Acts and Regulations

91-191 - General

Full text
Document at 29 March 2017
NEW BRUNSWICK
REGULATION 91-191
under the
Occupational Health and Safety Act
(O.C. 91-1035)
Filed December 3, 1991
Under section 51 of the Occupational Health and Safety Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the General Regulation - Occupational Health and Safety Act.
I
INTERPRETATION
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
Inconsistency
3In the event of an inconsistency between any standard incorporated by reference in this Regulation and any other provision of this Regulation, that other provision shall prevail to the extent of the inconsistency.
Exemptions for ferry, train or vehicle
3.1The following provisions do not apply to a place of employment that is a ferry, a train or a vehicle used or likely to be used by an employee:
(a) the definition “blasting operation”;
(b) subsections 5(1), (2) and (3);
(c) subsection 10(2);
(d) subsections 12(1), (2), (3) and (4);
(e) subsection 13(1);
(f) subsection 19(1);
(g) subsection 20(1).
2004-70
II
SANITATION AND ACCOMMODATION
Drinking Water
Drinking water
4(1)An employer shall ensure that sufficient potable water for drinking is readily available and that it meets the standards set out in the “Guidelines for Canadian Drinking Water Quality”, Sixth Edition, published by authority of the Minister of National Health and Welfare, 1996.
4(2)Where drinking water is not taken directly from a water pipe, an employer shall ensure that it is kept in an adequately covered container and that, if used by more than one employee, the container is equipped with a drain faucet.
4(3)An employer shall ensure that individual sanitary drinking vessels or cups are provided, except where the drinking water is delivered in an upward jet from which an employee may drink.
4(4)Where outlets exist for both drinking water and water not suitable for drinking, an employer shall ensure that the outlets are appropriately and clearly labelled.
2001-33
Toilets
Toilets
5(1)An employer shall provide a minimum number of toilets for each sex determined according to the maximum number of employees of each sex who are normally employed at any one time at the same place of employment as follows:
(a) where the number of such employees does not exceed nine, one toilet;
(b) where the number of such employees exceeds nine but does not exceed twenty-four, two toilets;
(c) where the number of such employees exceeds twenty-four but does not exceed forty-nine, three toilets;
(d) where the number of such employees exceeds forty-nine but does not exceed seventy-four, four toilets;
(e) where the number of such employees exceeds seventy-four but does not exceed one hundred, five toilets; and
(f) where the number of such employees exceeds one hundred, five toilets and one toilet for every thirty such employees in excess of one hundred.
5(2)Where the total number of employees normally employed by an employer in the place of employment at any one time does not exceed nine, the employer may provide only one toilet for both male and female employees if the toilet is situated in a room whose entrance door is fitted on the inside with a locking device.
5(3)Notwithstanding subsection (1), in an underground mine an employer shall provide a minimum number of toilets for each sex determined according to the maximum number of employees of each sex who are normally employed at any one time at the same place of employment as follows:
(a) where the number of such employees does not exceed twenty-five, one toilet;
(b) where the number of such employees exceeds twenty-five but does not exceed fifty, two toilets;
(c) where the number of such employees exceeds fifty but does not exceed seventy-five, three toilets;
(d) where the number of such employees exceeds seventy-five but does not exceed one hundred, four toilets; and
(e) where the number of such employees exceeds one hundred, four toilets and one toilet for every thirty such employees in excess of one hundred.
5(4)Where more than two toilets are required for male employees, an employer may substitute urinals for up to two-thirds of the required number of toilets.
5(5)Where running water and sewage facilities are available, toilets shall be of the water flush type and may be of the chemical, self-contained portable or other similar type if no running water is available.
5(6)As soon as work has started on a project site, the principal contractor or, if there is no principal contractor, the owner shall provide toilets in accordance with subsection (1).
5(7)An employer shall ensure that a toilet facility is
(a) within easy access of an employee’s work site,
(b) enclosed so that an employee is sheltered from view and protected from the natural elements,
(c) adequately ventilated and illuminated,
(d) where possible, heated,
(e) kept in a clean and sanitary condition,
(f) provided with a sufficient supply of toilet paper and hygiene supplies,
(g) provided with a covered waste receptacle,
(h) maintained in working condition, and
(i) in the case of a self-contained unit, is emptied and serviced at intervals which ensure that the unit does not overflow.
97-121
Washrooms
Washrooms
6(1)An employer shall provide a wash basin or equivalent hand cleaning facility in a room with one toilet and sufficient additional wash basins or equivalent hand cleaning facilities in the room for additional toilets or urinals.
6(2)Where an outdoor privy is provided, an employer shall provide a hand cleaning facility as close to the outdoor privy as is practicable and sufficient additional hand cleaning facilities as close as practicable to additional outdoor privies.
6(3)Where a wash basin is provided, an employer shall provide
(a) hot and cold water,
(b) liquid or powder soap or other appropriate cleansers, and
(c) sufficient sanitary hand drying facilities.
Eating Areas
Eating areas
7(1)Where the possibility of contamination of food exists if there is no eating area separate from a work area, an employer shall provide an eating area for employees separate from that work area.
7(2)An employer shall ensure that the eating area referred to in subsection (1)
(a) is kept in a sanitary condition, and
(b) is adequately provided with
(i) light, heat and ventilation,
(ii) hand cleansing and drying facilities,
(iii) tables and seating sufficient for the number of employees who use the eating area at any one time, and
(iv) garbage receptacles.
7(3)An employer shall ensure that an employee does not convey food or drink into an area where a process is being carried out which may contaminate the food or drink.
7(4)An employee shall not convey food or drink into a area where a process is being carried out which may contaminate the food or drink.
Food and Rest Periods
Food and rest periods
8An employer shall allow an employee at least one-half hour for food and rest after each five consecutive hours of work.
Work Clothes
Work clothes
9(1)If the nature of an employee’s work makes it necessary for the employee to change from street clothes to work clothes to protect the employee’s health or safety, an employer shall provide
(a) storage for the employee’s street clothes and work clothes that will prevent the clothes from becoming wet or dirty, and
(b) a changing room.
9(2)Where an employee’s work clothes are liable to be contaminated by a toxic, noxious, infectious or irritating substance so that the health of the employee or other persons may be adversely affected by exposure to the clothes when contaminated, an employer shall
(a) provide work clothes for the employee’s use,
(b) provide storage for the employee’s street clothes and work clothes that will prevent the street clothes from becoming contaminated,
(c) provide a changing room, and
(d) ensure that the work clothes are cleaned as necessary.
97-121
Showers
Showers
10(1)Where an employee may be exposed to a toxic, noxious, infectious or irritating substance or may be exposed to high levels of heat or humidity so that the health of the employee may be adversely affected, an employer shall provide a shower facility.
10(2)An employer shall provide a shower facility referred to in subsection (1) as follows:
(a) a number of showers for each sex determined according to the maximum number of employees of each sex who are normally employed at the same place of employment and who are exposed as described in subsection (1) at any one time as follows:
(i) where the number of employees does not exceed ten, one shower, and
(ii) an additional shower for each unit of ten additional employees of each sex;
(b) sufficient water supply which can be manually adjusted to come within a range of 35 °C and 45 °C; and
(c) soap and towels.
Emergency Eyewash and Shower
2001-33
Emergency eyewash and shower
11(1)Where an employee’s skin or eyes may be exposed to contamination from materials at a place of employment, an employer shall provide emergency showers or eyewash fountains in the area where the contamination may occur.
11(2)An employer shall ensure that an emergency shower or eyewash fountain provided under subsection (1) complies with the requirements of ANSI standard ANSI Z358.1-1990, “American National Standard for Emergency Eyewash and Shower Equipment”.
2001-33
First Aid
Repealed: 2004-130
2004-130
Repealed
12Repealed: 2004-130
97-121; 2004-130
Repealed
13Repealed: 2004-130
2004-130
Occupational Health Service
Occupational health service
14(1)Where an occupational health service is required under section 45 of the Act, the occupational health service shall be established and maintained so as to
(a) provide leadership, support and medical and technical services in all areas relating to health in the place of employment,
(b) provide ongoing health assessments and health supervision of each employee,
(c) establish appropriate records, standards, procedures, policies and reporting systems to identify and prevent health and safety hazards in the place of employment,
(d) promote prevention of occupational disease and injury through health education, health counselling and environmental assessment programs,
(e) be able to provide an emergency response to injuries and potential disasters in the place of employment, and
(f) enhance or maintain the health of employees through appropriate follow-up care, rehabilitation services or referrals to community based services.
14(2)An employer shall ensure that an occupational health service is managed by a competent person.
General
Place of employment to be kept clean and in good repair
15An employer shall ensure that a place of employment is kept in a clean and sanitary condition and in a good state of repair so as not to affect adversely the health and safety of an employee.
Storage of items not to create hazard
16An employer shall ensure that materials, machines or equipment are not stored or located in a place of employment so as to create a hazard to an employee.
Refuse containers
17An employer shall ensure that containers used for refuse are emptied at frequent intervals and constructed to withstand the intended use.
III
AIR QUALITY
Application
18(1)Sections 19, 20, 21, 24, 24.1 and 25 do not apply to an underground mine.
18(2)Sections 19, 20, 24, 24.1, 25 and 25.2 do not apply to a confined space under Part XVII.
18(3)Sections 19, 20, 24, 24.1 and 25.2 and paragraph 22(a) do not apply where a firefighter is engaged in structural fire-fighting.
96-106; 97-121; 2001-33; 2010-129
Air space requirement per employee
19(1)An employer shall ensure that an area where an employee works contains at least 8.5 m3 of air space for each employee in that area.
19(2)When calculating the air space requirement under subsection (1), height above 3 m shall be excluded from the calculation.
Ventilation
Ventilation
20(1)An employer shall ensure that a place of employment is adequately ventilated by
(a) natural ventilation which introduces outside air provided by openings having a combined area equal to at least 5% of the floor area, or
(b) mechanical ventilation conforming to ASHRAE standard 62-1989, “Ventilation for Acceptable Indoor Air Quality”.
20(2)Where mechanical ventilation is used and the ASHRAE standard referred to in subsection (1) does not specify supply rates of acceptable outside air required, an employer shall ensure that the minimum amount of outside air introduced shall be 8 litres/second/person.
20(3)An employer shall ensure that a ventilation system prevents the return of exhausted air through the outside air intake.
20(4)An employer shall ensure that exhausted air is replaced by air that
(a) does not constitute a hazard to the health of employees,
(b) does not contain air contaminants in concentrations that exceed 10% of the threshold limit values,
(c) is heated, when necessary, to maintain the minimum temperature specified in section 21, and
(d) is properly distributed so as not to cause undue drafts or disturbance of conditions.
Temperature
Temperature
21(1)Subject to subsection (2), an employer shall ensure that the temperature of an area where an employee works in an enclosed place of employment is maintained as follows:
(a) where light work is performed while sitting, such as any mental work, precision work, reading or writing, the minimum temperature required is 20 °C;
(b) where light physical work is performed while sitting, such as electric machine sewing or work with small machine tools, the minimum temperature required is 18 °C;
(c) where light or moderate physical work is performed while standing, such as machine tool work, assembly work or trimming, the minimum temperature required is 16 °C; and
(d) where heavy physical work is performed while standing, such as drilling or manual work with heavy tools, the minimum temperature required is 12 °C.
21(2)Where it is impractical to heat an area where an employee works to the temperature required by subsection (1), an employer shall provide a suitable place where the employee may go to get warmed.
Extremes of Temperature
Extremes of temperature
22Where an employee is exposed to work conditions that may present a hazard because of extreme heat or extreme cold, an employer shall ensure that
(a) a competent person measures and records the thermal conditions at frequent intervals and makes the findings available to a committee, if any, and to an officer on request, and
(b) the threshold limit values for protection against heat stress and cold stress are followed as well as the work-rest regimen for heat and the work-warming regimen for cold and other advice found from pages 125 to 140 of the ACGIH publication “1997 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices”.
2001-33
Extremes of temperature
23(1)Where an employee is exposed to work conditions that may present a hazard because of excessive heat, an employer shall ensure that a competent person instructs the employee in the significance of symptoms of heat stress such as heat exhaustion, dehydration, heat cramps, prickly heat and heat stroke and in the precautions to be taken to avoid injury from heat stress.
23(2)Where an employee is exposed to work conditions that may present a hazard because of excessive cold, an employer shall ensure that a competent person instructs the employee in the significance of symptoms of cold stress such as severe shivering, pain in the extremities of the body and reduced mental awareness and in the precautions to be taken to avoid injury from cold stress.
Threshold Limit Values for
Formaldehyde and Lead Sulfide
2001-33
Threshold limit value for formaldehyde
23.1The threshold limit value for formaldehyde, as 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” shall be deemed to be and shall be read as follows:
(a) formaldehyde - 0.5ppm TWA and 1.5 ppm STEL.
2001-33
Air Contaminants
Air contaminants – level of concentration
24(1)An employer shall ensure that an air contaminant is kept at a level of concentration that does not constitute a hazard to the health or safety of an employee exposed to it and, where a threshold limit value exists in respect of an air contaminant, that the exposure of the employee to the air contaminant at no time exceeds the threshold limit value.
24(2)Where the installation of engineering controls is practical, an employer shall install and use appropriate engineering controls to comply with subsection (1).
24(3)Where practical, an employer shall ensure that air contaminants are removed at their source.
24(4)Where an employer or an employee has reason to believe that the level of concentration of an air contaminant may be approaching 50% of the threshold limit value, the employer shall ensure that the air is tested to determine the level of concentration of the air contaminant.
Exposure to air contaminant other than in standard work week
24.1(1)Where the exposure of an employee to an air contaminant occurs other than during the course of an eight hour work day and forty hour work week, an employer shall use the Brief and Scala model as referenced on page 10 of the ACGIH publication “1997 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices” to adjust the threshold limit values.
24.1(2)An employer shall ensure that the exposure of an employee to an air contaminant at no time exceeds the adjusted threshold limit values if the exposure of an employee to an air contaminant occurs other than during the course of an eight hour work day and forty hour work week.
24.1(3)An employer shall ensure that there is appropriate medical surveillance of employees exposed to the air contaminants for at least twelve months after the threshold limit values for the air contaminants have been adjusted according to the Brief and Scala method.
2001-33
Respiratory protective equipment - when required
25Where
(a) the level of concentration of an air contaminant may exceed 50% of the threshold limit value in conditions that are part of the normal work procedure,
(b) there is the possibility of accidental exposure to a level of concentration of an air contaminant in excess of the threshold limit value, or
(c) the oxygen content of the atmosphere is less than or may be less than 19.5% by volume,
an employer shall provide adequate respiratory protective equipment to each employee who may be exposed to the conditions described in paragraphs (a) to (c).
Diamond drilling on surface and methane
25.1Where diamond drilling occurs on the surface and there is a possibility of encountering methane, sections 55 to 60 of the Underground Mine Regulation - Occupational Health and Safety Act apply with the necessary modifications.
96-106
Dust
2001-33
Hazard from dust
25.2Where work is carried out in an area where dust may create a hazard to the health of employees, an employer shall take such measures with respect to the dust as are sufficient to protect employees from the risk of damage to health.
2001-33
IV
ILLUMINATION
Amount and standards
26(1)An employer shall provide lighting sufficient for the type of work being done considering
(a) the quantity of illumination, and
(b) the quality of illumination, including reflectances, direct glare and reflected glare.
26(2)An employer shall use one of the following ANSI standards, where applicable, to determine the lighting required by subsection (1):
(a) ANSI/IES RP-7 1991, “American National Standard Practice for Industrial Lighting”;
(b) ANSI/IES RP3 - 1988, “Guide for Educational Facilities Lighting”; or
(c) ANSI/IESNA RP-1-1992, “American National Standard Practice for Office Lighting”.
26(3)This section does not apply where a firefighter is engaged in structural fire-fighting.
97-121; 2001-33
Failure of lighting system
27(1)Where failure of the normal lighting system may constitute a danger to an employee’s health or safety, an employer shall ensure that emergency lighting is available that
(a) is independent of the normal lighting source, and
(b) provides a minimum of 50 lux of lighting so as to enable an employee to leave the place of employment safely.
27(2)An employer shall ensure that the emergency lighting referred to in subsection (1) is frequently tested to ensure that it will function in an emergency.
27(3)This section does not apply where a firefighter is engaged in structural fire-fighting.
97-121
Lighting in underground mine
28(1)Notwithstanding sections 26 and 27, in an underground mine an employer shall ensure that adequate illumination by means of stationary lighting is provided
(a) at an active shaft station and conveyance landing,
(b) at any opening or hole that may constitute a hazard to an employee if it is not illuminated, and
(c) in refuge stations.
28(2)Where the failure of the stationary lighting in an underground mine may constitute a danger to an employee’s health or safety, an employer shall ensure that adequate alternative lighting sufficient to prevent any such danger is provided and maintained.
V
NOISE AND VIBRATION
2001-33
Measurement of noise level
29(1)Where an employer or an employee has reason to suspect that the noise level in an area where employees work may exceed 80 dBA, an employer shall ensure that
(a) the noise level is measured by a competent person using a sound level meter that conforms as a minimum to the requirements of ANSI standard S1.4-1983, “American National Standard Specification for Sound Level Meters”, for a Type 2 sound level meter that is set to use the A-weighted network with slow meter response, and
(b) the amount of time that an employee spends in an area where the noise level exceeds 80 dBA is measured.
29(2)An employer shall ensure that the information obtained under subsection (1) is documented and made available to a joint health and safety committee or health and safety representative, if any, and to an officer on request.
29(3)Where there is reason to suspect that substantial changes in noise levels documented under subsection (1) have occurred, an employer shall ensure that the noise level and employee exposure is re-measured and documented in accordance with the requirements of subsection (1).
Maximum exposure of employee to noise
30(1)An employer shall ensure that the exposure of an employee to noise is kept as low as is practical and does not exceed the following exposures:
Sound level
Duration per day
dBA
Hours
  80
24
  82
16
  85
  8
  88
  4
  91
  2
  94
  1
  97
½
100
¼
30(2)An employer shall ensure that when the daily noise exposure is composed of periods of noise exposure at substantially different levels, their combined effect is considered, rather than the individual effect of each, according to the following formula:
If the sum of the following fractions:
C1
+
C2
+
....
Cn
T1
T2
Tn
exceeds unity, then the mixed exposure is considered to exceed the relevant exposure prescribed in subsection (1). C1 indicates the total duration of exposure at a specific noise level, and T1 indicates the total duration of exposure permitted at that level. All job noise exposures of 80 dBA or greater shall be used in the above calculations.
30(3)An employer shall ensure that no employee is exposed to continuous, intermittent or impact noise in excess of a peak C-weighted level of 140 dB, using a Type 2 sound level meter that is set to use the A-weighted network with slow meter response.
2001-33
Engineering controls for noise
31Where the installation of engineering controls is practical, an employer shall install and use appropriate engineering controls to comply with section 30.
Hearing protective equipment
32Where necessary, an employer shall provide, and an employee shall use, adequate hearing protective equipment so that the exposure of an employee to noise is kept within the limits prescribed by section 30.
Noise level in excess of 85 dBA
33Where the noise level exceeds 85 dBA in an area, an employer shall ensure that the area is clearly marked by a sign that indicates the range of the noise levels measured and warns of the noise hazard.
Exception for firefighters
33.1(1)Except for a firefighter operating a structural fire-fighting apparatus, this Part does not apply where a firefighter is engaged in structural fire-fighting.
33.1(2)In this section, “structural fire-fighting apparatus” includes pumper units, foam apparatus, aerial ladders, aerial devices and other similar apparatus.
97-121; 2010-159
Vibration
2001-33
Exposure of employee to vibration
33.2An employer shall ensure that the exposure of an employee to hand-arm vibration is kept as low as is practical and does not exceed the following exposures:
Exposure of the Hand to Vibration in
either Up and Down, Sideways or
Forward and Back Directions
Total daily exposure
duration*
Values of the dominant**,
frequency-weighted,
root mean square,
component acceleration
which shall not be
exceeded
m/s2
g***
4 hours and less than 8 hours
4
0.40
2 hours and less than 4 hours
6
0.61
1 hour and less than 2 hours
8
0.81
less than one hour
12
1.22
 
