Occupational Health and Safety Act and Regulations
for Construction Projects
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Construction
Safety Organization of Ontario
Current
Regulation
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New
Regulation
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1.
(1) In this Regulation, "adequate", in relation to a procedure,
material, device, object or thing, means sufficient for its intended
use and sufficient to protect a worker from damage to the worker's
body or health, and "adequately" has a corresponding meaning; |
1.
(1) In this Regulation, "adequate", in relation to a procedure,
material, device, object or thing, means,
(a) sufficient
for both its intended and its actual use, and
(b) sufficient to protect a worker from occupational illness or
occupational injury, and "adequately" has a corresponding
meaning; "approved", in relation to a form, means approved
by the Minister;
"blocker truck" means a truck that weighs at least 6,800
kilograms and has four-way flashers and a mounted flashing arrowboard
sign;
"Building Code" means Ontario Regulation 403/97,
made under the Budding Code Act,
1992;
"crash truck" means a blocker truck that is equipped with
a crash-attenuating device; |
1.
"fall arrest system" means an assembly of components intended
to arrest the fall of a worker; |
1.
"fall arrest system" means an assembly of components joined
together so that when the assembly is connected to a fixed support,
it is capable of arresting a worker's fall;
"fall restricting system" means a type of fall arrest system
that has been designed to limit a worker's fall to a specified distance;
"fixed support" means a permanent or temporary structure
or a component of such a structure that can withstand all loads and
forces the structure or component is intended to support or resist
and is sufficient to protect a workers health and safety, and
includes equipment or devices that are securely fastened to the structure
or component;
"freeway" means a controlled-access highway that has a continuous
dividing median and a normal posted speed limit of 90 kilometers per
hour or more; |
1.
"guardrail" means a guardrail that complies with standards
set out in
section 85; |
1.
"guardrail system" means an assembly of components joined
together to provide a
barrier to prevent a worker from falling from the edge of a surface;
"highway" means a common and public highway, street, avenue,
parkway, driveway, square, place, bridge, viaduct or trestle, any
part of which is intended for or used by the general public for the
passage of vehicles;
"longitudinal buffer area" means the area of a project between
the end of a lane closure taper and the start of a work area; |
1.
"public way" means a sidewalk, street, highway, square or
other open space to which the public has access, as of right or by
invitation, expressed or implied; |
1.
"public way" means a highway or other street, avenue, parkway,
driveway, square, place, bridge, viaduct, or other open space to which
the public has access, as of right or by expressed or implied invitation;
"roadway" means the traveled portion of a highway; |
1.
"safety net" means a net that is located and supported in
such a way that it arrests the fall of a worker who may fall into
it without endangering the
worker; |
1.
"safety net" means a safety net that complies with section
26.8, and is located and supported in such a way that it arrests the
fall of a worker who may fall into it without endangering the worker; |
1.
"sheathing" means the vertical members of shoring that are
placed up against the walls of an excavation to directly resist the
pressure exerted from the walls of the excavation; |
1.
"sheathing" means the members of shoring that are placed
up against the walls of an excavation to directly resist the pressure
exerted from the walls of the excavation; "sign truck" means
a vehicle that has,
(a) four-way
flashers and a mounted flashing arrowboard sign, or
(b) a portable trailer with a mounted flashing arrowboard sign;
tower crane"
means a traveling, fixed or climbing mechanical device or structure
that has,
(a) a boom,
a jib or both;
(b) a power-driven drum and wire rope to raise, lower or move material;
and
(c) a vertical mast.
"travel restraint system means an assembly of components
capable of restricting a worker's movement on a work surface and preventing
the worker from reaching a location from which he or she could fall; |
1.
(2) In this Regulation, a short form listed in Column 1 of the Table
to this subsection has the same meaning as the term set out opposite
to it in Column 2.
Table
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Column
1 |
Column
2 |
Short
Forms |
Correspondence
Terms |
CSA |
Canadian
Standards Association |
CAN |
National
Standards of Canada |
DIN |
Deutsche
Industrie Norm |
Ga |
Gauge |
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1.
(2) No change
Table
|
Column
1 |
Column
2 |
Short
Forms |
Correspondence
Terms |
ANSI |
American
National Standards
Institute |
CSA |
Canadian
Standards Association |
CAN |
National
Standards of Canada |
DIN |
Deutsche
Industrie Norm |
GA |
Gauge |
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4.
The Director of the Construction Health and Safety Branch may designate
in writing a part of a project as a project and the designated project
is considered to be a project for the purposes of the Act and this
Regulation.
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4.
A Director may designate in writing a part of a project as a project
and the designated
project is considered to be a project for the purposes of the Act
and this Regulation. |
5.
(1) Every constructor shall register with the Director of the Construction
Health and Safety Branch before or within thirty days after undertaking
a project.
(2) Every employer engaged in construction shall register with the
Director of the Construction Health and Safety Branch before or within
thirty days after first employing a worker in construction.
(3) A registration under this section shall be made by filing a statement
that sets out,
(a) in the
case of a constructor or employer who is an individual or a sole proprietor,
(i) the full
name, regular business address and business telephone number of
then individual or sole proprietor, and
(ii) the residence address of the individual or sole proprietor;
(b) in the case of a constructor or employer
that is a partnership or syndicate,
(i)
its name or style,
(ii) its business address and telephone number,
(iii) if the partnership or syndicate is composed of any individuals,
the particulars required by clause (a) for those individuals,
and
(iv) If the partnership or syndicate is composed of any corporations,
the particulars required by clause (c) for those corporations;
(c) in the case of a constructor or employer
that is a corporation,
(i) its name,
(i) its date of incorporation
(ii) the province or jurisdiction in which it was incorporated,
(iii) its main business address
and telephone number,
(iv) the full name and residence address of each director of the
corporation and the date when he or she became a director,
and
(v) the full name and residence address of each of the principal
officers of the corporation and the date when he or she became
a principal officer;
(d) a description
of the type of construction in which the constructor
or employer is regularly engaged;
(e) the average
number of employees, if any, employed by the constructor or employer
to construct projects or parts of projects;
(f) The firm number, if any, assigned to the constructor or employer
by the Workplace Safety and Insurance Board;
(g) the rate number, if any, assigned to the constructor or employer
by the Workplace Safety and Insurance Board; and
(h) in the case of an employer, a statement as to whether, at the
time of registration, the employer has ever had the employer's assessment
increased by the Workplace Safety and Insurance Board under section
82 of the Workplace Safety and Insurance Act, 1997.
(4) The statement
must be verified by the
certificate of,
(a) the constructor
or employer if the constructor or employer is an individual or a
sole proprietorship;
(b) a partner of the constructor or employer if the constructor
or employer is a partnership or syndicate; or
(c) the president or a director of the constructor or employer if
the
constructor or employer is a corporation.
(5) Every constructor or employer shall notify the Director of the
Construction Health and Safety Branch of every change in the particulars
filed under subsection (3).
(6) A notice under subsection (5) shall be in writing, given within
thirty days after the change has occurred and shall give particulars
of the change and the date it occurred.
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5.
(1) Before beginning work at a project, each constructor and employer
engaged in
construction shall complete an approved registration form.
(2) The constructor shall ensure that,
(a) each employer
at the project provides to the constructor a completed approved
registration form; and
(b) a copy of the employer's completed form is kept at the project
while the employer is working there.
REVOKED
REVOKED
REVOKED
REVOKED
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6.
1) This section applies with respect to a project if,
(a) the total
cost of labour and materials for the project is expected to exceed
$50,000;
(b) the work is the erection or structural alteration of a building
more than two stories or more than 7.5 meters high;
(c) the work
is the demolition of a building at least four meters high with a
floor area of at least thirty square meters;
(d) the work is the erection, structural alteration or structural
repair of a bridge, an earth-retaining structure or a water-retaining
structure more than three meters high or of a silo, chimney or a
similar structure more than 7.5 meters high;
(e) work in compressed air is to be done at the project;
(f) a tunnel, caisson, cofferdam or well into which a person may
enter is to be constructed at the project;
(g) a trench into which a person may enter is to be excavated
at the project and the trench is more than 300 meters long or more
than 1.2 meters deep and over thirty meters long; or
(h) a part of the permanent or temporary work is required by this
Regulation to be designed by a professional engineer.
