Part II Regulations under the Regulations Act Printed by the Queen's Printer Halifax, Nova Scotia Vol. 23, No. 10 May 21, 1999 Contents Act Reg. No.

Page Crop and Livestock Insurance Act Nova Scotia Crop and Livestock Insurance Plan for Tobacco - repeal................................ 4 9 / 9 9 3 5 6 Endangered Species Act Proclamation, S. 30, S.N.S. 1998, c. 11 ................... 4 8 / 9 9 3 5 4 Mi’kmaq Education Act Proclamation, S. 9, S.N.S. 1998, c. 17 .................... 4 7 / 9 9 3 5 2 Municipal Government Act Regulations respecting the reporting form for the Statement of Estimates for Nova Scotia municipalities ............. 4 6 / 9 9 3 5 1 (Dispensed from publication by O.I.C. 1999-200) Occupational Health and Safety Act Construction Safety Regulations - amendment and repeal, Industrial Safety Regulations - amendment and repeal a n d O c c u p a t i o n a l S a f e t y G e n e r a l R e g u l a t i o n s ........... 4 4 / 9 9 2 6 8 Workers’ Compensation Act,

An Act to Amend

Chapter 10 of the Acts of 1994-95 Proclamation, S. 41(1), S.N.S. 1999, c. 1 - S. 1, 4, 6, 7 & 10. . . 45/99 349 A complete quarterly sectional index of regulations is available from the Office of the Registrar of Regulations. For subscriptions please call 424-6723. 267

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Part II Regulations N.S. Reg. 44/99 Made: April 28, 1999 Filed: April 29, 1999 Construction Safety Regulations, Industrial Safety Regulations and Occupational Safety General Regulations Order in Council 1999-195 made April 28, 1999 Regulations made by the Governor in Council pursuant to

Section 82 of the Occupational Health and Safety Act The Governor in Council on the report and recommendation of the Minister of Labour dated March 30, 1999, pursuant to

Section 82 of

Chapter 7 of the Acts of 1996, the Occupational Health and Safety Act, is pleased to: (

a) repeal the Construction Safety Regulations made by Order in Council 68-104 dated February 12, 1968, effective on, from and after October 1, 1999, except Sections 1, 66, 68 and 82, which are repealed effective on, from and after April 28, 1999; (

b) repeal the Industrial Safety Regulations made by Order in Council 69-127 dated February 11, 1969, effective on, from and after October 1, 1999, except Sections 1 and 249, which are repealed effective on, from and after April 28, 1999; and (

c) make new regulations respecting occupational safety general requirements in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on, from and after October 1, 1999, except Sections 158 and 165 which are effective on, from and after April 28, 1999.

Schedule “A” Regulations respecting occupational safety general requirements made by the Governor in Council pursuant to

Section 82 of

Chapter 7 of the Acts of 1996, the Occupational Health and Safety Act TABLE OF CONTENTS

Section

Part 1 - Title and

Definitions C i t a t i o n .........................................................1 D e f i n i t i o n s......................................................2

Part 2 - General A p p l i c a t i o n ..................................................... 3 D u t i e s o f p a r t i e s ..................................................4 C o n f l i c t w i t h i n c o r p o r a t e d s t a n d a r d ..................................5 C o m p l i a n c e w i t h s p e c i f i e d e d i t i o n s o f s t a n d a r d s ........................6 C o n s u l t a t i o n a n d i m p l e m e n t a t i o n .................................. 7 - 8 268

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Part II Regulations

Part 3 - Personal Protective Equipment U s e o f p e r s o n a l p r o t e c t i v e e q u i p m e n t.................................9 Hazard to eyes, face or neck .......................................1 0 Hazard to head .................................................. 1 1 Hazard to foot or skin ............................................1 2 Respiratory hazard ...............................................1 3 R i s k o f d r o w n i n g................................................1 4

Part 4 - Ventilation, Lighting, Sanitation and Accommodation Ventilation .....................................................1 5 L i g h t i n g.................................................... 1 6 - 1 7 D r i n k i n g w a t e r..................................................1 8 T o i l e t s .........................................................1 9 Hand-cleaning facilities ...........................................2 0 E a t i n g a r e a s....................................................2 1 W o r k c l o t h e s a n d c h a n g e r o o m s ....................................2 2 E m e r g e n c y s h o w e r s a n d e y e w a s h e s .................................2 3 H o u s e k e e p i n g ...................................................2 4 F i r e p r o t e c t i o n a n d e s c a p e.........................................2 5

Part 5 - Handling and Storage of Material G e n e r a l h a n d l i n g o f o b j e c t s a n d m a t e r i a l .......................... 2 6 - 2 9 Bulk material in bins, hoppers and tanks........................... 3 0 - 3 1 P i l e d m a t e r i a l................................................ 3 2 - 3 5 Hazardous substance storage .................................... 3 6 - 4 1 R e c h a r g e a b l e s t o r a g e b a t t e r i e s ................................... 4 2 - 4 4 C o m p r e s s e d g a s.............................................. 4 5 - 4 6 P o r t a b l e c o m p r e s s e d g a s c y l i n d e r s ............................... 4 7 - 4 9 R e f u e l l i n g ......................................................5 0

Part 6 - Lock-Out

Interpretation, application, control and energizing ......................5 1 L o c k - o u t p r o c e d u r e........................................... 5 2 - 5 4