* The total time vibration enters the hand per day, whether continuously or intermittently
** Usually one axis of vibration is dominant over the two remaining axes. If one or more vibration axis exceeds the total daily exposure, then the exposure limit has been exceeded.
*** 1 g = 9.81 m/s2
2001-33
VI
NON-IONIZING RADIATION
Laser Radiation
Laser radiation
34An employer shall ensure that laser beams are operated and used in accordance with ANSI standard ANSI Z136.1-1993, “American National Standard for Safe Use of Lasers”.
2001-33
Infra-red Radiation
Infra-red radiation
35(1)An employer shall ensure that all sources of intense infra-red radiation are shielded as near the source as possible by heat absorbing screens, water screens or other suitable devices.
35(2)An employer shall ensure that employees are provided with and wear properly fitting goggles, face shields or other adequate eye protective equipment when entering an area where they may be subjected to infra-red radiation liable to injure or irritate the eyes.
35(3)An employee shall wear the eye protective equipment referred to in subsection (2) when entering an area where the employee may be subjected to infra-red radiation liable to injure or irritate the eyes.
Ultraviolet Radiation
Ultraviolet radiation
36Where emissions of ultraviolet radiation are in the spectral region between 180 nm and 400 nm, an employer shall ensure that
(a) access to areas where equipment emits ultraviolet radiation is limited to those persons directly concerned with its use,
(b) users of such equipment are trained in the hazards and need for precautions,
(c) warning signs or devices are used to indicate the presence of ultraviolet radiation hazard,
(d) protective cabinets or screens are placed around the source of emission, with observation ports made of suitable absorbent materials such as certain grades of acrylics, polyvinyl chloride or window glass,
(e) protective clothing is used by an employee as required,
(f) eye protective equipment such as ultraviolet absorbing goggles, spectacles or face shields are used by an employee whenever there is a potential eye hazard, and
(g) exposure of an employee to ultraviolet radiation does not exceed the threshold limit value.
97-121; 2001-33
Radiofrequency Radiation
Radiofrequency radiation
37(1)An employer shall ensure that the installation and use of a radiation emitting device in the frequency range 10 kHz to 300 GHz conforms to the requirements of “Limits of Exposure to Radiofrequency Fields at Frequencies from 10 kHz-300 GHz, Safety Code 6”, issued by the Environmental Health Directorate, Health Protection Branch and published by authority of the Minister of National Health and Welfare.
37(2)An employer shall ensure that the exposure of an employee or other person to radiofrequency radiation at frequencies from 10 kHz to 300 GHz does not exceed the limits set out in the safety code referred to in subsection (1).
VII
PROTECTIVE EQUIPMENT
General
Duty to supply, train and use
38(1)Where protective equipment is required to be used by an employee under this Regulation, an employer shall provide the protective equipment required and shall ensure that the employee is instructed and trained in the proper use and care of the protective equipment.
38(2)Where protective equipment is required to be used by an employee under this Regulation, an employee shall
(a) use the equipment that is required in accordance with the instruction and training received,
(b) test or visually inspect the equipment before each use as appropriate to the type of equipment to be used,
(c) report any defective equipment to the employer and not use the equipment, and
(d) care for the equipment properly while using it.
Eye, face, ears or neck protection
39Where an employee is exposed to a hazard that may irritate or injure the eyes, face, ears or front of the neck, the employee shall use protective equipment that is appropriate to the hazard and that conforms to CSA standard CAN/CSA-Z94.3-92, “Industrial Eye and Face Protectors” or a standard offering equivalent protection.
2001-33
Head protection
40(1)On a project site, an employee shall use Class E, Type 1 headwear that conforms to ANSI standard ANSI Z89.1-1997, “American National Standard for Industrial Head Protection” or a standard offering equivalent or better protection.
40(2)At a place of employment, other than a project site, where an employee is exposed to a hazard that may injure the employee’s head, the employee shall use protective equipment that is appropriate to the hazard and that conforms to ANSI standard ANSI Z89.1-1997, “American National Standard for Industrial Head Protection” or a standard offering equivalent or better protection.
2001-33
Foot protection
41(1)On a project site, an employee shall use Grade 1 footwear with sole protection that conforms to CSA standard CAN/ CSA-Z195-M92, “Protective Footwear” or a standard offering equivalent protection.
41(2)At a place of employment, other than a project site, where an employee is exposed to a hazard that may injure the employee’s foot, the employee shall use protective equipment that is appropriate to the hazard and that conforms to CSA standard CAN/CSA-Z195-M92, “Protective Footwear” or a standard offering equivalent protection.
2001-33
Protection for skin
42Where an employee is exposed to a hazard that may injure the skin, the employee shall use, as necessary,
(a) adequate protective gloves,
(b) adequate protective boots or wooden clogs,
(c) adequate body covering,
(d) adequate eye protection,
(e) a barrier cream or oil to prevent irritation to exposed parts of the body, or
(f) other protective equipment sufficient to provide protection from the hazard.
Protection for hands
43(1)Subject to subsection (2), where an employee is handling objects that may injure the hands, the employee shall use adequate protective gloves or other protective equipment.
43(2)Where an employee is handling wire rope in a logging operation, the employee shall wear adequate double-palmed leather mitts or gloves.
97-121
Protective clothing – extreme temperatures
44Where an employee is exposed to a hazard from extreme heat or extreme cold, the employee shall use adequate protective clothing.
Respiratory Protective Equipment
Respiratory protective equipment
45(1)Where an employer is required to provide respiratory protective equipment, the employer shall establish a written code of practice covering the proper selection, care, use, maintenance and fitting of the equipment that may be required to be used at that place of employment.
45(2)An employer shall comply with CSA standard Z94.4-93, “Selection, Use, and Care of Respirators” in developing a code of practice.
45(3)An employer shall ensure that the code of practice referred to in subsection (1) is, when followed, sufficient to provide for the health and safety of employees at the place of employment.
45(4)An employer shall consult with the joint health and safety committee or health and safety representative, if any, or with employees if there is no committee or representative, in developing the code of practice.
45(5)An employer shall ensure that a copy of the code of practice is readily available to an officer upon request and to employees in the areas where the respiratory protective equipment may be required to be used.
45(6)An employer shall ensure that the code of practice referred to in subsection (1) is implemented and adhered to at the place of employment.
45(7)An employee shall adhere to a code of practice referred to in subsection (1).
2001-33
Training program for respiratory protective equipment
46(1)An employer shall implement a training program for an employee who may have to use, issue, test or maintain respiratory protective equipment or supervise an employee who may have to use respiratory protective equipment.
46(2)An employer shall use clause 8 of CSA standard Z94.4-93, “Selection, Use, and Care of Respirators” as a guide to the necessary content of the training program required by subsection (1).
2001-33
Effective facial seal when using equipment
47An employee who may be required to use respiratory protective equipment shall co-operate in attaining an effective fit of the equipment and, in particular, be as clean shaven as is necessary to ensure an effective facial seal.
Hearing Protective Equipment
Hearing protective equipment
48(1)An employer shall ensure that hearing protective equipment conforms to CSA standard Z94.2-94, “Hearing Protectors” or a standard offering equivalent protection.
48(2)An employer shall consult with a joint health and safety committee or health and safety representative, if any, or with employees if there is no committee or representative, concerning the selection of the types of hearing protective equipment to be used by employees.
48(3)Where hearing protective equipment is required, an employer and an employee who uses the equipment shall each ensure that the equipment is kept in a sanitary condition.
2001-33
Fall-protection system
2010-159
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
Applicable standards
49.1(1)An owner of a place of employment, an employer and a contractor shall each ensure that the components of a fall-protection system
(a) are designed in accordance with good engineering practices,
(b) are erected, installed, assembled, used, handled, stored, adjusted, maintained, repaired and dismantled in accordance with the manufacturer’s specifications, and
(c) meet the requirements of the applicable standards.
49.1(2)For the purposes of paragraph (1)(c), the following CSA standards apply:
(a) Z259.1-05, “Body Belts and Saddles for Work Positioning and Travel Restraint” or Z259.1-95, “Safety Belts and Lanyards”;
(b) Z259.2.1-98, “Fall-arresters, Vertical life lines, and Rails” or Z259.2-M1979, “Fall-arresting Devices, Personnel Lowering Devices and Life Lines”, if the fall-arrester complies with Z259.2-M1979 it must be modified to make the fall-arrester panic proof;
(c) Z259.2.2-98, “Self-Retracting Devices for Personal Fall-Arrest Systems”, or equivalent;
(d) Z259.2.3-99, “Descent Control Devices”, or equivalent;
(e) Z259.10-06, “Full Body Harnesses” or Z259.10-M90, “Full Body Harness”;
(f) Z259.11-05, “Energy Absorbers and Lanyards” or Z259.11-M92, “Shock Absorbers for Personal Fall-Arrest Systems”;
(g) Z259.12-01, “Connecting Components for Personal Fall-Arrest Systems”, or equivalent;
(h) Z259.14-01, “Fall Restricting Equipment for Wood Pole Climbing”, or equivalent;
(i) Z259.13-04, “Flexible Horizontal Life Line Systems”; and
(j) Z259.16-04, “Design of Active Fall-Protection Systems”.
2010-159
Fall-arresting system
49.2(1)An owner of a place of employment, an employer and a contractor shall each ensure that any fall-arresting system consists of the following:
(a) a full body harness that is designed and rated by the manufacturer for the employee’s body type and adjusted to fit the employee;
(b) a self-retracting lanyard, an energy absorbing lanyard or a lanyard and energy absorber that is rated by the manufacturer for the employee;
(c) unless it is a horizontal life line, an anchor point that is capable of withstanding a 22 kN force or, if used under the direction of a competent person, four times the maximum load that may be generated in the fall-arresting system.
49.2(2)An owner of a place of employment, an employer and a contractor shall each ensure that a fall-arresting system limits
(a) free falls to the shortest distance possible, which distance cannot exceed 1.8 m or a shock level on the body of 8 kN, and
(b) the total fall distance to an amount less than the distance from the work area to any safe level, water or obstruction below.
49.2(3)Despite subsection (2), if using an energy absorber is hazardous or impracticable, the fall-arresting system shall
(a) not include an energy absorber,
(b) not use lanyards made of wire rope or other inelastic material, and
(c) limit free falls to 1.2 m.
49.2(4)Before any use of a fall-arresting system by an employee, an owner of a place of employment, an employer or a contractor shall develop a procedure to be used for rescuing an employee in an emergency.
49.2(5)An owner of a place of employment, an employer and a contractor shall each ensure that an employee is trained to use the procedures referred to in subsection (4) for rescuing another employee in an emergency.
49.2(6)If a fall-arresting system arrests a fall, an owner of a place of employment, an employer and a contractor shall each ensure that all components, including connecting components of a fall-arresting system are
(a) removed from service and inspected by a competent person,
(b) repaired to the designer’s or manufacturer’s specifications, or
(c) destroyed when a defect is observed.
2010-159
Anchor point in a fall-arresting system
49.3(1)An owner of a place of employment who permits the use of a fall-arresting system shall provide or ensure the use of a permanent or temporary anchor point that meets the requirements of paragraph 49.2(1)(c).
49.3(2)If a permanent anchor point has been provided, an owner of a place of employment shall
(a) prepare sketches showing the anchor point,
(b) provide a copy of the sketches to the employee who is using anchor points before the work begins, and
(c) ensure a copy of the sketches are posted conspicuously near the entrance to the roof.
49.3(3)An owner of a place of employment shall ensure that every anchor point is inspected and certified by a competent person
(a) before being used for the first time,
(b) as recommended by the manufacturer, the installer or an engineer and at least every 12 months,
(c) after any event or maintenance and repairs, and
(d) when the owner of a place of employment is informed under subsection (4) of a defect or inadequacy.
49.3(4)An employer or employee shall inform the owner of a place of employment immediately if they believe that any component of the anchor point is defective or inadequate.
49.3(5)If the inspection under subsection (3) reveals a defect or inadequacy, no one shall use the anchor point and no owner of a place of employment, employer or contractor shall permit its use until the defect or inadequacy has been eliminated.
2010-159
Vertical life lines
49.4(1)A vertical life line in a fall-arresting system shall
(a) extend to a safe level,
(b) be adequately secured or weighted at the base of the life line to prevent tangling or disturbance of the life line,
(c) be securely attached to an anchor point,
(d) be free of imperfections,
(e) be free of knots or splices, except for those that are necessary to connect the life line to an anchor point,
(f) be provided with protective devices at all sharp edges or corners to protect against cuts to or chafing of the life line, and
(g) be clearly identified as a life line by colour or other means.
49.4(2)A vertical life line in a fall-arresting system shall be used for its intended purpose only and shall be used by one employee at a time.
2010-159
Horizontal life lines
49.5(1)In this section “maximum arrest force” means the peak force exerted on an employee when a fall-arresting system stops a fall.
49.5(2)When a horizontal life line system which is engineered to meet CSA standard Z259.16-04, “Design of Active Fall-Protection Systems” is used, an owner of a place of employment, an employer and a contractor shall each ensure
(a) signed and dated drawings and instructions for the life line are readily available at the workplace, and
(b) that the system has been installed in accordance with the design documents.
49.5(3)The drawings and instructions referred to in paragraph (2)(a) shall contain the following information:
(a) the layout in plan and elevation, including anchor point locations, strengths, installation specifications, anchor point design and detailing; and
(b) the specification of the horizontal life line system, including permissible free fall, the maximum arrest force, clearance to obstructions below, cable size, breaking strength, termination details, initial sag or tension, number of permitted employees, and inspection requirements.
2010-159
Pre-engineered horizontal life line systems
49.6An owner of a place of employment, an employer and a contractor shall each ensure that a competent person installs a pre-engineered horizontal life line system in accordance with the manufacturer’s specifications.
2010-159
Horizontal life line systems that are not pre-engineered
49.7(1)When a horizontal life line system is used which is neither designed nor certified by an engineer and is not a pre-engineered system, an owner of a place of employment, an employer and a contractor shall each ensure it meets the following requirements:
(a) the wire rope must have a diameter of a minimum of 13 mm with a breaking strength specified by the manufacturer of at least 89 kN;
(b) connecting hardware such as shackles and turnbuckles must have an ultimate load capacity of at least 71 kN;
(c) end anchor points shall have a load capacity of at least 71 kN;
(d) the horizontal life line must be free of splices except at the termination;
(e) the span of the horizontal life line must be at least 6 m and not more than 18 m;
(f) the horizontal life line must have an unloaded sag no greater than 1 in 60;
(g) limit free falls to 1.2 m; and
(h) a minimum of 5.5 m of unobstructed clearance must be available below the horizontal life line.
49.7(2)When a horizontal life line system referred to in subsection (1) is used, no more than three employees may be secured to the horizontal life line and the horizontal life line must be positioned so it does not impede the safe movement of employees.
2010-159
Safety nets
49.8(1)A personal safety net must meet the following requirements:
(a) be installed and maintained so that the maximum deflection when arresting the fall of an employee does not allow the employee to come into contact with another surface,
(b) be connected to any other safety net by splice joints that are equal or greater in strength to the strength of the nets, and
(c) be installed so as to render it impossible for an employee to come into contact with another surface during a fall between the work area and the safety net.
49.8(2)An owner of a place of employment, an employer and a contractor shall each ensure that a safety net is designed, selected, installed, used, stored, tested and maintained in accordance with ANSI standard A10.11-1989, “Personnel and Debris Nets”.
2010-159
Methods of fall-protection system
50(1)An owner of a place of employment, an employer and a contractor shall each ensure that employees use fall-protection systems in following order of precedence:
(a) a guardrail, a travel restraint system or a fall restricting system; or
(b) a fall-arresting system.
50(2)Despite subsection (1), the use of a guardrail is not permitted on a surface that has a slope exceeding 6 in 12.
50(3)Despite subsection (1), where a fall-protection system is impractical an owner of a place of employment, an employer and a contractor shall each ensure an employee uses a control zone.
50(4)Despite subsection (3), use of a control zone is not permitted on a working surface where the slope of the surface exceeds 3 in 12 or for scaffolds.
50(5)This section does not apply where a firefighter is engaged in structural fire-fighting or rescue.
97-121; 2010-159
Work area
50.1Before an employee is allowed into an area where a risk of falling exists, an employer and a contractor shall each ensure the employee is instructed in the fall-protection system for the area and in the post-fall rescue procedure, if applicable, and that the employee is competent in the procedures to be followed.
2010-159
Fall-protection code of practice
50.2(1)An employer and a contractor shall each ensure that a fall-protection code of practice is written for a workplace if a fall-protection system is required for the workplace and
(a) the employees are working from a height of 7.5 m or more,
(b) the employer uses a safety monitor and work procedures when weatherproofing as the means of fall-protection, or
(c) an officer requires that the code of practice be written.
50.2(2)The code of practice must be readily available at the workplace before work begins and employees must have received instruction with regards to the code of practice.
50.2(3)The code of practice shall be developed in consultation with the joint health and safety committee or the health and safety representative, if any, or with the affected employees.
50.2(4)The code of practice shall include the following information:
(a) possible hazardous situations, including a description of the hazards and the possible effects on the health or safety of employees;
(b) the identification of employees at risk;
(c) the location where the code of practice might apply;
(d) the methods and equipment to be used including inspections procedures;
(e) the procedures and equipment which might be required in the event of an emergency;
(f) the times, days, or events during which the code of practice might be applicable;
(g) the identification of training needs;
(h) the identification of the person responsible for implementing the code of practice; and
(i) the name of the safety monitor, if applicable, and the training the safety monitor has received.
2010-159
Training
50.3(1)An employer shall ensure that a competent person trains an employee in the use, maintenance and inspection of a fall-protection system for the task being performed unless the fall-protection system is a guardrail.
50.3(2)The employer shall ensure that the competent person referred to in subsection (1), who provides the training, prepares a written training record which shall include the following information:
(a) the name of the employee who received the training;
(b) the date on which the training took place; and
(c) the name of the competent person and the name of the agency if any.
50.3(3)The training record for each employee shall be made available to an officer upon request.
50.3(4)An employer shall, in consultation with the joint health and safety committee or health and safety representative, if any, review annually or more frequently, if required by a change in work conditions or in the fall protection field, the training provided to employees concerning fall protection to determine if retraining is necessary.
2010-159
Inspections of fall-protection system components
50.4(1)An owner of a place of employment, an employer and a contractor shall each ensure that each component of a fall-protection system is inspected as follows to determine whether there are any defective or inadequate components:
(a) visually by the employee before use during a shift; and
(b) by a competent person before initial use and periodically as recommended by the manufacturer, installer or an engineer.
50.4(2)If the inspection reveals a defect or inadequacy, no one shall use the fall-protection system and no owner of a place of employment, employer or contractor shall permit its use until the defect or inadequacy has been eliminated.
50.4(3)An owner of a place of employment, an employer and a contractor shall each ensure that all components of a fall-protection system are compatible with one another, the work environment and the type of work being done.
2010-159
Inspections of personal fall-protection system components
50.5(1)An employer and an employee shall each ensure that each component of a personal fall-protection system is inspected as follows to determine whether there are any defective or inadequate components:
(a) by the employee prior to each use; and
(b) periodically as recommended by the manufacturer’s specifications.
50.5(2)If the inspection reveals a defect or inadequacy, no one shall use the personal fall-protection system and no employer or contractor shall permit its use until the defect or inadequacy has been eliminated.
2010-159
Water Safety Equipment
Water and other liquid safety