(2) A constructor
shall file a notice with a Director before beginning work on a project.
(3) If the work at a project is not expected to take more than fourteen
days, a constructor shall, before the work begins, provide by telephone
to an inspector at the nearest office of the Construction Health
and Safety Branch the information required under Subsection (5)
for the project.
(4) A constructor may begin work on a project before filing a notice,
(a) if the
work must be done immediately to prevent injury to people or damage
to property; and
(b) if the constructor provides by telephone to an inspector in
the nearest office of the Construction Health and Safety Branch
as soon as is practicable after work begins the information required
under subsection (5) for the project.
(5) A notice required by subsection (2) shall be signed by a representative
or agent of the constructor and shall,
(a) describe
the project;
(b) state the name, mailing address, address for service and telephone
number of the constructor and of the owner of the project;
(c) state the name of the supervisor in charge of the project and
the supervisor's mailing address, address for service and telephone
number;
(d) state the municipal address of the project or include a description
of its location, including its location with respect to the nearest
public highway, that is sufficient to enable the Director to locate
it;
(e) state the starting date and the anticipated duration of the
work;
(f) state the total cost for labour and materials for the project;
(g) list all designed substances that may be used handled or disturbed
by work on the project; and
(h) state whether a shaft tunnel, caisson or cofferdam is to be
constructed as part of the project.
(6) If a shaft,
tunnel, caisson or cofferdam is to be constructed at a project, a
notice shall set out in addition to the information described in subsection
(5),
(a) the specifications
for the proposed shaft, tunnel, caisson or cofferdam together
with drawings showing profiles, transverse sections and plans
for it; and
(b) the complete details of all temporary and permanent ground support
for the shaft, tunnel, caisson or cofferdam.
(7) Before work at a project begins, a constructor
shall post or have
available for review at the project
a copy of the notice.
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6.
NO CHANGE
2) The constructor
shall comply with subsection (3) or (4) before beginning work at
the project.
(3) The constructor shall complete an approved notification form
and file it at the Ministry
office located nearest to the project.
(4)If the constructor believes that the work at the project will
not take more than 14 days, the constructor may provide the relevant
information to an inspector at the Ministry office located nearest
to the project,
(a) by faxing
the completed form to the inspector, or
(b) by providing the information that would be required to complete
the form to the
inspector by telephone.
(5) Despite subsection (2), the constructor may begin
work at a project before complying
with subsection (3) or (4) if
the following conditions are met:
1. It is necessary
to do the work immediately to prevent injury to people or damage
to property.
2. Before
beginning the work, the constructor gives an inspector notice
of the information required in the form by telephone or fax.
REVOKED
REVOKED
(6) The constructor
shall keep the completed notification form posted in a conspicuous
place at the project or available at the project for review by an
inspector.
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7.
Before work is begun on a trench more than 1.2 meters deep into which
a worker may enter, the constructor shall notify by telephone an inspector
in the office of the Construction Health and Safety Branch nearest
to the project.
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7.
If Section 6 does not apply to a project but the project includes
work on a trench more than 1.2 meters deep into which a worker may
enter, the constructor shall, before any work at the project is begun,
give notice in person, by telephone or by fax to the Ministry office
located nearest to the project. |
8.
A written report under subsection 51 (1) of the Act respecting an
occurrence in which a person is killed or critically injured shall
set out,
(a) the name
and address of the constructor and the employer, if the person involved
is a worker;
(b) the nature and the circumstances of the occurrence and the bodily
injury sustained by the person;
(c) a description of the machinery or equipment involved;
(d) the time and place of the occurrence;
(e) the name and address of the person involved;
(f) the names and addresses of all witnesses to the occurrence;
(g) the name and address of the physician or surgeon, if any, by
whom the person was or is being attended for the injury; and
(h) the steps taken to prevent a recurrence. O. Reg. 213/91, s.
8.
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8.
NO CHANGE
(g) the name and address of any legally qualified medical practitioner,
by whom the person was or is being attended for the injury; and
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9.
(1) A notice under subsection 52(1) of the Act respecting an occurrence
involving a worker shall set out,
(a) the name,
address and type of business of the employer;
(b) the nature and the circumstances of the occurrence and the bodily
injury or illness sustained by the worker;
(c) a description of the machinery or equipment involved;
(d) the time
and place of the occurrence;
(e) the name and address of the worker involved;
(f) the names and addresses of all witnesses to the occurrence;
(g) the name and address of that physician or surgeon, if any,
by whom the worker was or is being attended for injury or illness;
and
(h) the steps taken to prevent a recurrence.
(2) A notice under subsection 52 (2) of the Act respecting a worker
occupational illness shall set out,
(a) the name,
address and type of business of the employer;
(b) the nature of the occupational illness;
(c) the name and address of the worker involved;
(d) the name and address of the physician or surgeon, if any, by
whom the worker was or is being attended for the illness; and
(e) the steps taken to prevent a recurrence
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9.
NO CHANGE
(g) the name
and address of any legally qualified medical practitioner, by whom
the
person was or is being attended for the injury; and
(g. 1) the name and address of each medical facility, if any, where
the worker was
or is being attended for the injury or illness: and
NO CHANGE
(2) A notice under section 52(2) of the Act (information and particulars
respecting a
workers occupational illness) shall contain the following information:
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12.
(1) This section applies with respect to an occurrence for which
a report under section 51(1) of the Act or a notice under section
52 or 53 of the Act is given, if the occurrence involved a failure
of all or part of,
(a) temporary
or permanent works;
(b) a structure;
(c) an excavation
wall or similar earthwork for which a professional engineer has
given a written opinion that the stability of
the wall is such that no worker will be endangered by it:; or
(d) a crane or similar hoisting device.
(2) An employer or constructor, as the case may be, who gives a report
under subsection 51(1) of the Act or a notice under section 52 or
53 of the Act shall, within fourteen days after the occurrence, give
the Director of the Construction Health and Safety Branch a written
opinion from a professional engineer stating the cause of the occurrence.
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12.
NO CHANGE
(2) A constructor or employer who submits a report under subsection
51(1) of the Act(notice of death or injury) or gives a notice under
section 52 or 53 of the Act(notice of accidents, etc.) shall also
provide, within 14 days after the occurrence, a professional engineers
written opinion stating the cause of the occurrence.
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13.
(1) A constructor shall post in a conspicuous place at a project and
keep
posted while work is done at the project a notice setting out.
(a) the constructors
name and if the constructor carries on
business in a different name, the business name:
(b) the address and telephone number of the constructors head
office or principal place of business in Ontario: and
(c) the address and telephone number of the head office and the
nearest office of the Construction Health and Safety Branch.
(2) Within forty-eight hours after a health and safety representative
or joint health and safety committee members are selected for a project,
a constructor shall add to the notice the name, trade and employer
of the health and safety representative or of each of the committee
members,
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13.
NO CHANGE
(c) the address
and telephone number of the nearest office of the Ministry.
NO CHANGE
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15.
(1) An employer of five or more workers on a project shall appoint
a supervisor for the workers.
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15.
(1) NO CHANGE
(2) The supervisor shall supervise the work at all times either personally
or by having an assistant, who is a competent person, do so personally. |
16.
(1) Subject to subsection(2),no person shall employ a person younger
that sixteen years of age at a project.
(2) A person who is fifteen years of age and who, under the Education
Act, is excused from attending school or is required to attend school
part time may be employed as a worker at a project
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16.
At a project, no person younger that 16 years of age shall,
(a) be employed
in or about the workplace; or
(b) be permitted to be present in or about the workplace while work
is being performed.
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17.
No constructor shall begin work at a project until arrangements have
been
made to provide a means of transporting workers to medical facilities.
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17.