Part 7 - Hoists and Mobile Equipment G e n e r a l p r o v i s i o n s............................................ 5 5 - 5 6 S i g n a l l e r .......................................................5 7 Safety equipment and precautions ................................ 5 8 - 6 1 O v e r h e a d p r o t e c t i o n ..............................................6 2 R o l l o v e r p r o t e c t i o n ........................................... 6 3 - 6 5 G l a s s ..........................................................6 6 Precautionary arrangements........................................6 7 Visibility.......................................................6 8 Operating precautions ......................................... 6 9 - 7 1 H o i s t s ..................................................... 7 2 - 7 6 M o b i l e c r a n e s ................................................ 7 7 - 7 9 R i g g i n g h a r d w a r e ................................................8 0 Industrial lift trucks ........................................... 8 1 - 8 3

Part 8 - Mechanical Safety G e n e r a l p r o v i s i o n s............................................ 8 4 - 8 5 C o n t a c t w i t h m a c h i n e s ............................................8 6 S a f e g u a r d s.....................................................8 7 Starting and stopping machines .................................. 8 8 - 8 9 C h a i n s a w s.....................................................9 0 269

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Part II Regulations A u t o m o t i v e p i t s.................................................9 1 T i r e r e p a i r a n d m o u n t i n g..........................................9 2 Conveyors .................................................. 9 3 - 9 6 A b r a s i v e w h e e l s a n d g r i n d e r s.................................. 9 7 - 1 0 0 C o m p r e s s e d a i r u s e d f o r c l e a n i n g..................................1 0 1 Space heating equipment ..................................... 102-103

Part 9 - Tools G e n e r a l p r o v i s i o n s.......................................... 104-105 P o r t a b l e p o w e r - o p e r a t e d h a n d t o o l s ............................106-107 P o w d e r - a c t u a t e d t o o l s...........................................1 0 8

Part 10 -Welding, Cutting, Burning and Soldering G e n e r a l p r o v i s i o n s.......................................... 109-112 W o r k o n c o n t a i n e r s ......................................... 1 1 3 - 1 1 5 Gas welding and allied process ................................ 1 1 6 - 1 1 7 A c e t y l e n e..................................................... 1 1 8 C o m p r e s s e d f l a m m a b l e g a s....................................... 1 1 9

Part 11 -Electrical Safety G e n e r a l p r o v i s i o n s.......................................... 120-122 P e r s o n a l p r o t e c t i v e e q u i p m e n t ................................. 123-124 Hazardous work ............................................ 125-126 P l a n o f e l e c t r i c a l i n s t a l l a t i o n......................................1 2 7 E l e c t r i c a l r o o m s................................................1 2 8

Part 12 -Confined Space Entry A p p l i c a t i o n a n d i n t e r p r e t a t i o n.....................................1 2 9 Assessment and written procedures.................................1 3 0 Certification of confined space conditions ...........................1 3 1 P u r g i n g a n d f u r t h e r t e s t i n g .......................................1 3 2 Response to hazardous condition...................................1 3 3 P r o t e c t i v e e q u i p m e n t a n d s e c u r i t y m e a s u r e s ......................... 1 3 4 R e s p i r a t o r y p r o t e c t i v e e q u i p m e n t..................................1 3 5 Hazard of electrical shock.................................... 136-137

Part 13 -Premises and Building Safety, Construction and Demolition Walking surfaces ........................................... 138-139 A c c e s s a n d e x i t ................................................1 4 0 S t a i r w a y s................................................. 141-143 R a m p s ................................................... 144-145 C a t w a l k s ......................................................1 4 6 L a d d e r s ................................................... 147-152 Underground utility lines.........................................1 5 3 Bracing and supports ............................................1 5 4 B y - s t a n d e r s a f e t y...............................................1 5 5 C o n s t r u c t i o n w o r k i n c o m p r e s s e d a i r ...............................1 5 6 Demolition ................................................ 157-165

Part 14 - E x c a v a t i o n s a n d T r e n c h e s................................ 166-173

Part 15 -Surface Mine Workings I n t e r p r e t a t i o n..................................................1 7 4 M a r k i n g l o c a t i o n a n d c o n t r o l o f e n t r y...............................1 7 5 R o a d w a y s a n d v e h i c l e s...................................... 176-180 O v e r b u r d e n ...................................................1 8 1 N o t i c e o f o p e r a t i o n .............................................1 8 2 270

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Part II Regulations I n s p e c t i o n s....................................................1 8 3 W a l l s ........................................................1 8 4 W o r k p r o c e d u r e s ........................................... 185-189

Part 16 -Equipment for Firefighters A p p l i c a t i o n a n d i n t e r p r e t a t i o n.....................................1 9 0 P r o t e c t i v e h e a d w e a r .............................................1 9 1 P r o t e c t i v e f o o t w e a r.............................................1 9 2 P r o t e c t i v e h a n d w e a r .............................................1 9 3 P r o t e c t i v e c o a t a n d t r o u s e r s.......................................1 9 4 R e s p i r a t o r y p r o t e c t i v e e q u i p m e n t.............................. 195-196 Body harnesses and safety ropes ............................... 197-199 P o r t a b l e l a d d e r s................................................2 0 0 A e r i a l d e v i c e s .................................................2 0 1 B a t t e r y p o w e r e d l i g h t s ..........................................2 0 2 Industrial firefighters ............................................2 0 3

