose of impinging it on, affixing it to or causing it to penetrate another object or material;(pistolet d’ancrage à charge explosive)
“powderman” Repealed: 93-8
“powered mobile equipment” means self-propelled off-highway equipment used for construction, mining, agriculture, forestry and other purposes and includes front-end loaders, dozers, backhoes, excavators, skidders, forwarders, tree-harvesters, scrapers, compactors, rollers, graders, agricultural tractors and industrial tractors, but does not include industrial lift trucks or mobile cranes;(équipment mobile à moteur)
“pressure” means gauge pressure in kilopascals;(pression)
“SAE” means the Society of Automotive Engineers;(SAE)
“safeguard” means a guard, shield, guardrail, fence, gate, barrier, safety net, wire mesh or other protective enclosure, handrail or other similar device designed to protect the safety of a person, but does not include protective equipment;(dispositif de protection)
“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)
“service stairway” means a stairway used for access for purposes of maintenance and repair and not used as part of a travelway;(escalier de service)
“silviculture operation” means the development and care of trees and includes site preparation, planting, thinning and harvesting;(opération de sylviculture)
“structural fire-fighting” means the activities of rescue, fire suppression and conservation of property from fires involving buildings, structures, vehicles, vessels, aircraft or other large objects;(lutte contre un incendie d’immeuble)
“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)
“swing staging” means a platform supported at the ends by hangers or stirrups and slings and suspended by ropes attached to hooks or thrust-outs which are attached to fixed supports;(échafaudage volant)
“threshold limit value” means(valeur limite d’exposition)
(a) except with respect to lead sulfide and formaldehyde, a threshold limit value adopted by the ACGIH and set out in the ACGIH publication entitled “1997 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices”, and
(b) with respect to lead sulfide, a threshold limit value adopted by the ACGIH for lead sulfide set out in the ACGIH publication entitled “1991-1992 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices”, and
(c) with respect to formaldehyde, the threshold limit value set out in section 23.1;
“tool” includes a hand tool, a portable power-operated hand tool and a powder actuated tool;(outil)
“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)
“underground mine” means an underground mine as defined in the Underground Mine Regulation - Occupational Health and Safety Act;(mine souterraine)
“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 platform” Repealed: 2001-33
“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)
“zero energy state” means, with respect to a machine, a state in which all(niveau d’énergie zéro)
(a) power sources,
(b) pressurized fluids and air,
(c) potential mechanical energy,
(d) accumulators and air surge tanks,
(e) kinetic energy of machine members,
(f) loose or freely moveable machine members, and
(g) moveable material or work pieces that are supported, retained or controlled by a machine and that could move or cause the machine to move,
are acted upon to render the machine incapable of spontaneous or unexpected action by being locked out, isolated, blocked, supported, retained, controlled, drained to tank, vented to the atmosphere, reduced to atmospheric pressure or otherwise released of potential energy.
93-8; 96-106; 97-121; 2001-33; 2005-80; 2010-159
Definitions
2In this Regulation
“ACGIH” means the American Conference of Governmental Industrial Hygienists;(ACGIH)
“Act” means the Occupational Health and Safety Act;(Loi)
“adequate” means sufficient to protect a person from the risk of injury or damage to health;(convenable)
“aerial device” means any vehicle-mounted telescoping or articulating device that is used to position a person by means of a bucket, basket or platform directly secured to the boom;(dispositif aérien)
“air contaminant” means any gas, fume, smoke, vapour, dust or other airborne concentration of a substance that may be hazardous to the health or safety of a person;(polluant)
“angle of repose” means the angle with the horizontal at which material will no longer flow freely;(angle de repos)
“ANSI” means the American National Standards Institute;(ANSI)
“arboricultural operation” means work connected with the care and maintenance of trees and includes pruning and tree removal;(opération arboricole)
“ASHRAE” means the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc.;(ASHRAE)
“ASME” means the American Society of Mechanical Engineers;(ASME)
“blaster” means a person who holds a valid certificate of qualification in the blaster occupation or powderman trade issued under the Apprenticeship and Occupational Certification Act;(boutefeu)
“blasting area” means an area within a 50 m radius extending from a place where explosives are being prepared, handled or loaded or from a place where an unexploded charge is known or believed to exist;(aire de sautage)
“blasting operation” means an operation using explosives and extends from the time explosives arrive at a place of employment to the time all explosives are used or removed from the place of employment;(opération de sautage)
“CGA” means the Compressed Gas Association, Inc.;(CGA)
“CGSB” means the Canadian General Standards Board;(ONGC)
“competent” means(compétent)
(a) qualified, because of such factors as knowledge, training and experience, to do assigned work in a manner that will ensure the health and safety of persons,
(b) knowledgeable about the provisions of the Act and the regulations that apply to the assigned work, and
(c) knowledgeable about potential or actual danger to health or safety connected with the assigned work;
“CSA” means the Canadian Standards Association;(ACNOR)
“danger area” means twice the distance at which there exists a possibility of hazard to a person or property from the effects of a blast;(aire de danger)
“dB” means peak sound pressure level in decibels referenced to twenty micropascals;(dB)
“dBA” means the sound pressure level in decibels referenced to twenty micropascals measured on the A scale of a sound level meter;(dBA)
“de-energized” means isolated and grounded;(dé-électrifié)
“engineer” means a person who(ingénieur)
(a) is registered as a member of the Association of Professional Engineers and Geoscientists of New Brunswick as entitled to engage in the practice of engineering,
(b) has received a licence from the Executive Council of the Association of Professional Engineers and Geoscientists of New Brunswick to engage in engineering, or
(c) is practising as a professional engineer in New Brunswick under subsection 10(7) of the Engineering and Geoscience Professions Act;