(1) A constructor shall establish for a project written procedures
to be followed in the event of an emergency and shall ensure that
the procedures are followed at the project.
(2)The constructor shall review the emergency procedures with the
joint health and safety committee or the health and safety representative
for the project, if any.
(3)The constructor shall ensure that the emergency procedures are
posted in a conspicuous place at the project. |
18.
A telephone or a two-way radio shall be installed or be readily accessible
at a project described in subsection 6(1).
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18.
The constructor shall ensure that every worker at the project
has ready access to a telephone, two-way radio or other system of
two-way communication in the event of an emergency. |
26.
(1) Unless a safety net or travel restraint system is being used,
a worker shall wear a fall arrest system if the worker may fall,
(a) a distance
of more that three meters:
(b) into
operating machinery:
(c) into water or another liquid: or
(d) into or onto a hazardous substance or object.
(2) In subsection(1) travel restraint system
means a mechanism which restricts the
movement of a worker on a work surface.
(3) A fall arrest system,
(a) shall be
adequately secured to a fixed support or to a lifeline that
is securely fastened to the project;
(b) shall be so arranged that if the wearer falls, the wearer will
be suspended not more that 1.5 meters below his or her location
before the fall: and
(c) shall apply a peak fall arrest force not greater that eight
kilonewtons to the wearer
(4) A fixed support shall be capable of resisting the arrest forces
in case of a fall and be free of sharp edges that might cut or chafe
the connection between the fall arrest system and the fixed support.
(5) A lanyard used in a fall arrest system shall have a nominal diameter
of at least sixteen millimeters and be made of nylon rope or other
durable material of equivalent impact strength and elasticity.
(6) A lifeline in a fall arrest system,
(a) shall have
a nominal diameter of at least sixteen millimeters and be made of
polypropylene or other durable material that provides at least equal
protection to the user;
(b) shall extend to the ground or be provided with a positive stop
that
prevents the connection from the fall arrest system to the lifeline
from running off the end of the lifeline;
(c) shall be connected to an object that is capable of resisting
the arrestforces in case of a fall;
(d) shall be free of knots, splices and imperfections;
(e) shall be used in such a way that it is not likely to be cut
or chafed; and
(f) shall be used by only one person at a time.
NOTE: Adherence to Canadian Standards Association Standard
Z259.1-1976 Fall-Arresting Safety Belts and Lanyards for the Construction
and Mining Industries and Canadian Standards Association Standard
Z259.2-M1979, Fall-Arresting Devices, Personnel Lowering Devices and
Life Lines, complies with the intent of this section.
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26.
Section 26.1 to 26.10 apply where a worker is exposed to any of
the following hazards:
1. Falling
more than 3 meters
2. Falling more than 1.2 meters, if the work area is used as a path
for a wheelbarrow or similar equipment.
3. Falling
into operating machinery.
4. Falling into water or another liquid.
5. Falling into or onto a hazardous substance or object
6. Falling through an opening on a work surface.
26.1 (1) A worker shall be adequately protected by
a guardrail system that meets the requirements
of subsections 26.3 (2) to (8).
(2) Despite subsection (1), if it is not reasonably possible
to install a guardrail system as
that subsection requires, a worker
shall be adequately protected
by at least one of the
following methods of fall protection.
1. A travel
restraint system that meets the requirements of section 26.4.
2. A fall restricting system that meets the requirements of section
26.5.
3. A fall arrest system that meets the requirements of section 26.6.
4. A safety net that meets the requirements of section 26.8.
(3) The components of any system listed in subsection (2) shall be
designed by a
professional engineer in accordance with good engineering practice,
and shall meet the
requirements of any of the following National Standards of Canada
standards that are applicable:
1. CANICSA-Z259.1-M99:
Safety Belts and Lanyards
2. CAN/CSA-Z259.2.l-M98: Fall Arresting Devices and Vertical Lifelines
3. CAN/CSA-Z259.2.2-M98: Self-Retracting Devices for Personal Fall
Arrest Systems
4. CAN/CSA-Z259.2.3-M98: Descent Control Devices
5. CAN/CSA-Z259.10-M90: Full Body Harnesses
6. CAN/CSA-Z259. I l-M92: Shock Absorbers for Personal Fall Arrest
Systems
(4) Before any use of a fall arrest system or a safety net by a worker
at a project, the worker's employer shall develop written procedures
for rescuing the worker after his or her fall has been arrested.
26.2 (1) An
employer shall ensure that a worker who may use a fall protection
system is
adequately trained in its use and given adequate oral and written
instructions by a competent person.
(2) The employer shall ensure that the person who provides the training
and instruction referred to in subsection (1) prepares a written
training and instruction record for each worker and signs the record.
(3) The training and instruction record shall include the worker's
name and the dates on which training and instruction took place.
(4) The employer shall make the training and instruction record
for each worker available to an inspector on request.
26.3 (1) Despite
paragraph 1 of section 26, a guardrail system that meets the requirements
of this section shall be used if a worker has access to the perimeter
or an open side of any of the following work surfaces and is exposed
to a fall of 2.4 meters or more:
1. A floor,
including the floor of a mezzanine or balcony.
2. The surface of a bridge.
3. A roof while formwork is in place.
4. A scaffold platform or other work platform, runway or ramp.
(2) One of the following precautions shall be used to
prevent a worker from falling
through an opening on a work surface:
1. A guardrail
system that meets the requirements of this section.
2. A protective covering that,
i.
completely covers the opening,
ii. is securely fastened,
iii. Is adequately identified as covering an opening,
iv. Is made from material adequate to support all loads to which
the covering may be subjected, and
v. is capable of supporting a live load of at least 2.4 kilonewtons
per square meter without exceeding the allowable unit stresses
for the material used.
(3) The guardrail
system or protective covering required under subsection (1) or (2)
may be removed temporarily to perform work in or around the opening
if a worker is adequately protected and signs are posted in accordance
with subsections 44 (1) and (2).
(4) The following are the specifications for a guardrail system:
1. It shall
have a top rail, an intermediate rail and a toe board.
2. The intermediate rail may be replaced by material that can withstand
a point load
of 450 newtons applied in a lateral or vertical downward direction.
3. The top of the guardrail system shall be located at least 0.9
meters but not more than 1.1 meters above the surface on which the
system is installed.
4. The toe board shall extend from the surface to which the guardrail
system is attached to a height of at least 100 millimeters or, if
the toe board is made of wood, at least 89 millimeters
5. If the guardrail system is located at the perimeter of a work
surface, the distance between the edge of the surface and the guardrail
system shall not be greater than 300 millimeters
(5) A guardrail system shall be capable of resisting anywhere along
the length of the system the following loads when applied separately,
without exceeding the allowable unit stress for each material used:
1. A point
load of 675 newtons applied in a lateral direction to the top rail.
2. A point load of 450 newtons applied in a vertical downward direction
to the' top rail.
3. A point load of 450 newtons applied in a lateral or vertical
downward direction to the intermediate rail, or midway between the
top rail and the toe board.
4. A point load of 225 newtons applied in a lateral direction to
the toe board.
(6) If the distance between any two adjacent posts of the guardrail
system is greater than 2.4 meters, the system shall be capable of
resisting the loads specified in subsection (5) increased in proportion
to the greater distance between the posts.
(7) The following additional requirements apply to a guardrail system
that is made of wood:
1. The wood
shall be spruce, pine or fir (S-P-F) timber of construction grade
quality or better.
2. The wood shall be free of sharp objects such as splinters and
protruding nails.
3. The system shall have posts that are at least 38 millimeters
by 89 millimeters, are securely fastened to the surface and are
spaced at intervals of not more than 2.4 meters
4. The top rail and the intermediate rail shall each be at least
38 millimeters by 89 millimeters
(8) The following additional requirements apply to a guardrail system
that is made of wire rope:
1. The top
rail and intermediate rail shall be made of wire rope that is at
least 10 millimeters in diameter, and the rope shall be kept taut
by a turnbuckle.
