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Part II .

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Occupational Safety General Regulations

made under

Section 82 of the

Occupational Health and Safety Act

S.N.S. 1996, c. 7

O.I.C. 1999-195 (effective Apr 28, 1999), N.S. Reg. 44/1999

amended to O.I.C. 2013-65 (effective June 12, 2013), N.S. Reg. 53/2013

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Part 1 - Title and

Definitions

Citation

Definitions

Part 2 - General

Application

Duties of parties

Conflict with these regulations

Compliance with standards incorporated by reference

Compliance with policies, procedures, plans and codes of practice

Communicating and updating policies, procedures, plans and codes of practice

Consulting with Committee on policies and procedures

Employer to keep records

Part 3 - Personal Protective Equipment

Use of personal protective equipment

Hazard to eyes, face or neck

Hazard to head

Hazard to foot or skin

Respiratory hazard

Risk of drowning

Part 4 - Ventilation, Lighting, Sanitation and Accommodation

Ventilation

Lighting

Drinking water

Toilets

Hand-cleaning facilities

Eating areas

Work clothes and change rooms

Emergency showers and eyewashes

Waste material and debris

Fire protection and escape

Part 5 - Handling and Storage of Material

General handling of objects and material

Bulk material in bins, hoppers and tanks

Piled material

Hazardous substance storage

Rechargeable storage batteries

Compressed gas

Portable compressed gas cylinders

Refuelling

Part 6 - Lock-out

Interpretation, application, control and energizing

Lock-out procedure

Part 7 - Hoists and Mobile Equipment

General provisions

Signaller

Safety equipment and precautions

Overhead protection

Rollover protection

Glass

Precautionary arrangements

Visibility

Operating precautions

Hoists

Mobile cranes

Rigging hardware

Lift trucks

Part 8 - Mechanical Safety

General provisions

Contact with machines

Safeguards

Starting and stopping machines

Chain saws

Automotive pits

Tire repair and mounting

Conveyors

Abrasive wheels and grinders

Compressed air used for cleaning

Space heating equipment

Part 9 - Tools

General provisions

Portable power-operated hand tools

Powder-actuated tools

Part 10 - Welding, Cutting, Burning and Soldering

General provisions

Work on containers

Gas welding and allied process

Acetylene

Part 11 - Electrical Safety

General provisions

Personal protective equipment

Hazardous work

Plan of electrical installation

Electrical rooms

Part 12 - Confined Space Entry

Application and

interpretation

Assessment and written procedures

Certification of confined space conditions

Purging and further testing

Response to hazardous condition

Protective equipment and security measures

Respiratory protective equipment

Hazard of electrical shock

Part 13 - Premises and Building Safety, Construction and Demolition

Walking surfaces

Access and exit

Stairways

Ramps

Catwalks

Ladders

Underground utility lines

Bracing and supports

By-stander safety

Construction work in compressed air

Demolition

Part 14 - Excavations and Trenches

Part 15 - Surface Mine Workings

Interpretation

Marking location and control of entry

Roadways and vehicles

Overburden

Notice of operation

Inspections

Wall or working face

Work procedures

Part 16 - Equipment for Firefighters

Application and

interpretation

Protective headwear

Protective footwear

Protective handwear

Protective coat and trousers

Respiratory protective equipment

Body harnesses and safety ropes

Portable ladders

Aerial devices

Battery powered lights

Industrial firefighters

Part 1 - Title and

Definitions

Citation

1 These regulations may be cited as the Occupational Safety General Regulations .

Definitions

2 In these regulations,

(a) “Act” means the Occupational Health and Safety Act ;

(aa) “adequate” means sufficient to protect a person from injury or damage to

health;

(b) “ALI” means the Automotive Lift Institute;

(ba) “angle of repose” means the angle with the horizontal at which material will

no longer flow freely;

(c) “ANSI” means the American National Standards Institute;

(ca) “approved” means approved by the Department or by an agency or authority

designed or selected by the Department to make approvals;

(d) “ASME” means the American Society of Mechanical Engineers;

(e) “ASTM” means the American Society for Testing and Materials;

(ea) “CGA” means the Compressed Gas Association;

(f) “CGSB” means the Canadian General Standards Board;

(g) “competent person” means a person who is

(

i) qualified because of their knowledge, training and experience to do the

assigned work in a manner that ensures the health and safety of every

person in the workplace, and

(ii) knowledgeable about the provisions of the Act and regulations that

apply to the assigned work, and about potential or actual danger to

health or safety associated with the assigned work;

(ga) “compressed air” means air mechanically raised to a pressure higher than

atmospheric pressure;

(h) “CSA” means the Canadian Standards Association;

(i) “demolition” means the destruction or removal of all, or part, of an existing

building or structure;

(ia) “department” means the Department of Labour and Advanced Education.

(j) “designated” means, in relation to an employer, appointed in writing by the

employer;

(k) “electrical installation” means the wires, machinery, apparatus, appliances,

devices, material and equipment used or intended for use for the generation,

transmission, distribution, supply and use of electrical power or energy, and

includes a power line and power line equipment;

(l) “engineer” means a person who is registered as a member or licensed to

practise under the Engineering Profession Act and is competent to do the

work being performed;

(m) “firefighter” means

(

i) an employee who provides fire suppression services to the public from a

fire department within a municipality or local service district, or

(ii) an industrial firefighter;

(n) “guardrail” means a fall protection system consisting of vertical and

horizontal members that

(

i) are capable of withstanding concentrated forces, as prescribed in these

regulations or an applicable standard,

(ii) warn of a fall hazard, and

(iii) reduce the risk of a fall;

(o) “hazardous substance” means chemical or biological material, dangerous

goods within the meaning of the Dangerous Goods Transportation Act or a

controlled product within the meaning of the Hazardous Products Act

(Canada) that is likely to, because of its harmful nature, cause injury or

damage to the health or safety of a person exposed to it;

(p) “hoist” means a device or equipment and its structure used for lifting or

lowering material, including cranes, an automotive lift, a winch, a chain fall or

other similar device, but does not include a lift truck, a power operated

elevating work platform, a device to which the Elevators and Lifts Act applies

or a hoist that operates in a shaft in the underground at a mine;

(pa) “ITSDF” means the Industrial Truck Standards Development Foundation;

(q) “industrial firefighter” means an employee who

(

i) is designated to fight fires at the employee’s place of employment, and

(ii) is employed by an employer who does not, in the normal course of its

business, provide fire suppression services to the public;

(qa) “latest version” means, in relation to a standard or other publication, the latest

edition of the standard or publication as supplemented, amended, added to,

replaced or superseded;

(r) “lift truck” means a lift truck as defined in the latest version of ANSI standard

ANSI/ITSDF B56.1, “Safety Standard for Low Lift and High Lift Trucks”;

(s) “locked out” means to have

(

i) isolated the energy source or sources from a machine, equipment, tool

or electrical installation,

(ii) dissipated any residual energy in a system, and

(iii) secured the isolation of the energy source or sources by an inhibiting

device that is operated by a key or other process,

and to have performed a “lock-out” has a similar meaning;

(t) [repealed]

(u) “manufacturer’s specifications” means

(

i) the written instructions of a manufacturer of a machine, material, tool or

equipment that outline the manner in which the machine, material, tool

or equipment is to be erected, installed, assembled, started, operated,

used, handled, stored, stopped, adjusted, carried, maintained, repaired,

inspected, serviced, tested, cleaned or dismantled, and

(ii) a manufacturer’s instruction, operating or maintenance manual and

drawings respecting a machine, tool or equipment;

(ua) “mobile crane” means a mobile crane to which the latest version of CSA

standard CSA Z150, “Safety Code on Mobile Cranes” applies;

(v) “NFPA” means the National Fire Protection Association;

(va) “overhead crane” means any mechanical device or structure that is used to

raise, lower and move material that travels overhead and that incorporates a

(

i) power driven drum, bridge and cable or rope,

(ii) single or multiple girder, and

(iii) moveable bridge carrying a moveable or fixed hoisting mechanism,

but does not include wall cranes, cantilever gantry cranes and semi-gantry

cranes;

(vb)“personal flotation device” means personal protective equipment that is

capable of supporting a person with their head above water without the direct

effort of the person wearing the equipment;

(w) “power line” means the above-ground or underground wiring that is used to

distribute electricity;

(x) “power line equipment” means the components that are required to distribute

electricity by means of a power line;

(y) “power operated elevating work platform” means a mobile horizontal working

surface that provides access and support to a person at a workplace, and that is

elevated and lowered by means of a mechanism and [that complies with]

Part

23: Scaffolds and Other Elevated Work Platforms, of the Workplace Health

and Safety Regulations made under the Act;

(z) “powered mobile equipment” means self-propelled equipment that is designed

to operate on land in conditions other than a public highway, but does not

include equipment primarily designed to transport persons, a lift truck or a

power operated elevating work platform;

(aa) “SAE” means the Society of Automotive Engineers;

(ab) “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 constructed by human effort;

(ac) “surface mine” means a work or undertaking, other than a trench, for the

purpose of opening up, proving, removing or extracting any metallic or non-metallic mineral or mineral bearing substance, rock, earth, clay, sand or gravel

by means of an open excavation, and includes a pit or quarry;

(ad) “tower crane” means any mechanical device or structure that

(

i) incorporates a power-driven drum and cable or rope and a vertical mast

or tower and a jib,

(ii) is of the traveling, fixed or climbing type, and

(iii) is used exclusively for raising, lowering and moving material;

(ae) “trench” means an excavation in which the excavation depth exceeds the

excavation width;

(af) “work area” means a location at the workplace at which an employee or self-employed person is or is likely to be working;

(ag) “worked” means drilled, blasted, extracted, excavated, loaded or subjected to

other similar work.

Part 2 - General

Application

3 These regulations apply to all workplaces to which the Occupational Health and Safety

Act applies, unless otherwise expressly provided in these regulations.

Duties of parties

(1) A duty imposed by these regulations on an employer, is also imposed on any

contractor, constructor, supplier, employee, owner or self-employed person, to the

extent of the contractor’s, constructor’s, supplier’s, employee’s, owner’s or self-employed person’s authority and ability to discharge the duty in the circumstances.

(2) For the purpose of applying

Section 23 of the Act and determining the person with

the greatest degree of control,

(

a) the person with the greatest authority and ability to ensure that a duty is

discharged or a requirement is met is presumed to be the person with the

greatest degree of control over the matter that is the subject of the duty or the

requirement; and

(

b) a provision in a lease or other agreement relating to property rights that gives

a specified owner authority to control an aspect of lands or premises that are

used as a workplace, is prima facie evidence that the specified owner has the

greatest degree of control over that aspect of the land or premises.

Conflict with these regulations

(1) If there is any conflict between these regulations and a manufacturer’s

specifications or a standard incorporated by reference into these regulations, these

regulations prevail.

(2) Despite a requirement in these regulations to comply with a standard or other

publication incorporated by reference into these regulations, an express

requirement of these regulations that varies from the standard or publication

prevails over the standard or publication.

Compliance with standards incorporated by reference

(1) Except as otherwise specified in these regulations, an object that is required by

these regulations to comply with the latest version of a standard must conform to

the physical specifications contained in the latest version of the standard unless

there is no evidence raising a reasonable doubt as to whether the object is adequate

and the object meets of the following:

(

a) the object conforms to the physical specifications contained in the latest

version of the standard as of the object’s date of manufacture;

(

b) no version of the standard existed at the object’s date of manufacture but the

object conforms to generally accepted engineering principles prevailing at the

object’s date of manufacture.

(2) Except as otherwise provided in these regulations, any activity in relation to an

object, including inspection, maintenance and use, that is required by these

regulations to comply with the latest version of a standard must comply with the

latest version of the standard unless it is established that compliance with 1 of the

following is more likely to ensure adequate performance of the object:

(

a) an earlier version of the standard;

(

b) generally accepted engineering principles prevailing at the object’s date of

manufacture.