Part 1 - Title and

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

Definitions 2 In these regulations, (a) "adequate" means sufficient to protect a person from injury or damage to health; (b) "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; (d) “ASME” means the American Society of Mechanical Engineers; (e) “ASTM” means the American Society for Testing and Materials; (f) “CGSB” means the Canadian General Standards Board; (g) "competent person" means a person who is (

i) qualified because of that person's knowledge, training and experience to do the assigned work in a manner that will ensure 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; (h) "CSA" means the Canadian Standards Association; 271

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Part II Regulations (i) "demolition" means the destruction or removal of all, or part, of an existing building or structure; (j) “designated” means designated, in writing, by the employer unless otherwise specifically provided; (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 system of vertical and horizontal members that warn of a fall hazard and 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 mechanical device or equipment and its structure used for moving, lifting, or lowering material, including a mobile crane, a tower crane, an electric overhead travelling crane, an automotive lift, a winch, a chain fall or other similar device, but does not include an industrial lift truck, a power operated elevating work platform, a device to which the Elevators and Lifts Act applies or a hoist serving the underground at an underground mine; (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; 272

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Part II Regulations (r) "industrial lift truck" means a self-propelled vehicle (

i) designed primarily to carry, lift, stack, tier, push or pull material, (ii) equipped with an elevating mechanism, and (iii) with a lifting capacity that is greater than 450 kg, but does not include a hoist; (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) "machine" means an apparatus for applying mechanical power that has several parts, each with a definite function; (u) "manufacturer's specifications" means (

i) the written instructions or recommendations 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) an instruction, operating or maintenance manual and drawings respecting a machine, tool or equipment; (v) “NFPA” means the National Fire Protection Association; (w) "power line" means the above-ground or underground wiring that is used to distribute electricity to the workplace; (x) "power line equipment" means the components that are required to distribute electricity to the workplace by means of a power line; (y) “power operated elevating work platform” means a temporary horizontal working surface that provides access and support to a person at a workplace, and that is elevated and lowered by means of a mechanical, hydraulic, pneumatic or other powered mechanism and that complies with

Section 36 of the Fall Protection and Scaffolding Regulations, including a standard listed in subsection (4) thereof; 273

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Part II Regulations (z) "powered mobile equipment" means self-propelled equipment designed to operate in conditions other than a public highway, but does not include an industrial 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) "tool" includes a hand tool, a portable power-operated hand tool and a powder-actuated tool; (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 is working, or may be required or permitted to 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. Duties of parties 4( 1 ) Where these regulations impose a duty on an employer, the duty is also imposed on a 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, (

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 274

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Part II Regulations (

b) where a provision in a lease or other agreement relating to property rights gives a specified owner authority to control an aspect of lands or premises that are used as a workplace, the provision is prima facie evidence that the specified owner has the greatest degree of control over that aspect of the land or premises. Conflict with incorporated standard 5 In the event of an inconsistency between these regulations and a standard incorporated by reference in these regulations, the regulations prevail over the standard to the extent of the inconsistency.

Compliance with specified editions of standards 6( 1 ) Subject to subsection (2), where these regulations require that an object, or activity in relation to an object, comply with an edition of a standard published in a specified year, (

a) if the requirement is to ensure that an object physically conforms to the standard, the object shall be deemed to comply with the standard if (

i) it conforms to the physical specifications contained in the latest version of the standard published at the object's date of manufacture, or (ii) in the event that no version of the standard existed at the object's date of manufacture, it conforms to generally accepted engineering principles prevailing at the object's date of manufacture, unless there is evidence raising a reasonable doubt as to whether the object is adequate; (

b) if the requirement is to ensure that inspection, maintenance, use or other activity in relation to an object is carried out in accordance with the standard, compliance with the standard is required unless it is established that compliance with an earlier version of the standard, or with generally accepted engineering principles prevailing at the object’s date of manufacture, is more likely to ensure adequate performance of the object. (2) Subsection (1) does not apply to the requirement to conform to an edition of a standard appearing in subsection 10(1),

Section 11, subsection 13(2),

Section 14, subsections 16(2), 18(1), 45(2), and 134(4),

Section 136, subsection 154(4), or

Section 156. Consultation and implementation 7 An employer developing or reviewing a written policy or procedure for the purpose of these regulations shall do so in consultation with the committee or representative, if any. 275

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Part II Regulations 8 Where a written policy or procedure is developed for the purpose of the Act or these regulations, the employer shall ensure that (

a) the policy or procedure is adequate and implemented; and (

b) each employee required to perform a function under the policy or procedure is trained in respect of the policy or procedure generally, and in particular in the requirements relating to that employee.

Part 3 - Personal Protective Equipment Use of personal protective equipment 9( 1 ) An employer shall ensure the use of the type and level of personal protective equipment or device that is required for an assigned task based on (

a) the nature of the task; (

b) the location and the condition of the workplace; and (

c) other hazards that may affect the health and safety of people in the workplace.