2. The outward deflection of the top rail and intermediate rail
resulting from the loads specified in subsection (5) shall not extend
beyond the edge of a work surface.
3. The system shall have vertical separators at intervals of not
more than 2.4 meters and horizontal supports at intervals of not
more than 9 meters
4. The intermediate rail shall be located midway between the top
rail and the toe board.
26.4 (1) A travel restraint system shall consist of a full body harness
with adequate attachment points or a safety belt.
(2) The frill body harness or safety belt shall be attached by a lifeline
or lanyard to a fixed support that meets the requirements of section
26.7.
(3) The travel restraint system shall be inspected by a competent
worker before each use.
(4) If a component of the travel restraint system is found to be defective
on inspection, the defective component shall immediately be taken
out of service.
26.5 (1) A fall restricting system shall consist of an assembly of
components that is,
(a) attached
to an independent fixed support that meets the requirements of section
26.7; and
(b) designed and arranged in accordance with the manufacturer's
instructions so that a worker's free fall distance does not exceed
0.6 meters
(2) The fall restricting system shall be inspected by a competent
worker before each use.
(3) If a worker who is using the fall restricting system falls more
than 0.6 meters, the system shall be immediately removed from service
and shall not be used again by a worker unless all components of the
system have been certified by the manufacturer as being safe for re-use.
26.6 (1) A fall arrest system shall consist of a full body harness
with adequate attachment points and a lanyard equipped with a shock
absorber or similar device.
(2) The fall arrest system shall be attached by a
lifeline or by the lanyard to an
independent fixed support that meets the requirements of section
26.7.
(3) The fall arrest system shall be arranged so that a worker cannot
hit the ground or an object or level below the work.
(4) Despite subsection (1), the fall arrest system shall not include
a shock absorber if wearing or using one could cause a worker to
hit the ground or an object or level below the work.
(5) The fall arrest system shall not subject a worker who falls
to a peak fall arrest force greater than 8 kilonewtons.
(6) The fall arrest system shall be inspected by a competent worker
before each use.
(7) If a component of the fall arrest system is found to be defective
on inspection, the defective component shall immediately be taken
out of service.
(8) If a worker who is using the fall arrest system falls, the system
shall be immediately removed from service and shall not be used
again by a worker unless all components of the system have been
certified by the manufacturer as being safe for
re use
26.7 (1) A permanent anchor system shall be used as the fixed support
in a fall arrestsystem, fall restricting system or travel restraint
system if the following conditions are met:
1. The anchor
system has been installed according to the Building Code.
2. It is safe and practical to use the anchor system as the fixed
support.
(2) If the conditions set out in subsection (I) are not met, a temporary
fixed support shall be used that meets the following requirements:
1. Subject
to paragraph 2, a support used in a fall arrest system shall be
capable of
supporting a static force of at least 8 kilonewtons without exceeding
the allowable unit stress for each material used.
2. If a shock absorber is also used in the fall arrest system, the
support shall be capable of supporting a static force of at least
6 kilonewtons without exceeding the allowable unit stress
for each material used.
3. Subject to paragraph 4, a support used in a fall restricting
system must be capable of supporting a static force of at least
6 kilonewtons without exceeding the allowable unit stress for each
material used.
4. Paragraph 3 does not apply to a support that is used in accordance
with the manufacturer's written instructions and is adequate to
protect a worker.
5. A support used in a travel restraint system shall be capable
of supporting a static force of at least 2 kilonewtons without
exceeding the allowable unit stress for each material used.
(3) Despite the requirements listed in subsection
(2), the support capacity of a temporary fixed support used
in a fall protection system may be determined by dynamic testing in
accordance with good engineering practice to ensure that the temporary
fixed support has adequate capacity to arrest a worker's fall.
(3) A fixed support shall not have any sharp edges that could cut,
chafe or abrade the connection between it and another component of
the system.
26.8 (1) A safety net shall be designed, tested and installed
in accordance with ANSI Standard 10.11-1989, Personnel and Debris
Nets for Construction and Demolition Operations.
(2) The safety net shall be installed by a competent worker.
(3) A professional engineer or a competent person under the engineer's
supervision shall inspect and test the installation of the safety
net before it is put in service.
(4) The engineer
shall document the inspection and testing of the safety net and
shall sign and seal the document.
(5) A copy of the document shall be kept at the project while the
safety net is in service.
26.9 (1) This section applies to a lanyard or lifeline that is part
of a travel restraint system or a fall arrest system.
(2) The following requirements apply to a lanyard or a lifeline
1. It shall
not be used in such a way that it is likely to be cut, chafed or
abraded.
2. It shall not be subjected to extreme temperature, flame, abrasive
or corrosive materials or other hazards that may damage it..
3. The free end of the lanyard or lifeline shall be kept clear of
equipment and machinery.
(3) Only one person at a time may use a lanyard.
(4) The connecting ends of a lanyard shall be wrapped around a protective
thimble and securely fastened with a swaged fitting or eye splice
supplied by the manufacturer of the lanyard.
(4) A horizontal or vertical lifeline shall be kept free from splices
or knots, except knots used to connect it to a fixed support.
(6) Only one person at a time may use a vertical lifeline.
(7) A vertical lifeline shall,
(a) extend
to the ground; or
(b) have a positive stop that prevents the rope grab or other similar
device from running off the end of the lifeline.
(8) The following requirements apply to a horizontal lifeline system:
1. It shall
be designed by a professional engineer in accordance with good engineering
practice.
2. The design may be a standard or a custom design.
3. The design
shall,
i. show the
arrangement of the system including the anchorage or fixed support
system,
ii. indicate the components used,
iii. state the number of workers that can safely be attached to
it,
iv. set out instructions for installation or erection, and
v. show the design loads for the system. -
4. The system shall be installed or erected, and maintained, in
accordance with the professional engineer's design.
5. Before each use, the system shall be inspected by a professional
engineer or a competent worker designated by a supervisor.
6. The constructor shall keep the design at the project while the
system is in use.
26.10 (1) Subject to subsection (2), a worker.who is performing work
on a utility pole shall do so from an elevating work platform that
meets the requirements of sections 143 and 144.
(2) If it is not practical for the worker to use an elevating work
platform as described in subsection (1), the worker shall use a fall
restricting system instead.
26.11 Until January 1,2001 sections 26 to 26.10
do not apply to a worker while he or she is engaged in erecting or
dismantling scaffolding, built-in-place formwork or built-in-place
falsework. |
29.
(1) The constructor shall provide or arrange for the use of toilet
and clean up facilities before work has started on
a project.
(2) Workers at a project shall have reasonable access to the facilities
required by subsection (1).
(3) For each
group of fifteen or fewer workers, the toilet facilities shall
consist of at least one flush toilet.
(4) If it is not practicable to provide the toilet facilities set
out in subsection (3), the constructor shall arrange for comparable
toilet facilities.
(5) For each group of fifteen or fewer workers, the clean up facilities
shall consist of at least,
(a) hot running
water, wash basin, soap or hand cleaner and paper towels;
(b) if the facilities under clause (a) are not practicable, cold
running water, wash basin, soap or hand cleaner and paper towels;
or
(c) if the facilities under clause (a) or
(b) are not practicable, hand cleaner and paper towels.
(6) The toilet
facilities shall afford the user privacy and protection from the
weather and from falling objects.
(7) The toilet
facilities,
(a) shall be
equipped with a toilet that has a toilet seat and cover;
(b) shall be equipped with a urinal trough in addition to the toilet,
if the toilet facilities are portable or temporary;
(c) shall be provided with toilet paper and disinfectant;
(d) shall be illuminated by natural or artificial light;
(e) shall be serviced to maintain them in a clean and sanitary condition;
(f) shall be equipped with a locking door system;
(g) shall be ventilated; and
(h) where practicable, shall be heated.
|
29.
(1) In this section,
"facilities" means toilet, urinal and clean-up facilities;
"non-sewered flush toilet facilities" means water flush
toilets or chemical flush toilets that have the features listed
in subsection (2);
service", when used as a verb, means to have waste pumped
out and to have the facilities replenished where necessary; "sewered
toilet facilities" means water flush toilets that are connected
to a sanitary sewer system and equipped with a trap in accordance
with Part 7 of the Building Code.