(3) If these regulations require that an object or activity comply with the specifications

of a standard, whether a specific edition or the latest version, then a person must

comply with the standard and use that object or do that activity in accordance with

the standard unless these regulations specifically provide otherwise.

(4) An employer must ensure that a person using an object or performing an activity

required to comply with the specifications of a standard, whether a specific edition

or the latest version, is trained in accordance with the standard, and the person

must undergo the training, unless these regulations specifically provide otherwise.

(5) For the first 3 calendar months after a standard or publication is issued, including

the month it is issued, a person is in compliance with these regulations if they

comply with

(

a) the version or edition of the standard or publication required by these

regulations; or

(

b) the version or edition of the standard or publication issued immediately

before the version or edition required by these regulations.

Compliance with policies, procedures, plans and codes of practice

(1) An employer must ensure that any written policy, procedure, plan or code of

practice is adequate and implemented.

(2) Each person required to perform a function under a written policy, procedure, plan

or code of practice must be trained generally in respect of the policy, procedure,

plan or code of practice, and trained in particular in the requirements relating to

their functions.

(3) A person must comply with all written policies, procedures, plans and codes of

practice established for the purposes of the Act and these regulations, including

undergoing any training required.

Communicating and updating policies, procedures, plans and codes of practice

7A

(1) In addition to any specific requirements under the Act, an employer must ensure

that all policies, procedures, plans and codes of practice are

(

a) made available at the applicable work area at all times;

(

b) reviewed with any affected persons, including any person planning work,

before work is undertaken;

(

c) updated whenever conditions affecting work change.

(2) Before any work is undertaken, an employer must ensure that the necessary

information, instruction, training, supervision, facilities and equipment are

provided to implement any part of a policy, procedure, plan or code of practice

applicable to a workplace.

Consulting with Committee on policies and procedures

7B An employer establishing or reviewing a written policy, procedure, plan or code of

practice for the purpose of the Act or these regulations must do so in consultation with the

committee or representative, if any.

Employer to keep records

(1) Except as specified in subsection (2) or otherwise specified in these regulations, an

employer must keep a record referred to in these regulations for at least 5 years

after the date the record was made.

(2) An employer must keep records set out in the following table for the periods of

time specified:

Record

Minimum length of time kept

inspection reports or orders received

from the Division

2 years after the date the report or order

is received

written procedures, plans or codes of

practice

2 years after the date the procedure,

plan or code of practice is replaced or

cancelled

records made by the employer of

inspection, maintenance or repair work

2 years after the date the record is

made

8A [repealed]

Part 3 - Personal Protective Equipment

Use of personal protective equipment

(1) An employer shall ensure that adequate personal protective equipment or devices

required for an assigned task are used, based on

(

a) the nature of the task;

(

b) the location and conditions of the workplace; and

(

c) any hazards that may affect the health and safety of persons in the workplace.

(2) Where personal protective equipment or devices are required under the Act or

these regulations, an employer shall ensure that

(

a) an employee receives adequate training in the proper use and care of the

personal protective equipment or devices; and

(

b) an employee wears or uses the personal protective equipment or devices in

accordance with the instruction and training provided.

(3) An employer shall ensure that all personal protective equipment or devices

required under the Act or these regulations are

(

a) maintained by a competent person; and

(

b) tested or visually inspected before each use,

in accordance with the manufacturer’s specifications.

(4) Where a person identifies any defect in personal protective equipment or devices

that may impair the adequacy of the equipment or devices, the employer shall

ensure that the personal protective equipment or devices are not used until they are

repaired.

9A An employee shall wear or use personal protective equipment or devices as required

under clause 9(2)(b).

Hazard to eyes, face or neck

(1) Where a person is exposed to a hazard that may irritate or injure the eyes, face, or

front of the neck, an employer shall ensure that protective equipment is worn that

is appropriate to the hazard and that complies with CSA standard CSA Z94.3,

“Industrial Eye and Face Protectors”.

(2) Subsection (1) does not apply if a person operating a chain saw is wearing

adequate face protection as a substitute for the protective equipment referred to in

subsection (1).

Hazard to head

11 Where a person is exposed to a hazard that may injure the person’s head, an employer

must ensure that protective equipment is worn that is appropriate to the hazard and that

complies with 1 of the following standards:

(

a) the latest version of CSA standard CSA Z94.1, “Industrial Protective

Headwear”; or

(

b) the latest version of ANSI standard ANSI Z89.1, “Industrial Head Protection”.

Hazard to foot or skin

(1) Where a person is exposed to a hazard that may injure the person’s foot, an

employer shall ensure that protective equipment is worn that is appropriate to the

hazard and that complies with the latest version of CSA standard CSA Z195,

“Protective Footwear”.

(2) Where a person is exposed to a hazard that may injure the skin, an employer shall

ensure that adequate protection is worn or used.

Respiratory hazard

(1) Where a person is exposed to a respiratory hazard that may cause injury or disease,

an employer shall provide and ensure the use of an adequate respirator that is

appropriate to the hazard.

(2) An employer shall ensure that the compressed breathing air used in a respirator

complies with or exceeds the latest version of CSA standard CAN3-Z180.1,

“Compressed Breathing Air and Systems”.

(3) An employer shall ensure compliance with the latest version of CSA standard CSA

Z94.4, “Selection, Use, and Care of Respirators”, in respect of

(

a) the selection, use, maintenance and testing of a respirator; and

(

b) the training of users of a respirator

(4) [repealed]

Risk of drowning

(1) Where a person is exposed to the risk of drowning at a workplace, an employer

must do 1 of the following:

(

a) subject to subsection (2), select, provide and ensure the use of a life jacket or

personal floatation [flotation] device for the person;

(

b) provide an alternative means of protection that ensures an equivalent level of

safety to prevent a person from drowning.

(2) If a person working alone is exposed to the risk of drowning and is not visible to or

within hearing distance of another person who is in a position to immediately come

to their aid, an employer complying with clause (1)(

a) must ensure the life jacket or

personal flotation device selected, provided and used by the person is designed to

provide buoyancy without any effort by the user and to rotate an unconscious

person to an upward facing position in the water.

(3) A life jacket or personal floatation [flotation] device selected in accordance with

clause (1)(

a) or required by subsection (2), must meet all of the following

requirements:

(

a) it is approved by Transport Canada, Canadian Coast Guard or US Coast

Guard;

(

b) it is appropriate for the weight of the person who will wear it;

(

c) it has sufficient buoyancy to keep the person’s head above water.

(4) Where a person is exposed to the risk of drowning at a workplace, an employer

must provide all of the following rescue equipment:

(

a) a life buoy with 15 m of polypropylene rope that is at least 10 mm in diameter

or that is made from material that provides an equivalent level of protection;

(

b) a boat hook;

(

c) an audible alarm system to notify of an accident and to initiate the rescue

procedure;

(

d) an adequate motor boat to ensure a safe and timely rescue, if appropriate.

(5) Where a person is exposed to the risk of drowning at a workplace, an employer

must ensure that enough employees are

(

a) designated to perform specific rescue tasks;

(

b) informed as to adequate rescue procedures; and

(

c) trained in the rescue procedures and use of rescue equipment so that they can

perform rescue operations safely.

(6) Where work is being done above water that has a fast current, if reasonably

practicable, a line that meets all of the following criteria must be placed across the

water:

(

a) it is made of polypropylene rope that is 10 mm in diameter or material that

provides an equivalent level of protection;

(

b) it has buoys or some other flotation device attached to it.

(7) A person that is exposed to the risk of drowning must wear a life jacket or personal

flotation device as required by this Section.

Part 4 - Ventilation, Lighting, Sanitation and Accommodation

Ventilation

15 An employer shall

(

a) provide for a supply of fresh air into, and the removal of air from, a workplace

or part thereof that is, so far as is reasonably practicable, sufficient to

(

i) keep the air reasonably pure, and

(ii) render harmless all gases, vapours, dust or other impurities that are

likely to endanger the health or safety of any person therein;

(

b) where a process is carried on that produces a gas, vapour, dust or other

impurity that is likely to be inhaled to an injurious extent by a person in the

workplace, provide and use such mechanical means as are capable of

(

i) preventing such inhalation so far as is reasonably practicable,

(ii) effectively carrying off and disposing of the impurity, and

(iii) preventing the recirculation and re-entry into the workplace of air

containing the impurity; and

(

c) ensure that all ventilation systems used for controlling the dissemination of

gases, vapours, dust or other impurities, including their collection systems and

emptying processes, are designed, installed, operated, maintained and repaired

in an adequate manner by a competent person.

Lighting

(1) An employer shall ensure the provision of lighting that is sufficient for the type of

work being done considering

(

a) the quantity of illumination; and

(

b) the quality of illumination, including reflectance, direct glare and reflected

glare.

(2) Where it is reasonably practicable, an employer shall use the latest version of the

applicable standard listed below to determine the lighting required by subsection

(1):

(

a) ANSI standard ANSI/IES-RP-7, “American National Standard Practice for

Industrial Lighting”;

(

b) ANSI standard ANSI/IESNA RP-1, “American National Standard Practice for

Office Lighting”.

(c) [repealed]

17 Where failure of the normal lighting system may constitute a danger to the health or

safety of a person, the employer shall ensure that emergency lighting is available.

Drinking water

(1) An employer shall, where reasonably practicable, make accessible sufficient

potable water for drinking and hand-cleaning that

(

a) is close enough to the work area that neither drinking nor washing is

inhibited;

(

b) is no further away than 200 m from the work place; and

(

c) meets the standards set out in the latest version of the Guidelines for

Canadian Drinking Water Quality published by the federal Department of

Health.

(2) Where drinking water is not taken directly from a water pipe, an employer shall

ensure that it is kept in a container that is covered in an adequate manner and, if

used by more than one person, that the container is equipped with a faucet.

(3) An employer shall, where reasonably practicable, make accessible individual

sanitary drinking vessels or cups to be used with drinking water, except where the

drinking water is delivered in an upward jet from which a person may drink.

(4) Where outlets exist for both drinking water and water not suitable for drinking, an

employer shall appropriately and clearly label the outlets.

Toilets

(1) An employer shall make accessible a minimum number of toilets for each gender,

determined according to the maximum number of persons of each gender who are

normally employed at any one time at the same workplace, as follows:

(

a) where the number of persons does not exceed 9, 1 toilet;

(

b) where the number of persons exceeds 9 but does not exceed 24, 2 toilets;

(

c) where the number of persons exceeds 24 but does not exceed 49, 3 toilets;

(

d) where the number of persons exceeds 49 but does not exceed 74, 4 toilets;

(

e) where the number of persons exceeds 74 but does not exceed 100, 5 toilets;

and

(

f) where the number of persons exceeds 100, 5 toilets and 1 toilet for every 30

such persons in excess of 100.

(2) Despite subsection (1), where a workplace, such as a motor vehicle or an isolated

small temporary workplace such as a logging operation or a survey site, does not

have running water or sewage facilities, an employer shall ensure that the toilets

required in subsection (1) are accessible where it is reasonably practicable.

(3) Despite subsection (1), where the total number of persons normally employed in

the workplace at any one time does not exceed 9, an employer may provide 1 toilet

for both male and female persons if the toilet is situated in a room with an entrance

door that is fitted on the inside with a locking device.

(4) Despite subsection (1), where more than 2 toilets are required for male employees,

an employer may substitute urinals for up to ⅔ of the required number of toilets.

(5) An employer shall ensure that toilets are of the water flush, chemical, self-contained portable or other similar types of toilets.

(6) An employer shall ensure that a toilet facility required by these regulations is

(

a) within easy access of a person’s workplace;

(

b) enclosed so that a person is sheltered from view and protected from the

natural elements;

(

c) adequately ventilated and illuminated;

(

d) heated, where reasonably practicable;

(

e) kept in a clean and sanitary condition;

(

f) provided with a sufficient supply of toilet paper;

(

g) provided with a waste receptacle;

(

h) maintained in working condition; and

(

i) in the case of a self-contained unit, emptied and serviced at intervals to ensure

that the unit does not overflow.