(2) Where personal protective equipment is required by the employer, the Act or any regulations, (

a) an employer shall ensure that (

i) an employee is trained in the proper use and care of the personal protective equipment, (ii) an employee wears and uses the protective equipment in accordance with the instruction and training provided, and (iii) the personal protective equipment is (

A) maintained, and (

B) tested or visually inspected before each use, as appropriate to the type of equipment to be used, in accordance with the manufacturer’s specifications; and (

b) an employee shall wear and use the protective equipment as so required.

(3) Where a person identifies any defect in personal protective equipment that may impair the adequacy of the equipment, the employer shall ensure that the personal protective equipment is not used until it is repaired. 276

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Part II Regulations Hazard to eyes, face or neck 10

(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 CAN/CSA-Z94.3-92, "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 shall ensure that protective equipment is worn that is appropriate to the hazard and that complies with CSA Standard (

a) CAN/CSA-Z94.1-92, "Industrial Protective Headwear"; or (

b) CSA - Z94.1 - M1977, “Industrial Protective Headwear”. Hazard to foot or skin 12

(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 CSA standard CAN/CSA-Z195-M92, "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 13

(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 adequate respiratory protective equipment that is appropriate to the hazard.

(2) An employer shall ensure that the compressed breathing air used in self- contained respiratory protective equipment complies with or exceeds CSA standard CAN3-Z180.1-M85, “Compressed Breathing Air and Systems”. Risk of drowning 14 Where a person is exposed to the risk of drowning, an employer shall provide and ensure the use of a personal flotation device that complies with CGSB standard CAN/CGSB-65.11-M88, "Personal Flotation Devices" or an alternative means of protection that provides an equivalent level of safety to prevent the person from drowning. 277

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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. Lighting 16

(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, considering the nature of the work, an employer shall use the applicable ANSI standard listed below to determine the lighting required by subsection (1): (

a) ANSI/IES-RP-7-1991, “American National Standard Practice for Industrial Lighting”; (

b) ANSI/IES RP3 - 1988, “American National Standard Guide for Educational Facilities Lighting”; or (

c) ANSI/IES RP-1-1992, “American National Standard Practice for Office Lighting”. 278

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Part II Regulations 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 18

(1) An employer shall, where reasonably practicable, make accessible sufficient potable water for drinking and hand-cleaning that meets the standards set out in the Guidelines for Canadian Drinking Water Quality, Sixth Edition, published under the authority of the Minister of Health Canada, 1996.

(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 19

(1) An employer shall make accessible a minimum number of toilets for each gender, determined according to the maximum number of people of each gender who are normally employed at any one time at the same workplace, as follows: (

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

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

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

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

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

f) where the number of people exceeds 100, 5 toilets and 1 toilet for every 30 such people in excess of 100. 279

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Part II Regulations

(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 people 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 b 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 20

(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. 280

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Part II Regulations

(2) Where the workplace does not have running water and toilet facilities are provided, an employer shall provide hand-cleaning facilities or supplies, where it is reasonably practicable.

(3) An employer shall provide a hand-cleaning facility and supplies as close to the toilet as is reasonably practicable and provide sufficient additional hand-cleaning facilities as close as is reasonably practicable to additional toilets.

(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 21

(1) Where the possibility of contamination of food from a hazardous substance exists in a work area, an employer shall provide an eating area separate from the work area.

(2) Where an eating area referred to in subsection (1) is in an enclosed structure, the employer shall ensure that the eating area (

a) is kept in a sanitary condition; and (

b) is adequately provided with (

i) light, heat and ventilation, (ii) tables and seating sufficient for the number of people 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 22

(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. 281

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Part II Regulations

(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 a person’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 people 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 oC and 45oC; and (

c) sufficient soap and towels. Emergency showers and eyewashes 23

(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, as necessary in the circumstances, provide (

a) an emergency shower; (

b) an eye wash fountain; or (

c) other equipment sufficient for removal of the substance in the work area where the exposure may occur.

(2) An employer shall ensure that an adequate emergency shower or eye wash fountain is designed, installed, inspected, tested, maintained and operated in accordance with the manufacturer's specifications. 282

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Part II Regulations Housekeeping 24 An employer shall ensure that waste material and debris are removed from a workplace to a suitable disposal area on a regular basis, so as to prevent a hazard. Fire protection and escape 25

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

(2) An employer shall maintain and service the fire protection equipment required in subsection (1) in accordance with the manufacturer's specifications.

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

a) where the workplace is an occupied or enclosed structure, the Fire Prevention Act; or (

b) where the workplace is a project,

Part 8 of the Nova Scotia Building Code under the Building Code Act.

(4) Subject to the Fire Prevention Act, 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 and 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. 27

(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) Subsection (1) does not apply during demolitions while 283

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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 being 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 E to the horizontal, is enclosed on all sides; and (

c) has an adequate gate on every loading entrance to the chute. 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 dry material has a lid, an adequate ventilation system and is fire-resistant. 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; 284

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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. 34

(1) Where unconsolidated bulk material is stockpiled, an employer shall ensure that it is inspected to determine if it is in a safe condition before a person is permitted to work close to or on the pile.

(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 stockpiling and removal is done in accordance with the specifications certified by an engineer following consultation with the committee or representative, if any.