(2) The features referred to in the definition of non-sewered
flush toilet facilities are:
1. The toilets
are not connected to a sanitary sewer system,
2. They are equipped with a trap or a positive seal separating stored
waste from the bowl,
3. The waste is flushed from the bowl with water containing chemical
additives, deposited into a container and chemically treated sufficiently
for the container's maximum capacity.
(3) The constructor shall ensure,
(a) that facilities
are provided or arranged for workers before work has started at
a project; and
(b) that workers at the project have reasonable access to these
facilities.
(4) Subject to subsections (5) and (6), the facilities shall be located
within 180 meters horizontally of the work area of the project.
(5) If work is being performed in a tunnel, the facilities shall be
located within 180 meters
horizontally from the entrance to the tunnel.
(6) The facilities may be located within 3 kilometers of the work
area if transportation to the facilities is provided for workers
where reasonably required.
(7) If the project is the construction of a building, then in addition
to the requirement of subsection (4), the facilities must also be
located within 9 meters vertically of the level at which work is being
performed.
(8) The location of the facilities under subsection (7) may be varied
if the arrangement affords reasonable accessibility for workers.
(9) If the location of the facilities is varied under subsection (8),
the constructor shall document in writing the location and the reasons
for the variance, and shall provide the document to,
(a) the joint
health and safety committee or the health and safety representative,
if any, for the workplace; or
(b) the workers, if there is no committee or representative for
the workers.
(10) The constructor
shall,
(a) inform
workers of the location of the facilities; and
(b) post the location of the facilities in a conspicuous place at
the project if it is
practical to do so.
(11) The facilities shall be serviced, cleaned and sanitized as frequently
as necessary to
maintain them in a clean and sanitary condition.
(12) The constructor shall keep at the project for the duration of
the project,
(a) a record
of the servicing, cleaning and
sanitizing of the facilities; and
(b) a copy of the document required under subsection (9), if any.
(13) Facilities that are not under the constructor's control satisfy
the requirements of this section only if the constructor has received
permission from the facilities' owner for workers to use the facilities.
29.1 (1) Each toilet facility shall meet the following requirements:
1. There shall
be a toilet with an open-front toilet seat. For a chemical flush
toilet, a toilet cover is also required.
2. There shall be a toilet paper holder and an adequate supply of
toilet paper. If the facility is intended for use by female workers,
there shall be a disposalreceptacle for sanitary napkins.
3. The facility shall afford the user privacy and protection from
weather and from falling objects. There shall be a self-closing
door that can be locked form inside the facility.
4. The facility shall be,
i. iIluminated
by natural or artificial light,
ii. adequately heated, and
iii. Adequately ventilated.
5. If the facility is intended for use by males only or by females
only, it shall have a sign indicating that fact.
6. The facility shall be kept in good repair at all times.
(2) Separate toilet facilities shall be provided for male and female
workers, unless the facilities are intended to be used by only one
worker at a time.
(3) Sewered toilet facilities or non-sewered flush toilet facilities
shall be provided at a project, subject to subsection (4).
(4) If a project is being carried on in a remote unpopulated area
and it is not reasonably possible to provide the facilities required
under subsection (3), re-circulating chemical flush toilets or other
types of toilets that comply with applicable municipal by-laws may
be provided instead.
(5) When toilets are provided as described in subsection (3), the
minimum number of toilets required at the project is as follows:
Table
1
|
Minimum
number of toilets
|
Number
of workers regularly
Employed at the project
|
1
|
1-15
|
2
|
16-30
|
3
|
31-45
|
4
|
46-60
|
4,
plus 1 additional toilet for each group of 15 or fewer workers
|
61
or more
|
(6) If the toilets are located in a multiple water flush toilet
facility and are intended to be used by male workers, water
flush urinals may be substituted for a maximum of two-thirds
of the number of toilets required by subsection (5).
(7) When toilets are provided as described in subsection (4), the minimum
number of toilets required at the project is as follows:
Table
2
|
Minimum
number of toilets
|
Number
of workers regularly
Employed at the project
|
1
|
1-10
|
2
|
11-20
|
3
|
21-30
|
4
|
31-40
|
4,
plus 1 additional toilet for each
group of 15 or fewer workers
|
41
or more
|
(8) If the toilets are located in a portable single-unit toilet
facility intended for use by male workers, there shall be at
least one urinal for each toilet.
(9) Portable urinals equipped with cleanup facilities are permitted
in addition to the requirements of this section.
29.2 (1) One cleanup facility shall be provided for every two toilet
facilities required under section 29.1 and, in any case, at least
one cleanup facility shall be provided at a project.
(2) Each cleanup facility shall meet the following requirements:
1. Subject
to subsection (3), the facility shall have a wash basin with running
water. Both hot and cold running water shall be available if reasonably
possible.
2. Soap or hand cleanser shall be provided.
3. Paper towels or a hand dryer shall be provided. If paper towels are
provided, there shall be a waste disposal receptacle nearby.
(3) If it is not
reasonably possible to have a wash basin with running water
at a cleanup facility, hand cleanser that can be used without water
shall be provided instead. |
52.
(1) Fire extinguishing equipment shall be provided at readily accessible
and Adequately marked locations at a project.
|
52.
NO CHANGE.
(1.1) Every worker who may be required to use fire extinguishing shall
be trained in its use. |
56.
No work shall be carried out in a building designed to be eighty-four
or more meters high unless it has temporary or permanent fire pumps
that provide a minimum water flow of 1,850 liters per minute at a
discharge pressure of at least 450 kilopascals at and above the eighty-four
meter level.
|
56.
No work shall be carried out at a height of 84 meters or more in a
building unless the building has temporary or permanent fire pumps
that provide a minimum water flow of 1,890 liters per minute at a
discharge pressure of at least 450 kilopascals at and above the 84-metre
height. |
57.
(1) No work shall be carried out in a building with two or more stories
unless it has a permanent standpipe installed to within two stories
of the uppermost work level as the construction of the building proceeds.
(2) Subsection (1) does not apply to work carried out in a building
which is not required by the Building Code to have a permanent standpipe.
(3) A permanent standpipe,
(a) shall have
sufficient hose outlets to permit every part of the building to
be protected by a hose not longer than twenty-three meters;
(b) shall have a connection for the use of the local fire department
located on the street side of the building not more than 900 millimeters
and not less than 300 millimeters above ground level and to which
there is clear access at all times; and
(c) shall be maintained so as to be readily operable if required
to be used.
(4) Every hose outlet in a permanent standpipe shall have a valve.
(5) Every hose used with a permanent standpipe,
(a) shall be
accused thirty-eight millimeter indiameter;
(b) shall have a combination straight stream and fog nozzle; and
(c) shall be stored on a rack in such a way as to protect it from
damage and keep it available for immediate use. O.Reg.213/91, s.57
|
57.
(1) As construction proceeds in a building with two or more stories,
a permanent or temporary standpipe shall be installed to within
two stories of the uppermost work level.
NO CHANGE
NO CHANGE
NO CHANGE
NO CHANGE
(6) If a temporary
standpipe has been installed, it shall not be disconnected until
the permanent standpipe is connected, so that there is always a
standpipe in service.
(7) A temporary standpipe shall be maintained so that it is readily
operable.
(8) A temporary standpipe shall have at least one hose outlet per
floor, with a valve and a hose attached to each hose outlet and
a nozzle attached to each hose.
(9) In addition to the requirements of subsection (8), there shall
be a connection to which there is clear access at all times, located
between 30 and 90 centimeters above ground level on a side of the
building that faces the street.
(10) A hose outlet on a temporary standpipe,
(a) shall have
a valve; and
(b) shall be capable of accepting a hose that is 38 millimeters
in diameter.