51(1)The following definitions apply in this section.
“automatically inflatable personal flotation device” means a device that provides buoyancy through an automatic inflation mechanism with an oral inflation system as a back-up and when worn correctly supports a conscious employee in an upright or backward leaning position, but is not designed to turn an employee from a face-down to a face-up position in the water;(vêtement de flottaison individuel auto-gonflable)
“life jacket” means an inherently buoyant device that when worn correctly supports a conscious or unconscious employee in an upright or backward leaning position and is designed to turn an employee from a face-down to a face-up position in the water;(gilet de sauvetage)
“personal flotation device” means an inherently buoyant device that when worn correctly supports a conscious employee in an upright or backward leaning position, but is not designed to turn an employee from a face-down to a face-up position in the water, and includes devices that are designed to protect an employee against hypothermia.(vêtement de flottaison individuel)
51(2)If an employee is exposed to a risk of drowning, an owner of a place of employment, an employer and a contractor shall each ensure the employee uses one of the following:
(a) a fall-protection system;
(b) a life jacket that conforms to CGSB standard CAN/CGSB-65.7-M88, “Life Jackets, Inherently Buoyant Type”;
(c) a personal flotation device that conforms to CGSB standard CAN/CGSB-65.11-M88, “Personal Flotation Devices”;
(d) an automatically inflatable personal flotation device that meets UL1180-95, “Fully Inflatable Recreational Personal Flotation Devices”; or
(e) a personal safety net that conforms to the requirements of section 49.8.
51(3)The shell of a life jacket or flotation device referred to in paragraphs (2)(b) to (d) shall be bright yellow, orange or red and have retro-reflective material fitted on surfaces normally above the surface of the water.
51(4)Despite subsection (2), an employee shall wear a life jacket when
(a) working alone, or
(b) there are insufficient resources to provide a quick and effective rescue.
51(5)An employer and a contractor shall each ensure that an employee wears a life jacket or flotation device referred to in paragraphs (2)(b) to (d) when being transported in a boat.
51(6)If an employee works on ice and the water under the ice is more than 1 m in depth, an employer and a contractor shall each test the ice before beginning any work and after as necessary to ensure that the ice will support any load placed on it.
51(7)If an automatically inflatable personal flotation device is used, the employer and the employee shall each ensure that
(a) the device is inspected and maintained by a competent person in accordance with the manufacturer’s specifications, and
(b) the date and details of the inspection and maintenance are recorded.
51(8)If an employee may fall into water or any other liquid and may require assistance to return to a place of safety, an employer and contractor shall each ensure that a copy of emergency procedures is posted at the place of employment, and which copy shall contain
(a) a full description of the emergency procedures, including the responsibilities of all employees granted access to the place of employment; and
(b) the location of any emergency equipment and the name of the employee designated to operate the equipment.
51(9)Emergency procedures shall include the following, as applicable:
(a) with regards to water or another liquid,
(i) its temperature,
(ii) its depth, and
(iii) its flow;
(b) any water traffic;
(c) the distance to the rescue boat;
(d) the distance to reach an employee;
(e) any projections or objects beneath the surface;
(f) any visibility issues;
(g) the time of day; and
(h) any adverse weather conditions.
51(10)If an employee may fall into water or any other liquid and may require assistance to return to a place of safety, an employer and contractor shall each ensure that
(a) appropriate emergency equipment is ready to be used,
(b) a person who is competent to operate the emergency equipment is readily available to provide assistance, and
(c) an alarm system is provided to signal the need for a rescue.
51(11)An employer and a contractor shall each ensure that an employee wears a life jacket or a personal flotation device when participating in a rescue.
51(12)If an employer or contractor provides a boat for use in an emergency, the employer or contractor shall ensure
(a) that the rescue boat is equipped with a life ring or buoy that is attached to 30 m of rope and a boat hook, and
(b) that the rescue boat is motorized if the water is likely to be rough or swift.
97-121; 2001-33; 2010-159
VII.1
EQUIPMENT FOR FIREFIGHTERS
97-121
Exemption - underground mine
51.1(1)This Part does not apply to an underground mine.
Inconsistency with other provisions
51.1(2)Where there is a conflict between a provision in this Part and a provision in any other Part, the provision in this Part prevails to the extent of the inconsistency.
Reference to NFPA
51.1(3)In this Part, all references to standards prefaced by “NFPA” are references to standards established by the National Fire Protection Association of Quincy, Massachusetts.
97-121
Protective Headwear
97-121
Protective headwear
51.2(1)When engaged in structural fire-fighting, a firefighter shall use protective headwear that meets or exceeds NFPA 1972, “Standard on Helmets for Structural Fire Fighting”, 1992 edition.
51.2(2)An employer shall ensure that attachments to and on the protective headwear referred to in subsection (1) are made only in the manner specified by the manufacturers of the headwear.
97-121
Protective Footwear
97-121
Protective footwear
51.3When engaged in structural fire-fighting or rescue, a firefighter shall use protective footwear that
(a) meets or exceeds NFPA 1974, “Standard on Protective Footwear for Structural Fire Fighting”, 1992 edition or the standard for Grade 1 footwear, with sole puncture protection and electric shock resistant soles, in CSA standard CAN/CSA Z195-M92, “Protective Footwear”,
(b) is water resistant for at least 12.7 cm above the bottom of the heel, and
(c) has a slip-resistant outer sole.
97-121
Protective Handwear
97-121
Protective handwear
51.4When engaged in structural fire-fighting, a firefighter shall wear protective handwear that meets or exceeds NFPA 1973, “Standard on Gloves for Structural Fire Fighting”, 1993 edition.
97-121
Protective Coat and Trousers
97-121
Protective coat and trousers
51.5When engaged in structural fire-fighting, a firefighter shall wear a protective coat and trousers that
(a) meet or exceed NFPA 1971, “Standard on Protective Clothing for Structural Fire Fighting”, 1991 edition or CGSB standard CAN155.1-M88 (as amended Nov 90), “Fire Fighter’s Protective Clothing for Protection Against Heat and Flame”, and
(b) fit properly in sleeve length, coat length, chest girth, waist girth, trouser inseam length and crotch rise so as to minimize inefficient operations and unsafe situations resulting from the interference of one piece of clothing or equipment with another.
97-121
Respiratory Protective Equipment
97-121
Respiratory protective equipment
51.6(1)A firefighter who may be exposed to an oxygen deficient atmosphere or to harmful concentrations of air contaminants when engaged in structural fire-fighting or rescue shall wear positive-pressure self-contained respiratory protective equipment that meets or exceeds NFPA 1981, “Standard on Open-Circuit Self-Contained Breathing Apparatus for Fire Fighters”, 1992 edition, together with a protective hood that meets or exceeds the requirements in Chapter 6-1 of NFPA 1971, “Standard for Protective Clothing for Structural Fire Fighting”, 1991 edition.
51.6(2)An employer shall ensure that a firefighter who is wearing self-contained respiratory protective equipment when engaged in structural fire-fighting or rescue is accompanied by another firefighter similarly equipped and having the same air capacity.
51.6(3)An employer shall ensure that the compressed breathing air used in self-contained respiratory protective equipment required under subsection (1) meets or exceeds CSA standard CAN3-Z180.1-M85, “Compressed Breathing Air and Systems”.
51.6(4)An employer shall ensure that self-contained respiratory protective equipment used by a firefighter when engaged in structural fire-fighting or rescue is equipped with a personal distress alarm device that meets or exceeds NFPA 1982, “Standard on Personal Alert Safety Systems (PASS) for Fire Fighters”, 1993 edition.
51.6(5)An employer shall ensure that CSA standard CAN/CSA Z94.4-93, “Selection, Use, and Care of Respirators” is followed concerning
(a) the training of users of self-contained respiratory protective equipment, and
(b) the use, maintenance and testing of respiratory protective equipment.
97-121
Body Harnesses and Safety Ropes
97-121
Body harnesses and safety ropes
51.7(1)In this section, “confined space” means a confined space as defined in section 262.
51.7(2)A firefighter entering a confined space for the purposes of rescue shall wear a body harness that meets or exceeds NFPA 1983, “Standard on Fire Service Life Safety Rope and System Components”, 1995 edition and self-contained respiratory protective equipment that meets or exceeds NFPA 1981, “Standard on Open-Circuit Self-Contained Breathing Apparatus for Fire Fighters”, 1992 edition.
97-121
Body harnesses and safety ropes
51.8(1)An employer shall ensure that ropes and associated body harnesses and hardware used by a firefighter for structural fire-fighting or rescue purposes meets or exceeds NFPA 1983, “Standard on Fire Service Life Safety Rope and System Components”, 1995 edition.
51.8(2)When working from an aerial device, a firefighter engaged in structural fire-fighting or rescue shall use a body harness that meets or exceeds NFPA 1983, “Standard on Fire Service Life Safety Rope and System Components”, 1995 edition.
51.8(3)In this section, “aerial device” means an aerial device as defined in subsection 51.92(2).
97-121; 2010-159
51.9An employer shall ensure that a body harness that has been subjected to use is removed from service and is inspected by a competent person before being returned to service.
97-121
Portable Ladders
97-121
Portable ladders
51.91Where a portable ground ladder is used for structural fire-fighting, an employer shall ensure that it meets or exceeds NFPA 1931, “Standard on Design of and Design Verification Tests for Fire Department Ground” Ladders, 1994 edition, and is used, maintained and tested in accordance with NFPA 1932, “Standard on Use, Maintenance and Service Testing of Fire Department Ground Ladders”, 1994 edition.
97-121
Aerial Devices
97-121; 2010-159
Aerial devices
51.92(1)Where an aerial device is used for structural fire-fighting, an employer shall ensure that it
(a) meets or exceeds NFPA 1904, “Standard for Testing Fire Department Aerial Devices”, 1991 edition or Underwriters’ Laboratories of Canada standard CAN/ULC - S515 - M88, “Standard for Automobile Fire Fighting Apparatus”, or
(b) is certified in writing by an engineer as being safe to elevate personnel to a work site above ground when used for structural fire-fighting purposes.
51.92(2)In this section, “aerial device” includes an aerial bucket, aerial ladder, elevating platform, aerial ladder platform or water tower that is designed to position personnel, handle materials, provide egress or discharge water, as the case may be.
97-121; 2010-159
Industrial Firefighters
97-121
Industrial firefighters
51.93(1)Where an employer establishes an internal fire-fighting procedure at an industrial or commercial place of employment, the employer shall ensure that industrial firefighters designated to take part in the fire-fighting procedure have received adequate training.
51.93(2)An employer shall ensure that industrial firefighters do not engage in structural fire-fighting beyond the incipient stages unless wearing and using the protective equipment required under this Part.
51.93(3)An industrial firefighter shall not engage in structural fire-fighting beyond the incipient stages unless wearing and using the protective equipment required under this Part.
51.93(4)An employer shall ensure that beyond the incipient stages of a fire, fire-fighting by industrial firefighters conforms to NFPA 600, “Standard on Industrial Fire Brigades”, 1996 edition.
97-121
Transitional provision for protective equipment
97-121
Transitional provision for protective equipment
51.94(1)This section applies to protective equipment purchased or provided by an employer for use by a firefighter when engaged in structural fire-fighting or rescue, as the case may be, and specified in subsection (2), if the equipment was purchased or provided before the commencement of this section.
51.94(2)Where in a provision specified below, a firefighter is required to use protective equipment of the type specified below, the standard or standards cited in that provision shall be read, with respect to the protective equipment to which this section applies, as follows:
(a) in subsection 52.1(1) with respect to the use of protective headwear - NFPA 1972, “Standard for Helmets for Structural Fire Fighting”, 1985 edition;
(b) in paragraph 51.3(a) with respect to the use of protective footwear - NFPA 1974, “Standard on Protective Footwear for Structural Fire Fighting”, 1986 edition or the standard for Grade 1 footwear, with sole puncture protection and electric shock resistant soles in CSA standard Z195-M1984, “Protective Footwear”;
(c) in section 51.4 with respect to the use of protective handwear - NFPA 1973, “Standard on Gloves for Structural Fire Fighters”, 1988 edition;
(d) in paragraph 51.5(a) with respect to the use of protective coat and trousers - NFPA 1971, “Standard on Protective Clothing for Structural Fire Fighting”, 1986 edition or CGSB standard CAN155.1-M-88, “Fire Fighter’s Protective Clothing Against Heat and Flame”;
(e) in subsection 51.6(4) with respect to the use of a personal distress alarm device - NFPA 1982, “Standard on Personal Alert Safety Systems (PASS) for Fire Fighters”, 1988 edition;
(f) in subsections 51.7(2) and 51.8(2) with respect to the use of body harnesses - NFPA 1983, “Standard on Fire Service Life Ropes, Harnesses and Hardware”,1985 edition;
(g) in subsection 51.8(1) with respect to the use of ropes and associated body harnesses and hardware - NFPA 1983, “Standard on Fire Service Life Safety Ropes, Harnesses and Hardware”,1985 edition.
97-121
Additional Requirements
97-121
Supplies required for fire truck
51.95An employer shall ensure that each fire truck is equipped with two portable hand lights, each of which is powered with at least a six volt battery.
Jewellery not to be worn
51.96When engaged in structural fire-fighting, a firefighter shall not wear any jewellery.
97-121; 98-78
VIII
HANDLING AND STORAGE
OF MATERIALS
General Handling of Objects and Material
Equipment and training
52Where the health or safety of an employee handling an object or material may be endangered, an employer shall ensure that
(a) adequate and appropriate equipment is provided to the employee and is used by the employee for lifting and moving the object or material, and
(b) the employee is instructed as to the appropriate method of lifting and moving objects and material.
Heavy Objects
Heavy objects on inclines or rollers
53(1)Where a heavy object is handled on an incline, an employer shall ensure that an employee handling the object uses, and the employee handling the object shall use, chocks and ropes or other tackle to control the motion of the object, and both shall ensure that other employees do not stand on the downward side of the incline.
53(2)Where a heavy object is moved by using rollers, an employer shall ensure that an employee moving the object uses, and the employee moving the object shall use, bars or sledges to change the direction of the moving rollers.
Bulk Material in Bins, Hoppers and Process Vessels
Bulk material in bin, hopper or process vessel
54An employer shall ensure that a bin, hopper or process vessel used to store bulk material
(a) is designed and built for removal of the material from the bottom,
(b) if the material is highly combustible, is provided with a lid and an adequate ventilation system and is fire-resistive, and
(c) where appropriate, is provided on the outside with stairways or fixed ladders with platforms and guardrails.
Bulk material in bin, hopper or process vessel
55(1)An employer shall establish a code of practice for the safe breaking up of clogs in bulk material stored in a bin, hopper or process vessel and shall ensure that a copy of the code of practice is readily available near the bin, hopper or process vessel.
55(2)Where an employee is required to enter a bin, hopper or process vessel used to store bulk material, an employer shall ensure that the provisions of Part XVII are complied with.
Stockpiled Bulk Material
Stockpiled bulk material
56(1)An employer shall ensure that unconsolidated bulk material that is stockpiled is
(a) regularly inspected for hazardous conditions, and
(b) found to be in a safe condition before an employee is permitted to work close to or on top of the pile.
56(2)Where unconsolidated bulk material is stockpiled and removed by means of powered mobile equipment, an employer shall ensure that
(a) the working face of the unconsolidated bulk material is sloped at an angle of repose, or
(b) the vertical height of the working face of the unconsolidated bulk material is not more than 1.5 m above the maximum reach of the equipment.
56(3)Where the face of unconsolidated bulk material that is stockpiled is undermined by means of powered mobile equipment, an employer and any employee who undermines the material shall each ensure that the undermining
(a) is restricted to the depth of the bucket of the powered mobile equipment, and
(b) is permitted only when the approach by the operator of the powered mobile equipment is at a ninety degree angle to the face of the material.
Piled Solid Material
Piled solid material
57(1)An employer shall ensure that piled solid material is
(a) located so as not to interfere with
(i) illumination,
(ii) ventilation,
(iii) means of access and egress,
(iv) passageways or traffic lanes,
(v) the operation of machines,
(vi) sprinklers and fire fighting equipment, or
(vii) electrical panels or energized electrical lines;
(b) located on a firm foundation strong enough to support the load;
(c) located so that the pile is not resting against a partition or wall of a building unless the partition or wall is strong enough to support the load;
(d) subject to subsection (2), stacked in a manner to make it stable; and
(e) protected from conditions that may damage the structural integrity of any container used to store the material.
57(2)An employer shall ensure that pipe and bar stock is stacked
(a) on storage racks, or
(b) where storage racks are not practical,
(i) in layers resting on wood strips with stop bars fixed on the ends, or
(ii) on metal bars with upturned ends,
so that the storage or withdrawal of the stock does not create a hazard.
Hazardous Substances
Designation of employee for handling and storage of hazardous substances
58An employer shall designate one or more competent employees to be responsible for the proper handling and storage of hazardous substances.
Training of employee for handling and storage of hazardous substances
59An employer shall ensure that an employee involved in the handling, use, storage or disposal of a hazardous substance
(a) is trained in the safe handling, use, storage and disposal of the substance, and
(b) is provided with adequate information concerning the identity, nature and potential hazards of the substance.
Containers used for hazardous substances - requirements
60An employer shall ensure that a container used for a hazardous substance is
(a) clearly labelled
(i) to identify the substance contained, and
(ii) to provide information for the immediate safe handling of the substance,
(b) appropriate to the substance contained,
(c) of such material, design, construction and condition as to ensure containment of the contents,
(d) kept sealed or covered unless otherwise specified by the supplier, and
(e) is stored in accordance with the specifications of the supplier.
Information on precautions for handling hazardous substances
61An employer shall ensure that the precautions to be taken in the handling, use, storage and disposal of a hazardous substance are available on the container or on a separate information sheet kept near the container.
Containers for liquid hazardous substances
62An employer shall ensure that a container used for storing a liquid hazardous substance
(a) is supported so that any leakage from the container is noticeable,
(b) is placed on a foundation which resists the reaction of the contents of the container or the contents of other containers,
(c) is provided with overflow pipes which discharge into a safe area,
(d) is surrounded with pits, catch basins or depressions of sufficient size to hold the entire contents of the largest container in the event of a rupture,
(e) is covered with a protective coating to prevent corrosion if not made of non-corrodible material,
(f) is provided with a means of safe access for employees who perform inspection and maintenance duties with respect to the container, and
(g) is not placed above a passageway.
Where container for liquid hazardous substance in a pit
63(1)Where a container used for storing a liquid hazardous substance is located in a pit below ground level, an employer shall ensure that
(a) the pit
(i) is constructed of concrete, masonry or other impervious material,
(ii) has sufficient space between the walls and the tanks to permit the passage of a person, and
(iii) is kept free of water; and
(b) the container
(i) is provided with a cover and a means of safe access for employees who perform inspection and maintenance duties in respect of the container, and
(ii) is mounted at least 400 mm above the floor of the pit.
63(2)An employer shall ensure that the control valve on a container referred to in subsection (1) is
(a) situated or designed so that it can be turned without any employee entering the pit, and
(b) provided with a locking device operated from outside the pit.
Cleaning of containers that held a liquid hazardous substance
64An employer shall ensure that a container that has contained or is suspected to have contained a liquid hazardous substance is adequately cleaned unless rendered unusable.
Carboys
65(1)In this section
“carboy” means a bottle or rectangular container for liquids of at least 20 litres capacity and made of glass, plastic or metal.
65(2)An employer shall ensure that a carboy containing a liquid hazardous substance is
(a) individually encased in baskets or boxes cushioned with noncombustible packing,
(b) stored in a separate storage area or building with concrete floors having anti-acid protection or with brick floors that are properly drained to catch basins,
(c) not piled on top of another carboy,
(d) placed in a suitable storage rack or on wooden strips laid on the floor,
(e) not subjected to dampness, extreme heat or sudden changes in temperature,
(f) transported to and from the storage area by equipment designed for the purpose, and
(g) emptied with the use of equipment designed for the purpose.
65(3)An employer shall ensure that a carboy is examined and found to be in good condition before being filled with a liquid hazardous substance.
Storage of hazardous substance and safety data sheet
66An employer shall ensure that a hazardous substance is stored so as to protect the health and safety of employees, using information available on a safety data sheet or obtained from the supplier or another reliable source.
2016-7
When separate storage of hazardous substances required