(3) Where the face of unconsolidated bulk material that is stockpiled is undermined by means of powered mobile equipment, an employer shall ensure that the undermining 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 90E angle to the face of the material; and (

c) done as specified 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 An employer shall ensure that any material or debris is collected, and removed or positioned so as not to endanger the safety of a person at the workplace. 285

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Part II Regulations Hazardous substance storage 36

(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. 38

(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. 286

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(3) The employer shall ensure that a carboy holding a liquid hazardous substance is in adequate condition. 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. 40 An employer shall ensure that piping and associated equipment for a hazardous substance is (

a) appropriate for the substance contained; (

b) maintained in adequate operating condition; and (

c) regularly inspected. 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 developed 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 42

(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 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 the electric charging is performed in a designated area or room that (

a) is adequately ventilated to prevent the accumulation of flammable gases; 287

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b) is marked at the entrance with a notice prohibiting smoking or open flames; (

c) has a floor made of non-sparking material; (

d) 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 (

e) is not used for general storage of objects unrelated to the charging process.

(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. 43

(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 clear ventilation openings; and (

c) where a rechargeable storage battery containing electrolyte is of no further use, is disposed of in a manner that prevents unintentional spillage of electrolyte. Compressed gas 45

(1) An employer shall ensure that compressed gas in a container is used, stored and handled in an adequate manner. 288

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(2) For the purpose of subsection (1), Compressed Gas Association standard CGA P-1-1991, "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. 46

(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 Compressed Gas Association standard ANSI/CGA V-1-1994, "American National Standard/Compressed Gas Association Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections". Portable compressed gas cylinders 47

(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 Prevention 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 oC; (

b) with cylinders grouped by types of gas and the groups arranged to take into account the gases contained; 289

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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 Prevention 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. 48

(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 adopt an adequate refuelling procedure for equipment that has an internal combustion engine and an employee shall follow the procedure when refuelling equipment. 290

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Part 6 - Lock-out

Interpretation, application, control and energizing 51

(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; and (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 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 291

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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 52

(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 a zero energy state, (ii) is locked out, (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.

(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. 53

(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, 292

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

a) is operated by a designated 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; (

c) has any load on it adequately secured where necessary to prevent a hazard to a person in the workplace; 293

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d) is provided with safe means of access and exit from the operator's position and any passenger’s position. Signaller 57

(1) An employer shall designate one or more competent persons as a signaller to direct the safe movement and operation of the equipment where the operator of a hoist, industrial 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, industrial 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. 294

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Part II Regulations Safety equipment and precautions 58

(1) An employer shall ensure that a hoist, industrial 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 stabilizers is operated with stabilizers engaged, unless the manufacturer’s specifications permit otherwise. 60 An employer shall ensure that a hoist, industrial lift truck or powered mobile equipment is not altered in such a way as to render ineffective a safety device or control designed and installed by the manufacturer, 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, industrial lift truck or powered mobile equipment does not tip or roll over.

Overhead protection 62

(1) Where the 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 applicable SAE standard listed below or that is certified by an engineer or the manufacturer to provide equivalent or better protection: (

a) SAE J167 APR92, "Overhead Protection for Agricultural Tractors - Test Procedures and Performance Requirements"; 295

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b) SAE J231 JAN81, "Minimum Performance Criteria for Falling Object Protective Structures (FOPS)"; (

c) SAE J397 OCT95, "Deflection Limiting V olume - Protective Structures Laboratory Evaluation"; (

d) SAE J1042 JUN93, "Operator Protection for General-Purpose Industrial Machines"; (

e) SAE J1043 SEP87, "Performance Criteria for Falling Object Protective Structures (FOPS) for Industrial Machines"; or (

f) SAE J1084 APR80, "Operator Protective Structure Performance Criteria for Certain Forestry Equipment".

(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 designated competent person. Rollover protection 63

(1) An employer shall ensure that, where reasonably practicable, powered mobile equipment manufactured on or after January 1, 1974 is equipped with a rollover protective structure that meets the minimum safety requirements of CSA standard B352.0-95, "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 than the standard.

(2) Where reasonably practicable, an employer shall ensure that powered mobile equipment or an industrial lift truck manufactured before January 1, 1974 is equipped with a rollover protective structure that meets 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 296

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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 designated competent person. 65

(1) An employer shall ensure that powered mobile equipment that has been fitted with a rollover protective structure has (

a) seat belts for the operator and passengers that comply with or exceed the applicable SAE standard listed below: (

i) SAE J386 JUN93, "Operator Restraint System for Off-Road Work Machines", or (ii) SAE J800 JUN94, "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 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, industrial 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 67

(1) Unless otherwise authorized by an enactment, no person shall operate an industrial lift truck or powered mobile equipment with passengers on the truck or equipment, unless the truck or equipment is designed to accommodate them safely. 297

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(2) An employer shall ensure that powered mobile equipment that has an internal combustion engine is provided with fire protection equipment adequate for the hazards of the vehicle or equipment.