(11) If a temporary standpipe is installed in a building under construction,
the constructor shall post at the project, or have available
for review, a floor plan of the building indicating,
(a) the location
of the hose outlets on each floor;
(b) the location of the point on the perimeter of each floor that
is furthest from the hose outlet on that floor; and
(c) the location of each exit on each floor.
(12) The constructor shall give a copy of the floor plan to the fire
department located nearest to the project. |
59.
(1) When rock is being drilled, dissemination of dust shall be prevented
by the use of dust collecting equipment or water.
(2) If it is not practicable to provide dust collecting equipment
or water sufficient to prevent the dissemination of dust
during rock drilling, adequate respiratory protective equipment
shall be provided to and used by all workers in the immediate vicinity
of the drilling. O.Reg. 213/91, s. 59
|
59.
If the dissemination of dust is a hazard to a worker, the dust shall
be Adequately controlled or each worker who may be exposed to the
hazard shall be provided with adequate personal protective equipment.
REVOKED |
66.
Machinery, equipment and material that is being used, left or stored
where it may be a hazard to traffic on a public way shall be marked
by flashing amber devices
|
66.
Machinery, equipment and material that is being used, left or stored
where it may be a hazard to traffic on a public way shall be marked
by flashing devices. |
67.
(1) A worker
who may be endangered by vehicular traffic shall be protected as
far as is practicable by,
(a) workers
using signs to direct traffic;
(b) warning signs;
(c) barriers;
(d) lane control devices; and
(e) flashing lights or flares.
(2) A worker who may be endangered by vehicular
traffic while working on a public way
shall wear a vest that is reflective
fluorescent and colored blaze orange
or red. |
67.
(1) In this section,
barricade means a device that provides a visual indicator
of the path a motorist is supposed to take;
barrier means a device that provides a physical limitation
through which a vehicle would not normally pass, and includes a
concrete barrier;
mobile operation means work, including a paving operation,
that is done on a highway or the shoulder of a highway and moves
along at speeds of less than 30 kilometers per hour.
(2) If a worker at a project on a highway may be endangered by vehicular
traffic unrelated to the project, the project shall make use of
as many of the following measures as is necessary to Adequately
protect the worker:
1. Barriers.
2. Barricades.
3. Delineators.
4. Lane control devices.
5. Warning signs.
6. Flashing lights.
7. Flares.
8. Traffic control devices.
9. Blocker trucks.
10. Crash trucks.
11. Sign trucks.
12. Speed control devices.
13. Longitudinal buffer areas.
(3) In addition to the measures listed in subsection (2) but subject
to section 68, a worker may be used
to direct traffic.
(4) Every employer shall develop in writing and implement a traffic
protection plan for the employers
workers at the project, if any of
them may be exposed to a hazard from vehicular traffic.
(5) The traffic
protection plan,
(a) shall specify
the vehicular traffic hazards and the measures described in subsection
(2) to be used to protect workers; and
(b) shall be kept at the project and made available to an inspector
or a worker on request.
(6) A worker who is required to set up or remove measures described
in subsection (2) on a roadway or a shoulder of a roadway,
(a) shall be
a competent worker;
(b) shall not perform any other work while setting up removing the
measures; and
(c) shall be given adequate written and oral instructions, in a
language that he or she understands, with respect to setting up
or removing the measures.
(7) Subject to subsection (8), adequate barriers shall be installed
to protect workers at a project from vehicular traffic if the project,
(a) is on a
freeway;
(b) is not a mobile operation; and
(c) is expected to require more than five days to complete.
(8) Until January 1, 2003, if a project to which subsection (7) would
otherwise apply is expected to require five days or less to complete,
or it is not practical to install barriers as that subsection requires,
the following measures shall be taken to protect workers at the project:
1. An adequate
longitudinal buffer area shall be provided if physically possible.
2. If information about the annual average daily travel rate of
vehicular traffic on the freeway is available and the rate is less
than 25,000, blocker trucks shall be Adequately positioned between
vehicular traffic and workers.
3. If the annual average daily rate of vehicular traffic on the
freeway is 25,000 or more or if information about the rate is unavailable,
crash trucks shall be Adequately positioned between vehicular traffic
and workers.
(9) If subsection
(8) applies and information about the annual average daily travel
rate of vehicular traffic on the freeway is available, a record
of the rate shall be maintained at the project and be made available
to an inspector upon request.
(10) On and after January 1, 2003, if it is not practical to install
barriers as subsection (7) requires, or if the project is expected
to require five days or less to complete, crash trucks shall be
Adequately positioned to protect workers.
(11) If work on a shoulder of a freeway is expected to take less
than 30 minutes to complete, a vehicle with four-way flashers and
a 360-degree beacon light shall be provided.
(12) The following measures shall be taken to protect a worker at
a project if the project is on a freeway and involves a mobile operation:
1. Until January
1, 2003, an adequate number of blocker trucks shall be Adequately
positioned between vehicular traffic and the worker.
2. On or after January 1, 2003, an adequate number of crash trucks
shall be Adequately positioned between vehicular traffic and the
worker.
3. If the operation involves intermittent stops averaging 30 minutes
or less, an adequate number of barricades or delineators shall be
Adequately positioned between vehicular traffic and the worker.
4. If the operation involves intermittent stops averaging more than
30 minutes,
i. an adequate
longitudinal buffer area shall be provided if physically possible,
ii. the lane on which work is being done shall be Adequately identified
with lane closure signs and a lane closure taper, and
iii. an adequate number of barricades or delineators shall be
Adequately positioned between vehicular traffic and the work area.
|
68.
A sign used to direct traffic,
(a) shall be
diamond-shaped, 450 millimeters wide and 450 millimeters long, with
the diamond mounted at one corner on a pole 1.2 meters long;
(b) shall
be made of material that has at least the rigidity of six millimeters
thick plywood;
(c) shall be reflective fluorescent and colored,
(i) red-orange
on one side with the corner areas colored black, so that the red-orange
area forms a regular eight-sided figure, with the word "STOP"
written in legible white letters 150 millimeters high in
a central position on the sign, and
(ii) chartreuse on one side, with the word "SLOW" written
in legible black letters 150 millimeters high in a central position
on the sign; and
(d) shall be maintained in a clean condition.
NOTE: See "Traffic Control Manual for Roadway Work
Operations", available through the Ministry of Transportation,
Downsview, Ontario.
|
68.
The following requirements apply with respect to a sign used by
a worker to direct vehicular traffic:
1. It shall
be octagonal in shape, measure 450 millimeters between opposite
sides, and be mounted on a pole that is 1.2 meters long.
2. It shall
be made of material with at least the rigidity of plywood that
is six-millimetre-thick.
3. On one side it shall be high-intensity retro-reflective grade
red in color, with the word STOP written in legible
high-intensity retro-reflective grade white letters 150 millimeters
high in a central position on the sign.
4. On the other side it shall be high retro-reflective micro-prismatic fluorescent
chartreuse in color, with a black diamond-shaped border that is
at least 317 millimeters by 317 millimeters, and with the word
SLOW written in legible black letters 120 millimeters
high in a central position on the sign.
5. It shall be maintained in a clean and legible condition.
|
69.
(1) A worker who is required to direct traffic,
(a) shall be
a competent worker;
(b) shall not perform other work while directing traffic;
(c) shall be given written instructions in a language the worker
can read and understand setting out the signals the worker is to
use; and
(d) shall have the instructions explained to him or her orally.
(2) A worker who is directing traffic shall wear a vest that is reflective
fluorescent and colored blaze orange or red. |
69.
(1) This section applies with respect to directing vehicular traffic
that may be a hazard to workers on a public way.
(2) A worker shall not direct vehicular traffic for more than one
lane in the same direction.
(3) A worker shall not direct vehicular traffic if the normal posted
speed limit of the public way is more than 90 kilometers per hour.
(4) A worker who is required to direct vehicular traffic,
(a) shall be
a competent worker;
(b) shall not perform any other work while directing vehicular traffic;
(c) shall be positioned in such a way that he or she is endangered
as little as possible by vehicular traffic; and
(e) shall be given adequate written and oral instructions, in a
language that he or she understands, with respect to directing vehicular
traffic, and those instructions shall include a description of the
signals that are to be used.