“explosive” means a substance that is made, manufactured or used to produce an explosion or detonation and includes black powder, propellant powders, blasting agents, dynamite, detonating cord, slurry, watergel and detonators;(explosif)
“felling” means any part of an operation that severs a tree from its stump and brings it to a horizontal position on the ground or a bed;(coupe)
“firefighter” means an employee who provides fire protection services to the public from a fire department within a municipality, rural community or local service district, and includes an industrial firefighter;(pompier)
“guardrail” means a guardrail that meets the requirements of section 97;(garde-corps)
“hazardous substance” means a substance that may, because of its harmful nature, cause injury or damage to the health or safety of a person exposed to it;(substances dangereuses)
“hoisting apparatus” means mobile cranes, tower cranes, electric overhead travelling cranes, vehicle hoists, winches, and other similar equipment, but does not include elevators, dumbwaiters, or mine hoists; (appareils de levage)
“individual fall-arresting system” means an individual fall-arresting system that meets the requirements of subsection 49(3);(dispositif individuel de protection contre les chutes)
“industrial firefighter” means an employee who works at an industrial or commercial place of employment and who is designated by his or her employer to fight fires at that place of employment;(pompier industriel)
“industrial lift truck” means a self-propelled vehicle used to carry, lift, stack, tier, push or pull material;(chariot de levage industriel)
“life line” means a manila rope with a minimum diameter of 19 mm or a rope or strap of equivalent strength; (corde d’assurance)
“lock out” means to render a machine or electrical equipment inoperative and prevent it from being activated by using a locking device to isolate the energy source from the machine or equipment;(verrouiller)
“logging operation” means work connected with the harvesting of trees and includes the felling and transportation of trees;(opération de bûcheronnage)
“manufacturer’s rated capacity” means the maximum capacity, speed, load, depth of operation or working pressure recommended in the manufacturer’s specifications for the operation of a machine under the circumstances prevailing at the time of operation;(capacité nominale du fabricant)
“manufacturer’s specifications” means the written instructions or recommendations of a manufacturer of a machine, materials, tools or equipment that outline the manner in which the machine, materials, tools or equipment is to be erected, installed, assembled, started, operated, used, handled, stored, stopped, adjusted, maintained, repaired or dismantled and includes an instruction, operating or maintenance manual and drawings;(spécifications du fabricant)
“owner of a tool” means a person who has purchased, rented or otherwise obtained a tool and has the tool for use at a place of employment;(propriétaire d’un outil)
“portable compressed gas container” means any container having a water capacity of 450 kg or less that contains or is intended to contain a compressed or liquefied gas;(contenant portatif de gaz sous pression)
“portable power-operated hand tool” means a tool held with one or both hands and powered by a hydraulic, pneumatic, electrical or chemical energy source;(outil à main portatif motorisé)
“powder actuated tool” means a tool that, by means of an explosive force, propels or discharges a fastening device for the purpose of impinging it on, affixing it to or causing it to penetrate another object or material;(pistolet d’ancrage à charge explosive)
“powderman” Repealed: 93-8
“powered mobile equipment” means self-propelled off-highway equipment used for construction, mining, agriculture, forestry and other purposes and includes front-end loaders, dozers, backhoes, excavators, skidders, forwarders, tree-harvesters, scrapers, compactors, rollers, graders, agricultural tractors and industrial tractors, but does not include industrial lift trucks or mobile cranes;(équipment mobile à moteur)
“pressure” means gauge pressure in kilopascals;(pression)
“SAE” means the Society of Automotive Engineers;(SAE)
“safeguard” means a guard, shield, guardrail, fence, gate, barrier, safety net, wire mesh or other protective enclosure, handrail or other similar device designed to protect the safety of a person, but does not include protective equipment;(dispositif de protection)
“service stairway” means a stairway used for access for purposes of maintenance and repair and not used as part of a travelway;(escalier de service)
“silviculture operation” means the development and care of trees and includes site preparation, planting, thinning and harvesting;(opération de sylviculture)
“structural fire-fighting” means the activities of rescue, fire suppression and conservation of property from fires involving buildings, structures, vehicles, vessels, aircraft or other large objects;(lutte contre un incendie d’immeuble)
“swing staging” means a platform supported at the ends by hangers or stirrups and slings and suspended by ropes attached to hooks or thrust-outs which are attached to fixed supports;(échafaudage volant)
“threshold limit value” means(valeur limite d’exposition)
(a) except with respect to lead sulfide and formaldehyde, a threshold limit value adopted by the ACGIH and set out in the ACGIH publication entitled “1997 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices”, and
(b) with respect to lead sulfide, a threshold limit value adopted by the ACGIH for lead sulfide set out in the ACGIH publication entitled “1991-1992 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices”, and
(c) with respect to formaldehyde, the threshold limit value set out in section 23.1;
“tool” includes a hand tool, a portable power-operated hand tool and a powder actuated tool;(outil)
“underground mine” means an underground mine as defined in the Underground Mine Regulation - Occupational Health and Safety Act;(mine souterraine)
“work platform” Repealed: 2001-33
“zero energy state” means, with respect to a machine, a state in which all(niveau d’énergie zéro)
(a) power sources,
(b) pressurized fluids and air,
(c) potential mechanical energy,
(d) accumulators and air surge tanks,
(e) kinetic energy of machine members,
(f) loose or freely moveable machine members, and
(g) moveable material or work pieces that are supported, retained or controlled by a machine and that could move or cause the machine to move,
are acted upon to render the machine incapable of spontaneous or unexpected action by being locked out, isolated, blocked, supported, retained, controlled, drained to tank, vented to the atmosphere, reduced to atmospheric pressure or otherwise released of potential energy.
93-8; 96-106; 97-121; 2001-33; 2005-80