67An employer shall ensure that a substance that may react with other substances to cause a fire or explosion or to liberate a flammable or toxic gas or to create any other hazardous condition is stored separately from such other substances.
Piping and apparatus for hazardous substances
68An employer shall ensure that piping and apparatus for a hazardous substance is
(a) appropriate for the substance contained,
(b) maintained in safe operating condition and regularly inspected, and
(c) properly identified to indicate the nature of the material contained, direction of flow and other information necessary to the safe operation of that system.
General employer responsibilities for hazardous substances
69An employer shall ensure that
(a) only working quantities of hazardous substances are kept in areas where employees are working,
(b) emergency equipment appropriate for use in the event of escape of a hazardous substance is readily available,
(c) any spillage of a hazardous substance is immediately and adequately cleaned up, and
(d) a hazardous substance is disposed of so that it will not create a hazard to the health or safety of employees.
Storage Batteries
Storage batteries
70(1)An employer shall ensure that storage batteries that discharge flammable gases are electrically charged only in rooms or areas designed for that purpose.
70(2)An employer shall ensure that the room or area referred to in subsection (1)
(a) is adequately ventilated to prevent the accumulation of flammable gases,
(b) is free from all sources of ignition,
(c) is marked at the entrance with a notice prohibiting smoking or open flames,
(d) has a floor of non-sparking material with adequate drainage,
(e) when storage batteries are mounted in trays or on racks, has level trays or racks constructed or covered with non-sparking material and of sufficient strength to carry the weight of the batteries,
(f) has a sufficient supply of fresh water for flushing and neutralizing spilled or splashed electrolyte,
(g) has wiring and equipment that comply with sections 26-540 to 26-554 of CSA standard C22.1-98, “Canadian Electrical Code - Part I”,
(h) has equipment of adequate capacity if equipment is used for hoisting or handling batteries, and
(i) is not used for general storage.
70(3)An employer shall ensure that the floor in a storage battery room or area is washed promptly when electrolyte is spilled.
2001-33
Storage batteries
71(1)An employer shall ensure that only a competent person changes or charges a storage battery.
71(2)An employer shall provide acid resistive gloves, aprons, goggles or face shields and straps for carrying storage batteries to an employee handling storage batteries or electrolyte and shall ensure that the employee handling storage batteries or electrolyte uses the protective equipment provided.
71(3)An employee shall use the protective equipment referred to in subsection (2) when handling storage batteries or electrolyte.
Storage batteries
72An employer shall ensure that
(a) a storage battery is kept free from dust,
(b) a storage battery in use is adequately secured,
(c) when a storage battery is of no further use, it is disposed of in a manner that prevents spillage of electrolyte, and
(d) ventilation openings in a storage battery are kept clear.
Storage batteries
73An employee shall
(a) when diluting concentrated sulphuric acid for a storage battery, add the acid to the distilled water, and
(b) keep the charging rate of storage batteries at a rate that will prevent the too rapid generation of hydrogen in the battery.
97-121
Portable Compressed Gas Containers
Portable compressed gas containers
74An employer shall ensure that a portable compressed gas container for medical use is colour-marked in accordance with the Compressed Gas Association standard CGA C-9-1988 (third edition), “Standard Color Marking of Compressed Gas Containers Intended for Medical Use”.
2001-33
Portable compressed gas containers
75(1)An employer shall ensure that a portable compressed gas container is used, stored and handled so as not to endanger an employee’s health or safety.
75(2)In complying with subsection (1), an employer shall use as a guide
(a) information on a safety data sheet,
(b) the specifications provided by the supplier, and
(c) the safe handling rules in CGA G-P-1-1991, “Safe Handling of Compressed Gases in Containers”.
75(3)An employer shall ensure that the use, storage and handling of a portable compressed gas container used for welding and cutting complies with CSA standard W117.2-94, “Safety in Welding, Cutting, and Allied Processes”.
2001-33; 2016-7
Portable compressed gas containers
76(1)An employer shall ensure that a portable compressed gas container is stored
(a) in a well ventilated and dry storage area where the temperature does not exceed 52 °C,
(b) with containers grouped by types of gas and the groups arranged to take into account the gases contained,
(c) with full and empty containers in separate areas, and
(d) secure and upright.
76(2)An employer and an employee shall each ensure that a portable compressed gas container
(a) is not stored near readily ignitable substances,
(b) is kept at a safe distance from all operations that produce flames, sparks or molten metal or result in excessive heating of the container,
(c) is not exposed to corrosive materials or corrosion-aiding substances, and
(d) is protected from falling and from having heavy objects fall on it.
76(3)An employer shall ensure that a storage area for portable compressed gas containers is prominently posted with the name of the gases stored and with signs prohibiting smoking.
Portable compressed gas containers
77(1)An employer shall ensure that a portable compressed gas container is not
(a) rolled on its side, dragged, slid or subjected to rough handling, or
(b) moved by a lifting magnet.
77(2)Where appropriate lifting mechanisms have not been provided on a portable compressed gas container, an employer shall ensure that suitable cradles or platforms for holding the container are used for lifting.
Portable compressed gas containers
78(1)An employer and an employee shall each ensure that regulators, automatic reducing valves, gauges, hoses and other appliances provided for use with a particular gas or group of gases are not used on a portable compressed gas container containing a gas having different chemical properties unless information obtained from the supplier of the portable compressed gas container states that this can be safely done.
78(2)An employer shall ensure that
(a) connections on a portable compressed gas container to piping, regulators and other appliances are kept tight to prevent leakage,
(b) connections to a portable compressed gas container that do not fit are not forced,
(c) the valves on a portable compressed gas container are kept closed at all times whether the container is charged or empty, except when
(i) gas is flowing from the container,
(ii) the gas in the container is maintaining pressure in a supply line, or
(iii) the container is on stand-by during and between operations using the gas, and
(d) check valves for a portable compressed gas container are installed as close as possible to fuel gas and oxygen regulators.
Portable compressed gas containers
79(1)An employer shall ensure that hose lines for conveying flammable gas or oxygen from supply piping or cylinders to torches have threads designed in accordance with the ANSI and CGA standard ANSI/CGA V-1-1994, “Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections”.
79(2)An employer and employee shall each ensure that hose lines for conveying flammable gas or oxygen from supply piping or cylinders to torches are spliced if necessary in accordance with CGA G-P-1-1991, “Safe Handling of Compressed Gases in Containers”.
2001-33
IX
TOOLS
General Duties of an Owner
General duties of owner
80An owner of a tool shall ensure that the tool
(a) is of good quality material appropriate for its intended use,
(b) is inspected before being used and repaired or replaced if necessary,
(c) is maintained in proper working condition,
(d) is tempered, dressed and repaired only by a competent person,
(e) where necessary, is equipped with devices to ensure a secure hand grip,
(f) is of a non-sparking type where there is risk of an explosive atmosphere being ignited by a spark, and
(g) is kept in a proper storage place when not in use.
General Duties of an Employer
General duties of employer
81An employer shall ensure that
(a) employees are competent in the safe handling and use of tools,
(b) employees are instructed to use tools only for the specific purposes for which they are designed, and
(c) procedures are implemented for safely supplying tools and materials to employees located in hazardous places.
General Duties of a User of a Tool
General duties of user
82(1)An employee who uses a tool shall use, handle and carry the tool in a safe manner.
82(2)Without limiting the duties under subsection (1), an employee who uses a tool shall
(a) inspect the tool before use,
(b) not use a defective tool,
(c) report the existence of a defective tool to the employer,
(d) where competent to do so, maintain the tool in proper working condition,
(e) use the tool only for the specific purpose for which it is designed,
(f) place the tool in a safe and appropriate container or place when not in use,
(g) not leave tools on floors, passageways, stairways or elevations from which they might fall,
(h) use a holding device to hold a tool that is to be struck by another employee, and
(i) not point at any person a tool that ejects pins, nails or any other projectile.
Portable Power-Operated Hand Tools
Portable power-operated hand tools
83An employer shall ensure that
(a) a portable power-operated hand tool is cleaned with a nonflammable, non-toxic solvent or according to the manufacturer’s specifications,
(b) an electric portable power-operated hand tool
(i) is double insulated or bonded to ground or where it is not double insulated and it is not practical to bond to ground, is equipped with a double insulated portable ground fault circuit interrupter of the class A type, and
(ii) is tested for the effectiveness of the double insulation or bonding to ground before each use by a continuity tester or ground fault circuit interrupter,
(c) fittings and couplings appropriate for the intended use and meeting the manufacturer’s specifications are used on all hydraulic, pneumatic, chemical and electrical lines and hoses for a portable power-operated hand tool, and
(d) a shut-off that is readily accessible to the user of the tool is installed on all hydraulic, pneumatic, chemical and electrical lines and hoses for a portable power-operated hand tool.
Portable power-operated hand tools
84(1)An employer shall ensure that hydraulic, pneumatic, chemical and electrical lines and hoses for portable power-operated hand tools are not run across aisles, travelways or work areas so as to create a hazard to employees.
84(2)An employee shall not run the hydraulic, pneumatic, chemical and electric lines and hoses for portable power-operated hand tools across aisles, travelways or work areas so as to create a hazard to other employees.
84(3)This section does not apply where a firefighter is engaged in structural fire-fighting or rescue.
97-121
Portable power-operated hand tools
85An employee who uses a portable power-operated hand tool shall
(a) keep guards on the tool in place while using it,
(b) disconnect the source of power before changing accessories on the tool, and
(c) where the tool has a flexible shaft, hold the end of the tool firmly when starting its motor to prevent whipping.
Chain saw, brush saw or clearing saw
86(1)An employee who uses a chain saw, brush saw or clearing saw other than in a logging operation, silviculture operation or arboricultural operation shall comply with the requirements of sections 347, 349, 350 and 352.
86(1.1)Notwithstanding subsection (1), a firefighter engaged in structural fire-fighting or rescue is exempt from the requirements of section 347 and paragraphs 349(a), (e), (h) and (i).
86(2)Where an employee uses a chain saw, brush saw or clearing saw other than in a logging operation, silviculture operation or arboricultural operation, the employer shall comply with the requirements of sections 346 and 351.
86(2.1)Notwithstanding subsection (2), where a firefighter is engaged in structural fire-fighting or rescue, the employer is exempt from the requirements of section 346.
86(3)An owner of a chain saw used other than in a logging operation, silviculture operation or arboricultural operation shall comply with the requirements of section 348.
97-121
Powder Actuated Tools
Powder actuated tools
87An owner of a powder actuated tool shall ensure that
(a) the tool, power load and fastener meet the requirements of ANSI standard ANSI A10.3-1995, “American National Standard for Construction and Demolition Operations - Safety Requirements for Powder-Actuated Fastening Systems”,
(b) the tool is legibly and durably marked to show the manufacturer’s name or trademark and the model and serial number,
(c) guards for the tool are legibly and durably marked to show the manufacturer’s name or trademark,
(d) the powder load of each cartridge for the tool is clearly identified,
(e) boxes of fasteners for the tool are legibly and durably marked to show the manufacturer’s name or trademark and the type or size of fastener, and
(f) the tool has a storage container at the place of employment.
2001-33
Powder actuated tools
88An employer shall ensure that
(a) no employee operates a powder actuated tool unless the employee
(i) has been trained in the use of the specific make and model of the tool to be used and is in possession of a valid operator’s certificate,
(ii) is competent to use the tool, and
(iii) is authorized to use the tool, and
(b) all powder actuated tools and their explosive charges are kept in a storage area that is accessible only to persons who are authorized to handle them.
Powder actuated tools
89An employee who uses a powder actuated tool shall
(a) inspect the tool thoroughly before using it, paying particular attention to the cleanliness of the chamber and barrel;
(b) load the tool only after inspection reveals that the breech and barrel are free of foreign matter and only to prepare the tool for immediate use;
(c) use only cartridges and fasteners designed for the tool;
(d) select cartridges of sufficient power to perform the work without the application of excessive force;
(e) not use the tool in the presence of flammable or explosive substances;
(f) not fire a fastener
(i) through an existing hole unless the tool is specifically equipped by the manufacturer for accurate alignment of the barrel with the hole,
(ii) into cast iron, glazed brick or tile, marble, granite, slate, glass or any other unusually hard or brittle material,
(iii) into a steel surface that is of greater hardness than the fastener being used,
(iv) with a high velocity tool into a hollow concrete block, and
(v) until the work area has been checked for employees working in proximity to where the fastener is going to be fired;
(g) when the hardness of a surface is not known, use a hand hammer to drive the point of the fastener into the material and not use the tool on that surface if the fastener does not penetrate the surface;
(h) if a misfire occurs, continue to hold the tool in a firing position for not less than fifteen seconds and then, until the cartridge has been ejected, keep the tool pointed in a direction which will not cause injury to the user or others;
(i) wear suitable eye protective equipment of the close fitting eyecup or cover-goggle type;
(j) return unused cartridges to a proper storage box; and
(k) operate it in accordance with the manufacturer’s specifications.
97-121
X
CONSTRUCTION, TRAFFIC AND
BUILDING SAFETY
2001-33
Construction Work in Compressed Air
Construction work in compressed air
90An employer and a contractor shall each ensure that construction in compressed air complies with CSA standard CAN/ CSA-Z275.3 M-86, “Occupational Safety Code for Construction Work in Compressed Air”.
Traffic Safety
When signallers required
91(1)Where construction is being carried out in an area where an employee’s safety may be endangered by vehicular traffic, an employer shall provide competent signalers to control the flow of traffic.
91(2)An employer shall provide and all signalers shall wear a reflectorized vest or jacket when controlling the flow of traffic.
91(3)An employer shall provide and all signalers shall use reflectorized paddles to control the flow of traffic.
Construction on highway or bridge
92(1)Where construction is being carried out on a highway or bridge and an employee’s safety may be endangered by vehicular traffic, an employer shall ensure that
(a) concrete barriers or material offering equivalent protection is erected at both ends of the construction and as a divider between the traffic and the work area of the highway or bridge, and
(b) appropriate lane control devices and flashing lights or flares are used.
92(2)Paragraph (1)(a) does not apply where the highway or bridge is being paved.
Material along excavation or trench and vehicular traffic
93(1)Where material is piled along the sides of any excavation or trench and interferes with the flow of vehicular traffic, an employer shall ensure that the material is adequately illuminated by warning lights or reflective materials.
93(2)Where work is being carried out and interferes with the flow of vehicular traffic, an employer shall ensure that adequate warning signs are posted in both directions as indicated in the following table and at any intersection between the warning sign and the work area:
Posted speed (km/hr)
Distance of Warning
Sign from Work Area (m)
  0 - 25
  25 -   100
26 - 50
101 -   250
51 - 80
251 -   500
over 80
501 - 1000
2001-33
Curbing for truck platform scale
93.1Where a truck platform scale is elevated from the adjacent terrain, an employer shall ensure that a curbing having a minimum height of 250 mm and of sufficient design to safely guide the truck wheels onto the scale is installed and maintained on each side of the scale.
2001-33
Repealed
94Repealed: 2001-33
2001-33
Formwork and Shoring
96-61
Formwork and shoring
94.1(1)In this section
“form” means the mould into which concrete is poured;(moule)
“formwork” means a system of forms connected together;(coffrage)
“shoring” means the structural supports and bracing used to support all or part of a form.(étançons)
94.1(2)An employer shall ensure that formwork and shoring are designed by an engineer and are erected in accordance with design drawings prepared by the engineer.
94.1(3)An employer shall ensure that the design drawings referred to in subsection (2)
(a) identify the components, if manufactured formwork and shoring are used,
(b) show the size, grade and specifications of materials to be used, if the formwork and shoring are to be constructed on the project site,
(c) show the design loads for the formwork and shoring and detail the bracing and external ties required to adequately support the design loads,
(d) show the attachment points for rigging and hoisting, if the formwork and shoring are to be moved as a unit,
(e) set out the erection instructions specified by the manufacturer or the engineer,
(f) indicate the method, the sequence and the rate of pouring concrete, and
(g) bear the signature and seal of the engineer.
94.1(4)An employer shall ensure that the design drawings referred to in subsection (2)
(a) are kept on the project site, and
(b) are made available to an officer on request.
94.1(5)An employer shall ensure that the formwork and shoring are erected, supported and braced so that they are capable of withstanding all loads and forces likely to be applied to them
(a) without exceeding the allowable working loads established for any component of the structure, and
(b) without causing uplifting, sliding, overturning or lateral displacement of the system.
94.1(6)The allowable working loads referred to in paragraph (5)(a) shall be established by an engineer in accordance with good engineering practice.
94.1(7)An employer shall ensure, before concrete is poured,
(a) that the formwork and shoring are inspected by an engineer, or a competent person designated by the employer, and
(b) that the engineer, or the competent person designated by the employer, as the case may be, authorizes the pour in writing.
94.1(8)An employer shall ensure that the written authorization referred to in paragraph (7)(b)
(a) is kept on the project site, and
(b) is made available to an officer on request.
94.1(9)An employer shall ensure that the formwork and shoring are not removed unless
(a) the concrete is strong enough to support itself and any loads that may be applied to it, or
(b) the concrete is adequately reshored.
94.1(10)Where concrete is reshored under paragraph (9)(b), subsections (2), (3), (4), (5) and (6) apply, with the necessary modifications, to the reshoring.
94.1(11)Subsections (2), (3), (4), (5), (6), (7), (8), (9) and (10) do not apply where formwork and shoring are used no more than 3 m above the ground level.
94.1(12)Where formwork and shoring are used no more than 3 m above the ground level, an employer shall ensure that the formwork and shoring are erected, supported and braced so that they are capable of withstanding all loads and forces likely to be applied to them.
96-61; 97-121
Structural Framework
96-61
Structural framework
94.2(1)Where structural framework is being erected using structural steel or precast concrete, an employer shall ensure
(a) that drawings for the erection of the structural framework are prepared,
(b) that an engineer
(i) certifies the drawings referred to in paragraph (a), and
(ii) establishes safe procedures for ensuring the stability of the structural framework, and
(c) that a competent person, designated by the employer to supervise the erection of the structural framework,
(i) establishes the sequence for erecting the structural framework,
(ii) ensures the stability of the structural framework during its erection, and
(iii) is present on the project site until the structural framework is stabilized.
94.2(2)If it becomes necessary to modify the procedures referred to in subparagraph (1)(b)(ii), an employer shall ensure that the procedures as modified are certified by an engineer.
94.2(3)An employer shall ensure
(a) that employees engaged in the erection of the structural framework are instructed in the procedures referred to in subparagraph (1)(b)(ii), or as modified under subsection (2), and
(b) that the procedures referred to in subparagraph (1)(b)(ii), or as modified under subsection (2), are followed.
94.2(4)An employer shall ensure that the drawings referred to in paragraph (1)(a) and the procedures referred to in subparagraph (1)(b)(ii), or as modified under subsection (2),
(a) are kept on the project site, and
(b) are made available to an officer on request.
94.2(5)Where structural framework is being erected,
(a) an employer shall ensure that all persons not engaged in the erection of the structural framework are clear of the immediate work area and have been instructed to remain clear until the structural framework is stabilized, and
(b) any person not engaged in the erection of the structural framework shall remain clear of the immediate work area until the structural framework is stabilized,
unless adequate precautions have been taken to ensure the safety of all persons in the immediate work area.
96-61
Buildings and Structures
Construction of buildings and structures
95(1)Where a building or structure is being constructed, an employer and a contractor shall each ensure that
(a) work is completed on any component designed to support or give added support to a part of the building or structure before proceeding with any work that adds to the load on that part,