(5) The written instructions referred to in clause (4)(d) shall
be kept at the project.
69.1 (1) A worker who may be endangered by vehicular traffic shall
wear a garment that covers at least his or her upper body and has
the following features:
1. The garment
shall be fluorescent blaze or international orange in color
2. On the front and the back, there shall be two yellow stripes
that are 5 centimeters wide. The yellow area shall total at least
500 square centimeters on the front and at least 570 square centimeters
on the back.
3. On the front, the stripes shall be arranged vertically and centered
and shall be approximately 225 millimeters apart, measured from
the center of each stripe. On the back they shall be arranged in
a diagonal "X" pattern.
4. The stripes shall be retro-reflective and fluorescent.
(2) If the garment is a vest, it shall have adjustable fit.
(3) On and after January 1, 2001, a nylon vest to which this section
applies shall also have a side
and front tear-away feature.
(4) In addition, a worker who may be endangered by vehicular traffic
during night-time hours shall wear retro-reflective silver stripes
encircling each arm and leg, or equivalent side visibility-enhancing
stripes with a minimum area of 50 square centimeters per side.
|
85.
(1) A guardrail shall consist of a top rail, intermediate rail and
toe-board
and shall be capable of resisting any load that may be applied to
it.
(2) The top of a guardrail shall be located not less than 0.9 meters
and not more than 1.1 meters above the surface on which the guardrail
is installed.
(3) A wooden guardrail shall be free of splinters and protruding nails
and shall have,
(a) a top-rail
that measures not less than thirty-eight millimeters by eighty-nine
millimeters securely supported on posts that measure not less than
thirty-eight millimeters by eighty-nine millimeters and that are
spaced at intervals of not more than 2.4 meters;
(b) an intermediate
rail of not less than nineteen millimeters by eighty-nine millimeters
that is securely fastened to the inner side of the posts referred
to in clause (a) midway between the top rail and the toe-board;
and
(a) a toe-board that is securely fastened to the posts referred
to in
clause (a) or to other vertical supports and that extends from
the
surface to which the guardrail is attached to a height of not
less
than 100 millimeters
(4) A wire cable guardrail shall be maintained taut by means of a
turn-buckle and shall have,
(a) a top rail
and an intermediate rail made of wire cable that is not less than
ten millimeters in diameter;
(b) vertical separators not less than fifty millimeters wide that
are spaced at intervals not exceeding 2.4 meters; and
(c) a toe-board that is securely fastened to the inner side of the
vertical separators referred to in clause (b) and that extends from
the surface to which the guardrail is attached to a height of not
less than 100 millimeters
(5) A wood-slat guardrail shall be maintained taut and be Adequately
supported in a vertical position, and shall have vertical slats,
(a) that are
1.2 meters long, at least thirty-eight millimeters wide and
9.5 millimeters thick;
(b) that are woven among five double strands of 16 GA steel wire
250
millimeters apart in such a way that the slats are tight;
(c) that are spaced at not more than ninety millimeters from the
center
of one slat to the center of the next slat; and
(d) that are painted a distinctive color
The double strands
of 16 GA steel wire shall be wrapped around each other at least three
times in each space between slats. |
85.
REVOKED |
86.
(1) A guardrail shall be provided around an opening in a floor, roof
or surface to which a worker has access.
(2) No guardrail is required around an opening in a floor, roof or
surface to which a worker has access if the opening is covered with
securely fastened planks that, without exceeding the allowable unit
stresses for the materials used,
(a) are capable
of supporting or are braced to support all loads to
which they may be subjected; and
(b) are capable of supporting a live load of at least 2.4 kilonewtons
per
square meter
(3) Subject to subsection (4), a guardrail shall be provided at the
perimeter, open sides and ends of,
(a) a floor
including the floor of a mezzanine or balcony;
(b) the surface of a bridge;
(c) a concrete roof while the formwork remains in place; and
(d) a scaffold platform, work platform, runway or ramp.
(4) A guardrail is required if the place described in subsection (3)
is one to which a worker has access and,
(a) from which
the worker may fall into water or other liquid or into or
onto any hazardous substance or object; or
(b) from which the worker may fall a vertical distance of 2.4 meters
or
more.
(5) A guardrail
shall be provided at the open sides and ends of a scaffold platform,
work platform, runway or ramp that is used as a path for a wheelbarrow
or similar equipment and from which a worker may fall a distance
of 1.2 meters or more.
(6) A guardrail
or covering may be removed temporarily for the purpose of
doing work,
(a) if the
work cannot be done with the guardrail or covering in place;
(b) if the workers doing the work are protected as prescribed by
sections 26 and 27; and
(c) if hazard signs required by section 44 are posted where workers,
other than the workers doing the work, have access to the area.
|
86.
REVOKED |
93.
(1) All vehicles, machinery, tools and equipment shall be maintained
in a condition that does not endanger a worker.
(2) No vehicle, machine, tool or equipment shall be used,
(a) while it
is defective or hazardous;
(b) when the weather or other conditions are such that its use is
likely to endanger a worker; or
(c) while it is being repaired or serviced.
(3) A copy of
the manufacturer's operating manual for a vehicle, machine, tool or
for equipment used at a project shall be kept readily available at
the project.
|
93.
NO CHANGE
(2) No vehicle, machine, tool or equipment shall be used,
(a) while it
is defective or hazardous;
(b) when the weather or other conditions are such that its use is
likely to endanger a
worker; or
(c) while it is being repaired or serviced, unless the repair or
servicing requires that it
be operated.
(3) All vehicles, machines, tools and equipment shall be used in accordance
with any
operating manuals issued by the manufacturers.
(4) For vehicles, machines, tools and equipment rated at greater than
10 horsepower, copies of any operating manuals issued by the manufacturers
shall be kept readily available at the project. |
94.
(1) Every mechanically-powered vehicle, machine, tool and equipment
shall be inspected by a competent worker,
(a) for defects
or hazardous conditions; and
(b) to determine whether it can handle its rated capacity.
|
94.
94. (1) All mechanically-powered vehicles, machines, tools and equipment
rated at greater than 10 horsepower shall be inspected by a competent
worker to determine whether they can handle their rated capacity and
to identify any defects or hazardous conditions.
(2) The inspections shall be performed before the vehicles, machines,
tools or equipment are first used at the project and thereafter at
least once a year or more frequently as recommended by the manufacturer.
|
96.
(1) No worker shall operate a vehicle at a project unless
the worker,
(a) is qualified
to operate the vehicle; or
(b) has a license to operate a vehicle on a highway.
2) A worker who is not qualified or licensed may operate a vehicle
on a project if the worker is being instructed in the operation of
the vehicle and is accompanied by a person who is qualified to operate
the vehicle.
|
96.
(1) No worker shall operate a vehicle at a project unless he or she
is competent to do so.
(2) However, a worker being trained in the operation of a vehicle
may operate it while being instructed and supervised by a competent
person. |
104.
No vehicle, machine or equipment, or crane or similar hoisting device,
or
shovel, backhoe or similar excavating machine shall be operated unless
the operator is assisted by a signaler,
(a) where the
operator's view of the intended path of travel of any part
of it or its load is obstructed; or
(b) where it is in a location in which a person may be endangered
by
any part of it or its load.
|
104.
(1) Every project shall be planned and organized so that vehicles
and equipment are not operated in reverse or are operated in reverse
as little as possible.
(2) Vehicles, machines and equipment at a project shall not be operated
in reverse unless there is no practical alternative to doing so.
(3) Operators of vehicles, machines and equipment shall be assisted
by signaler's if either of the following applies:
1. The operators
view of the intended path of travel is obstructed.
2. A person could be endangered by the vehicle, machine or equipment
or by its load.
(4) Subsection (3) also applies to shovels, backhoes and similar excavating
machines and to cranes and similar hoisting devices.
(5) The operator and the signaler shall,
(a) jointly
establish the procedures by which the signaler assists the operator;
and
(b) follow those procedures.
