Legislation
Construction Projects
O. Reg. 213/91Part II GENERAL CONSTRUCTION
Section 96
96. (1) No worker shall operate a vehicle or powered machine, tool or equipment at a project unless he or she is competent to do so.
(2) However, a worker being trained in the operation of a vehicle or powered machine, tool or equipment may operate it while being instructed and supervised by a competent person.
[O. Reg. 145/00, s. 26; 345/15, s. 15]
Section 144
144. (1) An elevating work platform shall be designed by an engineer in accordance with good engineering practice,
(a) to meet the requirements of the applicable National Standards of Canada standard, set out in the Table to subsection (6); and
(b) to support a minimum of 1.3 kilonewtons rated working load as determined in accordance with the applicable National Standards of Canada standard set out in the Table to subsection (6).
(2) An elevating work platform shall be manufactured in accordance with the design referred to in subsection (1).
(3) An elevating work platform,
(a) shall be tested in accordance with the National Standards of Canada standard set out in the Table to subsection (6); and
(b) shall be inspected each day before use, in accordance with the manufacturer's instructions by a worker trained in accordance with section 147.
(4) An elevating work platform shall only be used if an engineer has certified in writing that it complies with the National Standards of Canada standard set out in the Table to subsection (6).
(5) The certification required by subsection (4) shall include the details of testing.
(6) The National Standards of Canada standard applicable to the type of elevating work platform listed in Column 1 of the Table to this subsection are the standards set out opposite it in Column 2.
TABLE
Item | Column 1 | Column 2 |
Type of elevating work platform | National Standards of Canada standard | |
1 | Elevating Rolling Work Platform | CAN3- B354.1-M82 |
2 | Self-Propelled Elevating Work Platform | CAN3- B354.2-M82 and CAN3- B354.3-M82 |
3 | Boom-Type Elevating Work Platform | CAN3- B354.4-M82 |
4 | Vehicle-Mounted Aerial Device | CAN/CSA- C225-10 |
(7) An elevating work platform shall be equipped with guardrails.
(8) An elevating work platform shall have signs that are clearly visible to an operator at its controls indicating,
(a) the rated working load;
(b) all limiting operating conditions including the use of outriggers, stabilizers and extendable axles;
(c) the specific firm level surface conditions required for use in the elevated position;
(d) such warnings as may be specified by the manufacturer;
(e) other than for a boom-type elevating work platform, the direction of machine movement for each operating control;
(f) the name and number of the National Standards of Canada standard to which it was designed; and
(g) the name and address of the owner.
[O. Reg. 345/15, s. 17; 375/22, s. 5]
Section 145
145. (1) The owner of an elevating work platform shall maintain it such that the safety factors of the original design are maintained.
(2) The owner of an elevating work platform shall keep a permanent record of all inspections, tests, repairs, modifications and maintenance performed on it.
(3) The permanent record required by subsection (2),
(a) shall be kept up-to-date;
(b) shall include complete records from the more recent of,
(i) the date of purchase, or
(ii) May 10, 1991; and
(c) shall include the signature and name of the person who performed the inspection, test, repair, modification or maintenance.
[O. Reg. 142/17, s. 20]
Section 146
146. A maintenance and inspection record tag,
(a) shall be provided and attached to the elevating work platform near the operator's station; and
(b) shall include,
(i) the date of the last maintenance and inspection;
(ii) the signature and name of the person who performed the maintenance and inspection; and
(iii) an indication that the maintenance has been carried out in accordance with the manufacturer's recommendations.
Section 147
147. (1) A worker who operates an elevating work platform shall, before using it for the first time, be given oral and written instruction on the operation and be trained to operate that class of elevating work platform.
(2) The instruction and training required by subsection (1) shall include,
(a) the manufacturer's instruction;
(b) instruction in the load limitations;
(c) instruction in and a hands-on demonstration of the proper use of all controls; and
(d) instruction in the limitations on the kinds of surfaces on which it is designed to be used.
Section 148
148. (1) An elevating work platform,
(a) shall not be loaded in excess of its rated working load;
(b) shall be used and moved only in accordance with the manufacturer’s written instructions;
(c) shall not be loaded or used in such a manner as to affect its stability or endanger a worker;
(d) shall not be moved unless all workers on it are protected from ejection by being attached to an adequate anchorage point on the elevating work platform by a method of fall protection; and
(e) shall not be used, in the case of a self-propelled or vehicle-mounted boom-type elevating work platform or a vehicle-mounted aerial device, unless all workers on it are attached to an adequate anchorage point on the elevating work platform by a method of fall protection.
(2) Clause (1) (d) does not apply to,
(a) a mast climbing work platform or a mast climbing transport platform if the platform has guardrails protecting all open sides of the platform where a worker is exposed to a hazard of falling 2.4 metres or more; and
(b) a vehicle-mounted aerial device if the non-conductive requirements of the basket prevent the placement of an anchorage attachment inside the basket.
(3) Repealed. [O. Reg. 242/16, s. 14]
[O. Reg. 345/15, s. 18; 242/16, s. 14; 142/17, s. 21]
Section 149
149. An operator's manual for an elevating work platform shall be kept with it while it is on a project.