(7) An employer shall ensure that an employee has reasonable opportunities to use the

toilet facilities.

Hand-cleaning facilities

(1) Where the workplace has running water, an employer shall provide a wash basin or

equivalent hand-cleaning facility in a room with 1 toilet and sufficient additional

wash basins or equivalent hand-cleaning facilities in the room for additional toilets

or urinals.

(2) Where the workplace does not have running water and toilet facilities are provided,

an employer shall provide hand-cleaning facilities or supplies.

(3) An employer shall provide a hand-cleaning facility and supplies as close to any

toilet as is reasonably practicable.

(4) Where a person works in an area that is exposed to a hazardous substance that may

contaminate food, an employer shall provide the person with the opportunity,

facilities and supplies for hand cleaning.

(5) Where a wash basin is provided, an employer shall provide

(

a) hot and cold running water;

(

b) soap or other appropriate cleansers; and

(

c) sufficient sanitary hand-drying facilities.

Eating areas

(1) Where the possibility of contamination of food from a hazardous substance exists

in a work area, an employer shall provide an enclosed eating area separate from the

work area.

(2) The eating area referred to in subsection (1) shall be

(

a) kept in a sanitary condition; and

(

b) adequately provided with

(

i) light, heat and ventilation,

(ii) tables and seating sufficient for the number of persons who use the

eating area at any one time, and

(iii) garbage receptacles.

(3) No person shall store food or drink in an area where the food or drink may be

contaminated by a hazardous substance.

Work clothes and change rooms

(1) Where the nature of a person’s work makes it necessary for the person to change

out of street clothes and into work clothes to protect the person’s health or safety,

an employer shall provide a changing room and storage for the person’s street

clothes and work clothes that will prevent the clothes from becoming wet or dirty.

(2) Where a person’s work clothes are liable to be contaminated so that the health or

safety of a person may be adversely affected by exposure to the clothes when

contaminated, an employer shall provide

(

a) work clothes for the person’s use;

(

b) storage for the person’s street clothes and work clothes that will prevent the

street clothes from becoming wet, dirty or contaminated;

(

c) a changing room; and

(

d) for work clothes to be cleaned as necessary.

(3) Where an employee’s skin may be contaminated by a hazardous substance, an

employer shall provide a shower facility if it is reasonably practicable.

(4) For the purposes of subsection (3), the employer shall provide a shower facility

that includes

(

a) a number of showers for each gender determined according to the maximum

number of persons of each gender who are normally employed at the same

workplace and who are exposed as described in subsection (3) at any one time

as follows:

(

i) where the number of employees does not exceed 10, 1 shower, and

(ii) an additional shower for each unit of 10 additional employees of each

gender;

(

b) a sufficient water supply that can be manually adjusted to come within a range

of 35°C and 45°C; and

(

c) sufficient soap and towels.

Emergency showers and eyewashes

(1) Where a person’s skin or eyes may be acutely affected by an exposure to a caustic,

acidic or other hazardous substance, an employer shall provide 1 of the following

in the work area where the exposure may occur:

(

a) an emergency shower;

(

b) an eye wash fountain;

(ba) enough flushing fluid to last at least 15 minutes;

(

c) other equipment sufficient for removal of the substance.

(2) An eye wash or shower equipment that is used must meet all of the following

requirements:

(

a) it must comply with the requirements of the latest version of ANSI standard

ANSI/ISEA Z358.1, “American Standard for Emergency and Shower

Equipment”;

(

b) it must be installed, operated, inspected and maintained in accordance with

the manufacturer’s instructions;

(

c) it must be located so that there is an unobstructed path to the equipment and

the user can access the equipment within 10 seconds of exposure;

(

d) it must provide sufficient flushing fluid at sufficient pressure for the greater of

(i) 15 minutes, and

(ii) the time indicated on the MSDS sheet;

(

e) it must have the instructions for use and an expiration date permanently

affixed to the unit.

Waste material and debris

24 An employer must ensure that, on a regular basis, waste material and debris are

(

a) collected or positioned so as to prevent a hazard; and

(

b) removed from a workplace to a suitable disposal area.

Fire protection and escape

(1) An employer shall ensure that adequate fire protection is provided in the

workplace.

(2) An employer shall inspect, maintain and service the fire protection equipment

required in subsection (1) in accordance with the manufacturer’s specifications.

(2A) In addition to any requirements that the specifications under subsection (2) may

impose respecting fire extinguishers, an employer must ensure that all fire

extinguishers are inspected annually.

(3) In determining the type and quantity of fire protection required in subsection (1),

an employer must consider all of the following:

(

a) where the workplace is an occupied or enclosed structure, the requirements of

the National Fire Code , as adopted and modified under the Fire Safety Act

and the Fire Safety Regulations made under that Act;

(

b) where the workplace is a project, the requirements of the National Building

Code of Canada , as adopted and modified under the Building Code Act and

the Nova Scotia Building Code Regulations made under that Act.

(4) Subject to any requirements in the legislation, regulations or codes referred to in

subsection (3), unless each person present in the workplace has suitable keys to all

doors that are required to be open to exit the premises, no person shall lock, bolt or

bar a door while a person is present in the workplace, if doing so would prevent a

person from exiting a work area.

(5) The requirements of subsection (4) do not apply to a room in which a legally

restrained person is located and other means of protection from fire are provided.

Part 5 - Handling and Storage of Material

General handling of objects and material

26 Where the lifting or moving of a thing or person may be a hazard to the health or safety of

a person at the workplace, an employer shall ensure that

(

a) adequate and appropriate equipment for the lifting and moving is provided;

and

(

b) training and instruction as to the appropriate method of performing the lifting

and moving is provided in accordance with the equipment manufacturer’s

instructions, or, where there are no equipment manufacturer’s instructions, in

accordance with adequate work methods and lifting and moving techniques.

(1) An employer shall ensure that where rubbish or debris is moved, it is carried in

suitable containers, or moved by means of chutes or other safe methods that

provide an equivalent degree of protection.

(2) An employer shall ensure that a chute or other safe method that provides an

equivalent degree of protection is used where rubbish or debris is lowered more

than 6 m vertically.

(3) Subsections (1) and (2) do not apply during demolitions if

(

a) a heavy weight suspended by a cable from a crane or other hoist; or

(

b) a power shovel, bulldozer or other powered mobile equipment,

is used to conduct the demolition.

28 An employer shall ensure that a chute

(

a) is well constructed and rigidly fastened;

(

b) if at more than 45° to the horizontal, is enclosed on all sides; and

(

c) has an adequate gate on every loading entrance and at the bottom.

29 An employer shall ensure that the entrance to a chute

(

a) has a 100 mm by 100 mm or larger curb or cleat, where the entrance is at or

below the floor level;

(

b) is not more than 1.2 m above the floor; and

(

c) is kept closed when not in use.

Bulk material in bins, hoppers and tanks

30 An employer shall ensure that a bin, hopper, tank or other similar structure used to store

combustible bulk material

(

a) has a lid, an adequate ventilation system and is fire resistant; or

(

b) has alternative measures that provide an equivalent level of safety.

31 Where a person is likely to be endangered by clogs in bulk material stored in a bin,

hopper, tank or other similar structure, an employer shall establish a written work

procedure for the safe breaking up of clogs and shall ensure that a copy of the work

procedure is readily available near the bin, hopper, tank or structure.

Piled material

32 An employer shall ensure that piled material is

(

a) located so as not to interfere with

(

i) illumination,

(ii) ventilation,

(iii) means of access and exit,

(iv) passageways or traffic lanes,

(

v) the operation of machines,

(vi) sprinklers and firefighting equipment, or

(vii) electrical panels or energized electrical power lines;

(

b) located on a firm foundation that is able 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 designed to support the load;

(

d) arranged in a manner that makes it stable;

(

e) protected from conditions that may significantly damage the structural

integrity of any container used to store the material; and

(

f) regularly inspected for hazards.

33 Where pipes, bar stock or other material or objects may create a hazard by rolling, an

employer shall ensure that the piled material is stacked in a manner to prevent rolling.

(1) Where unconsolidated bulk material is stockpiled, an employer must

(

a) ensure that it is inspected by a competent person to determine if it is in a safe

condition before a person is permitted to work close to or on the pile; and

(

b) comply with the requirements of Sections 185 to 189 of these regulations.

(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 the angle of

repose;

(

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; or

(

c) the work is performed in accordance with written specifications and a written

safe work procedure certified by an engineer, following consultation with the

committee or representative, if any.

(3) Where the face of unconsolidated bulk material is undermined or undercut by

means of powered mobile equipment, an employer shall ensure that the

undermining or undercutting is

(

a) restricted to the depth of the bucket of the powered mobile equipment;

(

b) permitted only when the approach of the powered mobile equipment is at a

90° angle plus or minus 5° to the face of the material; and

(

c) performed in accordance with written specifications and a written safe work

procedure certified by an engineer, following consultation with the committee

or representative, if any.

(4) Where unconsolidated material is loaded or unloaded from a vehicle or equipment,

an employer shall ensure that adequate precautions are taken to ensure that the

vehicle or equipment does not overturn.

35 [repealed]

Hazardous substance storage

(1) An employer shall ensure that a container used for storing a hazardous substance is

designed, constructed and maintained in an adequate manner.

(2) In determining whether or not a container is adequate, an employer shall consider

(

a) the material safety data sheet for the substance, if one exists;

(

b) information provided by the supplier;

(

c) whether there is a means of ensuring that a leak can be readily detected;

(

d) the location where the container is stored, including

(

i) the foundation on which the container is placed, and its ability to resist

reaction with the hazardous substance, and

(ii) the need for overflow pipes, catch basins and other similar devices to

ensure that the contents of the hazardous substance are contained in case

of a leak; and

(

e) the need to ensure that the container does not significantly corrode from

exposure to the hazardous substance in the container.

37 Where a container has been used to store a hazardous substance and the container will not

be refilled with the same or a compatible substance, an employer shall ensure that the

container is cleaned in an adequate manner without undue delay, unless the container is

rendered unusable.

(1) In this

Section “carboy” means a bottle or container for liquids of a 20 L capacity

or greater, but less than 75 L, and made of glass, plastic or metal.

(2) An employer shall ensure that a carboy containing a liquid hazardous substance is

(

a) if the carboy is made of glass, individually encased in a basket or box or other

suitable container cushioned with noncombustible packing during

transportation;

(

b) stored with compatible material in a storage area or building with flooring that

is resistant to the chemical being stored;

(

c) not piled on top of another carboy, unless piled in accordance with the

manufacturer’s specifications;

(

d) placed in a suitable storage rack or on strips laid on the floor; and

(

e) stored in accordance with the manufacturer’s specifications.

(3) [repealed]

39 Where a hazardous substance is likely to create a hazard if it reacts with another

substance, an employer shall ensure that the substances are stored separately.

(1) An employer shall ensure that piping and associated equipment is

(

a) constituted of material that will not significantly deteriorate because of any

hazardous substance contained within it; and

(

b) maintained in adequate operating condition.

(2) For each pipe and associated equipment referred to in subsection (1), an employer

shall establish an inspection

schedule and conduct inspections according to that

schedule.

41 Where a hazardous substance is used in a workplace in such quantities that a spill could

affect the health or safety of a person, an employer shall ensure that

(

a) it is kept only in working quantities in areas where a person is working;

(

b) a written emergency procedure that includes the use of emergency equipment,

if necessary, is established for use in the event of escape of a hazardous

substance; and

(

c) any spillage of a hazardous substance is immediately cleaned up in an

adequate manner.

Rechargeable storage batteries

(1) An employer shall ensure that the electric charging of rechargeable storage

batteries is performed in accordance with the battery manufacturer’s specifications.

(2) Where the electric charging of rechargeable storage batteries is routinely

performed, and there are reasonable grounds to believe that contaminants are likely

to be generated during the charging process, an employer shall obtain an

assessment in writing from a competent person, who shall

(

a) consult with the committee or representative, if any; and

(

b) determine whether the charging is likely to cause an explosive mixture of

hydrogen or the release of another hazardous substance.

