Acts and Regulations

91-191 - General

Section 49
Disposition versions

Full text
Fall-protection system
49(1)The employer shall provide and the employee shall continually use a fall-protection system when an employee works from
(a) an unguarded work area that is
(i) 3 m or more above water or the nearest permanent safe level,
(ii) above any surface or object that could cause injury to the employee upon contact, or
(iii) above any open top tank, bin, hopper or vat,
(b) a work area that is 3 m or more above a permanent safe level and from which a person may fall if the work area tips or fails, or
(c) a work area where an officer has determined that it is necessary for safety reasons to use a fall-protection system.
49(2)If an employee is required to work from a communication or power transmission tower or other similar structure 3 m or more above a permanent safe level, the employer shall provide and the employee shall continually use a fall-protection system when at rest and at the working level.
49(3)If an employee referred to in subsection (2) is ascending or descending a communication or power transmission tower or other similar structure, the employer shall provide and the employee shall continually use a fall-arresting system.
49(4)If an employee is required to work from a wood pole or other similar wood pole structure 3 m or more above a permanent safe level, the employer shall provide and the employee shall continually use
(a) a fall-arresting system when the employee is ascending, descending or at rest, and
(b) a work positioning system in addition to the fall-arresting system when the employee is performing work at the working level.
49(5)If it is not practical to use a fall-arresting system and a work positioning system, the employer shall provide and the employee referred to in subsection (4) shall continually use a fall restricting system when ascending or descending and to secure themselves to the wood pole when at rest or at the working level.
49(6)This section does not apply to the following situations:
(a) if the employee will at all times remain further than 3 m from the unguarded edge of a surface with a slope of 3 in 12 or less;
(b) where a firefighter is engaged in structural fire-fighting;
(c) if an employee is engaged in the installation, maintenance or removal of a fall-protection system and another form of fall-protection is not practical, provided the employee has been fully instructed in work procedures and hazards and in how to protect themselves from falling; or
(d) if it is not practical to use a fall-protection system where an employee is engaged in the weatherproofing of a roof that has a total area of less than 23 m2 or of a roof of a canopy or walkway that have slopes of 3 in 12 or less, provided the employee has been fully instructed in work procedures and hazards and in how to protect themselves from falling.
97-121; 2010-159; 2022-27
Fall-protection system
49(1)The employer shall provide and the employee shall continually use a fall-protection system when an employee works from
(a) an unguarded work area that is
(i) 3 m or more above water or the nearest permanent safe level,
(ii) above any surface or object that could cause injury to the employee upon contact, or
(iii) above any open top tank, bin, hopper or vat,
(b) a work area that is 3 m or more above a permanent safe level and from which a person may fall if the work area tips or fails, or
(c) a work area where an officer has determined that it is necessary for safety reasons to use a fall-protection system.
49(2)If an employee is required to work from a communication or power transmission tower or other similar structure 3 m or more above a permanent safe level, the employer shall provide and the employee shall continually use a fall-protection system when at rest and at the working level.
49(3)If an employee referred to in subsection (2) is ascending or descending a communication or power transmission tower or other similar structure, the employer shall provide and the employee shall continually use a fall-arresting system.
49(4)If an employee is required to work from a wood pole or other similar wood pole structure 3 m or more above a permanent safe level, the employer shall provide and the employee shall continually use
(a) a fall-arresting system when the employee is ascending, descending or at rest, and
(b) a work positioning system in addition to the fall-arresting system when the employee is performing work at the working level.
49(5)If it is impracticable to use a fall-arresting system and a work positioning system, the employer shall provide and the employee referred to in subsection (4) shall continually use a fall restricting system when ascending or descending and to secure themselves to the wood pole when at rest or at the working level.
49(6)This section does not apply to the following situations:
(a) if the employee will at all times remain further than 3 m from the unguarded edge of a surface with a slope of 3 in 12 or less;
(b) where a firefighter is engaged in structural fire-fighting;
(c) where an employee is engaged in the installation, maintenance or removal of a fall-protection system and another form of fall-protection is impracticable, provided the employee has been fully instructed in work procedures and hazards and in how to protect himself or herself from falling; or
(d) if it is impracticable to use a fall-protection system where an employee is engaged in the weatherproofing of a roof that has a total area of less than 23 m2 or of a roof of a canopy or walkway that have slopes of 3 in 12 or less, provided the employee has been fully instructed in work procedures and hazards and in how to protect himself or herself from falling.
97-121; 2010-159
Fall-arresting systems
49(1)Where an employee is required to work from
(a) an unguarded work area that is
(i) more than 3 m above the nearest safe level,
(ii) above any surface or thing that could cause injury to the employee upon contact, or
(iii) above any open top tank, pit or vat,
(b) a work platform that is more than 3 m above a permanent safe level and from which a person may fall if the work platform tips or fails,
(c) a communication or power transmission tower or other similar structure that is over 3 m in height, or
(d) a work area where an officer has determined that it is necessary for employee safety for an employee to use an individual fall-arresting system,
the employer shall provide and the employee shall use an individual fall-arresting system.
49(2)Where an employee is required to work from a communication or power transmission tower or other similar structure that is over 3 m in height, the employee shall
(a) use the individual fall-arresting system when ascending or descending, and
(b) secure himself or herself to the tower or structure when at rest or at the working level.
49(3)An individual fall-arresting system shall
(a) be attached to a secure anchor capable of withstanding a force of 17.8 kN,
(b) prevent an employee from falling freely for more than 1.2 m, and
(c) conform to one of the following standards:
(i) CSA standard Z259.1-1976, “Fall Arresting Safety Belts and Lanyards for the Construction and Mining Industries”;
(ii) CSA standard Z259.2-M1979, “Fall-Arresting Devices, Personnel Lowering Devices, and Life Lines”; or
(iii) CSA standard Z259.3-M1978, “Lineman’s Body Belt and Lineman’s Safety Strap”.
49(4)An employer shall ensure that an individual fall-arresting system that has been subjected to fall-arresting is removed from service and is inspected by a competent person before being returned to service.
49(5)This section does not apply where a firefighter is engaged in structural fire-fighting.
97-121