(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 an industrial lift truck or powered mobile equipment and another object or a person; or (

b) adopt a written procedure that provides an equivalent level of safety. Visibility 68 Where work with a hoist, industrial 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 an industrial 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. 70

(1) An employer shall ensure that a hoist, industrial lift truck or powered mobile equipment that has wire ropes, drums and sheaves is inspected 298

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

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

(2) An employer shall ensure that, where a person works under a hoist, industrial 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 72 An employer shall ensure that a hoist is designed, installed, erected, examined, inspected, tested, operated and maintained in accordance with the applicable CSA or ANSI standard listed below: (

a) CSA standard B167-96, “Safety Standard for Maintenance and Inspection of Overhead Cranes, Gantry Cranes, Monorails, Hoists, and Trolleys”; (

b) CSA standard C22.2 No. 33-M1984, “Construction and Test of Electric Cranes and Hoists”; (

c) CSA standard Z150-1998, “Safety Code for Mobile Cranes”; (

d) CSA Standard Z248-1975, “Code for Tower Cranes”; (

e) ANSI standard ANSI/ALI B153.1-1990, “American National Standard For Automotive Lifts - Safety Requirements for the Construction, Care, and Use”; or (

f) ANSI standard ANSI/ALI ALOIM-1994, “American National Standard for Automotive Lifts - Safety Requirements for Operation, Inspection and Maintenance”. 73

(1) In this

Section and Sections 74 and 80, "safe working load" means the maximum load that a hoist is designed to lift or the reduced maximum load that a hoist shall lift in accordance with this Section.

(2) Subject to subsections (3), (9) and (10), an employer shall obtain a statement of the safe working 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 safe working load of the hoist from an engineer. 299

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(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 by subsection (4) shall confirm that a hoist has a safe working load identified and all of its components are able to operate safely within its safe working 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 safe working load, including, where appropriate, a running test, load test, deflection test and brake test.

(7) An employer shall post a legible statement of the safe working 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 safe working load of the hoist, an employer shall obtain a revised statement of the safe working 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 safe working load is warranted or has been informed by the manufacturer of the hoist or an engineer that a reduction in the safe working load is warranted, the employer shall (

a) obtain a revised statement of the safe working load of the hoist from the manufacturer or an engineer; 300

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b) reduce the safe working load of the hoist to a revised level certified as adequate by the manufacturer or an engineer; and (

c) remove the statement of safe working load from the hoist and post the revised statement of safe working load on the hoist in the manner described in subsection (7).

(11) Where the employer has obtained a revised statement of the safe working 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. 74

(1) Subject to subsection (2), the operator of a hoist shall not subject the hoist to a load in excess of its safe working 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 safe working 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. 75

(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 by these regulations; and 301

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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 developed a written work procedure to provide adequate warning or information about the hazard to people 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

(1) In this

Section and Sections 78 and 79, "mobile crane" means a hoist that is self-propelled and mounted on wheels or tracks.

(2) An employer shall ensure that a mobile crane (

a) has installed and maintained in a safe condition a device that warns the operator when continued movement may cause the load attached to a hoist to strike the upper sheaves of the hoist; and (

b) if equipped with a boom, has 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. 302

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(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) An employer shall ensure that rigging hardware is constructed, installed, operated, inspected and maintained in accordance with the applicable ASME standard listed below: (

a) ASME B30.9-1996, “Slings”; (

b) ASME B30.10-1993, “Hooks”; or (

c) ASME B30.20-1993, “Below-the-Hook Lifting Devices”.

(3) Where none of the standards referred to in subsection (2) applies, an employer shall ensure that the rigging hardware complies with an adequate design certified by an engineer.

(4) Where rigging hardware is commercially manufactured, an employer shall assemble, use, maintain and inspect it in accordance with the manufacturer's specifications.

(5) Where one or more components of rigging hardware are not commercially manufactured, a competent person shall adequately design the component.

(6) In addition to any inspection referred to in subsection (4), a designated competent person shall inspect the rigging hardware prior to each use to ensure that no defect exists that may affect its structural integrity.

(7) In addition to the requirements of subsection (6), the employer shall ensure that a designated competent person inspects the rigging hardware to ensure that the rigging hardware is able to operate safely within the safe working load of the hoist to which it is attached (

a) prior to being put into initial service or after 1 month or more of disuse; and (

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

(8) Where the competent person conducting an inspection 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 it is repaired.

(9) An employer shall maintain a record of (

a) inspections referred to in subsections (4), (6) and (7); and (

b) repairs to rigging hardware, including the date, time, nature and results of the inspection or repair and the name of the person who performed the inspection or repair. 303

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

a) on the device in a permanent and clearly legible manner; or (

b) to the persons who are to use the rigging hardware, by means of adequate training and other information sufficient to ensure that each such person is knowledgeable about the capacity of the rigging hardware.

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

(12) Before a load is raised by a hoist, a competent person shall ensure that the load is secured to the hoist in an adequate manner by means of appropriate rigging hardware. Industrial lift trucks 81 An employer shall ensure that an industrial lift truck (

a) is designed, installed, erected, examined, inspected, operated and maintained in accordance with the applicable ASME standard listed below, where applicable, (

i) ASME B56.1-1993, "Safety Standard for Low Lift and High Lift Trucks", or (ii) ASME B56.6-1992, "Safety Standard for Rough Terrain Forklift Trucks"; (

b) in addition to any inspection required by clause (a), is inspected at the beginning of each shift in which it is used to ensure it is in a safe working condition. 82

(1) An employer shall ensure that an industrial lift truck is not operated (

a) where propelled by an internal combustion engine, in a building or other enclosed structure where adequate ventilation, monitoring and record keeping practices are not carried out so as to eliminate the hazards from exhaust gases; and (

b) near an area containing airborne dust or flammable vapour in a concentration that may cause an explosion; or (

c) in a manner that may endanger a person.