(b) a free standing wall of brick, concrete blocks or similar materials is braced from both sides until the wall is attached to a rigid structure and the mortar has set adequately, and
(c) a free standing wall or structure designed to support roof components or any load is braced from both sides until the free standing wall or structure is stabilized.
95(2)Where the framework of a building or structure is erected in advance of the outer walls, an employer and a contractor shall each ensure that a fall-protection system is used at the perimeter of each floor.
2010-159
Construction of buildings and structures
96(1)Where a building or structure is being constructed, an employer and a contractor shall each ensure that bracing or shoring is retained at all floor levels beneath the floor where concrete is being poured until the removal of the bracing or shoring is authorized by an engineer.
96(2)An employer and a contractor shall each provide, if requested by an officer, certification by an engineer that the forms, bracing, shoring and supports for concrete to be used in construction will safely support the intended load.
Wooden Trusses
96-61
Wooden trusses
96.1(1)An employer shall ensure
(a) that wooden trusses are not erected unless the manufacturer’s specifications for the safe erection of the wooden trusses are readily available on the project site, and
(b) that wooden trusses are erected in accordance with the manufacturer’s specifications referred to in paragraph (a).
96.1(2)An employer shall ensure that the manufacturer’s specifications referred to in paragraph (1)(a)
(a) are kept on the project site, and
(b) are made available to an officer on request.
96-61; 2010-159
Guardrails
Guardrail materials
97(1)A guardrail shall
(a) be made of one of the following materials:
(i) if made of wood,
(A) the top rail, vertical supporting posts and intermediate rail shall be constructed of at least 50 mm × 100 mm No. 2 grade or better SPF, these measures being nominal, and
(B) shall not be painted other than by a transparent protective coating,
(ii) if made of metal pipe,
(A) the top rail and vertical supporting posts shall be at least 40 mm in diameter, and
(B) the intermediate rail shall be at least 25 mm diameter,
(iii) if made of angle iron,
(A) the top rail and vertical supporting posts shall be at least 40 mm × 40 mm by 5 mm, and
(B) the intermediate rail shall be at least 32 mm × 32 mm × 3 mm, or
(iv) if made of wire rope,
(A) the vertical supporting posts shall be made of steel of at least 40 mm in diameter or of a material of equivalent strength, and
(B) the top rail and intermediate rail shall be at least 10 mm in diameter, be attached to a welded fastening on the vertical supporting posts with metal clips to prevent unnecessary sagging and be easily distinguishable from the background; or
(b) be pre-engineered.
97(2)A guardrail shall
(a) have a height of not less than 900 mm or more than 1.07 m from the floor level,
(b) have a toeboard which
(i) is at least 127 mm high,
(ii) is fastened to the inside of the vertical supporting posts, and
(iii) has a space of not more than 6 mm between the bottom of the toeboard and the floor,
(c) have vertical supporting posts not more than 2.4 m apart along its entire length unless otherwise specified in manufacturer’s specifications, and
(d) have vertical supporting posts not more than 3 m apart along its entire length if the guardrail is used on scaffolding.
97(3)The vertical supporting posts referred to in paragraphs 2(c) and (d) shall be adequately fastened to the structure to support the loads imposed upon it.
97(4)Unless the guardrail is a pre-engineered guardrail, the top rail shall be fastened to the top or inside of the vertical supporting posts and the intermediate rail shall be fastened to the inside of the vertical supporting posts midway between the top rail and the floor level.
97(5)A guardrail shall be made of materials with sufficient strength and rigidity to support loads with the following minimums:
(a) 675 N in any direction, at any point along the top rail;
(b) 450 N in any direction, at any point along the intermediate rail; and
(c) 900 N in any direction, at any point along the top rail, intermediate rail and toeboard if the guardrail is used on a surface that is sloped more than 3 in 12 and less than 6 in 12.
2001-33; 2010-159
Repealed
98Repealed: 2010-159
2010-159
Opening for guardrail
99An owner of a place of employment, an employer and a contractor shall each ensure that an opening for passage through a guardrail is equipped with a barrier or gate that may be removed temporarily to permit passage.
2010-159
Removal and replacement of guardrails
100(1)Where a guardrail is removed in order for work to be done, an employer and a contractor shall each ensure that
(a) adequate precautions are taken to ensure the safety of the employee doing the work and any other employee, and
(b) the area is not left unguarded.
100(2)An employee who removes a guardrail in order to do work shall replace the guardrail before leaving the area.
Allowable Unit Stresses
Allowable unit stresses
101(1)An employer, a contractor and an owner of a place of employment shall each ensure that the floor, roof or other part of a building or structure that is a place of employment is not subjected to a load that exceeds the allowable unit stresses for the materials used as established in the “National Building Code of Canada, 1995”, issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada.
101(2)An employer, a contractor and an owner of a place of employment shall each provide, if requested by an officer, an engineer’s certification of the load that the floor, roof or other part of a building or structure that is a place of employment can support without exceeding the allowable unit stresses referred to in subsection (1).
2001-33
Walking Surfaces
Walking surfaces - general
102(1)An employer and a contractor shall each ensure that a surface on which an employee walks is free from structural defects, projections, openings, scrap waste, loose material, stored material, equipment or other obstructions which may create a hazard to the employee.
Walking surfaces - general
102(2)Subject to subsection (6), an employer and a contractor shall each ensure that a guardrail which meets the requirements of section 97 is provided at the open sides and open ends of
(a) a floor, mezzanine, balcony, walkway or platform,
(b) the surface of a bridge or overpass, and
(c) a concrete roof while the formwork remains in place,
to which an employee has access and from which the employee may fall a vertical distance of 1.2 m or more.
Walking surfaces - underground mine
102(3)Notwithstanding subsection (2), where a walkway or platform in an underground mine was constructed before the commencement of this section and is more than 1.5 m above the ground or floor level, an employer shall ensure that the walkway or platform is provided with handrails and toeboards in accordance with subsections (4) and (5).
Walking surfaces - underground mine
102(4)The top rail of a handrail for a walkway or platform referred to in subsection (3) shall not be less than 900 mm and not more than 1.07 m above the floor level of the walkway or platform and a second rail shall be placed at the midpoint between the top rail and the floor level of the walkway or platform, unless the intervening space is closed by a screen or other suitable means, and the handrail shall be capable of withstanding a load applied to the rail of at least 90 kg applied in any direction.
Walking surfaces - underground mine
102(5)A toeboard for a walkway or platform referred to in subsection (3) shall extend from the floor of the walkway or platform to not less than 120 mm in height.
Walking surfaces - underground mine
102(6)Subsection (2) does not apply to a walkway or platform in an underground mine that was constructed before the commencement of this section and that is not more than 1.5 m above the ground or floor level.
Wet floors
102(7)Where a floor is wet because of the work process, an employer and a contractor shall each use such devices as matting or grating where necessary on the floor to eliminate the hazard of slipping and where such devices are used and are insufficient to eliminate the hazard of slipping, the employer and the contractor shall provide non-slip footwear to employees who are required to walk on the floor and shall ensure that such employees wear the non-slip footwear.
Outdoor passageways
102(8)An employer and a contractor shall each keep outdoor passageways from becoming slippery by removing ice or snow and using materials such as ashes, sand or salt where necessary.
2001-33
Floor area during construction
103An employer and a contractor shall each ensure during the construction of a building or structure that a floor area in the building or structure is adequately closed in, except for necessary openings, before the floor above is started.
Temporary working floor
104(1)An employer and a contractor shall each ensure that a temporary working floor
(a) will support a minimum live load of 2.4 kPa,
(b) has planks that are securely fastened and supported on each end 300 mm beyond the opening that is being covered, and
(c) has no unsupported projection of a length that would be unstable if an employee were to stand on the projection or that exceeds 450 mm, whichever is the lesser.
104(2)If it is impracticable to install a temporary working floor, an employer and a contractor shall each ensure that a safety net that meets the requirements of subsection 49.8(2) is installed under the area where an employee is working or a that a travel restraint system or fall-arresting system is used by the employee.
2010-159
Roofs
Weatherproofing of roof
105(1)An employer and a contractor shall each ensure that a warning line is
(a) not less than 2 m from the unguarded edge,
(b) has a minimum diameter of 10 mm,
(c) is suspended at a height of not less than 750 mm and not more than 900 mm,
(d) is supported by corner and intermediate posts sufficient to keep the line taut, and
(e) has readily visible markers placed every 1.5 m along the length of the line.
105(2)Despite paragraph (1)(a), a warning line may be 1 m from an unguarded edge at the dump point for snow removal or when an employee is engaged in weatherproofing, provided adequate precautions are taken to ensure the safety of the employee.
105(3)An employer shall ensure that an employee who is working in the control zone uses another method of fall-protection in addition to the warning line.
105(4)When employees are engaged in weatherproofing, a safety monitor may be used as the means of fall-protection for employees working in the control zone.
105(5)The safety monitor referred to in subsection (4) shall ensure that tasks being performed in the control zone are performed in accordance with the fall-protection code of practice and in a manner that minimizes the potential for an employee to fall.
105(6)A safety monitor referred in subsection (4) shall
(a) be experienced in the work overseen and trained in the role of safety monitor,
(b) be present at all times when an employee is in the control zone,
(c) have complete authority over the work as it relates to the prevention of falls,
(d) be located so as to have a clear view of the work being performed by the employee,
(e) be able to communicate with the employees being protected without needing to yell,
(f) be instantly distinguishable from other workers,
(g) engage in no other duties while acting as the safety monitor, and
(h) monitor a maximum of eight workers.
105(7)An employer shall ensure that no employee enters the control zone unless the employee is required to do so by reason of the employee’s work duties.
105(8)The owner of a place of employment, employer and contractor shall each ensure a travel restraint system
(a) is rigged to prevent the employee from reaching an unguarded edge,
(b) is, subject to paragraph (c), attached to an anchor point capable of supporting two times the maximum load likely to be applied to it, or
(c) when it is used on a roof with a slope greater than 3 in 12, is attached to an anchor point that is capable of withstanding a 22 kN force or, if used under the direction of a competent person, four times the maximum load that may be generated in the fall-arresting system.
96-60; 2010-159
Weatherproofing of roof
106An employer shall ensure that an employee who is engaged in the weatherproofing of a roof that
(a) is 3 m or more above the ground or other safe working level,
(b) has a slope exceeding 4 in 12, and
(c) has an unguarded edge,
uses an individual fall-arresting system and the employee shall use the individual fall-arresting system.
96-60
Weatherproofing of roof
106.1(1)In this section “perimeter work” means the work that must be performed at the edge of the roof.
106.1(2)Despite paragraph 97(2)(b), where an employee is engaged in perimeter work and a guardrail is used as the method of fall-protection, a toeboard is not required.
96-60; 2010-159
Repealed
107Repealed: 96-60
96-60
Repealed
108Repealed: 96-60
96-60
Hoist used to raise materials to roof
109(1)An employer shall ensure that a hoist used to raise materials to a roof is
(a) sufficiently strong and stable, and
(b) equipped with suitable ropes, chains, slings, hooks and other fittings,
so as to ensure the safety of the person who uses the hoist or works in its vicinity.
109(2)An employer shall ensure that the weights used to counterbalance a hoist used to raise materials to a roof are
(a) adequate for the equipment used, and
(b) secured to the hoist to prevent their premature removal.
Hoist used to raise materials to roof
110An employer shall ensure that guardrails, or a safety fence manufactured as part of a hoist, are installed in perimeter travel areas on a roof near the hoist areas and the dumping areas.
96-60
Openings
Openings and fall prevention
111(1)An owner of a place of employment, an employer and a contractor shall each ensure that an opening on a work surface into which an employee may fall is guarded as follows:
(a) on all exposed sides by a guardrail; or
(b) by a protective covering that
(i) completely covers the opening,
(ii) is securely fastened,
(iii) is made from material adequate to support all loads to which the covering may be subjected, and
(iv) is marked as covering an opening.
111(2)Despite subsection (1), if an opening is a hatchway, chute, pit or trap-door the owner of the place of employment, an employer and the contractor shall each ensure that openings are guarded as follows:
(a) on all exposed sides by guardrails that are removable on not more than two sides and that are fixed on the other exposed sides; or
(b) by a flush hinged protective covering that
(i) completely covers the opening,
(ii) is securely fastened,
(iii) is of adequate strength,
(iv) is marked as covering an opening, and
(v) is adequately supported with attached railings so as to leave only one side of the opening exposed when the cover is open.
111(3)Despite subsections (1) and (2), if an opening leads to a stairway or ladder, an owner of a place of employment, an employer and a contractor shall each ensure that the opening is guarded by guardrails on all exposed sides, except for the side leading to the entrance to the stairway or ladder.
111(4)If a protective covering is used over an opening but is not in place, an owner of a place of employment, an employer and a contractor shall each ensure that the opening is constantly attended by an employee or is guarded by a guardrail on all exposed sides.
2010-159
Repealed
112Repealed: 2010-159
2001-33; 2010-159
Access and Egress
Access to and egress from work area
113(1)An employer shall provide a safe means of access to and egress from all areas where work is performed.
113(2)An employer shall ensure that an emergency means of escape is provided from any area where the normal means of escape may be rendered dangerous or unusable.
113(2.1)This section does not apply where a firefighter is engaged in structural fire-fighting or rescue.
113(3)Repealed: 96-106
96-106; 97-121
Installation of door
114(1)Where a door is installed, an employer shall ensure that the door is installed and maintained according to the manufacturer’s specifications and is working properly.
Where door may be a hazard
114(2)Where a door stored above the door opening is spring-loaded or presents a hazard in some other way by its mechanism, an employer shall ensure that the door is
(a) inspected at regular intervals by a competent person, and
(b) where necessary, repaired by a competent person.
97-121
Stairways
Stairways
115(1)An employer shall ensure that a stairway
(a) is of sufficient strength to sustain a live load of 4.8 kPa,
(b) is a minimum of 1.12 m in width,
(c) is pitched not less than 20 degrees and not more than 35 degrees from the horizontal,
(d) has risers constant in height that are not less than 127 mm and not more than 200 mm,
(e) has a maximum height of 3.7 m between landings,
(f) has landings, if any, with a minimum clearance of 1.12 m measured in the direction of the run,
(g) has a vertical clearance of 2.05 m from the top of the tread at all points in the stairway,
(h) has treads constant in width and not less than 225 mm in width, and
(i) has a non-slip nosing or a strip of non-slip material not less than 50 mm in width and installed 25 mm from the front edge of the tread on all treads where there may be a hazard of slipping due to the material of the tread.
115(2)Paragraphs (1)(b), (c) and (h) do not apply to a service stairway.
115(3)An employer shall ensure that a service stairway
(a) is a minimum of 900 mm in width,
(b) is pitched not less than 20 degrees and not more than 50 degrees from the horizontal, and
(c) has treads constant in width and not less than 150 mm in width.
115(4)An employer shall ensure that a stairway having four or more risers
(a) that are 2.24 m or less in width, has a handrail and supporting structure on any open side and a handrail on any enclosed side, and
(b) that are more than 2.24 m in width, has a handrail and supporting structure on any open side and in the centre and a handrail on any enclosed side.
115(5)An employer shall ensure that a handrail and supporting structure referred to in subsection (4) is constructed so that
(a) the height of the handrail and supporting structure from the upper surface of the handrail to the surface of the tread in line with the face of the riser at the forward edge of the tread is not less than 750 mm and not more than 900 mm,
(b) the supporting structure is capable of withstanding a load of 100 kg applied in any direction,
(c) the handrail is
(i) continuous throughout the flight of stairs and landings,
(ii) capable of withstanding a load of 100 kg applied in any direction, and
(iii) at least 40 mm wide,
(d) a handrail mounted directly on a wall or partition is fixed so as not to interfere with the smoothness of the top and side surfaces, and
(e) if brackets are used, the brackets to which a handrail is fixed are spaced not more than 2.4 m apart and have a clearance of at least 40 mm between the handrail and any wall or partition or any obstruction on the wall or partition to which the brackets are attached.
115(6)Notwithstanding subsections (1) to (5), where a stairway was installed in an underground mine before the commencement of this section, an employer shall ensure that the stairway
(a) is installed at an angle not greater than 50 degrees,
(b) has a rise or vertical distance between landings of a flight that does not exceed 3.5 m,
(c) has treads and risers of uniform width and height in any one flight, and
(d) has guardrails and handrails of adequate strength that are not less than 900 mm and not more than 1.2 m in height above the treads of the stairs.
Stairways
116Where a stairway has treads or landings made of perforated material, an employer shall ensure that the perforated material does not have openings larger than 11 mm.
Stairways
117(1)Where work on a building or structure progresses to one storey or 4.5 m above the lowest floor level, whichever is the lower, an employer shall ensure that permanent stairs or temporary stairs are installed in the building or structure leading from the lowest floor level to all the floors above.
117(2)An employer may use guardrails for temporary stairs and landings in place of the handrails and supporting structures required under subsections 115(4) and (5).
Stairways
118An employer shall ensure that a skeleton steel stairway with treads that are not completed during the construction stages has temporary wooden treads set into the full length and width of the steps and landings.
Ramps
Ramps
119(1)Repealed: 96-106
119(2)Where the pitch of a stairway would be less than 20 degrees from the horizontal, an employer shall provide a ramp.
119(3)An employer shall ensure that a ramp
(a) has a maximum slope of 20 degrees from the horizontal,
(b) is equipped with a non-slip surface or cleats spaced 400 mm apart where the slope is greater than five degrees,
(c) that is 2.24 m or less in width, has a handrail and supporting structure on any side and a handrail on any enclosed side, and
(d) that is more than 2.24 m in width, has a handrail and supporting structure on any open side and in the centre and a handrail on any enclosed side.
119(4)An employer shall ensure that a handrail and supporting structure referred to in subsection (3) are constructed so that
(a) the height of the handrail and supporting structure from the upper surface of the handrail to the surface of the ramp is not less than 750 mm and not more than 900 mm,
(b) the supporting structure is capable of withstanding a load of 100 kg applied in any direction,
(c) the handrail is
(i) continuous throughout the slope and landings of the ramp,
(ii) capable of withstanding a load of 100 kg applied in any direction, and
(iii) at least 40 mm wide,
(d) a handrail mounted directly to the wall or partition is fixed so as not to interfere with the smoothness of the top and side surfaces, and
(e) if brackets are used, the brackets to which a handrail is fixed are spaced not more than 2.4 m apart, and have a clearance of at least 40 mm between the handrail and any wall or partition or any obstruction on the wall or partition to which the brackets are attached.
96-106
Catwalks
Catwalks
120(1)An employer shall ensure that a catwalk that is 1.2 m or more above the ground or floor level has a minimum clear width of 500 mm and is equipped with guardrails.
120(2)Notwithstanding subsection (1), where a catwalk was constructed before the commencement of this section, an employer shall ensure that the catwalk has a minimum clear width of 450 mm and is equipped with guardrails.
120(3)Notwithstanding subsections (1) and (2), where a catwalk in an underground mine was constructed before the commencement of this section and is more than 1.5 m above the ground or floor level, an employer shall ensure that the catwalk is provided with handrails and a toeboard in accordance with subsections (4) and (5).
120(4)The top rail of a handrail for a catwalk referred to in subsection (3) shall be not less than 900 mm and not more than 1.07 m above the floor level of the catwalk and a second rail shall be placed at the midpoint between the top rail and the floor level of the catwalk, unless the intervening space is closed by a screen or other suitable means and the handrail shall be capable of withstanding a load applied to the rail of at least 90 kg applied in any direction.
120(5)A toeboard for a catwalk referred to in subsection (3) shall extend from the floor of the catwalk to not less than 120 mm in height.
120(6)Sections (1) and (2) do not apply to a catwalk in an underground mine that was constructed before the commencement of this section and that is not more than 1.5 m above the ground or floor level.