(3) Where the assessment referred to in subsection (2) determines that the electric

charging of rechargeable storage batteries is likely to cause an explosive mixture of

hydrogen or the release of another hazardous substance, an employer shall ensure

that

(

a) electric charging is performed in a designated area or room that

(

i) is adequately ventilated to prevent the accumulation of flammable gases,

(ii) is marked at the entrance with a notice prohibiting smoking or open

flames,

(iii) has a floor made of non-sparking material, and

(iv) where rechargeable 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;

and

(

b) a person who connects or disconnects rechargeable storage batteries for the

purpose of electric charging uses non-sparking tools.

(4) An employer shall ensure that a competent person prepares a written review of the

assessment required in subsection (2) on an annual basis or when there is a change

in the process or volume of electric charging, whichever is the lesser period of

time.

(5) Where electrolyte is spilled, an employer shall ensure that the spill is immediately

cleaned up in an adequate manner to neutralize the electrolyte.

(1) An employer shall ensure that a competent person changes or charges a

rechargeable storage battery.

(2) Where a rechargeable storage battery is charged, or filled with or drained of

electrolyte, an employer shall

(

a) provide an employee performing this work with

(

i) goggles and a face shield,

(ii) acid resistant gloves, and

(iii) an acid resistant apron; and

(

b) ensure that an employee uses this personal protective equipment while

performing this work.

44 An employer shall ensure that a rechargeable storage battery

(

a) is adequately secured when in use or during charging;

(

b) has unobstructed ventilation openings; and

(

c) where it contains an electrolyte and is of no further use, is disposed of in a

manner that prevents unintentional spillage of electrolyte.

Compressed gas

(1) An employer shall ensure that compressed gas in a container is used, stored and

handled in an adequate manner.

(2) For the purpose of subsection (1), the latest version of Compressed Gas

Association standard CGA P-1, “Safe Handling of Compressed Gases in

Containers” is presumed to indicate the required standard of reasonable care,

unless an employer proves that this is not reasonably practicable in a particular

circumstance.

(1) An employer shall ensure that a regulator, automatic reducing valve, gauge, hose

line or other equipment provided for use with a compressed gas cylinder and a

particular gas or group of gases, is not used on a compressed gas cylinder

containing a different gas unless this use is approved by the supplier of the

regulator, automatic reducing valve, gauge, hose line or other equipment.

(2 ) An employer shall ensure that a compressed gas cylinder has

(

a) connections to piping, regulators and other components that are kept tight to

prevent leakage; and

(

b) valves that are kept closed at all times, whether the cylinder is charged or

empty, except where

(

i) gas is flowing from the cylinder,

(ii) the gas in the cylinder is maintaining pressure in a supply line, or

(iii) the cylinder is on stand-by during and between operations using gas.

(3) An employer shall ensure that hose lines for conveying flammable gas or oxygen

from supply piping or compressed gas cylinders to torches have threads designed

in compliance with the latest version of Compressed Gas Association standard

ANSI/CGA V-1, “American National Standard/Compressed Gas Association

Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections”.

Portable compressed gas cylinders

(1) In this

Section and in Sections 48 and 49, “portable compressed gas cylinder”

means a cylinder having a water capacity of 450 kg or less that contains or is

intended to contain a compressed or liquefied gas.

(2) Subject to the Fire Safety Act , an employer shall ensure that a portable compressed

gas cylinder is stored

(

a) in a well-ventilated storage area where the temperature does not exceed 52°C;

(

b) with cylinders grouped by types of gas and the groups arranged to take into

account the gases contained;

(

c) with full and empty cylinders separated;

(

d) at a safe distance from all operations that produce flames, sparks or molten

metal or result in excessive heating of the cylinder;

(

e) securely; and

(

f) with protective devices in place.

(3) Subject to the Fire Safety Act , an employer shall ensure that a portable compressed

gas cylinder is

(

a) not exposed to corrosive materials or corrosion-aiding substances; and

(

b) protected from falling and from having objects fall on it.

(4) An employer shall prominently post in a storage area for portable compressed gas

cylinders the names of the gases stored and signs prohibiting smoking.

(1) No person shall

(

a) roll a portable compressed gas cylinder on its side;

(

b) subject a portable compressed gas cylinder to rough handling; or

(

c) move a portable compressed gas cylinder with a lifting magnet.

(2) Where appropriate lifting mechanisms have not been provided on a portable

compressed gas cylinder, an employer shall ensure that suitable cradles or

platforms for holding the cylinder are used for lifting it.

49 An employer shall ensure that a portable compressed gas cylinder is

(

a) securely fastened and in an upright position during transportation, unless

designed for transport in another orientation;

(

b) has a protective cap attached or located on the cylinder or the cylinder is

positioned in a manner that will provide an equivalent level of safety during

transportation; and

(

c) is transported in a manner that will prevent damage to the cylinder and its

components.

Refuelling

50 An employer shall establish an adequate refuelling procedure for equipment that has an

internal combustion engine and an employee shall follow the procedure when refuelling

equipment.

Part 6 - Lock-out

Interpretation, application, control and energizing

(1) In this Part,

(a) “equipment” includes

(

i) pipes for transporting a material, and

(ii) hydraulic or pneumatic lines;

(b) “lock-out device” means the device that secures the isolation of the energy

source of a locked out machine, equipment, tool or electrical installation;

(c) “lock-out location” means the location of a lock-out device;

(d) “lock-out tag” means a tag that

(

i) is installed at a lock-out location,

(ii) has words directing a person not to start or operate the machine,

equipment, tool or electrical installation,

(iii) identifies the person who has performed a lock-out, and

(iv) does not readily conduct electricity; and

(e) “zero energy state” means a condition in which a machine, equipment, tool or

electrical installation is rendered incapable of spontaneous or unexpected

action or otherwise releasing kinetic or potential energy.

(2) This Part applies to a machine, equipment, tool or electrical installation that is

erected, installed, assembled, started, operated, handled, stored, stopped, inspected,

serviced, tested, cleaned, adjusted, maintained, repaired or dismantled .

(3) An employer shall ensure that, in addition to any normal start and stop control

mechanism, a machine, equipment, tool or electrical installation has a means of

isolating all sources of energy to the machine, equipment, tool or electrical

installation that is

(

a) accessible when needed by an employee; and

(

b) readily identifiable.

(4) An employer shall ensure that where a person may be exposed to a hazard by the

manual or automatic energizing of a machine, equipment, tool or electrical

installation, or any part of it, a de-energized machine, equipment, tool or electrical

installation, or any part of it, is energized

(

a) only in accordance with an applicable written procedure established by the

employer; and

(

b) only after all persons are clear of the hazardous area and have been instructed

to remain clear.

Lock-out procedure

(1) Where work is performed on a machine, equipment, tool or electrical installation,

and the work is hazardous to a person in the workplace if the machine, equipment,

tool or electrical installation is or becomes energized, an employer shall ensure that

(

a) the work is done in accordance with a written lock-out procedure established

by the employer;

(

b) no person works on the machine, equipment, tool or electrical installation

until the machine, equipment, tool or electrical installation

(

i) is put in and maintained at a zero energy state,

(ii) is locked out, and

(iii) has a lock-out tag at each lock-out location; and

(

c) a competent person verifies that the requirements of clauses (

a) and (

b) have

been complied with and tests to determine that the machine, equipment, tool

or electrical installation is in a zero energy state.

(1A) No employee shall perform work on a machine, equipment, tool or electrical

installation in the circumstances described in subsection (1) unless the

requirements of clause 52(1)(

b) are met.

(2) The written lock-out procedure referred to in subsection (1) shall include

(

a) provision for complying with the requirements of subsection (1);

(

b) the method of notifying a person in the work area of safe conditions for work

after a lock-out has been completed;

(

c) the method of determining that all persons near the locked out machine,

equipment, tool or electrical installation are clear of the hazardous area and

have been instructed to remain clear before the machine, equipment, tool or

electrical installation, or any part of it, is energized; and

(

d) the method of energizing the machine, equipment, tool or electrical

installation.

(1) No person other than the person who installed it shall remove a lock-out device or

a lock-out tag on a machine, equipment, tool or electrical installation.

(2) Despite subsection (1), where reasonable attempts have been made to contact the

person who locked out the machine, equipment, tool or electrical installation and

that person is not available,

(

a) in a serious emergency, a person who has determined that it is safe to energize

the equipment may remove a lock-out device or a lock-out tag; or

(

b) a competent person who

(

i) is designated in the written lock-out procedure, and

(ii) has determined that it is safe to energize the equipment,

may remove a lock-out device or a lock-out tag.

54 Despite subsection 51(4) or

Section 52, where work is performed on a machine,

equipment, tool or electrical installation, and the work is hazardous to a person in the

workplace if the machine, equipment, tool or electrical installation is or becomes

energized, and the requirements of subsection 51(4) or

Section 52 are

(

a) inappropriate for the work to be performed or inadequate for the protection of

persons at the workplace; or

(

b) not reasonably practicable where the electrical installation is used for the

generation or transmission of electricity,

an employer may substitute for the requirements of those provisions an alternative

adequate written procedure that specifies personnel responsibilities, training and

equipment requirements and the details for carrying out the work in a manner that

will ensure the safety of all person who may be exposed to a hazard arising from

the work.

Part 7 - Hoists and Mobile Equipment

General provisions

55 An employer shall ensure that a hoist, lift truck or powered mobile equipment is erected,

installed, assembled, started, operated, used, handled, stored, stopped, inspected, serviced,

tested, cleaned, adjusted, maintained, repaired, modified and dismantled in accordance

with the manufacturer’s specifications, or the specifications certified by an engineer.

56 An employer shall ensure that a hoist, lift truck or powered mobile equipment

(

a) is operated by a competent person;

(

b) has gears and moving parts securely guarded by adequate means where

necessary to prevent a hazard to a person in the workplace; and

(

c) has any load on it adequately secured where necessary to prevent a hazard to a

person in the workplace; and

(

d) is provided with safe means of access and exit from the operator’s position

and any passenger’s position.

Signaller

(1) An employer shall designate one or more competent persons as a signaller to direct

the safe movement of a load, hoist, lift truck or powered mobile equipment where

the operator of that hoist, lift truck or powered mobile equipment

(

a) does not have an adequate view of the load;

(

b) does not have a clear view of the route the load is to take;

(

c) is not able to see clearly around the equipment when moving and has not

taken measures sufficient to ensure that no person is exposed to a hazard as a

result of the movement of equipment;

(

d) is not able to see clearly where the hoist or its load may encroach the

minimum distance specified in

Section 126 or a hoist is positioned closer than

the length of its boom to an overhead energized power line or power line

equipment; or

(

e) is causing the equipment to move under its own power from one location to

another and the situation creates a hazard in the workplace.

(2) A signaller shall

(

a) be readily identifiable to the operator;

(

b) direct the movement of a load or equipment by a well understood distinctive

code of hand signals or another effective communication system;

(

c) warn the operator each time

(

i) any part of the hoist or its load may encroach on the minimum distance

specified in

Section 126, or

(ii) the hoist is positioned closer than the length of its boom

from an overhead energized power line or power line equipment; and

(

d) obtain the assistance of another signaller if all or part of the view of the load

or route is obstructed from both the signaller and the operator.

(3) An operator of a hoist, lift truck or powered mobile equipment in a situation

referred to in subsection (1) shall move a load only on a signal from a signaller.

Safety equipment and precautions

58 An employer shall ensure that a mobile crane, lift truck or powered mobile equipment is

equipped with

(

a) an audible back-up alarm that

(

i) operates automatically when the vehicle is in reverse gear, and

(ii) is clearly audible above the background noise at the workplace,

or that another means of protection or warning that provides an equivalent

level of safety is used;

(

b) a manually operated horn, unless such a horn was not installed at the time of

manufacture;

(

c) adequate front and rear lights when the equipment is used after dark or in

dimly lit areas;

(

d) an adequate braking system; and

(

e) a screen, shield, grill, deflector, guard or other adequate protection for the

operator, where the operator may be exposed to the hazard of flying or

intruding objects.

