Fall Arrest Planning

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 practicable to install a guardrail system as that subsection requires, a worker shall be adequately protected by the highest ranked method that is practicable from the following ranking of fall protection methods:

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, other than a fall restricting system designed for use in wood pole climbing, 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 an 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. CAN/CSA-Z259.1-05 : Body Belts and Saddles for Work Positioning and Travel Restraint.

2. CAN/CSA-Z259.2.5-12 : Fall Arresters and Vertical Lifelines

3. CAN/CSA-Z259.2.2-98 (R2004) : Self-Retracting Devices for Personal Fall-Arrest Systems.

4. CAN/CSA-Z259.2.3-99 (R2004) : Descent Control Devices.

5. CAN/CSA-Z259.10-06 : Full Body Harnesses.

6. CAN/CSA-Z259.11-05 : Energy Absorbers and Lanyards.

7. CAN/CSA-Z259.12-01 (R2006) : Connecting Components for Personal Fall Arrest Systems (PFAS).

8. CAN/CSA-Z259.14-01 (R2007) : Fall Restrict Equipment for Wood Pole Climbing.

(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.

[O. Reg. 145/00, s. 12; 85/04, s. 5; 443/09, s. 1; 345/15, s. 5; 375/22, s. 5]

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.

(1.1) In addition to the requirements of subsection (1), an employer shall ensure that a worker who may use a fall protection system meets the working at heights training requirements of Ontario Regulation 297/13 (Occupational Health and Safety Awareness and Training).

(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.

[O. Reg. 145/00, s. 13; 252/14, s. 1]

25. (1) An employer shall ensure that,

(a) the equipment, materials and protective devices as prescribed are provided;

(b) the equipment, materials and protective devices provided by the employer are maintained in good condition;

(c) the measures and procedures prescribed are carried out in the workplace;

(d) the equipment, materials and protective devices provided by the employer are used as prescribed; and

(e) a building, structure, or any part thereof, or any other part of a workplace, whether temporary or permanent, is capable of supporting any loads that may be applied to it,

(i) as determined by the applicable design requirements established under the version of the Building Code that was in force at the time of its construction,

(ii) in accordance with such other requirements as may be prescribed, or

(iii) in accordance with good engineering practice, if subclauses (i) and (ii) do not apply.

(2) Without limiting the strict duty imposed by subsection (1), an employer shall,

(a) provide information, instruction and supervision to a worker to protect the health or safety of the worker;

(b) in a medical emergency for the purpose of diagnosis or treatment, provide, upon request, information in the possession of the employer, including confidential business information, to a legally qualified medical practitioner and to such other persons as may be prescribed;

(c) when appointing a supervisor, appoint a competent person;

(d) acquaint a worker or a person in authority over a worker with any hazard in the work and in the handling, storage, use, disposal and transport of any article, device, equipment or a biological, chemical or physical agent;

(e) afford assistance and co-operation to a committee and a health and safety representative in the carrying out by the committee and the health and safety representative of any of their functions;

(f) only employ in or about a workplace a person over such age as may be prescribed;

(g) not knowingly permit a person who is under such age as may be prescribed to be in or about a workplace;

(h) take every precaution reasonable in the circumstances for the protection of a worker;

(i) post, in the workplace, a copy of this Act and any explanatory material prepared by the Ministry, both in English and the majority language of the workplace, outlining the rights, responsibilities and duties of workers;

(j) prepare and review at least annually a written occupational health and safety policy and develop and maintain a program to implement that policy;

(k) post at a conspicuous location in the workplace a copy of the occupational health and safety policy;

(l) provide to the committee or to a health and safety representative the results of a report respecting occupational health and safety that is in the employer's possession and, if that report is in writing, a copy of the portions of the report that concern occupational health and safety;

(m) advise workers of the results of a report referred to in clause (l) and, if the report is in writing, make available to them on request copies of the portions of the report that concern occupational health and safety; and

(n) notify a Director if a committee or a health and safety representative, if any, has identified potential structural inadequacies of a building, structure, or any part thereof, or any other part of a workplace, whether temporary or permanent, as a source of danger or hazard to workers.

(3) For the purposes of clause (2)(c), an employer may appoint himself or herself as a supervisor where the employer is a competent person.

(3.1) Any explanatory material referred to under clause(2) (i) may be published as part of the poster required under section 2 of the Employment Standards Act, 2000.

(4) Unless otherwise prescribed, clause (2) (j) does not apply with respect to a workplace at which five or fewer workers are regularly employed.

(5) Clause (2) (n) does not apply to an employer that owns the workplace.

[S.O. 2009, c. 23, s. 2; 2011, c. 1, Sch. 7, s. 2; 2011, c. 11, s. 9; 2017, c. 34, Sch. 30, s. 1; 2021, c. 34, Sch. 15, s. 4]