2001-33
Fixed Ladders
Fixed ladders
121(1)An employer shall ensure that a fixed ladder
(a) is of adequate strength and length,
(b) is clean and free from grease,
(c) is maintained in a safe condition,
(d) is securely held in place at the top and bottom and at such intermediate points as are required to prevent sway,
(e) has a clearance of at least 165 mm maintained between the rungs and the structure to which the ladder is affixed,
(f) does not have any rungs that extend above a landing,
(g) has side rails or other secure hand holds that extend at least 1.07 m above the landing and are spaced not less than 685 mm apart, and
(h) is removed from service when it has loose, broken or missing rungs, split side rails or other defects that may be hazardous to an employee.
121(2)An employer shall ensure that a fixed ladder that is more than 6 m in height is equipped with ladder cages.
121(3)Subsection (2) does not apply where an employee on the ladder uses a fall-arresting system.
121(4)Where a ladder cage is used on a fixed ladder, an employer shall ensure that
(a) the cage is provided with metal hoops spaced to prevent an employee from falling away from the ladder and to contain an employee who may lean or fall against the cage,
(b) the cage extends not less than 685 mm and not more than 725 mm from the centre line of the rungs of the ladder,
(c) the cage is not less than 685 mm wide where it attaches to the ladder,
(d) the cage extends from a point 2.5 m from the base of the ladder to the top of the ladder,
(e) the inside of the cage is free of projections, and
(f) if the fixed ladder is more than 9 m in height, it is equipped with a rest platform at intervals of no more than 9 m.
96-106; 2010-159
XI
TEMPORARY STRUCTURES
Portable Ladders
Portable ladder - general requirements
122(1)An employer shall ensure that a portable ladder used at a place of employment is
(a) of adequate strength and length,
(b) clean and free of grease, and
(c) maintained in a safe condition.
Defects in portable ladder
122(2)An employer shall ensure that a portable ladder is removed from service when it has loose, broken or missing rungs, split side rails or other defects that may be hazardous to the safety of an employee.
Wooden portable ladder
123An employer shall ensure that a wooden portable ladder
(a) is made of No. 1 grade or better spruce or fir,
(b) is not painted other than by being preserved with a transparent protective coating,
(c) if a single ladder, does not exceed 6 m in length,
(d) has rungs
(i) free of knots,
(ii) designed to carry a load of 200 kg placed at the centre,
(iii) uniformly spaced with a maximum rise of 300 mm,
(iv) secured to each side of the side rail of the ladder by at least three screws or barbed nails of adequate length or by attachments giving equivalent or better strength, and
(v) notched into the side rails of the ladder at least 13 mm on the lower side or with fillers installed between the rungs, and
(e) has side rails
(i) dressed on all sides and without sharp edges, and
(ii) with a uniform clear width between them of not less than 300 mm for ladders 3 m in length or less, and increasing 1 mm in width for each 100 mm in excess of 3 m.
2001-33
Standard for and use of portable ladder
124(1)An employer shall ensure that a portable ladder complies with and is used in accordance with CSA standard CAN 3-Z11-M81, “Portable Ladders”.
Portable extension ladder
124(2)An employer shall ensure that a portable extension ladder
(a) has no more than three sections,
(b) has locks that securely hold the sections of the ladder in an extended position, and
(c) when extended, maintains a minimum overlap as follows:
(i) where the ladder is 11 m or less, the overlap shall be 1 m;
(ii) where the ladder exceeds 11 m and is 15 m or less, the overlap shall be 1.25 m; and
(iii) where the ladder exceeds 15 m and is 22 m or less, the overlap shall be 1.5 m.
Exemption from use of a fall-protection system
124(3)An employee working 3 m or more above the ground or floor level on a portable ladder may work without a fall-protection system if
(a) the work is a light duty task of short duration at each location,
(b) the employee’s centre of gravity is maintained between the two ladder side rails,
(c) the employee will generally have one hand available to hold on to the ladder or another support, and
(d) the ladder is not positioned near an edge or floor opening that would significantly increase the potential fall distance.
2010-159
Employee responsibilities – use of portable ladder
125(1)An employee who uses a portable ladder shall
(a) inspect the ladder before use,
(b) report any unsafe condition of the ladder to the employer,
(c) face the ladder and use both hands when climbing or descending, and
(d) when standing on a ladder, stand in the centre between the side rails.
125(2)An employee who uses a portable ladder shall ensure that
(a) the ladder is secured against movement,
(b) the side rails of the ladder extend at least 1 m above any platform or landing to which the ladder is a means of access, and
(c) if a step ladder, the legs are securely held in position by means of metal braces or an equivalent rigid support.
125(3)An employee who uses a portable ladder shall not
(a) splice ladders together unless the spliced section is braced so that the spliced side rails are as strong as the original side rails,
(b) place a ladder in front of or against a door unless the door is blocked in the open position, locked or guarded,
(c) use a ladder as scaffold flooring or as support for scaffold flooring,
(d) stand on the material shelf, the top or the top step of a portable step ladder, or
(e) work from the top three rungs of a portable single or extension ladder.
125(4)Paragraphs (1)(d) and (3)(c) and (e) do not apply to a firefighter engaged in structural fire-fighting or rescue.
97-121
Use of portable ladder near energized electrical source
126Where an employee is using a portable ladder and is working close to an energized electrical utility line or utility line equipment, the employer and the employee shall each comply with the appropriate provisions of Part XIX.
Work Platforms
Measurements of lumber
127Measurements of lumber in sections 128 to 142, other than measurements for wood planks, are nominal.
Wood used in work platforms
128An employer shall ensure that all wood used in a work platform is
(a) made of No. 1 grade or better spruce or fir, and
(b) not painted other than by being preserved with a transparent protective coating.
Repealed
129Repealed: 2001-33
2001-33
Forklift Platforms
2001-33
Forklift platforms
129.1(1)In this section,
“forklift platform” means a work platform that is supported on the forks of an industrial lift truck.
129.1(2)An employer shall ensure that a forklift platform
(a) is securely attached to the lift truck so as to prevent accidental movement of the platform or the tipping of the forklift,
(b) is designed and constructed of material of sufficient strength to support safely the loads to which it may be subjected, and
(c) if a manufactured platform, is erected, used, maintained and dismantled in accordance with the manufacturer’s specifications.
129.1(3)An employer shall ensure that an industrial lift truck supporting a forklift platform
(a) is on a firm flat surface to ensure the truck’s stability, and
(b) is operated by a competent person.
129.1(4)An employer shall ensure that a forklift platform is equipped with guardrails.
129.1(5)Despite subsection (4), if it is impracticable to install guardrails when an employee is required to work from a moving forklift platform, the employer shall provide and the employee shall use a travel restraint system or fall-arresting system attached to an anchor point provided by the manufacturer or approved by an engineer.
129.1(6)When a fall-arresting system is used, the employer shall ensure that the fall-arresting system does not interfere with the raising and lowering of the platform.
2001-33; 2010-159
Forklift platforms
129.2A person who operates an industrial lift truck with a forklift platform shall, if the platform is elevated more than 1.2 m and there is a person on the platform,
(a) not move the truck, and
(b) remain at the controls of the truck.
2001-33
Forklift platforms
129.3(1)An employee shall not work on a forklift platform unless
(a) the industrial lift truck is on a firm flat surface, and
(b) the platform is equipped with guardrails or a travel restraint system or fall-arresting system.
129.3(2)Repealed: 2010-159
2001-33; 2010-159
Elevating Work Platforms
2001-33
Elevating work platforms
130(1)An employer shall ensure that an elevating work platform is designed, constructed, erected, maintained, inspected, monitored and used in accordance with the following CSA standards, where applicable:
(a) CAN3-B354.1-M82, “Elevating Rolling Work Platforms”;
(b) CAN3-B354.2-M82, “Self-Propelled Elevating Work Platforms for Use on Paved/Slab Surfaces”;
(c) CAN3-B354.3-M82, “Self-Propelled Elevating Work Platforms for Use as ‘Off-Slab’ Units”; and
(d) CAN3-B354.4-M82, “Boom-Type Elevating Work Platforms”.
130(2)If an employee is required to work from an elevating work platform described in paragraph (1)(a), (b) or (c), the employer shall provide and the employee shall continually use a travel restraint system or fall-arresting system attached to an anchor point on the elevating work platform.
130(3)Despite subsection (2), an employee is not required to continually use a travel restraint system or fall-arresting system when an elevating work platform
(a) is on a firm and flat surface,
(b) has all the manufacturer’s guardrails and chains in place, and
(c) is not moving horizontally or vertically.
2010-159
General Provisions Applicable to Scaffolds
2001-33
Scaffolds – specifications
131(1)An employer and a contractor shall each ensure that a scaffold
(a) is capable of sustaining a minimum uniformly distributed load of 1.4 kPa,
(b) is at no time subjected to a load that exceeds the equivalent of one-quarter of the load for which it is designed,
(c) is designed and constructed to support at least four times the load that may be imposed on it,
(d) if over 3 m, has a guardrail that meets the requirements of section 97.
(e) is erected plumb and level,
(f) has vertical supports resting upon a firm foundation or sills,
(g) is adequately secured at vertical intervals not exceeding three times the least lateral dimension of the scaffold, measured at the base, to prevent lateral movement,
(h) has a platform that is at least 500 mm wide.
131(2)Paragraph (1)(d) does not apply to a mobile rolling scaffold.
131(3)Subject to subsection (4), an employer shall ensure that the spacing of vertical supports and bearers of a scaffold does not exceed 3 m on centres.
131(4)Where a scaffold is to be used for bricklaying, masonry or other heavy work, an employer shall ensure that the spacing of vertical supports and bearers of a scaffold does not exceed 2.1 m on centres.
2001-33; 2010-159
Wood planks on scaffolds
132An employer shall ensure that a wood plank in a scaffold
(a) is at least 50 mm thick by 250 mm wide,
(b) has a span not longer than 3 m,
(c) extends at least 150 mm and not more than 300 mm beyond a supporting member,
(d) is laid flat with an overlap of 300 mm with another plank, with the centre of the overlap directly over a bearer, and
(e) is secured to prevent movement in any direction that may create a danger to an employee.
Scaffolds – miscellaneous requirements
133(1)An employer shall ensure that
(a) lean-to scaffolds on wall brackets are not used,
(b) the inner supports of the supporting members on a single pole scaffold are of adequate construction and securely fastened to a wall,
(c) a safe means of access is provided to all working levels of a scaffold, and
(d) no person uses cross-bracing or diagonal bracing on a scaffold for climbing.
Protection of employee working below scaffold
133(2)Where an employee is working on a scaffold above another employee, the employee working above shall ensure that the employee below is protected from the hazard of objects falling from the higher level by overhead protection or by such means as tying off tools and other unsecured objects on the higher level.
Working on a scaffold
134An employee who works on a scaffold and an employer shall each ensure that
(a) only materials for current use are kept on the scaffold,
(b) the scaffold is not moved with employees or unsecured tools, materials or equipment on the scaffold, and
(c) a diagonal supporting brace is removed at the working face level only for access and only if precautions are taken to ensure that the strength of the scaffold is not weakened and the brace is replaced after the work is completed.
Wood Scaffolds
2001-33
Wood scaffolds
135(1)An employer shall ensure that the wooden vertical supports of a wood scaffold
(a) when 6 m or less in height, are not less than 50 mm thick by 100 mm wide, and
(b) when greater than 6 m in height, are not less than
(i) 100 mm thick by 100 mm wide, or
(ii) two 50 mm thick by 125 mm wide pieces laminated together.
135(2)An employer shall ensure that single wooden vertical supports of a wood scaffold are extended by means of a butt joint that has been strengthened by four pieces of material at least 25 mm thick and of the same width as the vertical supports and extending at least 740 mm on both sides of the butt joint.
135(3)An employer shall ensure that the distance between the joints of laminated vertical supports of a wood scaffold is not less than 1.2 m.
135(4)An employer shall ensure that the minimum size of a bearer on a wood scaffold is 50 mm thick by 125 mm wide.
97-121
Metal Scaffolds
2001-33
Metal scaffolds
136(1)An employer shall ensure that a metal scaffold
(a) is erected, used, maintained and dismantled in accordance with the manufacturer’s specifications,
(b) if less than 6 m in height, is equipped with a continuous access ladder or stairway commencing at ground level, and
(c) if 6 m or greater in height, is equipped with a continuous access stairway commencing at ground level.
136(2)An employer shall ensure that
(a) a metal scaffold is regularly inspected for any damage, deterioration or loosening of the connections of its structural members that may affect its strength and if such damage, deterioration or loosening is found, that the scaffold is removed from use until repaired,
(b) cross-bracing and diagonal bracing is installed at each level of a metal scaffold as the erection of the scaffold progresses, and
(c) no person works on a metal scaffold before the cross-bracing and diagonal bracing is in place, except to erect the scaffold.
2001-33
Horse Scaffolds
2001-33
Horse scaffolds
137(1)Where the horses for a horse scaffold are constructed of wood, an employer shall ensure that
(a) the horizontal members of bearers are not smaller than 50 mm thick by 125 mm wide,
(b) the legs are not smaller than 50 mm thick by 100 mm wide,
(c) the longitudinal braces between legs are not smaller than 25 mm thick by 150 mm wide,
(d) the gusset braces at the top of the legs are not smaller than 25 mm thick by 200 mm wide, and
(e) the half diagonal braces are not smaller than 25 mm thick by 100 mm wide.
137(2)An employer shall ensure that the horses for a horse scaffold are
(a) placed on a secure footing and not raised in height by blocking or extensions,
(b) spaced not more than
(i) 1.5 m apart for a scaffold supporting 3.6 kPa or more,
(ii) 2.3 m apart for a scaffold supporting 1.2 kPa to 3.5 kPa, and
(iii) 3 m apart for a scaffold supporting less than 1.2 kPa, and
(c) placed directly over one another and, if more than two tiers high, each tier is secured to a building or structure.
137(3)An employer shall ensure that a platform of a horse scaffold
(a) if supported by single tier horses, does not exceed 5 m in height,
(b) if supported by tiered horses, does not exceed three tiers or 3.7 m in height, whichever is the lower, and
(c) is secured to the legs of the horses to prevent movement.
Ladderjack Scaffolds
2001-33
Ladderjack scaffolds
138(1)An employer shall ensure that a ladder-jack scaffold
(a) is not more than 5 m in height,
(b) has supporting ladders properly secured against displacement,
(c) is used only for operations where the work period between changes of scaffold position is of short duration and the load on the scaffold does not exceed 1.2 kPa, and
(d) is not used by more than two employees at any one time.
138(2)An employer shall ensure that a ladder-jack assembly is securely fastened to the ladder so that it bears on the side rails.
138(3)Where a manufactured platform is used on a ladder-jack scaffold, an employer shall ensure that the platform is a minimum of 500 mm in width and is supported at intervals not exceeding 3 m.
2001-03
Pump-jack Scaffolds
2001-03
Pump-jack scaffolds
139An employer shall ensure that a pump-jack scaffold
(a) if made of metal, is not more than 15 m in height and is erected, installed and used according to the manufacturer’s specifications, and
(b) if made of wood, is not more than 9 m in height.
Mobile Rolling Scaffolds
2001-03
Mobile rolling scaffolds
140(1)An employer shall ensure that a mobile rolling scaffold
(a) is not higher than four times the width of the smallest base dimension, unless it is guyed or otherwise secured at the top,
(b) has diagonal and horizontal cross-bracing installed at every level,
(c) has a solid platform covering the entire area from which an employee works,
(d) has lockable wheels, and
(e) has guardrails.
140(2)Where a mobile rolling scaffold is equipped with pneumatic tires, an employer and any person who uses the scaffold shall each ensure that the wheels are blocked separately in such a way as to raise the wheels off the ground or floor before the scaffold is used.
140(3)An employer and any person who uses a mobile rolling scaffold shall each ensure that the scaffold is not used until inspected before each day’s use by a competent person and by the person who is to use the scaffold.
Suspended Equipment
2010-159
Suspended equipment
140.1(1)An owner of a place of employment, an employer and a contractor shall each ensure that every employee who works on or from suspended equipment shall
(a) have an effective means of summoning assistance,
(b) be protected from falling while getting on or off the suspended equipment, and
(c) use a vertical life line that is
(i) suspended independently from the suspended equipment, and
(ii) securely attached to an anchor point so that the failure of one means of support will not cause the life line to fail.
140.1(2)An employer and a contractor shall each ensure that each component of the suspended equipment is inspected by a competent person
(a) visually at least once daily,
(b) before being used for the first time,
(c) as recommended by manufacturer, installer or designer and at least every 12 months, and
(d) after an event or after maintenance and repairs.
140.1(3)If an inspection referred to in subsection (2) reveals a defect or inadequacy, no one shall use the suspended equipment and no employer shall permit its use until the defect or hazard has been eliminated.
140.1(4)An employer and contractor shall each ensure
(a) that if the owner of a place of employment has provided the permanent or temporary anchor point that the anchor point complies with subsection 145.2(3), and
(b) that all components of suspended equipment are compatible with one another, the work environment and the type of work being performed.
2010-159
Fixed Suspended Work Platform
2001-33; 2010-159
Suspended work platform
141(1)An owner of a place of employment, an employer and a contractor shall each ensure that a fixed suspended work platform
(a) is designed and certified by an engineer as being
(i) able to withstand the stresses that are to be imposed upon it, and
(ii) fixed in such a way that the failure of one means of support or suspension will not upset the work platform,
(b) is equipped with guardrails,
(c) is provided with a safe means of access and egress for the employees using the platform,
(d) is suspended in a fixed position by adequate means securely anchored to the platform and to the overhead supporting structure, and
(e) when in use, is inspected daily by a competent person.
141(1.1)The design referred to in paragraph (1)(a) shall
(a) set out the size and specifications of all components of the platform, including the type and grade of all materials to be used, and
(b) state the maximum live load of the platform.
141(2)Despite subsection (1)(b), if it is impracticable to install guardrails when an employee is required to work from a fixed suspended work platform, the employer shall provide and the employee shall use a travel restraint system, a fall-arresting system or a safety net or make use of the control zone.
141(3)An employer shall ensure that the planks of a fixed suspended work platform
(a) if made of wood, are of a minimum of 50 mm thick by 250 mm wide supported at intervals not exceeding 3 m,
(b) overlap the supporting ledgers at each end by at least 300 mm, and
(c) are laid tightly together and secured to prevent movement in any direction.
2010-159
Swing Staging and Boatswain’s Chair
2001-33; 2010-159
Fixed support
142(1)An employer shall ensure that swing staging and boatswain’s chair, when attached to a fixed support, are capable of supporting at least four times the maximum load to which the fixed support is likely to be subjected
(a) without overturning, and
(b) without exceeding the allowable unit stresses for the material used in the fixed support.
Hook and thrust-out
142(2)An employer shall ensure that
(a) a hook used to suspend swing staging or boatswain’s chair
(i) has safety devices to prevent dislodgement, and
(ii) is securely tied back to an anchor point capable of preventing the movement of the suspended equipment, and
(b) a thrust-out used to suspend swing staging or boatswain’s chair
(i) is rigidly fastened to another thrust-out,
(ii) is securely tied back to an anchor point capable of preventing the movement of the suspended equipment,
(iii) is counter-balanced with sufficient solid material to ensure stability, and
(iv) has cleats or bolts fastened at the outer ends of the thrust-out to act as safety stops.
Rope
142(3)An employer shall ensure that rope made of synthetic fibre or wire used to suspend swing staging or a boatswain’s chair
(a) provides a safety factor of not less than ten, based on the ratio of the manufacturer’s rated breaking strength of the rope to the static load,
(b) is securely fastened to the drum of a winch, and is of sufficient length to allow for at least three turns of rope on the drum when the swing staging or a boatswain’s chair is in its lowest position or in accordance with the manufacturer’s specifications, and
(c) is removed from use in accordance with the manufacturer’s specifications.
Materials
142(4)An employer shall ensure the materials used to support swing staging or a boatswain’s chair meet the following requirements:
(a) if hangers are used, the hangers are made of wrought iron or mild steel with a cross section equal to 10 mm by 32 mm or a diameter of at least 19 mm and are securely attached to the platform or chair;
(b) if wire rope is used, the wire rope is at least 13 mm in diameter for the swing staging and 9 mm for the boatswain’s chair; and
(c) if another material is used, it has been certified by an engineer as being of a strength equivalent to that prescribed in paragraph (a) or (b).
Platform for swing staging
142(5)An employer shall ensure that the platform of swing staging is not less than 500 mm in clear width and is either a ladder type platform or a plank type platform.
Side strings, rungs and tie rods for ladder type platform for swing staging
142(6)An employer shall ensure that the side stringers, rungs and tie rods of a ladder type platform for swing staging conform to the following table:
 