(2) An employer shall ensure that where an industrial 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 304

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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 shall ensure that an industrial lift truck that is propelled by propane (

a) has all engine and fuel components designed, assembled, examined, inspected, operated and maintained in accordance with

Part 13 of the Canadian Gas Association standard CAN/CGA - B149.2 - M95, "Propane Installation Code"; and (

b) has the components that are propane appliances and equipment repaired and maintained by a designated competent person. 83 Where an industrial lift truck is used with a fork lift platform for lifting a person, the employer shall ensure that (

a) the industrial lift truck is inspected by an engineer at least once in the preceding 12 months to determine its adequacy for the purpose; and (

b) the engineer provides a written report certifying the results of the inspection.

Part 8 - Mechanical Safety General provisions 84

(1) An employer shall ensure that a machine 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. 85

(1) An employer shall ensure that an operator of a machine or tool is a competent person. 305

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(2) An employer shall ensure that a person responsible for maintaining a machine or tool is a competent person. Contact with machines 86

(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 87

(1) In this

Section “safeguard” means a guard, shield, guardrail, fence, gate, barrier, safety net, wire mesh or other protective enclosure, handrail or other similar device designed to protect the safety of the person, 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) adopt 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; 306

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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 that the access door is fitted with interlocks that (

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

b) disconnect the power from the driving mechanism, causing the moving parts to stop immediately if the door is opened. Starting and stopping machines 88

(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 307

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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 the continuous operation of a tool or machine, if unattended, creates a hazard to a person in the workplace, an employer shall ensure that the machine or tool is equipped with a 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 shall ensure that a chain saw complies with the CSA standard CSA Z62.1-95, “Chain Saws”.

Automotive pits 91 An employer shall ensure that an automotive pit is designed, installed, operated, inspected and maintained in accordance with the National Fire Protection Association standard NFPA 1, “Fire Prevention Code”, 1997 edition,

chapter 22-2, “Service Stations, Pits, Below-Grade and Sub-Floor Work Areas” and complies with sections 20-100 to 20-114 of the CSA standard C22.1-98, “Canadian Electrical Code

Part 1 (18th edition), Safety Standard for Electrical Installations”. Tire repair and mounting 92

(1) Where a split rim or retainer ring type tire is being inflated, to control the hazard of the tire exploding, 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 93

(1) This

Section and Sections 94, 95 and 96 do not apply to any device that is intended for the transport of people 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; 308

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b) shearing points between moving and stationary parts are avoided; and (

c) the conveyor cannot feed onto a stopped power-driven conveyor.

(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. 94

(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 it is equipped with guards or other adequate protection to prevent the material from falling from the conveyor to the workplace below. 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 97

(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, both the abrasive wheel and the grinder are inspected by a designated competent person for flaws, defects or cracks. 98

(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 309

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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 designated 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 101

(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 at least 75 mm in thickness; or (

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; 310

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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. 105

(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 tool that is to be struck by a tool used by another person, the tool 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 designated 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. 107

(1) Where reasonably practicable, an employer shall ensure that hydraulic, pneumatic, chemical and electrical lines and hoses for portable power- operated hand tools do not run across aisles, travel ways or work areas so as to create a tripping hazard.

(2) This

Section does not apply where a firefighter is engaged in structural fire-fighting or rescue. Powder-actuated tools 108

(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. 311

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(2) An employer shall ensure that a powder-actuated tool is operated by a competent person in accordance with Sections 1 to 9 of ANSI standard A10.3-1995, "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 ANSI standard A10.3- 1995, "American National Standard for Construction and Demolition Operations - Powder-Actuated Fastening Systems - Safety Requirements".

Part 10 - Welding, Cutting, Burning and Soldering General provisions 109

(1) In this Part, “welding or allied process” means any specific type of electric or oxy fuel gas welding or cutting process referred to in Appendix A of CSA standard CSA W117.2 - 94, “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 comply with the requirements of CSA standard CSA-W 117.2 -94, “Safety in Welding, Cutting and Allied Processes”. 110

(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 designated competent person. 111

(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. 312

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(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. 112

(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 113

(1) An employer shall ensure that no person performs a welding or allied process on a container or pipe or a pipe, valve or fitting connected to a container or pipe 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 adopted by the employer.

(2) Where a container or pipe, or a pipe, valve or fitting connected to a container or pipe holds or may have held an explosive, flammable or otherwise hazardous substance, an employer shall include in the written work procedure required in subsection (1), provision (

a) for disconnecting and blanking off or moving out of alignment pipes or locking out valves in the closed position; (

b) that after ventilation, a designated competent person shall (

i) 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 10 % of the lower explosive limit, in the areas to be welded or processed, and (iii) record the results of the examination and test, date and sign the record, and certify that work involving the application of heat can be safely undertaken; 313

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c) that no welding or allied process shall be conducted where the tests required by clause (

b) indicate the presence of an explosive or flammable substance at levels greater than 10% of the lower explosive limit in the area to be welded or processed.

(3) 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. 115

(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 116

(1) An employer shall ensure that a person performing a gas welding or allied process tests a regulator 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; 314

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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. Compressed flammable gas 119 An employer shall ensure that a cylinder of compressed flammable gas is not stored in the same room as a compressed oxygen cylinder, unless the storage arrangements are in accordance with

Part 3 of the National Fire Code of Canada, 1995.