59 An employer shall ensure that a hoist or powered mobile equipment that is equipped with

outriggers or stabilizers is operated with the outriggers or stabilizers engaged, unless the

manufacturer’s specifications permit otherwise.

60 An employer shall ensure that a hoist, lift truck or powered mobile equipment is not

altered in such a way as to render ineffective a safety device or control, except where the

change has been certified in writing by the manufacturer or an engineer to afford

protection equal to or greater than the protection afforded by the original safety device or

control.

61 An employer shall take adequate precautions to ensure that a hoist, lift truck or powered

mobile equipment does not tip or roll over.

Overhead protection

(1) Where an employee who is an operator of powered mobile equipment is exposed

to a hazard from falling objects, an employer shall ensure that the powered mobile

equipment is equipped with a protective structure adequate for the conditions in

which the equipment is being used and that meets the requirements of the latest

version of the applicable standard listed below or that is certified by an engineer or

the manufacturer to provide equivalent or better protection:

(

a) SAE standard SAE J167, “Overhead Protection for Agricultural Tractors -

Test Procedures and Performance Requirements”;

(

b) International Organization for Standardization (ISO) 3449, “Earth-moving

machinery – Falling-object protective structures – Laboratory tests and

performance requirements”;

(

c) SAE standard SAE J397, “Deflection Limiting Volume - Protective Structures

Laboratory Evaluation”;

(

d) SAE standard SAE J1042, “Operator Protection for General-Purpose

Industrial Machines”; or

(

e) SAE standard SAE J1084, “Operator Protective Structure Performance

Criteria for Certain Forestry Equipment”.

(f) [repealed]

(2) An employer shall ensure that modifications, alterations or repairs made to a falling

objects protective structure that affect the structural integrity of the structure meet

the requirements of this

Section and that the designing agency, the installing

agency or an engineer certifies that modifications, alterations or repairs meet the

requirements of this Section.

(3) An employer shall ensure that welding on a falling objects protective structure that

affects the structural integrity of the structure is performed by a competent person.

Rollover protection

(1) An employer shall ensure that, where reasonably practicable, powered mobile

equipment and lift trucks manufactured on or after January 1, 1974, are equipped

with rollover protective structures that meet the minimum safety requirements of

the latest versions of the following standards:

(

a) CSA standard B352.0, “Rollover Protective Structures (ROPS) for

Agricultural, Construction, Earthmoving, Forestry, Industrial and Mining

Machines -

Part 1: General Requirements”, or is certified by an engineer or

the manufacturer to provide equivalent or better protection;

(

b) where applicable, CSA standard B352.1, “Rollover Protective Structures

(ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial, and

Mining Machines -

Part 2: Testing Requirements for ROPS on Agricultural

Tractors”, or is certified by an engineer or the manufacturer to provide

equivalent or better protection; and

(

c) where applicable, CSA standard B352.2, “Rollover Protective Structures

(ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial, and

Mining Machines -

Part 3: Testing Requirements for ROPS on Construction,

Earthmoving, Forestry, Industrial, and Mining Machines”, or is certified by an

engineer or the manufacturer to provide equivalent or better protection.

(2) Where reasonably practicable, an employer shall ensure that powered mobile

equipment or lift trucks manufactured before January 1, 1974 are equipped with

rollover protective structures that meet the requirements of subsection (1) or

(

a) a rollover protective structure and supporting attachments are designed,

fabricated and installed in such a manner to support not less than twice the

weight of the equipment, based on the ultimate strength of the material and

integrated loading of the supporting members with the resultant load applied

at the point of impact;

(

b) there is a vertical clearance of 1320 mm between the deck and the rollover

protective structure at the access openings; and

(

c) the rollover protective structure and supporting attachments referred to in

clause (

a) are certified as meeting the requirements of clause (

a) by the

manufacturer of the rollover protective structure, the installing agency or an

engineer.

(3) An employer shall ensure that modifications, alterations or repairs made to a

rollover protective structure that affect the structural integrity of the structure meet

the requirements of this

Section and that the designing agency, the installing

agency or an engineer certifies that modifications, alterations or repairs meet the

requirements of this Section.

64 An employer shall ensure that welding on a rollover protective structure that affects the

structural integrity of the structure is performed by a competent person.

(1) An employer shall ensure that powered mobile equipment and lift trucks that have

been fitted with rollover protective structures have

(

a) seat belts for the operator and passengers that comply with or exceed the latest

version of the applicable SAE standard listed below:

(

i) SAE J386, “Operator Restraint System for Off-Road Work Machines”,

(ii) SAE J800, “Motor Vehicle Seat Belt Assembly Installation”; or

(

b) where the wearing of seat belts is not reasonably practicable, restraining

devices such as shoulder belts, bars, gates, screens or other similar devices

designed to prevent the operator and passengers from being thrown outside

the rollover protective structure.

(2) An operator of and passengers on powered mobile equipment or a lift truck shall

use the seat belts or restraining devices referred to in subsection (1) while the

equipment is in motion.

Glass

66 An employer shall ensure that glazing or rigid plastic materials used as part of an

enclosure for a cab, canopy or rollover protective structure on a hoist, lift truck or

powered mobile equipment is adequate in the circumstances where it is used, and is

immediately replaced if it presents a hazard, including permanent interference with

visibility.

Precautionary arrangements

(1) Unless otherwise authorized by an enactment, no person shall operate a lift truck or

powered mobile equipment with passengers on the truck or equipment, unless the

manufacturer’s specifications for the truck or equipment state that the truck or

equipment is designed to accommodate them safely.

(2) An employer shall ensure that powered mobile equipment and lift trucks that have

an internal combustion engine are provided with fire protection equipment

adequate for the hazards of the equipment or vehicles.

(3) An employer shall

(

a) ensure that mirrors or other devices are installed and maintained at blind

intersections where there may be a danger of a collision between a lift truck or

powered mobile equipment and another object or a person; or

(

b) establish a written procedure that provides an equivalent level of safety.

Visibility

68 Where work with a hoist, lift truck or powered mobile equipment is carried out in an area

where dust may create a hazard to a person in the workplace because of poor visibility, an

employer shall take steps to reduce the amount of dust in the air so as to protect a person

from the risk of injury.

Operating precautions

69 An operator of a mobile crane, where applicable, a lift truck or powered mobile

equipment shall

(

a) not set equipment in motion until all air and hydraulic pressures are fully built

up at specified operating pressures;

(

b) when leaving the equipment unattended

(

i) park it on level ground, if reasonably practicable,

(ii) set the parking brake,

(iii) lower the blades, bucket or other attachment or safely block the

attachment,

(iv) where applicable, disengage the master clutch, and

(

v) shut off the engine or take other precautions to ensure the equipment is

not inadvertently set in motion;

(

c) not carry containers of gasoline, diesel oil or other flammable substances,

classified as Class B substances under the Hazardous Products Act (Canada),

in the part of the equipment where a person rides; and

(

d) ensure that there are no loose articles that may present a hazard in the part of

the equipment where a person rides.

(1) An employer shall ensure that a hoist, lift truck or powered mobile equipment that

has wire ropes, drums and sheaves is inspected

(

a) visually on a daily basis by the operator of the equipment; and

(

b) visually and manually by a competent person on a weekly basis.

(2) An employer shall ensure that, where a person works under a hoist, lift truck, or

powered mobile equipment that is raised from the ground, the equipment is

provided with blocking or other adequate means of support in case the means of

lifting the equipment fails.

71 Where repair or maintenance work is carried out at the point of articulation on an

articulated truck, front end loader or other articulated equipment, an employer shall ensure

that lock bars or an equivalent measure is used to prevent movement of either end of the

truck, loader or equipment.

Hoists

(1) Subject to subsection (2), an employer shall ensure that a hoist is designed,

installed, erected, examined, inspected, tested, operated and maintained by a

competent person, in accordance with the latest version of the applicable CSA or

ANSI standard listed below:

(

a) CSA standard B167, “Safety Standard for Maintenance and Inspection of

Overhead Cranes, Gantry Cranes, Monorails, Hoists, and Trolleys”;

(

b) CSA standard C22.2 No. 33, “Construction and Test of Electric Cranes and

Hoists”;

(

c) CSA standard Z150, “Safety Code for Mobile Cranes”;

(

d) CSA Standard Z248, “Code for Tower Cranes”;

(

e) ANSI standard ANSI/ALI ALCTV, “Automotive Lifts - Safety Requirements

for Construction, Testing and Validation”;

(

f) ANSI standard ANSI/ALI ALOIM, “American National Standard for

Automotive Lifts - Safety Requirements for Operation, Inspection and

Maintenance”.

(2) Despite subsection (1), a “crane inspector” described in the standard referred to in

clause (1)(

a) shall not require 10 000 hours of experience.

(1) In this

Section and

Section 74, “rated load” means the maximum load that a hoist

is designed to lift or the revised maximum load that a hoist can lift in accordance

with subsection (9) or (10).

(2) Subject to subsections (3), (9) and (10), an employer shall obtain a statement of the

rated load of a hoist from the manufacturer of the hoist.

(3) Where the statement referred to in subsection (2) cannot be obtained, an employer

shall obtain a statement of the rated load of the hoist from an engineer.

(4) In addition to any inspection under

Section 72, an employer shall ensure that

(

a) a competent person inspects a hoist at least once a year;

(

b) where the hoist is a mobile or overhead crane with a capacity of greater than

5 t, a certificate from an engineer is obtained on an annual basis with respect

to the mobile or overhead crane; or

(

c) where the hoist is a tower crane, a certificate from an engineer is obtained

with respect to the tower crane

(

i) prior to the tower crane being put into service and each time it is

erected, and

(ii) once during each year of operation.

(5) An inspection or a certification required under subsection (4) shall confirm that a

hoist has a rated load identified and that no component will fail within its rated

load.

(6) The competent person inspecting a hoist under clause (4)(

a) and an engineer

certifying a mobile or overhead crane under clause (4)(

b) or a tower crane under

clause (4)(

c) shall perform the appropriate tests to ensure that the hoist is capable

of lifting its rated load, including, where appropriate, a running test, load test,

deflection test and brake test.

(7) An employer shall post a legible statement of the rated load referred to in

subsection (2) or (3) on a hoist so that the operator of the hoist is able to see it

when operating the hoist.

(8) The employer shall ensure that an operator of a hoist has sufficient information to

determine the load that the hoist is capable of hoisting safely under any operating

condition.

(9) Where part of a hoist is modified, extended, altered or repaired so as to potentially

affect the rated load of the hoist, an employer shall obtain a revised statement of

the rated load of the hoist from the manufacturer, if the manufacturer performed

the work, otherwise from an engineer, and post it on the hoist in the manner

described in subsection (7).

(10) Where an employer believes that a reduction in the rated load is warranted or has

been informed by the manufacturer of the hoist or an engineer that a reduction in

the rated load is warranted, the employer shall

(

a) obtain a revised statement of the rated load of the hoist from the manufacturer

or an engineer;

(

b) reduce the rated load of the hoist to a revised level certified as adequate by the

manufacturer or an engineer; and

(

c) remove the statement of rated load from the hoist and post the revised

statement of rated load on the hoist in the manner described in subsection (7).

(11) Where the employer has obtained a revised statement of the rated load of a hoist

pursuant to subsections (9) or (10), the employer shall provide sufficient

information to the operator of the hoist to enable the operator to determine the load

that the hoist is capable of hoisting safely under any operating condition.

(1) Subject to subsection (2), the operator of a hoist shall not subject the hoist to a load

in excess of its rated load.

(2) At the time that tests are performed for purposes of an inspection or certification,

the person inspecting the hoist may cause the hoist to be subject to a load in excess

of its rated load, but not in excess of the safety factor identified by

(

a) the applicable standard in

Section 72 or the manufacturer’s specifications; or

(

b) where there is no standard or manufacturer’s specifications, the specifications

certified by an engineer.