(6) If subsection
(3) applies to the project and it is not possible to carry out the
project without some operation of vehicles and equipment in reverse,
signs shall be posted at the project in conspicuous places warning
workers of the danger.
|
105.
An operator of a vehicle, machine or equipment, or crane or similar
hoisting device, or shovel, backhoe or similar excavating machine
who is required to be assisted by a signaler shall operate it as directed
by the signaler
|
105.
A dump truck shall be equipped with an automatic audible alarm that
signals when the truck is being operated in reverse. |
106.
(1) A signaler shall be a competent worker and shall not perform other
work while acting as a signaler
(2) A signaler,
(a) shall be
clear of the intended path of travel of the vehicle, machine or
equipment, crane or similar hoisting device, shovel, backhoe or
similar excavating machine or its load;
(b) shall be in full view of the operator of the vehicle, machine
or equipment, crane or similar hoisting device, shovel, backhoe
or similar excavating machine;
(c) shall have a clear view of the intended path of travel of the
vehicle, machine or equipment, crane or similar hoisting device,
shovel, backhoe or similar excavating machine or its load; and
(d) shall watch the part of the vehicle, machine or equipment or
crane or similar hoisting device, shovel, backhoe or similar excavating
machine or its load whose path of travel the operator cannot see.
(3) The signaler shall communicate with the operator by means of a
telecommunication system or, where visual signals are clearly visible
to the operator, by means of prearranged visual signals.
|
106.
NO CHANGE.
NO CHANGE
NO CHANGE
(1.1) The signaler shall wear a garment that covers at least his
or her upper body and has the following features:
1. The garment
shall be florescent blaze or international orange in color
2. On the front and the back, there shall be two yellow stripes
that are 5 centimeters wide. The yellow area shall total at least
500 square centimeters on the front and at least 570 square centimeters
on the back.
3. On the front, the stripes shall be arranged vertically and centered
and shall be approximately 225 millimeters apart, measured from
the center of each stripe. On the back they shall be arranged in
a diagonal X pattern.
4. The stripes shall be retro-reflective and fluorescent.
(1.2) If the garment is a vest, it shall have adjustable fit.
(1.3) On and after January 1, 2001, a nylon vest to which this section
applies shall also have a side and front tear-away feature.
(1.4) In addition, a signaler who may be endangered during nighttime
hours shall wear retro-reflective silver stripes encircling each arm
and leg, or equivalent side visibility-enhancing stripes with a minimum
area of 50 square centimeters per side.
(1.5) The employer shall,
(a) ensure
that the signaler has received adequate oral training in his or
her duties and has received adequate oral and written instructions
in a language that he or she understands; and
(b) keep the written instructions at the project.
|
112.
(1) Every chain-saw shall have a chain that minimizes kickback and
a device to stop the chain in the event of a kickback.
(2) A worker shall hold a chain-saw firmly when starting it and firmly
in both hands when using it.
(3) The chain of a chain-saw shall be stopped when not cutting.
|
112.
NO CHANGE.
NO CHANGE
NO CHANGE
(1.1) No worker shall use a chain-saw unless he or she has been
Adequately trained in its use.
(1.2) No worker shall use a chain-saw unless he or she is wearing,
(a) adequate
personal protective equipment and clothing, including gloves; and
(b) adequate eye protection and hearing protection.
|
117.
No worker shall use an explosive actuated fastening tool unless the
worker,
(a) has been
instructed in its safe and proper use by its manufacturer or
the manufacturer's agent; and
(b) is wearing protective headwear and using eye protection.
|
117.
(1) No worker shall use an explosive actuated fastening tool unless
he or she has been
Adequately trained in its use.
(2) When using an explosive actuated fastening tool, the worker shall
carry proof of his or
her training in its use.
(3) No worker shall use an explosive actuated fastening tool unless
he or she is wearing,
(a) adequate persona! protective equipment; and
(b) adequate eye protection. |
119.
(1) No worker shall use an explosive actuated fastening
tool unless it has a suitable protective guard,
(a) that is
at least seventy-five millimeters in diameter;
(b) that is mounted at right angles to the barrel of the tool; and
(c) that is centered on the muzzle end of the tool, if practicable.
(2) No explosive actuated fastening tool shall be capable of being
operated unless,
(a) its muzzle
end is held against a surface using a force at least twenty-two
newtons greater than the force equivalent of the weight of the tool
measured in newtons; and
(b) when the protective guard is centered on the muzzle end of the
tool, the bearing surface of the guard is not tilted more than eight
degrees from the work surface.
(3) Subsection (1) and clause (2)(b) do not apply with respect to
an explosive actuated fastening tool if the velocity of a fastener
fired from it does not exceed ninety meters per second measured at
a distance of two meters from its muzzle end when propelled by the
maximum commercially-available explosive load it is chambered to accept.
(4) If an explosive actuated fastening tool is designed to require
dismantling into separate parts for loading, it shall not be able
to be operated unless the separate parts are locked together.
(5) An explosive actuated fastening tool shall have a firing mechanism
that prevents the tool from being fired if it is dropped or while
it is being loaded and prepared for firing.
(6) No explosive actuated fastening tool shall be able to be fired
unless the operator performs the two separate actions described in
subsection (7).
(7) The firing movement for an explosive actuated fastening tool shall
be a separate action from the operation of bringing the tool into
the firing position.
|
119.
NO CHANGE
(2) An explosive
actuated fastening tool shall be inoperable unless,
NO CHANGE
NO CHANGE
(4) An explosive actuated fastening tool that is designed to require
dismantling into separate parts for loading shall be inoperable
unless the separate parts are locked together.
NO CHANGE
(6) The firing
movement for an explosive actuated fastening tool shall be a separate
action from the operation of bringing the tool into firing position.
(7) An explosive actuated fastening tool shall not be capable of
being fired until the operator performs the two separate actions
described in subsection (6).
|
|
Subsection
236(8) of the Regulation is amended by striking out the Director
of the Construction Health and Safety Branch and substituting
a Director.
Subsection 245(1) of the Regulation is amended by striking unit the
Director of the Construction Health and Safety Branch and substituting
a Director.
Clause 245 ( 2) (f) of the Regulation is amended by striking out nearest
public highway and substituting nearest highway. |
|
Subsection 265(3) of the Regulation is
amended by striking out the Director of the Construction Health
and Safety Branch and substituting a Director.
Subsection 265 (4) of the Regulation is revoked and the following
substituted: (4) A Director who makes an appointment described in
subsection (3) shall, in doing so, consider any recommendations of
the representatives of labour and of management.
Subsection 280 (4) of the Regulation is amended by striking out the
Director of the Construction Health and Safety Branch and substituting
a Director. |
|
Section 316 of the Regulation is amended
by striking out the Director of the Construction Health and
Safety Branch and substituting a Director. |
|
Subsection 334(2) of the Regulation is amended
by striking out the Director of the Construction Health and
Safety Branch and substituting a Director. |
|
Subsection 334 (3) of the Regulation is amended by striking
out the Director of the Construction Health and Safety Branch
and substituting a Director |
|
Clause 335 (1) (b) of the Regulation is amended by striking
out the Director of the Construction Health and Safety Branch
and substituting a Director. |
|
Subsection 338 (2) of the Regulation is amended by striking
out the Director of the Construction Health and Safety Branch
and substituting a Director. |
|
Subsection 365 (4) of the Regulation is amended by striking
out the Director of the Construction Health and Safety Branch
and substituting a Director. |
|
Subsection 397(1) of the Regulation is amended by striking
out the Director of the Construction Health and Safety Branch
and substituting a Director.
Subsection 397 (2) of the Regulation is amended by striking out the
Director of the Construction Health and Safety Branch and substituting
a Director. |
|
Except as otherwise provided in this section, this Regulation
comes into force on June 12, 2000.
Section 26.2 comes into force on June 12, 2002. (training for fall
protection).
Section 68 comes into force on January 1, 2001 (new traffic signs). |
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