Part 11 - Electrical Safety General provisions 120

(1) An employer shall ensure that an electrical installation is designed, installed, assembled, operated, inspected, serviced, tested, maintained, repaired and dismantled in an adequate manner in accordance with the latest edition of the Canadian Electrical Code published by the CSA.

(2) The employer operating a surface mine shall ensure compliance with CSA standard CAN/CSA-M421-93, "Use of Electricity in Mines". 121

(1) Subject to subsection 120(2) and to the Underground Mining Regulations, an employer shall ensure that a power line or power line equipment is designed or constructed to comply with the applicable CSA standard listed below: (

a) CAN/CSA-C22.3 No.1-M87, "Overhead Systems"; and (

b) CAN3-C22.3 No.7-94, "Underground Systems".

(2) Subject to subsection 120(2) and to the Underground Mining Regulations, 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 CSA standard CSA C235-83-CAN 3, "Preferred V oltage 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 123

(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 315

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a) necessary to work safely on an energized electrical installation; and (

b) complying with the applicable CSA or ASTM standard listed below: (

i) CSA Z259.4-M1979, "Rubber Insulating Gloves and Mitts”, (ii) CSA Z259.5-M1979, "Rubber Insulating Sleeves", (iii) CSA Z259.6-M1981, "Rubber Insulating Blankets", (iv) CSA Z259.7-M1981, "Rubber Insulating Line Hose", (

v) CSA Z259.8-M1981, "Rubber Insulating Covers", (vi) ASTM D 178-93, "Standard Specification for Rubber Insulating Matting", (vii) ASTM F 696-97, "Standard Specification for Leather Protectors for Rubber Insulating Gloves and Mittens", and (viii) ASTM F 711-89, "Standard Specification for Fibreglass - 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). 124

(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) Subject to subsection (5), a person may use rubber gloves instead of hot line tools to handle energized power lines or power line equipment rated at or below 15 000 v to ground, where a written work procedure has been submitted to the Director by the employer and 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 316

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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 125

(1) In this

Section (a) “switching device” means a device designed for the sole purpose of opening, closing or opening and closing one or more electrical circuits, and includes (

i) 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, (ii) a cutout assembly of a fuse support with either a fuse holder, fuse carrier or disconnecting blade, and (iii) 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.

(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 317

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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. 126

(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 at an adequate distance 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 318

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(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 127

(1) The owner of a building or structure shall create and maintain a plan, including a line diagram, that describes the position and the ratings of the components of the electrical installation and shall update the plan to reflect a repair or alteration to the electrical installation, where an electrical installation utilized in a building or structure 319

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a) is rated at greater than 250 v phase to phase; (

b) is rated at greater than 250 amperes; or (

c) has multiple service entrances. Electrical rooms 128

(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 V oltage".

(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 129

(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.

(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 been trained adequately for confined space entry. Assessment and written procedures 130

(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 develop 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 320

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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), and (ii) a determination as to whether more than one person shall be present outside a confined space during the occupancy of any person; (

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; 321

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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 equipment and emergency equipment referred to in this Section.

(5) An employer shall ensure that (

a) a person who may enter a confined space, or (

b) a person who may undertake the rescue operations, is trained at least once every 2 years in accordance with the procedures outlined in clause (3)(b).

(6) Every person who enters into, exits from or occupies the confined space shall follow the written procedures and use the protective equipment and emergency equipment as required.

(7) An employer shall review the confined space entry procedure at least once a year and amend it, if necessary.

(8) An employer shall designate a competent person who shall perform the assessment required in clause (3)(a), which shall include (

a) where the level of a chemical substance or a mixture of chemical substances may constitute a hazard, tests to ensure that the concentration of a chemical substance or a mixture of chemical substances in the confined space does not exceed its occupational exposure limit under the Occupational Health Regulations or 50% of its lower explosive limit; (

b) where the level of a physical agent may constitute a hazard, tests to ensure that the level of the physical agent in the confined space is not hazardous; (

c) tests to ensure that the level of oxygen in the atmosphere in the confined space is not less than 19.5 % and not more than 22.5 %, unless the employer can demonstrate that an unsafe oxygen level is not a possibility in the circumstance; (

d) a determination of whether the concentrations, levels or percentages referred to in clauses (a), (

b) and (

c) can be maintained during the period of proposed occupancy of the confined space; 322

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e) a confirmation that any liquid in which the person may drown or any free flowing solid in which a person may become entrapped has been removed from the confined space or that work practices have been developed that specifically address the presence of the liquid or solid; (

f) a confirmation that entry of any liquid, free flowing solid or hazardous substance into the confined space that could endanger the health or safety of a person has been prevented by a secure means of disconnection, the fitting of blank flanges or the implementation of a double block and bleed written procedure established by the employer or similar positive actions; (

g) confirmation that a machine, equipment, tool or electrical installation that presents a hazard to a person entering into, exiting from or occupying the confined space has been locked out; and (

h) confirmation that the opening for entry into and exit from the confined space is sufficient to allow safe passage of a person who is using personal protective equipment or emergency equipment.

(9) Where there is no possibility that a hazard identified in clauses (8)(a), (

b) and (

c) may occur, the requirements of clause (3)(

h) do not apply.

(10) The competent person referred to in subsection (8) shall, when performing the tests required under claus