(1) In addition to any inspections referred to in Sections 72 or 73, an employer shall

ensure that a competent person visually inspects a hoist, including any safety

devices, for defects that may affect the structural integrity of the hoist

(

a) before it is put into service initially or after 1 month or more of disuse;

(

b) once during every month of operation; and

(

c) after any incident or repair, including contact with an energized utility line or

equipment that may have damaged some part of the hoist or endangered any

person.

(2) Where an inspection identifies a defect in a hoist that affects the safe operation of

the hoist, an employer shall remove the hoist from service and repair it before it is

put back into service.

(3) An employer shall maintain a record of

(

a) each inspection of a hoist required under Sections 72 and 73, and subsection

(1); and

(

b) each repair potentially affecting the structural integrity of a component of a

hoist that supports a load,

including the date, time, nature and results of the inspection or repair and the name

of the person who performed the inspection or repair to a hoist.

(4) Where limit switches and safety devices are installed on a hoist by the

manufacturer, an employer shall ensure that these switches and devices are

maintained in adequate condition.

76 An operator of a hoist shall

(

a) visually inspect the hoist on a daily basis before use to verify that it is in

adequate working order;

(

b) not carry a load over any person, except where

(

i) it is not reasonably practicable to divert the traffic route of persons or

use another lifting route, and

(ii) the employer has established a written work procedure to provide

adequate warning or information about the hazard to persons at or near

the work place;

(

c) not leave a suspended load unattended; and

(

d) where an uncontrolled swing or uncontrolled rotation of a load may endanger

the health or safety of a person, ensure that a guide rope or other adequate

means is used to stabilize the load.

Mobile cranes

77 An employer shall ensure that a mobile crane has

(

a) installed and maintained in an adequate condition a device that warns the

mobile crane operator when continued movement may cause the load attached

to a mobile crane to strike the upper sheaves of the mobile crane; and

(

b) if equipped with a boom that is not articulating, a boom angle indicator.

78 An employer shall ensure that barriers or equivalent means are used to prevent a person

from entering within the swing radius of the body of the mobile crane where a mobile

crane is being operated in an area where the clearance between any obstruction and the

swing radius of the body of the mobile crane creates a hazard.

79 While a mobile crane is moving from one location to another under its own power, no

operator shall permit the boom to swing in an uncontrolled manner.

Rigging hardware

(1) In this Section, “rigging hardware” means a chain, cable, webbing, bucket, grapple,

hook, ring, sling or other device used to attach a load to a hoist.

(2) Every inspection required to be performed under this

Section shall be performed by

a competent person.

(3) Subject to subsection (4), an employer shall ensure that rigging hardware is

constructed, installed, operated, inspected and maintained in accordance with the

latest version of the applicable ASME standard listed below:

(

a) ASME B30.9, “Slings”;

(

b) ASME B30.10, “Hooks”; or

(

c) ASME B30.20, “Below-the-Hook Lifting Devices”.

(4) Where none of the standards referred to in subsection (3) apply, an employer shall

ensure that the rigging hardware complies with an adequate design certified by an

engineer.

(5) Where rigging hardware is commercially manufactured, in addition to the

requirements of subsection (3) or (4), an employer shall ensure that rigging

hardware is constructed, installed, operated, inspected and maintained in

accordance with the manufacturer’s specifications.

(6) In addition to any inspection required under subsection (5), an employer shall

ensure that a person inspects the rigging hardware before each use to ensure that no

defect exists that may affect its structural integrity.

(7) In addition to the requirements of subsections (5) and (6), an employer shall ensure

that a person inspects the rigging hardware

(

a) before it is put into initial service or after one month or more of disuse; and

(

b) once during every year that it is in operation.

(8) Where the competent person conducting an inspection referred to in subsections

(3), (5), (6) or (7) identifies a defect that may affect the structural integrity of the

rigging hardware, an employer shall ensure that the rigging hardware is removed

from service until such time as it is repaired.

(9) An employer shall maintain a record of

(

a) the inspections referred to in subsections (3), (5) and (7); and

(

b) any repairs to rigging hardware.

(10) The record referred to in subsection (9) shall include the date, time, nature and

results of the inspection or repair and the name of the person who performed the

inspection or repair.

(11) An employer shall identify the safe lifting capacity of rigging hardware on the

device in a permanent and clearly legible manner.

(12) An employer shall ensure that a person using rigging hardware receives adequate

training and other information sufficient to ensure that they are knowledgeable

about the capacity of the rigging hardware.

(13) An employer shall designate a competent person to use rigging hardware.

(14) Before a load is raised by a hoist, an employer shall ensure that a competent person

ensures that the load is secured to the hoist in an adequate manner by means of

appropriate rigging hardware.

Lift trucks

(1) An employer must ensure that a lift truck is designed, constructed, maintained,

inspected, and operated in accordance with the latest version of the applicable

standard listed below:

(

a) CSA standard CSA B335, “Safety standards for lift trucks”;

(

b) ANSI standard ANSI/ITSDF B56.1, “Safety Standard for Low Lift and High

Lift Trucks”;

(

c) ANSI standard ANSI/ITSDF B56.6, “Safety Standard for Rough Terrain

Forklift Trucks”.

(2) An employer must ensure that every supervisor and operator of a lift truck has

been provided with the necessary information, instruction, training, supervision,

facilities, and equipment required for the safe operation of the equipment in

accordance with the standards in subsection (1), as applicable.

(1) An employer must ensure that a lift truck is operated in a manner that will not

endanger a person.

(1A) Where a lift truck is propelled by an internal combustion engine in a building or

other enclosed structure, the employer must ensure adequate ventilation,

monitoring and record keeping practices are carried out to ensure exposure from

exhaust gases does not exceed the occupational exposure limit for the gas under

Part 2: Occupational Health, of the Workplace Health and Safety Regulations

made under the Act.

(2) An employer shall ensure that where a lift truck is operated

(

a) in a one-way aisle, the width of the aisle equals at least the width of the

vehicle or load being carried, whichever is wider, plus 600 mm; and

(

b) in a two-way aisle, the width of the aisle equals at least twice the width of the

vehicle or load being carried, whichever is wider, plus 900 mm.

(3) An employer must ensure that a lift truck that is propelled by propane has all

engine and fuel components designed, assembled, examined, inspected, operated

and maintained in accordance with the latest version of CSA standard CSA

B149.2, “Propane Storage and Handling Code”.

83 [repealed]

Part 8 - Mechanical Safety

General provisions

(1) An employer shall ensure that a machine that may be a hazard to the health or

safety of a person at the workplace is erected, installed, assembled, started,

operated, used, handled, stored, stopped, inspected, serviced, tested, cleaned,

adjusted, maintained, repaired and dismantled in accordance with the

manufacturer’s specifications, or, where there are no manufacturer’s specifications,

the specifications certified by an engineer.

(2) An employer shall ensure that the maximum capacity, speed, load, depth of

operation or working pressure or any other limitation set out in the manufacturer’s

specifications or in an engineer’s specifications, for the operation of a machine,

tool or equipment under the circumstances prevailing at the time of operation, shall

not be exceeded.

(3) Where a defect is identified with a machine or supplies that affects the safe

operation of the machine, an employer shall ensure that

(

a) the machine is not operated until repaired; and

(

b) until repaired or replaced, the machine and supplies are clearly identified as

defective.

(1) An employer shall ensure that an operator of a machine or tool is a competent

person.

(2) An employer shall ensure that a person responsible for maintaining a machine or

tool is a competent person.

Contact with machines

(1) An employer shall ensure that adequate space is provided around a machine to

ensure the safety of a person while the machine is being

(

a) operated; or

(

b) cleaned, adjusted, repaired or otherwise maintained.

(2) No person shall be near a rotating shaft, spindle, gear, belt or other possible source

of entanglement

(

a) while wearing any

article of clothing or jewellery that in the circumstances

presents a hazard to a person in the workplace; or

(

b) with hair that is not confined closely to the head by suitable headwear.

Safeguards

(1) In this

Section “safeguard” means a guard, shield, guardrail, fence, gate, barrier,

safety net, wire mesh or other protective enclosure or device, but does not include

personal protective equipment.

(2) Where a person may come in contact with a moving part of a machine or tool that

may present a hazard to a person, an employer shall ensure that an adequate

safeguard has been installed on the machine or tool to prevent contact.

(3) Despite subsection (2), an employer is not required to ensure that a safeguard is

installed on a machine that is equipped with a device that stops the machine

automatically before a person comes into contact with the moving parts.

(4) Despite subsection (2), where it is not reasonably practicable to use a safeguard on

a cutting or shaping machine and there is a possibility of injury to a person, an

employer shall

(

a) ensure that a push block, push stick or other adequate protective device is

used; and

(

b) establish a written procedure to ensure the safety of an operator of the

machine.

(5) No person shall remove or render ineffective a safeguard on a machine, unless

(

a) the removal or rendering is necessary to enable the cleaning, maintenance,

adjustment, testing or repair of the machine;

(

b) the machine is locked out; and

(

c) the person replaces the safeguard and ensures the safeguard is functioning

properly before leaving the machine.

(6) An employer shall ensure that adequate safeguards are installed on a machine

where a person may be injured by a flying object from a machine.

(7) Where an object or material is to be applied to, fed into or supplied to a machine or

tool and the object or material may shatter, splinter, vibrate, create a flying

projectile or otherwise cause hazardous movement because it is not secure, an

employer shall ensure that the object or material is held by a restraining device or

other means of providing an equivalent level of safety.

(8) Where opening an access door exposes the moving parts of a machine or tool, an

employer shall ensure, where reasonably practicable, that the access door is fitted

with interlocks that

(

a) prevent the access door from opening while the moving parts are in motion;

(

b) disconnect the power from the driving mechanism, causing the moving parts

to stop immediately if the door is opened.

(9) Where it is not reasonably practicable to fit an access door with interlocks in

accordance with subsection (8), an employer shall, in consultation with the

committee or representative, if any, establish an adequate written work procedure.

Starting and stopping machines

(1) An employer shall ensure that the operational controls on a machine are

(

a) located and protected in such a manner as to prevent unintentional activation;

and

(

b) adequately identified so as to indicate the nature of each control mechanism.

(2) An employer shall ensure that a machine is designed with adequate means to

prevent unintentional movements that may present a hazard to a person in the

workplace.

(3) Where there is not a clear view of a machine or parts of it from the control panel or

operator’s station and the moving parts of the machine may endanger a person at

the workplace when the machine is started,

(

a) an employer shall ensure that an alarm system is installed that shall give an

effective warning, with an adequate time delay, before the start-up of the

machine so that a person at the workplace is made aware of the imminent

start-up; and

(

b) where reasonably practicable, the person that is to start the machine or parts of

it shall ensure that a visual inspection is done of the complete exterior of the

machine or parts of it to ensure no person is endangered by the start-up.

(4) An employer shall ensure that an operator of a machine has unimpeded access in

the operator’s immediate work area to the means of stopping the machine.

89 Where a machine or tool that is not designed to operate unattended creates a hazard to a

person in the workplace if it operates unattended, an employer shall ensure that the

machine or tool is equipped with a “hold to operate” device that starts it when the device

is held in a set position or stops it when the device is released.

Chain saws

90 An employer must ensure that a chain saw complies with the latest version of the

following applicable CSA standards:

(

a) CSA Z62.1 “Chain Saws”;

(

b) CSA Z62.3 “Chain Saw Kickback”.

Automotive pits

91 An employer shall ensure that an automotive pit is designed, installed, operated, inspected

and maintained in accordance with the latest version of National Fire Protection

Association standard NFPA 1, “Fire Prevention Code”, in the

chapter entitled “Service

Stations, Pits, Below-Grade and Sub-Floor Work Areas” and complies with sections the

latest version of CSA standard C22.1 “Canadian Electrical Code

Part 1, Safety Standard

for Electrical Installations”.