LADDER TYPE PLATFORMS FOR SWING STAGING
Length
of
Side
Stringers
Width
Between
Side
Stringers
Cross Section of
Side Stringers
Rungs
Tie Rods
At Ends
At Middle
Total
No.
Diameter
Total
No.
Diameter
4.6 m
500 mm
50 mm × 70 mm
50 mm × 100 mm
10
 30 mm
4
8 mm
 
4.9 m
500 mm
50 mm × 70 mm
50 mm × 100 mm
11
 30 mm
4
8 mm
 
5.5 m
500 mm
50 mm × 80 mm
50 mm × 100 mm
12
 30 mm
4
8 mm
 
6.1 m
500 mm
50 mm × 80 mm
50 mm × 100 mm
13
 30 mm
4
8 mm
 
7.3 m
500 mm
50 mm × 80 mm
50 mm × 120 mm
16
 30 mm
5
8 mm
 
 
Flooring of ladder type platform for swing staging
142(7)An employer shall ensure that the flooring of a ladder type platform on swing staging is at least 19 mm thick plywood or another material of equivalent strength.
Planks for plank type platform for swing staging
142(8)An employer shall ensure that the planks in a plank type platform on swing staging
(a) are made of wood and are a uniform thickness of not less than 50 mm,
(b) are tied together on the underside by cleats
(i) a minimum size of 25 mm by 150 mm,
(ii) securely fastened, and
(iii) spaced at intervals of not more than 1.2 m,
(c) do not exceed 3.7 m in length, and
(d) are located so that the span does not exceed 3 m between the fixed supports.
Other employer responsibilities – swing staging
142(9)An employer shall ensure that
(a) swing staging is equipped with a guardrail,
(b) two or more pieces of swing staging are not joined together, and
(c) swing staging is lowered to the ground or lashed to the building to which it is attached when employees leave the building.
97-121; 2001-33; 2010-159
Winches
143(1)An employer shall ensure that the winches used for hoisting and lowering swing staging or a boatswain’s chair have a ratchet device, a worm and gear mechanism and a locking key or a similar device for preventing the slipping or free running of the winch.
Release mechanism for swing staging
143(2)An employer shall ensure that the tools used to operate the release mechanism on the drive units of powered swing staging are kept at all times on the platform and are readily available to an employee.
2010-159
Securing tools and other objects
144Where an employee is working on swing staging or a boatswain’s chair above another employee, the employee working above shall ensure that the employee below is protected from the hazards of objects falling from the higher level by tying off tools and other unsecured objects on the higher level.
2010-159
Obligation to use a fall-arresting system
144.1An employer shall ensure and an employee shall continually use a fall-arresting system that meets the requirements of section 49.2 while on the swing staging.
2010-159
Anchor points on a swing staging
144.2The personal fall-protection system may only be attached to an anchor point on a swing staging when
(a) there are at least two independent means of support or suspension, and
(b) it is designed, constructed and maintained so that the failure of one means of support or suspension will not upset the swing staging.
2010-159
Boatswain’s chair
145An employer shall ensure that a boatswain’s chair has a seat at least 600 mm long and 250 mm wide that is of one piece construction capable of supporting 224 kg that
(a) is supported by a sling that crosses underneath the seat, in accordance with paragraph 142(4)(b), or
(b) is a manufactured system providing equivalent protection.
2010-159
Boatswain’s chair
145.1(1)The boatswain’s chair shall only be used to work within arm’s reach of the employee who is freely suspended.
145.1(2)An employer shall ensure that an employee in a boatswain’s chair uses:
(a) a fall-arresting system that meets the requirements of section 49.2; and
(b) a descent control that
(i) is classified as type 2W or 3W as per CSA standard Z259.2.3-99 “Descent Control Devices” or equivalent, and
(ii) is used in accordance with the manufacturer’s specifications regarding installation, operating and maintenance.
2010-159
Duties of an owner of a place of employment
145.2(1)Every owner of a place of employment who allows suspended equipment operations on a place of employment shall provide or ensure the use of permanent or temporary anchor points that meet the requirements of subsection 142(2).
145.2(2)If a permanent anchor point has been provided, the owner of a place of employment shall
(a) prepare sketches showing the anchor point and related structures,
(b) provide a copy of the sketches to the employee who is to work from suspended equipment before the work begins, and
(c) ensure a copy of the sketches are posted conspicuously near the entrance to the roof.
145.2(3)If a permanent or temporary anchor point has been provided, the owner of a place of employment shall ensure that the anchor point as well as the permanently installed suspended equipment are inspected and certified by a competent person
(a) before being used for the first time,
(b) as recommended by manufacturer, installer or designer and at least every 12 months,
(c) after an event or after maintenance and repairs, and
(d) when the owner of a place of employment is informed under subsection (4) of a defect or inadequacy.
145.2(4)An employer or employee shall inform the owner of a place of employment immediately if they believe that the anchor point or any component of the permanently installed suspended equipment is defective or inadequate.
145.2(5)If the inspection under subsection (3) reveals a defect or inadequacy, no one shall use the anchor point or the permanently installed suspended equipment and no owner of a place of employment, employer or contractor shall permit their use until the defect or inadequacy has been eliminated.
2010-159
XII
EXPLOSIVES
Exemption - underground mine
146This Part does not apply to an underground mine.
Control of Blasting Operation
Blasting operation to be conducted by blaster
147(1)Subject to subsection 148(2), an employer shall ensure that a blasting operation is conducted by a blaster who holds an appropriate certificate of qualification issued under the Apprenticeship and Occupational Certification Act for the work involved.
Where more than one blaster
147(2)Where more than one blaster is involved in a blasting operation, an employer shall designate one of the blasters to supervise the blasting operation.
93-8
Prohibition respecting blasting operation
148(1)No person other than a blaster with the appropriate certificate of qualification shall conduct or supervise a blasting operation.
148(2)Notwithstanding subsection (1), a person who, as of December 31, 1991, has conducted or supervised blasting operations for a period of not less than six months in the open pit mining industry may continue to do such work until June 1, 1993 without holding a certificate of qualification as a blaster issued under the Apprenticeship and Occupational Certification Act.
148(3)The provisions of this Part that apply to a blaster apply to a person referred to in subsection (2) with the necessary modifications.
93-8
Safety of persons in and near blasting area
149(1)A blaster who conducts a blasting operation or, where there is more than one blaster involved, the blaster who supervises the blasting operation, shall ensure the safety of all persons within and adjacent to the blasting area.
149(2)All persons within or adjacent to a blasting area shall comply with the directions or instructions given by the blaster responsible for ensuring the safety of persons within or adjacent to the blasting area.
93-8
Assisting in a blasting operation
150(1)A person who is not a blaster or a blaster who does not hold the appropriate certificate of qualification may assist in a blasting operation.
150(2)A blaster conducting or supervising a blasting operation shall exercise continuous visual supervision over a person or blaster referred to in subsection (1).
93-8
General Safety
Safety respecting explosives
151An employer shall ensure that
(a) only an authorized employee has access to explosives,
(b) no person carries explosives in clothing,
(c) no smoking or open flame is permitted
(i) within 30 m of any place where an explosive is stored, or
(ii) within 15 m of any place where an explosive is being handled, used or transported, and
(d) primed explosives are not transported, stored or handled inside a vehicle or near any electrical equipment.
Transporting electrical detonators
152Where it is necessary to transport electrical detonators in a vehicle equipped with a radio transmitter, an employer shall ensure that
(a) the detonators are transported in a resilient rubber-lined or felt-lined closed metal container, electrically bonded to the vehicle,
(b) the radio transmitter is switched off whenever the box is open, and
(c) the detonators are transported in their original containers with their leg wires folded and shunted, as shipped by the supplier.
Precautions respecting explosives and detonators to be used the same day
153(1)Where explosives are unloaded from a transport vehicle and are to be used the same day, an employer shall ensure that blasting explosives and detonator products are placed at least 50 m apart where possible and are
(a) under visual observation at all times, or
(b) locked in separate dayboxes that meet the standards set out in “Magazine Standards for Blasting Explosives and Detonators”, revised in 1982 and published by the federal Department of Energy, Mines and Resources.
Storage of explosive and detonators overnight
153(2)Where blasting explosives or detonator products are to be stored overnight, an employer shall ensure that they are stored in accordance with the requirements of the Explosives Act (Canada).
Precautions respecting ignition and sparks
154An employer shall ensure that
(a) no article or thing liable to ignite spontaneously or likely to cause an explosion or fire is taken into or stored beside a magazine used to keep or store explosives, and
(b) tools and implements used to open containers of explosives are made only of non-sparking materials.
Inspection of blasting machine
155An employer shall ensure that a blasting machine is inspected at least annually by a competent person and that the blasting machine is maintained in good working condition.
Handling
Handling of explosives and related matters
156A blaster shall ensure that
(a) blasting explosives and detonator products are kept and handled separately until the last practicable moment when the blaster primes the explosive;
(b) no explosive is primed in any place where explosives are stored;
(c) primed explosives are not slit or tamped;
(d) the wrapping is not removed from nitroglycerine-based products;
(e) only commercially manufactured safety fuse assemblies are used;
(f) safety fuse assemblies are not less than 1 m in length;
(g) time expired, deteriorated or damaged explosives are not used;
(h) where more than one drill hole is fired in any one round using safety fuses, the holes are fired by means of one igniter cord;
(i) where there is any danger to property or persons from flyrock from a blast, blasting mats of adequate size and strength are used;
(j) frozen explosives are used in accordance with the manufacturer’s recommended procedure;
(k) drill holes are of sufficient size to admit the free insertion to the bottom of the hole of the explosive to be used without ramming, pounding or undue pressure;
(l) only tamping rods of wood or other non-metallic, non-sparking material are used;
(m) drill holes are not tied in until the last practicable moment before firing and are fired in a single operation;
(n) no drilling is done in a previously blasted area until the surface to be drilled is exposed and carefully examined for remnants of explosives or holes containing explosives; and
(o) where remnants of explosives or holes containing explosives are found, the explosives are detonated or removed before drilling commences.
93-8
Electrical storms
157At the approach of an electrical storm and until the electrical storm has passed, a blaster shall ensure that
(a) blasting operations cease,
(b) if an electric means of initiation is being used, lead wires are short-circuited, and
(c) all persons leave the danger area and no one enters the danger area.
93-8
Drill holes
158(1)An employer and a blaster shall each ensure that no drilling is done within a distance equal to one and one-half times the depth of the drill hole to any drill hole containing explosives and that notwithstanding the depth of the drill hole, a minimum distance of 6.5 m is maintained at all times.
158(2)Where, due to the nature of the ground being drilled, it is necessary to load a drill hole immediately after drilling is complete and subsequently to drill adjacent holes, an employer shall establish a code of practice detailing the procedure to be followed in such a situation to ensure employee safety.
93-8
Identification of loaded drill holes
159An employer and a blaster shall each ensure that loaded drill holes are clearly identified and secured and are protected from the passage of machines or equipment over them.
93-8
Work in blasting area
160(1)No person shall conduct or direct any work in a blasting area without the approval of the blaster conducting the blasting operation or, where there is more than one blaster involved, the blaster supervising the blasting operation.
Tools and equipment in blasting area
160(2)Except for the tools and equipment used by a person who has obtained the approval required under subsection (1), a blaster shall ensure that only tools and equipment necessary to the blasting operation are brought into a blasting area.
93-8
Firing of charge
161An employer shall ensure that
(a) no person other than a blaster with the appropriate certificate of qualification, a person referred to in subsection 148(2) or a person referred to in subsection 150(1) fires a charge, and
(b) a blaster, a person referred to in subsection 148(2) or a person referred to in subsection 150(1) who fires a charge by lighting a safety fuse is accompanied by another person.
93-8
Prohibition respecting priming and firing of charge
162No person other than a blaster with the appropriate certificate of qualification, a person referred to in subsection 148(2) or a person referred to in subsection 150(1) shall
(a) prime an explosive,
(b) make any connection that leads or will lead from the primed charge to an initiating device,
(c) connect any delay or sequencing device or program the delay or sequence for the blast, or
(d) fire a charge.
93-8
Before Firing
Testing of detonators before firing
163Before firing a charge, a blaster shall ensure that electric detonators are
(a) tested for continuity with a blasting meter before being used, and
(b) shunted or short-circuited after being tested until they are connected in circuits.
93-8
Testing of electric blasting circuit
164Before connecting an electric blasting circuit to the lead wires and before connecting the lead wires to the power source, a blaster shall ensure that the electric blasting circuit is tested with a blasting meter for continuity and resistance as calculated.
93-8
Connection of lead wires to power source
165Before making the final connection of lead wires to the power source when using an electric initiation of blasting or before firing when using any other initiation method, a blaster conducting the firing of a charge shall ensure that
(a) sufficient audible warning is given to all persons in the danger area,
(b) all persons have moved out of the danger area,
(c) all roads and approaches to the danger area are guarded in order to prevent anyone from entering, and
(d) all machines and equipment are clear of the effects of the blast.
93-8
Electric initiation of blasting
166(1)Where an electric initiation of blasting is used, a blaster shall ensure that
(a) only a blasting machine or a safety switch box referred to in subsection (2) is used, and
(b) the blasting machine does not exceed the manufacturer’s rated capacity.
166(2)Where firing of a charge is done from power lines, an employer shall ensure that a safety switch box
(a) is provided to the blaster and is constructed so that the door may be closed and locked only in the “OFF” position, and
(b) is kept locked and is not accessible to anyone other than the blaster responsible for firing the charge.
93-8
Extraneous electricity
167(1)In this section
“extraneous electricity” means unwanted electrical energy greater than 50 mA that is present at a blasting area and that may enter an electric blasting circuit, and includes stray electrical current, static electricity, radio frequency energy and time-varying electric and magnetic fields.
167(2)Where an electric initiation of blasting is used, a blaster shall ensure that electric blasting circuits are kept on the ground, except that bare connections may be elevated to prevent current leakage.
167(3)A blaster shall ensure that electric initiation of blasting is not used
(a) where there is a danger from extraneous electricity, or
(b) when blasting within 100 m of electric power lines.
93-8; 97-121
Electric initiation of blasting and distance from transmitter
168An employer and a blaster shall each ensure that electric initiation of blasting is not carried out at a distance from any transmitter less than the minimum distances shown in the following tables:
MINIMUM DISTANCES FROM COMMERCIAL
AM BROADCAST TRANSMITTERS
(0.535 to 1.705 MHz)
TRANSMITTER
POWER (1)
(Watts)
MINIMUM
DISTANCE
(Metres)
Up to 4,000
245
  4,001 - 5,000  
275
  5,001 - 10,000
395
10,001 - 25,000
610
25,001 - 50,000
885
  50,001 - 100,000
1,250
(1)Power delivered to antenna.
MINIMUM DISTANCES FROM TRANSMITTERS
UP TO 50 MHz
(excluding Commercial AM Broadcast
Transmitters)
 
CALCULATED FOR A SPECIFIC LOOP
PICKUP CONFIGURATION
TRANSMITTER
POWER (1)
(Watts)
MINIMUM
DISTANCE
(Metres)
Up to 100
245
     101 - 500       
520
     501 - 1,000    
760
  1,001 - 5,000    
5,185
  5,001 - 50,000  
1,680
50,001 - 500,000
16,770
(1)Power delivered to antenna.
MINIMUM DISTANCES FROM MOBILE TRANSMITTERS
INCLUDING AMATEUR AND CITIZEN’S BAND
TRANSMISSION FREQUENCY IN MHz
TRANSMITTER
POWER
(Watts)
MF
1.6-3.4
(Metres)
HF
28-29.7
(Metres)
VHF
35-36
42-44
50-54
(Metres)
VHF
144-148
150.8-161.6
(Metres)
UHF
450-470
(Metres)
        0 - 5        
  10
  20
  20
  6
  3
        6 - 10      
  15
  30
  25
  9
  6
      11 - 30      
  20
  55
  45
  16
  10
      31 - 50      
  25
  70
  55
  21
  12
      51 - 60      
  30
  75
  60
  23
  13
      61 - 100    
  35
100
  80
  30
  18
    101 - 180    
  50
130
110
  40
  25
    181 - 250    
  60
150
125
  50
  30
    251 - 350    
  70
180
150
  60
  35
    351 - 500    
  85
220
180
  70
  40
    501 - 600    
  90
240
195
  75
  45
    601 - 1000  
125
310
250
  95
  55
1001 - 1500  
135
345
280
110
  65
1501 - 10000
380
975
795
305
175
 
 
MINIMUM DISTANCES FROM CITIZEN’S
BAND CLASS D TRANSMITTERS
(26.96 - 27.41 MHz)
TYPE
MINIMUM
DISTANCE
(Metres)
 
Double Sideband (hand-held)
(4 watts max.)
1.5
 
Double Sideband (vehicle-mounted)
(4 watts max.)
20.0
 
Side Sideband (hand-held)
(12 watts peak)
6.0
 
Side Sideband (vehicle-mounted)
(12 watts peak)
34.0
 
MINIMUM DISTANCES FROM VHF TV
AND FM BROADCASTING
TRANSMITTERS
EFFECTIVE
RADIATED
POWER
(Watts)
CHANNELS 2 to 6 (Metres)
CHANNELS 7 to 13 (Metres)
FM RADIO (Metres)
Up to 1,000
305
185
245
 1,001 - 10,000
550
305
430
 10,001 - 100,000
980
580
795
100,001 - 325,000
1,315
765
1,040
325,001 - 1,000,000
1,770
915
1,405
 
MINIMUM DISTANCES FROM
UHF TV TRANSMITTERS
EFFECTIVE RADIATED
POWER
(Watts)
MINIMUM
DISTANCE
(Metres)
Up to 10,000
185
   10,001 - 1,000,000
610
1,000,001 - 5,000,000 
915
  5,000,001 - 100,000,000
1,830
 
MINIMUM DISTANCES FROM MARITIME
RADIONAVIGATIONAL RADAR
TYPE OF VESSEL
EFFECTIVE
RADIATED
POWER
(Watts)
MINIMUM
DISTANCE
(Metres)
Small Pleasure Craft
Up to 500 (1)
10
 