Tire repair and mounting

(1) Where a split rim or retainer ring type tire is being mounted on a rim and is in the

process of being inflated an employer shall provide and an employee shall use

(

a) a safety cage or restraining device;

(

b) a clip-on chuck with an adequate length of hose; and

(

c) an in-line hand-operated valve with a gauge.

(2) Where a split rim or retainer ring type tire is assembled, an employer shall ensure

that the components are assembled in accordance with the manufacturer’s

specifications, including a multi-piece rim matching chart.

Conveyors

(1) This

Section and Sections 94, 95 and 96 do not apply to any device that is intended

for the transport of persons and to which the Elevators and Lifts Act applies.

(2 ) An employer shall ensure that a conveyor is constructed or installed so that

(

a) there is adequate clearance between the material transported on the conveyor

and a fixed or moving object;

(

b) pinch points that a person may come into contact with are adequately guarded;

and

(

c) the conveyor cannot feed onto a stopped power-driven conveyor, or that

written procedures are established that provide an equivalent level of safety.

(3) Where a person in the workplace has access to a power-driven conveyor, an

employer shall ensure that emergency stop devices are installed at designated work

stations and other appropriate locations along the run of the conveyor to ensure the

safety of a person in the workplace.

(1) Where a person is required to cross over a conveyor, an employer shall

(

a) provide an adequate means of crossing the conveyor; and

(

b) identify the crossing point by adequate means.

(2) No person in a workplace shall

(

a) ride on a conveyor; or

(

b) stand on the supporting frame of a conveyor.

(3) Despite clause (2)(b), a person may stand on the supporting frame of a conveyor if

the conveyor has been locked out.

95 Where a conveyor is installed at a height that may result in falling objects causing injury

to a person, an employer shall ensure that

(

a) it is equipped with guards or other adequate protection to prevent the material

from falling from the conveyor to the workplace below; or

(

b) adequate barriers are installed that prevent a person from being under the

conveyor while it is running.

96 Where the rollback of the load or belt creates a hazard to a person at the workplace, an

employer shall ensure that an anti-rollback device is installed on a conveyor that carries a

load up an incline to prevent the belt or the load from rolling back.

Abrasive wheels and grinders

(1) An employer shall legibly post on an abrasive wheel and a grinder the maximum

number of revolutions per minute of the wheel and the grinder.

(2) No person shall operate a grinder with an abrasive wheel unless the grinder is rated

to provide a number of revolutions per minute equal to or less than the rating of the

abrasive wheel.

(3) An employer shall ensure that, before the installation of an abrasive wheel, the

abrasive wheel is inspected by a competent person for flaws, defects or cracks.

(1) An employer shall ensure that a bench grinder is fitted with a protective hood and

side shield of sufficient strength to contain fragments of a ruptured wheel.

(2 ) Where a bench or pedestal grinder is used, an employer shall ensure that

(

a) a tool rest is mounted on the grinder not more than 3 mm from the abrasive

wheel; and

(

b) the grinder is secured to prevent unintended movement.

99 Where a pneumatic grinder is used, an employer shall ensure that the governors are

maintained by a competent person.

100 Unless the manufacturer’s specifications otherwise specify, an employer shall ensure that

no person

(

a) grinds on the side of an abrasive wheel; or

(

b) adjusts a tool rest while the abrasive wheel is in motion.

Compressed air used for cleaning

(1) In this Section, “compressed air” means air at an absolute pressure greater than

275 kPa.

(2) Where compressed air is used to clean a surface or person, an employer shall

ensure that the device that is used to deliver the air is

(

a) commercially manufactured and approved in the manufacturer’s specifications

for the purpose of cleaning a surface or person with compressed air; or

(

b) certified by an engineer as adequate for the purpose of cleaning a surface or

person with compressed air.

Space heating equipment

102 An employer shall locate, install, operate, inspect and maintain temporary space heating

equipment so as to prevent the unintended ignition of any material.

103 Where space heating equipment is powered by a combustible fuel, the employer shall

ensure that

(

a) the equipment is located on the ground or above a non-combustible floor of

sufficient thickness to prevent the transference of enough heat to cause a fire

below;

(

b) if located above a combustible floor, the equipment is separated from the

combustible floor by 75 mm of non-combustible material covered by sheet

metal extending 600 mm beyond the heating equipment on all sides.

Part 9 - Tools

General provisions

104 An employer shall ensure that a tool, its accessories and supplies are

(

a) made of good quality material adequate for the work for which they are

intended to be used;

(

b) inspected before being used, and, if not in an adequate condition, repaired or

replaced before use;

(

c) used only for their intended purpose;

(

d) equipped with a device to ensure a secure hand grip where necessary; and

(

e) installed, assembled, started, operated, used, handled, stored, stopped,

inspected, serviced, tested, cleaned, adjusted, carried, maintained, repaired and

dismantled in accordance with the manufacturer’s specifications, or, where

there are no manufacturer’s specifications, in accordance with adequate work

procedures established by a competent person.

(1) No person shall point a tool that ejects pins, nails or other projectiles at another

person.

(2) Where reasonably practicable, an employer shall ensure that where a person works

with a device that is to be struck by a tool used by another person, the device to be

struck is held by an adequate holding device.

Portable power-operated hand tools

106 An employer shall ensure that a portable power-operated hand tool

(

a) is repaired by a competent person;

(

b) where powered by electricity, is double insulated or grounded, except where

battery operated;

(

c) where lines or hoses are connected to the tool, has a shut-off mechanism

installed on the tool so as to be immediately accessible to the operator; and

(

d) is an explosion-proof device where there is a risk of an explosive atmosphere.

(1) Where reasonably practicable, an employer shall ensure that hydraulic, pneumatic,

chemical and electrical lines and hoses do not run across aisles, travel ways or

work areas.

(2) This

Section does not apply where a firefighter is engaged in structural fire-fighting

or rescue.

Powder-actuated tools

(1) In this Section, “powder-actuated tool” means a tool that, by means of a powder-generated 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.

(2) An employer shall ensure that a powder-actuated tool is operated by a competent

person in accordance with the latest version of ANSI standard A10.3, “American

National Standard for Construction and Demolition Operations - Powder-Actuated

Fastening Systems - Safety Requirements”.

(3) An employer shall ensure that a powder-actuated tool, the fastener and the powder

load complies with the requirements of the latest version of ANSI standard A10.3,

“American National Standard for Construction and Demolition Operations -

Powder-Actuated Fastening Systems - Safety Requirements”.

Part 10 - Welding, Cutting, Burning and Soldering

General provisions

(1) In this Part, “welding or allied process” means any specific type of electric or oxy

fuel gas welding or cutting process including those processes referred to in

Appendix A of the latest version of CSA standard CSA W117.2, “Safety in

Welding, Cutting, and Allied Processes”, and includes

(

a) arc welding, brazing, solid-state welding, soldering, resistance welding, and

other welding; and

(

b) allied processes such as arc cutting, oxygen cutting, thermal spraying, thermal

adhesive bonding and other cutting.

(2) An employer shall, where reasonably practicable, comply with the requirements of

the latest version of CSA standard CSA-W 117.2, “Safety in Welding, Cutting and

Allied Processes”.

(1) An employer shall ensure that welding or allied process equipment is erected,

installed, assembled, started, operated, used, handled, stored, stopped, inspected,

serviced, tested, cleaned, adjusted, carried, maintained, repaired and dismantled in

accordance with the manufacturer’s specifications.

(2) An employer shall ensure that a welding or allied process is performed by a

competent person.

(1) An employer shall ensure that, before a welding or allied process is commenced,

the person who is to operate the equipment has inspected the area surrounding the

operation to ensure that adequate precautions have been taken

(

a) to remove from the area all hazardous material or processes that produce

combustible, flammable or explosive material, dust, gas or vapour; and

(

b) to prevent fire or explosion.

(2) Where a welding or allied process is performed above an area where a person may

be present, an employer shall ensure that adequate means of protection are taken to

protect a person below the operation from sparks, debris and other falling hazards.

(1) Except where an employer has demonstrated that a person at or near a welding or

allied process is not excessively exposed to radiation or reflection, the employer

shall provide adequate screens or prevent a person from entering the work area.

(2) Where screening is used in accordance with subsection (1), the employer shall

ensure that the screening is adequate to prevent radiation and reflection from

affecting a person at or near the workplace.

Work on containers

(1) An employer shall ensure that no person performs a welding or allied process on a

container, pipe, valve or fitting that

(

a) holds or may have held an explosive, flammable or otherwise hazardous

substance; or

(

b) may become pressurized to the point of being a hazard to a person at the

workplace,

unless the welding or allied process is performed in accordance with a written

work procedure established by the employer.

(1A) Where a welding or allied process is performed on a natural gas pipeline or a

liquids pipeline associated with a natural gas pipeline, an employer shall ensure

that an engineer certifies that the written work procedure required under subsection

(1) is in accordance with American Petroleum Institute standard API

Recommended Practice 2201, “Procedures for Welding or Hot Tapping on

Equipment in Service”, Fourth Edition, September 1995.

(2) Where a container, pipe, valve or fitting holds or may have held an explosive,

flammable or other hazardous substance, and subsection (1A) does not apply, an

employer shall include in the written work procedure required under subsection

(1), provision

(

a) for disconnecting and blanking off or moving out of alignment pipes or

locking out valves in the closed position; and

(

b) that after ventilation, a competent person shall

(

i) where reasonably practicable, examine the area to be welded or

processed to ensure that it is free from residue,

(ii) test air samples to ensure that explosive, flammable or hazardous

amounts of gases or vapours have been reduced to less than 1% of the

lower explosive limit in areas to be welded or processed, and

(iii) certify, in writing, that work involving the application of heat can be

safely undertaken and that the conditions tested in the area to be heated

are likely to be maintained within a predicted and recorded range for the

entire time the certification is valid.

(3) The certificate referred to in subclause (2)(b)(iii) shall include

(

a) the signature of the competent person;

(

b) the date and time the tests were performed;

(

c) the type of work that

(

i) can be performed in the area to be heated, and

(ii) is explicitly banned in the area to be heated;

(

d) the means by which the work is to be performed;

(

e) the expiry date and time of the certificate; and

(

f) a record of any tests performed and of any test results.

(4) No certification issued under subclause (2)(b)(iii) shall be valid for longer than 24

hours after the time of the examination and test required to be performed under

subclauses (2)(b)(

i) and (ii).

(5) An employer shall ensure that no person uses the exhaust of an internal

combustion engine as a means of decreasing the concentration of flammable and

explosive gases and vapours in the area to be welded or processed.

114 An employer shall ensure that a compressed gas hose line or welding cable is adequately

protected from damage.

(1) No operator of an electric welding machine shall leave the machine unattended

without removing the electrode.

(2) An employer shall ensure that appropriate welding and ground leads are used to

fasten the electric supply cable securely so that the inner wires of an electric

welding machine are not exposed to damage and the cable cannot be separated

from the fittings.

Gas welding and allied process

(1) An employer shall ensure that a person performing a gas welding or allied process

tests a regulator and its flexible connecting hose immediately after it is connected

to a gas cylinder, to ensure that there is no leak of the gas supply.

(2) No person shall perform a test required in subsection (1) with a substance that is

oil, fat or grease based.

(3) Where a leak of the gas supply develops during the performance of a gas welding

or allied process

(

a) the person performing the welding or allied process shall cut off the supply of

gas; and

(

b) the employer shall ensure that work is not resumed until the leak is repaired.

117 Where a gas welding or allied process is carried on, the employer shall

(

a) provide a flashback arrestor between the torch and the fuel gas and oxygen

supply that

(

i) prevents the reverse flow of fuel, gas, oxygen or air from the torch to the

supply lines, and

(ii) stops a flame from burning back from a torch into the supply lines;

(

b) ensure that hose lines or pipelines for conveying the gases to the burner and

the couplings are legibly marked or identified to ensure the hoses are not

interchanged; and

(

c) ensure that the torch is ignited by a lighting device that is designed for that

purpose.

Acetylene

118 Where an employer manufactures acetylene in the workplace, the employer shall

establish a written procedure to ensure the health and safety of a person in the workplace.

119 [repealed]

Part 11 - Electrical Safety

General provisions

(1) An employer shall ensure that an electrical installation is designed, installed,

assembled, operated, inspected, serviced, tested, maintained, repaired and

dismantled in accordance with the latest version of CSA standard CSA C22.1,

“Canadian Electrical Code

Part 1”, Safety Standard for Electrical Installations”.

(2) An employer operating a surface mine shall ensure that an electrical installation at

the surface mine is designed, installed, assembled, operated, inspected, serviced,

tested, maintained, repaired and dismantled in accordance with the latest version of

CSA standard M421, “Use of Electricity in Mines”.

(1) Subject to subsection 120(2) and to the Underground Mining Regulations made

under the Act, an employer shall ensure that a power line or power line equipment

is designed or constructed to comply with the latest version of the applicable CSA

standard listed below:

(

a) CSA C22.3 No.1, “Overhead Systems”;

(

b) CSA C22.3 No. 7, “Underground Systems”.

(2) Subject to subsection 120(2) and to the Underground Mining Regulations made

under the Act, an employer shall ensure that the voltage and voltage variation of a

power line or power line equipment is limited at the service entrance in accordance

with the latest version of CSA standard CAN3-C235, “Preferred Voltage Levels

for AC Systems, 0 to 50,000 V”.

122 An employer shall ensure that a person who works on an electrical installation is a

competent person.

Personal protective equipment

(1) Where a person is required to work on an energized electrical installation, an

employer shall, as necessary in the circumstances, provide a person with all

protective equipment and devices

(

a) necessary to work safely on an energized electrical installation; and

(

b) that comply with the latest version of the applicable standard listed below:

(

i) ASTM D120, “Standard Specification for Rubber Insulating Gloves”,

(ii) ASTM D1051, “Standard Specification for Rubber Insulating Sleeves”,

(iii) ASTM D1048, “Standard Specification for Rubber Insulating Blankets”,

(iv) ASTM D1050, “Standard Specification for Rubber Insulating Line

Hose”,

(

v) ASTM D1049, “Standard Specification for Rubber Insulating Covers”,

(vi) ASTM D 178, “Standard Specification for Rubber Insulating Matting”,

(vii) ASTM F696, “Standard Specification for Leather Protectors for Rubber

Insulating Gloves and Mittens”, and

(viii) ASTM F711, “Standard Specification for Fiberglass-Reinforced Plastic

(FRP) Rod and Tube Used in Live Line Tools”.

(2) A person who is required to work on an energized electrical installation shall use

the appropriate protective equipment or devices required under subsection (1).

(1) An employer shall ensure that a person who handles an energized power line or

power line equipment rated at greater than 15 000 v to ground uses hot line tools to

do so, in addition to other personal protective equipment required in the

circumstances.

(2) A person may use rubber gloves instead of hot line tools to handle energized

power lines or power line equipment rated at greater than 750 v phase to phase,

where a written work procedure has been adopted as a code of practice by order of

the Director for use in such circumstances.

(3) An employer who has adopted a code of practice under subsection (2) shall

(

a) provide a copy of the code of practice to each person in the workplace who is

required to handle energized power lines or power line equipment rated at or

below 15 000 v to ground;

(

b) provide training in the code of practice to each person in the workplace who is

required to handle energized power lines or power line equipment or perform

other activities in accordance with the code of practice; and

(

c) communicate the details of the code of practice and the reasons for its

implementation to all persons at the location where the work is performed,

and, to the extent that it relates to their work, all persons shall adhere strictly to the

terms of the code of practice.

(4) Where an officer determines that a code of practice that is in effect pursuant to

subsection (2) has not been strictly adhered to, the officer may make an order

suspending the application and use of the code of practice, and the suspension shall

remain in place until the Director notifies the employer that the suspension has

been lifted.

Hazardous work

(1) In this Section, “switching device” means a device designed for the sole purpose of

opening, closing or opening and closing one or more electrical circuits, and

includes

(

a) a circuit breaker capable of making, carrying and breaking currents under

normal circuit conditions, and also making, carrying for a specified time, and

breaking currents under specified abnormal conditions, such as those of a

short circuit;

(

b) a cutout assembly of a fuse support with either a fuse holder, fuse carrier or

disconnecting blade; and

(

c) a disconnecting or isolating device used for isolating a circuit or equipment

from a source of power.

(2) An employer shall ensure that no work is performed on an energized electrical

installation rated at greater than 750 v phase to phase unless the competent person

performing the work is accompanied by another competent person.

(3) Subsection (2) does not apply to switching work carried out using a switching

device where an adequate written procedure has been established by the employer.

(4) Where compliance with the personal protective equipment requirements and

normal work procedures in effect at the workplace is inadequate to control the risk

of exposure to an electrical hazard during work on an energized electrical

installation due to an unusual factor in the nature of the work, such as the location

or condition of the workplace, a competent person not actively engaged in the

work shall be designated as a safety watcher to observe a person who is working

on or near an energized electrical installation.

(5) A safety watcher required by subsection (4) shall

(

a) warn all persons working on or near an energized electrical installation of any

potential hazards;

(

b) ensure that the requirements of this Part are complied with;

(

c) be a competent person able to evaluate relevant hazards, and competent and

equipped to initiate a rescue;

(

d) be free of any other duties that might interfere with the duties outlined in this

subsection;

(

e) have the authority to stop work where the task or conditions in the workplace

become hazardous; and

(

f) remain in the immediate vicinity of the work.

(1) In this

Section and in

Section 128, “authority” means an electrical utility whose

primary business is the generation or distribution of electricity.

(2) No person shall carry out work that may bring a person or object closer than 6.0 m

to an overhead energized power line or power line equipment where the voltage of

the overhead energized power line is not known to the person carrying out the

work.

(3) Where work is performed in close proximity to an energized overhead power line

or power line equipment rated at less than 750 v phase to phase, an employer shall

ensure that the work is performed no closer than 1 m from the power line or power

line equipment to ensure the safety of every person in the workplace from the

electrical hazard.

(4) An employer shall ensure that no work is carried out, and no person shall carry out

work that may bring a person or object closer than the distances set out in the

following table to an overhead energized power line or power line equipment rated

at greater than or equal to 750 v phase to phase:

Phase to Phase Voltage of Energized

Electrical Power Line or Power Line

Equipment

Distance

750 volts and up to 69 000 volts

3.0 m

greater than 69 000 volts and up to 138 000 volts

5.0 m

greater than 138 000 volts

6.0 m

(5) Despite subsections (3) and (4), where a person is about to commence work that

may bring a person or object closer than a distance specified in subsection (3) or

(4) to an overhead energized power line or power line equipment described in

subsection (3) or (4), an employer shall not permit the person to commence work

until the employer has contacted the authority owning or operating the energized

power line or power line equipment and

(

a) ensured that the energized powerline or power line equipment is insulated or

guarded in an adequate manner; or

(

b) provided an alternative means of protection from the electrical hazard that

provides an equivalent level of safety.

(6) This

Section does not apply to

(

a) work performed by a competent person employed, contracted or authorized by

an authority;

(

b) equipment owned by an authority or an employer contracted or authorized by

the authority, that is used in the installation, operation, maintenance, repair,

dismantling or other work performed on the power line or power line

equipment; or

(

c) work performed on an energized power line or power line equipment where

the employer has, in advance of the work,

(

i) determined the degree of electrical insulation on the power line and

power line equipment,

(ii) determined the level of electricity to which the power line or equipment

will or may be energized,

(iii) obtained from an engineer, or the manufacturer of the power line and

power line equipment, a written certification indicating that a person or

object may be brought closer than the distances permitted by this

Section, and

(iv) ensured that the work is performed by a competent person in an

adequate manner consistent with the recommendations of the engineer

or manufacturer providing the certification under subclause (iii).

Plan of electrical installation

(1) The owner of a building or structure must ensure that a plan is created, maintained

and updated by a competent person if there is an electrical installation utilized in

the building or structure that meets any of the following criteria:

(

a) it is rated at greater than 250 v phase to phase;

(

b) it is rated at greater than 250 amp;

(

c) it has multiple service entrances.

(2) The plan in subsection (1) must include a line diagram that

(

a) describes the position and ratings of the components of the electrical

installation; and

(

b) reflects all repairs and alterations to the electrical installation.

Electrical rooms

(1) Where a workplace has an electrical room, an employer shall ensure that

(

a) the room is kept clean and orderly;

(

b) the room is not used for storage of unrelated materials; and

(

c) where the components are rated at more than 750 v phase to phase, a sign is

posted on the outside of the room that legibly states “Danger - High Voltage”.

(2) Despite clause (1)(c), where an electrical room is in a manhole controlled and

maintained by an authority, no sign is required.

Part 12 - Confined Space Entry

Application and

interpretation

(1) In this Part, “confined space” means an enclosed or partially enclosed space

(

a) not designed or intended for regular human occupancy;

(

b) with restricted access or exit; and

(

c) that is or may become hazardous to a person entering it because of its design,

construction, location, atmosphere or the materials or substances in it or other

conditions.

(1A) When assessing whether a space is or may become hazardous to a person entering

it because of its atmosphere under clause (1)(c), a person must not take into

account the protection afforded to a person through the use of personal protective

equipment or ventilation.

(2) Sections 130 to 137 do not apply to

(

a) a development heading in an underground mine; and

(

b) a firefighter engaged in structural fire-fighting or rescue, if the firefighter has

received adequate training for confined space entry and rescue.

Assessment and written procedures

(1) An employer shall ensure that no person enters a confined space until the employer

has fulfilled the requirements of this

Section and a competent person has provided

a written certificate, in accordance with

Section 131.

(2) Where a workplace includes a confined space, the employer shall ensure that a

person who may be required to enter the confined space has the information

necessary to identify it as such.

(3) Where at least one confined space has been identified, an employer shall establish

a written confined space entry procedure that includes provision

(

a) that prior to the entry of a person into the confined space, an assessment of the

confined space is

(

i) done in accordance with subsection (8), and

(ii) recorded by the person conducting the assessment in accordance with

Section 131;

(

b) for the training required by a person who may enter a confined space in the

course of the person’s work, and for the training required by a person who

may undertake rescue operations with regard to a confined space, including

training on

(

i) proper use of personal protective equipment,

(ii) written rescue procedures,

(iii) maintaining contact between a person in the confined space and an

attendant required under clause 134(2)(

a) and the means by which the

written rescue procedure is initiated in the event of an emergency in the

confined space,

(iv) the limitations on the type of work that can be performed in the

confined space, and

(

v) the means of identifying a hazard while in a confined space;

(

c) for the process for notifying a person entering a confined space of the specific

type of work that may be performed in the confined space;

(

d) for the method to be followed by a person entering into, exiting from or

occupying the confined space;

(

e) for the protective equipment that is to be used by every person entering the

confined space;

(

f) for the written emergency procedures to be followed in the event of an

accident or other emergency in or near the confined space, including

(

i) immediate evacuation of the confined space when an alarm is activated

or there is any significant, unexpected and potentially hazardous change

in the concentration, level or percentage referred to in subsection (8),

(ii) a determination of whether more than one person is required to be

present outside a confined space during the occupancy of any person,

and

(iii) a written rescue procedure;

(

g) for the protective equipment and emergency equipment to be used by a person

who undertakes rescue operations in the event of an accident or other

emergency;

(

h) for a written procedure for testing the confined space in an adequate manner,

at regular intervals and on a continuous basis, if necessary, to ensure the

concentration or level of a hazardous substance or physical agent complies

with the limits in subsection (8); and

(

i) for a means of ventilating the confined space to ensure the removal or dilution

of all airborne hazardous substances from the confined space.

(4) An employer shall provide to each person entering the confined space and a person

who may undertake rescue operations the protective e