Harbour/River Craft
     501 - 5,000 (1)
15
 
Large Commercial Ships
     5,001 - 50,000 (2)
95
(1)3 cm (9000 MHz) frequency
(2)3 cm (9000 MHz) frequency10 cm (3000 MHz) frequency
NOTE: Department of National Defence and Coast Guard operate at a much higher frequency (200,000,000 watts)
93-8; 97-121
After Firing
Inspection of site after firing of charge
169(1)A blaster who fires a charge shall ensure that no person other than the blaster enters a danger area where the charge has been fired until the blaster makes a thorough inspection of the site after the charge has been fired and approves the danger area as safe.
169(2)A blaster who fires a charge by an electric means of initiation shall ensure that no person enters a danger area where the charge has been fired until the blaster disconnects the lead wires from the power source, short-circuits the leads and, where applicable, locks the safety switch box.
169(3)Notwithstanding subsection (1), a blaster may be accompanied by an assistant when making an inspection under subsection (1).
93-8
Misfires
Misfires
170(1)Where a charge has misfired or is suspected of having misfired, the blaster who fired the charge shall remain outside the danger area until
(a) thirty minutes after the last charge was due to explode if a safety fuse was used, and
(b) ten minutes after the last charge was due to explode for all other means of initiation.
170(2)On expiration of the time referred to in subsection (1), the blaster who fired the charge shall enter the danger area, make a thorough inspection of the site and approach the misfired or suspected misfired charge to assess the situation or potential hazard.
170(3)Where no misfired charge is found, the blaster who fired the charge may approve the danger area as safe and shall cause an all clear signal to be sounded.
170(4)Where one or more misfired charges are found, the blaster who fired the charge
(a) shall readjust the danger area boundary if required,
(b) shall inform the employer of the situation,
(c) shall conspicuously mark all misfired charges, and
(d) notwithstanding subsection 169(1), may allow sufficient personnel to enter the danger area to assist in treating the misfire.
93-8
Code of practice for misfires
171(1)An employer shall establish a code of practice for the safe handling of misfired charges and shall have the code of practice available for inspection by an officer.
171(2)A blaster shall follow the code of practice referred to in subsection (1).
93-8
Corrective action to prevent misfires
172An employer shall, as far as practicable, ensure that the cause of a misfired charge is established and that corrective action is taken to prevent recurrence.
Records
Records to be kept
173(1)A blaster who conducts or supervises a blast shall maintain a log book recording the following:
(a) before the blast:
(i) job location;
(ii) names of blaster and assistants;
(iii) diagram of blasting pattern and sequence of firing;
(iv) type and the amount of blasting explosives and detonators;
(v) number, depth and placement of charges in each hole;
(vi) resistance calculations for each series and circuit when using an electric means of initiation;
(vii) precautions taken to control fly rock, air blast and ground vibrations;
(viii) placement of persons to guard the danger area; and
(ix) reason for any delay in blasting; and
(b) after the blast:
(i) date and time of blast;
(ii) weather conditions at time of blast; and
(iii) results of post-blast examination for misfires and other dangers.
173(2)A blaster shall keep a log book referred to in subsection (1) for three years after the last blast recorded in the log book and shall make the log book available for inspection by an officer.
93-8; 97-121
Production of certificate of qualification
174A blaster who conducts, supervises or participates in a blasting operation shall keep the certificate of qualification referred to in subsection 147(1) in a safe place at the place of employment and make it available for inspection by an officer.
93-8
Log book for magazine
175(1)An employer shall ensure that an employee in charge of a magazine maintains a log book for the magazine and records the amount of blasting explosives by type, detonators by period, leg wire length and series that are or have been stored in the magazine from the time the magazine was first used or for the three years previous to the date of the most recent entry, whichever is the shorter period.
175(2)An employer shall ensure that the log book referred to in subsection (1) is not kept in the magazine and that it is made available for inspection by an officer.
Warning Signs
Warning signs for blasting operation
176(1)Where a blasting operation by an electric means of initiation is about to commence and while it is in progress, an employer shall ensure that signs bearing the words “Blasting Operations - Turn Off Radio Transmitters” and “Opérations de sautage - éteindre les émetteurs radio” in letters of luminous paint not less than 150 mm high on a contrasting background are posted on all roads within 100 m of the blasting area.
176(2)An employer shall ensure that signs bearing the words “End of Blasting” and “Fin de sautage” indicate to drivers of vehicles when they are leaving the area referred to in subsection (1).
176(3)An employer shall ensure that the signs described in subsections (1) and (2) are removed or covered after each blast is completed.
97-121
Housekeeping
Empty explosives cartons and wrappings
177(1)An employer shall ensure that empty explosives cartons and wrappings are
(a) collected from the site before blasting, and
(b) disposed of after the blast is completed.
Expired, surplus or damaged explosives
177(2)An employer shall ensure that time-expired, surplus or damaged explosives are destroyed only by a blaster or other qualified person using methods approved by the supplier.
93-8; 97-121
Blasting mats and loose rocks
178An employer shall ensure that
(a) blasting mats are used where there may be a hazard to persons or property from flying debris, and
(b) loose rocks are scaled off the sides of excavations and removed from the crest after blasting and before any work is resumed.
Code of Practice
Code of practice for use of explosives
179(1)Where black powder is to be used, an employer shall establish a code of practice for the safe use of the black powder.
179(2)Where any explosive other than black powder is to be used
(a) in a confined space,
(b) underwater,
(c) for demolition of buildings and other structures,
(d) for river ice control,
(e) in theatrical applications where the special effects includes explosives used alone or in conjunction with fireworks,
(f) for oil well or wild gas well control,
(g) for seismic operations, or
(h) for any other unusual use as determined by the Chief Compliance Officer,
an employer shall establish a code of practice for the safe use of the explosive.
2001-33
XIII
EXCAVATIONS AND TRENCHES
Underground utility lines or piping and utility poles
180(1)Before beginning an excavation or trench, an employer shall ensure that the location of any underground utility line or piping is determined.
180(2)Where employees are working within 600 mm of underground utility line or piping, an employer shall ensure that
(a) the authority operating the utility line or piping has been notified of the operation,
(b) the utility line has been de-energized, and
(c) an adequate operating procedure is used by the employees.
180(3)An employer shall ensure that utility poles, posts and similar structures are supported or removed if they are within 3 m of an excavation or trench that is more than 1.2 m deep.
Shoring, bracing or caging of walls
181(1)An employer shall ensure that the walls of an excavation or trench are supported by shoring, bracing or caging except when the excavation or trench
(a) is less than 1.2 m deep,
(b) subject to subsection (2), is cut in solid rock,
(c) is sloped or benched to within 1.2 m of the bottom of the excavation or trench with the slope or bench not exceeding 1 m of vertical rise to each 1 m of horizontal run, or
(d) is one that an employee is not required to enter.
Support of unstable walls cut in solid rock
181(2)Where the walls or crests of an excavation or trench are cut in solid rock and are not stable, an employer shall ensure that the walls and crests are adequately supported by rock bolts, wire mesh, shoring or a method that provides equivalent support.
Support where heavy equipment used near edge
181(3)Where powered mobile equipment or a mobile crane is used near the edge of an excavation or trench, an employer shall ensure that any shoring, bracing or caging for the excavation or trench is adequate to support the increased pressure.
Certificate of engineer respecting support
181(4)An employer shall ensure that shoring, bracing or caging for an excavation or trench is certified as adequate by an engineer and shall make the proof of the certification available to an officer on request.
2001-33
Entering excavation or trench
182(1)An employer shall ensure that an employee does not, and no employee shall, enter an excavation or trench 1.2 m or more in depth unless
(a) the walls of the excavation or trench are supported by shoring, bracing or caging, the excavation or trench is cut in solid rock or the excavation or trench is sloped or benched to within 1.2 m of the bottom of the excavation or trench with the slope not exceeding 1 m of vertical rise to each 1 m of horizontal run,
(b) subsections 181(2), (3) and (4) have been complied with,
(c) loose material that may fall into the excavation or trench has been removed, and
(d) a ladder that extends at least 1 m above the excavation or trench is installed no more than 15 m from where the employee is working or some other safe means of access and egress is provided.
182(2)Notwithstanding subsection (1), an employee may enter an excavation 1.2 m or more in depth to install bracing if the employee remains a distance from the face of the excavation equal to or greater than the depth of the excavation.
182(3)Notwithstanding subsection (1), an employer shall ensure that an employee does not, and no employee shall, enter an excavation or trench 1.2 m or more in depth to install or remove shoring or caging from a position inside an excavation or a trench.
2001-33
Location of excavated material
183(1)Subject to subsection (2), an employer shall ensure that excavated material is kept at least 1.2 m away from the edge of an excavation or trench.
183(2)Where an excavation or trench is more than 1.8 m deep in rock, an employer shall ensure that
(a) excavated material is located back from the face of the excavation or trench a distance equal to at least the height of the excavated material, or
(b) a fence that is adequate to support the excavated material is erected at a minimum distance of 1 m from the face of the excavation or trench.
Water
184(1)An employer shall ensure that an excavation or trench in which an employee works is kept reasonably free of water.
Testing for hazardous gas or oxygen deficiency
184(2)Where an employee may be exposed to a hazardous gas or to an oxygen deficient or oxygen rich atmosphere in an excavation or trench, an employer shall ensure that testing is carried out in accordance with section 263 before the employee enters the excavation or trench.
Storage of hazardous substance prohibited
184(3)An employer shall ensure that no hazardous substance is stored in an excavation or trench.
Hazardous gases and adequacy of ventilation
184(4)An employer shall ensure that precautions are taken to prevent the accumulation of hazardous gases in an excavation or trench and that adequate ventilation is provided in the excavation or trench.
Observation of employee working in excavation or trench
185Where an employee is working in an excavation or trench, an employer shall ensure that there is an employee working on the surface who is able to observe the employee working in the excavation or trench.
Material lowered into excavation or trench
186An employer shall ensure that an operator of powered mobile equipment or a mobile crane does not lower material into an excavation or trench, and no such operator shall lower material into an excavation or trench, unless
(a) the operator has unrestricted visibility, or
(b) a signaller is used to direct the movement of the material.
2001-33
Material lowered into excavation or trench
187An employee shall not move under or stay under any material being lowered into an excavation or trench.
Illumination to prevent inadvertent entry
188(1)An employer shall ensure that an excavation or trench is adequately illuminated
(a) when work is being carried out in or near the excavation or trench, and
(b) by warning lights or reflective materials to prevent inadvertent entry.
Barrier to protect workers
188(2)An employer shall ensure that an adequate barrier is set up around the excavation or trench so as to protect employees working in the excavation or trench from vehicular traffic.
97-121
XIV
PITS AND QUARRIES
Definitions
189In this Part
“pit” means a work or undertaking for the purpose of opening up, proving, removing or extracting any unconsolidated metallic or non-metallic mineral or mineral bearing substance, rock, earth, clay, sand or gravel by means of an open excavation in order to supply it for construction, industrial or manufacturing purposes;(puits)
“quarry” means a work or undertaking for the purpose of opening up, proving, removing or extracting consolidated rock by means of an open excavation in order to supply it for construction, industrial or manufacturing purposes and includes an open pit mine.(carriére)
Drawings and specifications
190Where required to do so by the Chief Compliance Officer, an owner of a pit or quarry and an employer shall submit detailed drawings with specifications for the development of the pit or quarry to the Chief Compliance Officer.
Haulage road
191An owner of a pit or quarry and an employer shall each ensure that a haulage road in a pit or quarry is designed, constructed and maintained
(a) to minimize hazards from the slipping or skidding of vehicles,
(b) to enable vehicles to pass each other safely, and
(c) so that grades do not exceed the design capacity of vehicles that are used in the pit or quarry.
Walkway from working level to surface
192(1)Where an employee is required to walk from the working level of a pit or quarry to the surface, an employer shall provide a walkway from the working level to the surface for the employee.
192(2)Where a walkway under subsection (1) is inclined at more than 20 degrees and less than 50 degrees to the horizontal, an employer shall provide stairways or ladderways.
192(3)Where a walkway under subsection (1) is inclined at more than 50 degrees to the horizontal, an employer shall provide ladderways.
Excavated material
193(1)An employer shall ensure that material excavated from a pit or quarry is piled at a distance from the edge of the pit or quarry so that the material does not subside into the pit or quarry or cause ground failure.
193(2)Where material excavated from a pit or quarry is dumped from a vehicle to a stockpile, an employer shall ensure that precautions are taken to keep the vehicle at a safe distance from the edge of the stockpile.
97-121
Unconsolidated overburden
194An employer shall ensure that unconsolidated overburden
(a) is moved from the edge of a pit or quarry a sufficient distance to prevent the overburden from falling into the pit or quarry,
(b) is at least 7 m from the edge of the pit or quarry, and
(c) is sloped to its natural angle of repose.
Support of utility poles, etc
195An employer shall ensure that utility poles, posts and similar structures are supported or removed if they are within 3 m of a pit that is more than 1.2 m deep.
Work Procedures for Quarries
Notification respecting work in quarry
196Where quarrying activities are initially started or where activities are resumed after a cessation of production of four months or more, the owner of the quarry or the employer shall notify the Chief Compliance Officer of the intention to begin or resume operations in the quarry at least two weeks before the operations are to begin or resume.
Examination of work faces of quarry
197(1)An employer shall ensure that an examination of all work faces in a quarry is made at the beginning of each operating shift and the results are recorded by the person in charge of the shift in a daily examination and record book together with a daily recording of all areas worked and of all unusual occurrences or hazardous conditions.
197(2)The person in charge of a shift shall read the record in the daily examination and record book made by the person in charge of the previous shift and sign it before assigning work for the shift about to begin.
197(3)An employer shall ensure that the daily examination and record book referred to in subsection (1) is available on request to a joint health and safety committee or health and safety representative, if any, and to an officer on request.
197(4)An employer shall ensure that no employee works close to a face of a quarry until the face has been examined and declared safe before the start of each shift by the person in charge of the shift.
When quarry to be worked in benches
198(1)An employer shall ensure that a quarry 20 m or over in depth is worked in benches that are not more than 20 m high.
198(2)Subsection (1) does not apply when the side cast method of stripping is used.
198(3)Where the walls of a quarry under 20 m cannot be excavated safely, an employer shall ensure that the quarry is worked in benches.
Berm or ledge in a quarry
199(1)An employer shall ensure that a berm or ledge in a quarry is constructed of sufficient width to catch and retain rocks that fall from the bench or face above.
199(2)An employer shall ensure that loose material that may endanger a person on a lower bench in a quarry is not permitted to accumulate on a berm or ledge in the quarry.
97-121
Undercutting and tunnelling in a quarry
200(1)An employer shall ensure that there is no undercutting of the working face of a quarry except where a tunnelling method is used to remove rock.
200(2)Where a tunnelling method is used to remove rock in a quarry and the enclosing ground is not secure, an employer shall ensure that
(a) every tunnel in which work is being carried on or through which persons pass is securely cased, lined, timbered, screened, rockbolted or otherwise made secure, and
(b) no person is allowed to go beyond a cased, lined, timbered, screened, rockbolted or otherwise secured ground.
97-121
Protection of adits, declines and tunnel openings in a quarry
201Where the wall of the quarry exceeds 37.5 degrees from the horizontal, an employer shall ensure that all adits, declines and tunnel openings collared within the wall are protected against slides or other runs of material and that such protection is established once the distance of the adits, declines and tunnel openings from the collar have reached 20 m.
97-121; 2001-33
Work Procedures for Pits
Removal of material from pit by powered mobile equipment
202Where material in a pit is being removed by means of powered mobile equipment, an employer shall ensure that the working face of the pit is
(a) sloped at its angle of repose, or
(b) benched to limit the vertical height to not more than 1.5 m above the maximum reach of the equipment in use.
Removal of material from pit by other means
203Where material in a pit is being removed by means other than powered mobile equipment, an employer shall ensure that the working face of the pit is
(a) sloped at its angle of repose, or
(b) benched to limit the vertical height of the working face to not more than 1.2 m.
Undercutting at face of pit by powered mobile equipment
204An employer shall ensure that undercutting by means of powered mobile equipment at the face of a pit is
(a) restricted to the depth of the bucket of the powered mobile equipment in use, and
(b) permitted only when the approach by the operator of the powered mobile equipment is at a 90 degree angle to the face.
Approach by employee to working face of pit
205An employer shall ensure that an employee on foot comes no closer to the working face of a pit than 1.3 times the height of the working face unless the working face is sloped at its angle of repose or is benched to limit the vertical height of the working face to not more than 1.2 m.
Marking of top of pit
206An owner of a pit and an employer shall each ensure that the top of a pit is adequately marked to indicate the existence of the pit.
2001-33
XV
MATERIALS HANDLING EQUIPMENT AND PERSONNEL CARRYING EQUIPMENT
Hoisting Apparatus
General requirements
207(1)An employer shall ensure that a hoisting apparatus is
(a) sufficiently strong and stable for the intended lift, and
(b) equipped with suitable ropes, chains, slings, hooks and other fittings,
so as to ensure the safety of a person who uses the apparatus or works in its vicinity.
Standards
207(2)An employer shall ensure that hoisting apparatus is designed, installed, erected, checked, examined, inspected, operated and maintained in accordance with the appropriate following CSA standards:
(a) B167-1964, “General Purpose Electric Overhead Travelling Cranes”;
(b) B167-96, “Safety Standard for Maintenance and Inspection of Overhead Cranes, Gantry Cranes, Monorails, Hoists, and Trolleys”;
(c) C22.2 No. 33-M1984, “Construction and Test of Electric Cranes and Hoists”;
(d) Z248-1975, “Code for Tower Cranes”;
(e) Z150-98, “Safety Code on Mobile Cranes”.
Application to owner
207(3)Subsection (2) applies with the necessary modifications to a person who owns a hoisting apparatus.
97-121; 98-78; 2001-33
Inspection of telescopic boom of mobile crane manufactured before 1995
207.1(1)This section applies to a mobile crane manufactured before 1995 that, before the commencement of this subsection, has not undergone a complete structural inspection of its telescopic boom in accordance with CSA standard Z150-98, “Safety Code on Mobile Cranes”.
207.1(2)Notwithstanding the time frame specified in clause 4.3.2.2(d) of CSA standard Z150-98, “Safety Code on Mobile Cranes” for an inspection of a telescopic boom, an employer and an owner of a mobile crane shall each ensure that a mobile crane undergoes a complete structural inspection of its telescopic boom in accordance with CSA standard Z150-98, “Safety Code on Mobile Cranes” in accordance with the following time frame:
(a) when the boom is disassembled, if it is disassembled before the date specified in paragraph (b) applicable to the year of manufacture of the crane; or
(b) no later than December 31st of the year
(i) 2001, if the crane was manufactured before 1970,
(ii) 2002, if the crane was manufactured after 1970 and before 1973,
(iii) 2003, if the crane was manufactured after 1973 and before 1977,
(iv) 2004, if the crane was manufactured after 1977 and before 1980,
(v) 2005, if the crane was manufactured after 1980 and before 1990, and
(vi) 2006, if the crane was manufactured after 1990 and before 1995.
207.1(3)After an inspection under this section, an employer and an owner of a mobile crane shall ensure that subsequent inspections comply with the requirements of CSA standard Z150-98, “Safety Code on Mobile Cranes”.
2001-33
Inspection of swivel, hook and block assembly and hooknut of mobile crane manufactured before 2000
207.2(1)This section applies to a mobile crane manufactured before 2000 that, before the commencement of this subsection, has not undergone an inspection of its swivel, hook and block assembly and hooknut in accordance with CSA standard Z150-98, “Safety Code on Mobile Cranes”.
207.2(2)Notwithstanding the time frame specified by clause 4.3.5.2 of CSA standard Z150-98, “Safety Code on Mobile Cranes” for an inspection of a swivel, hook and block assembly and hooknut, an employer and an owner of a mobile crane shall each ensure that a mobile crane undergoes an inspection in accordance with clause 4.3.5.2 of CSA standard Z150-98, “Safety Code on Mobile Cranes” no later than December 31st of the year
(a) 2001, if the crane was manufactured before 1970,
(b) 2002, if the crane was manufactured after 1970 and before 1980,
(c) 2003, if the crane was manufactured after 1980 and before 1990, and
(d) 2004, if the crane was manufactured after 1990 and before 2000.
207.2(3)After an inspection under this section, an employer and an owner of a mobile crane shall ensure that subsequent inspections of its swivel, hook and block assembly and hooknut comply with the requirements of CSA standard Z150-98, “Safety Code on Mobile Cranes”.
2001-33
Safe working load
208(1)Subject to subsection (2), an employer shall obtain a statement of the safe working load of a hoisting apparatus from the manufacturer of the hoisting apparatus.
208(2)Where an employer is unable to obtain the statement referred to in subsection (1), the employer shall obtain a statement of the safe working load of the hoisting apparatus from an engineer.
208(3)An employer shall ensure that the statement of the safe working load referred to in subsection (1) or (2) is posted legibly on the hoisting apparatus so that the operator of the apparatus is able to see it when operating the apparatus.
208(4)An employer shall ensure that an operator of a hoisting apparatus has sufficient information to enable the operator to determine the load that the hoisting apparatus is capable of hoisting safely under any operating condition.
208(5)If the boom, counterweight or another part of a hoisting apparatus is modified, extended, altered or repaired so as to affect the safe working load of the hoisting apparatus, an employer shall obtain a statement of the revised safe working load of the hoisting apparatus from an engineer and post it in accordance with subsection (3).
208(6)Subsections (1) to (4) do not apply to mobile cranes.
97-121; 2001-33; 2010-159
Prohibition respecting safe working load
209(1)An employer shall ensure that a hoisting apparatus is not subjected to a load in excess of its safe working load.
209(2)An operator of a hoisting apparatus shall not subject the hoisting apparatus to a load in excess of its safe working load.
Maintenance
210(1)An employer shall ensure that a hoisting apparatus is maintained in accordance with the manufacturer’s specifications.
Inspection before use and after possible damage
210(2)An employer shall ensure that a competent person thoroughly inspects and tests a hoisting apparatus, including any safety devices,
(a) before it is first put into use, and
(b) after any incident that may have damaged some part of the hoisting apparatus.
Log book
210(3)An employer shall ensure that a log book recording inspections and repairs to a hoisting apparatus is maintained and made available to an officer on request.
Application
210(4)Subsection (3)
(a) applies only to hoisting apparatus with a lifting capacity of 1815 kg or greater, and
(b) does not apply to a mobile crane.
Application
210(5)Subsections (1) and (2) apply with the necessary modifications to a person who owns a hoisting apparatus.
2001-33
Annual inspection
210.01(1)An employer shall ensure that a hoisting apparatus is inspected every twelve months by a competent person to ensure that the apparatus meets the manufacturer’s specifications.
210.01(2)A person who inspects a hoisting apparatus under this section shall certify in writing that the apparatus meets the manufacturer’s specifications.
210.01(3)A certificate referred to in subsection (2) shall provide details on the conditions under which the hoisting apparatus was inspected.
210.01(4)Subsections (1) and (2) do not apply to a mobile crane.
210.01(5)Subsection (1) applies with the necessary modifications to an owner of a hoisting apparatus.
2001-33
Competency of operator
210.1(1)An employer shall ensure that a person who operates a hoisting apparatus is competent or is under the direct supervision of a competent person.
210.1(2)No person shall operate a hoisting apparatus unless the person is competent or is under the direct supervision of a competent person.
98-78
Procedures respecting operation
211(1)An employer shall ensure that an operator of a hoisting apparatus follows the procedures prescribed in subsection (2).
211(2)An operator of a hoisting apparatus shall
(a) visually inspect the hoisting apparatus before use to verify that it is in safe working order,
(b) where the operator has restricted vision, including restricted vision of electrical utility lines, move a load only on a signal from a signaller designated under section 212,
(c) raise a load vertically unless it is necessary to raise a load obliquely,
(d) when raising a load obliquely, ensure that the hoisting apparatus is suitable for lifting a load at an oblique angle and that any pendulum effect does not constitute a hazard to persons working in the vicinity,
(e) not carry a load over any person,
(f) not leave a suspended load unattended if a person may be in the area under the load, and
(g) ensure that where a pendulum effect may constitute a hazard to persons working in the vicinity, one or more guide ropes are used to control the load,
2001-33
Signaller and direction of operation
212An employer shall designate a competent employee to be a signaller to direct, by means of visual or auditory signals, the safe movement and operation of a hoisting apparatus by an operator, and shall ensure that the signaller
(a) is readily identifiable by the operator,
(b) governs the movement of a load by a well understood distinctive code of signals or another effective communication system,
(c) obtains the assistance of another signaller if part of the view of the load is obstructed from both the signaller and the operator, and
(d) verifies that all ropes, chains, slings or other attachments are properly applied to the load and secured to the hooks of the hoisting apparatus and that the area is clear before signalling to move the load.
Mobile Cranes
Safety features
213(1)An employer shall ensure that a mobile crane
(a) has a cab, screen, canopy guard or other adequate protection for the operator of the crane if the operator may be exposed to the hazard of falling material,
(b) is equipped with load limit brakes capable of effectively braking the load being lifted,
(b.1) has a two-blocking damage prevention mechanism or an audible device that warns the operator of an impending two-block condition,
(c) has safety devices and limit switches installed and used as specified by the manufacturer, and
(d) has a boom angle indicator clearly visible to the operator.
Exception
213(1.1)Paragraph (1)(a) does not apply to mobile cranes with controls that are externally mounted outside the cab.
When barriers required for operation
213(2)Where a mobile crane is being operated in an area where the swing clearance of any obstruction is less than 600 mm, an employer shall ensure that barriers are installed to prevent a person from entering the area.
97-121; 2001-33
Load chart to be kept with mobile crane
213.1An employer shall ensure that a load chart from the manufacturer of a mobile crane is kept with the crane and is accessible to the operator when operating the crane.
2001-33
Use, operation and equipment
213.11An employer shall ensure that a mobile crane
(a) is used only for the purposes for which it is designed and equipped,
(b) is operated by a competent person,
(c) is equipped with adequate chassis brakes,
(d) is equipped with a manually operated horn,
(e) has a rear-view mirror or other means of ensuring that the equipment can be safely manoeuvred back and forth,
(f) when wheel mounted, is equipped with an audible back-up alarm that operates automatically when the equipment is in reverse and that is clearly audible above the background noise,
(g) when crawler mounted, is equipped with an audible motion detector that operates automatically when the crane is in motion and that is clearly audible above the background noise,
(h) is equipped with adequate headlights and tail lights when used after dark or in dimly lit areas,
(i) has gears and moving parts adequately guarded,
(j) has controls that cannot be operated from outside the cab unless the controls are designed to be operated from outside the cab,
(k) has any load on it adequately secured, and
(l) is provided with a three point contact to access the operator’s cab.
2001-33
Duty of operator
213.2(1)An operator of a mobile crane shall
(a) ensure that a person does not ride on any part of the crane not designed to carry passengers,
(b) not set a crane in motion until all air and hydraulic pressures are fully built up to specified operating pressures,
(c) follow a safe refueling procedure,
(d) not store containers of gasoline, diesel oil or other flammable substances in the cab,
(e) not carry loose articles in the cab that would pose a hazard to the safe operation of the crane, and
(f) keep the crane in gear when going downhill.
213.2(2)An operator of a mobile crane shall, when leaving the crane unattended,
(a) secure it against movement,
(b) set the brake,
(c) not leave a load suspended,
(d) engage the swing lock and swing brake,
(e) leave the controls in neutral,
(f) disengage the master clutch,
(g) stop the engine, and
(h) remove the key.
2001-33
Inspection and certification
213.21(1)An employer shall ensure that a mobile crane is inspected every twelve months by an engineer or a competent person who is supervised by an engineer.