Legislation
Construction Projects
O. Reg. 213/91Part II GENERAL CONSTRUCTION
Section 35 Housekeeping
35. (1) Waste material and debris shall be removed to a disposal area and reusable material shall be removed to a storage area as often as is necessary to prevent a hazardous condition arising and, in any event, at least once daily.
(2) Rubbish, debris and other materials shall not be permitted to fall freely from one level to another but shall be lowered by a chute, in a container or by a crane or hoist.
(3) Despite subsection (2), rubbish, debris and other materials from demolition on a project may be permitted to fall or may be dropped into an enclosed designated area to which people do not have access.
(4) A chute,
(a) shall be adequately constructed and rigidly fastened in place;
(b) if it has a slope exceeding a gradient of one in one, shall be enclosed on its four sides;
(c) shall have a gate at the bottom end if one is necessary to control the flow of material; and
(d) shall discharge into a container or an enclosed area surrounded by barriers.
(5) The entrance to a chute,
(a) shall be constructed to prevent spilling over when rubbish, debris and other materials are being deposited into the chute;
(b) if it is at or below floor level, shall have a curb that is at least 100 millimetres high;
(c) shall not be more than 1.2 metres high;
(d) shall be kept closed when the chute is not in use; and
(e) shall be designed so that any person will be discouraged from entering it.
Section 36
36. If a formwork tie, reinforcing steel, a nail or another object protruding from concrete or another surface may endanger a worker, the protrusion shall be removed, cut off at the surface or otherwise protected as soon as practicable.
Section 37
37. (1) Material or equipment at a project shall be stored and moved in a manner that does not endanger a worker.
(2) No material or equipment to be moved by a crane or similar hoisting device shall be stored under or in close proximity to an energized outdoor overhead electrical conductor.
Section 38
38. Blocking, support chains, metal bands, wire rope and rigging components shall be removed from material or equipment in a manner that does not endanger a worker.
Section 39
39. Material and equipment at a project shall be piled or stacked in a manner that prevents it from tipping, collapsing or rolling.
Section 40
40. (1) No material shall be stored, stacked or piled closer than 1.8 metres to,
(a) an opening in a floor or roof; or
(b) the open edge of a floor, roof or balcony.
(c) Repealed. [O. Reg. 241/23, s. 2]
(2) Subsection (1) does not apply with respect to material in a building or a completely enclosed part of a building that is used solely for storing and distributing materials.
(3) Subsection (1) does not apply with respect to small masonry units including bricks, blocks and similar objects,
(a) that can be handled by one worker;
(b) that are to be used at the edge of a floor, a roof or an opening in a floor or roof; and
(c) that are stacked in a pile whose height is less than the distance from the face of the pile to the edge of the floor, roof or opening in a floor or roof.
[O. Reg. 142/17, s. 8; 241/23, s. 2]
Section 41
41. A combustible, corrosive or toxic substance shall be stored in a suitable container.
Section 42
42. (1) A storage cylinder for compressed gas shall be secured in an upright position.
(2) The control valve of a storage cylinder for compressed gas, other than a cylinder connected to a regulator, supply line or hose, shall be covered by a protective cap that is secured in its proper position.
(3) A spent storage cylinder shall not be stored inside a building.
(4) No storage cylinder for propane shall be placed closer than three metres to a source of ignition or fire.
(5) Subsection (4) does not apply to a storage cylinder,
(a) that forms part of hand-held propane equipment;
(b) that forms part of a lead pot used in plumbing or electrical work;
(c) that forms part of a propane-powered or propane-heated vehicle; or
(d) that is protected from a source of ignition by a barrier, wall or other means of separation.
Section 43
43. (1) A flammable liquid or gas shall be stored in a building or storage tank that is suitable for the purpose and, if practicable, not less than 100 metres from a magazine for explosives.
(2) No more than one work day's normal supply of a flammable liquid shall be stored in a building or structure on a project unless it is stored,
(a) in a container that is suitable for the particular hazards of the liquid; and
(b) in a controlled access area or a room,
(i) that has sufficient window area to provide explosion relief to the outside, and
(ii) that is remote from the means of egress from the building or structure.
(3) A portable container used to store or transport flammable liquids,
(a) shall be approved for use for that liquid by a recognized testing laboratory; and
(b) shall have a label stating the use for which the container is approved and the name of the testing laboratory which gave the approval required by clause (a).
Section 44
44. (1) Signs meeting the requirements of subsection (2) shall be posted in prominent locations and in sufficient numbers to warn workers of a hazard on a project.
(2) A sign shall contain the word "DANGER" written in legible letters that are at least 150 millimetres in height and shall state that entry by any unauthorized person to the area where the hazard exists is forbidden.
(3) Without limiting the generality of subsection (1), a sign shall be posted,
(a) adjacent to a hoisting area;
(b) under a boatswain's chair, or a suspended work platform;
(c) at the outlet from a chute;
(d) at a means of access to a place where there may be a noxious gas, vapour, dust or fume, noxious substance or a lack of oxygen; and
(e) where there is a potential hazard from an energized overhead electrical conductor at more than 750 volts.
(4) No person shall enter an area in which a sign is posted other than a worker authorized to work in the area.
[O. Reg. 242/16, s. 6; 142/17, s. 9]
Section 45
45. (1) The areas in which a worker is present and the means of access to and egress from those areas shall be adequately lit.
(2) A light bulb used in a temporary lighting system shall be enclosed by a mechanical protection device.
Section 46
46. (1) A project shall be adequately ventilated by natural or mechanical means,
(a) if a worker may be injured by inhaling a noxious gas, vapour, dust or fume or from a lack of oxygen; or
(b) if a gas, vapour, dust or fume may be capable of forming an explosive mixture with air.
(2) If it is not practicable to provide natural or mechanical ventilation in the circumstances described in clause (1)(a), respiratory protective equipment suitable for the hazard shall be provided to and used by the workers.
Section 47
47. (1) This section does not apply to an internal combustion engine operated in a tunnel.
(2) No internal combustion engine shall be operated in an excavation or in a building or other enclosed structure unless there is an adequate supply of air for combustion and,
(a) the exhaust gases and fumes from the engine are adequately discharged directly outside the excavation, building or other enclosed structure to a point sufficiently remote to prevent the return of the gases and fumes; or
(b) there is adequate natural or mechanical ventilation to ensure that exhaust gases and fumes from the engine will not accumulate in the excavation, building or other enclosed structure.
(3) An excavation or a building or other enclosed structure in which an internal combustion engine is being operated shall be tested for airborne concentrations of carbon monoxide to ensure that the concentrations do not exceed the applicable limits as determined in accordance with section 4 of Regulation 833 of the Revised Regulations of Ontario, 1990 (Control of Exposure to Biological or Chemical Agents), made under the Act.
(4) The testing under subsection (3) shall be carried out by a competent worker in accordance with a written testing strategy, which shall be developed by the employer in consultation with the joint health and safety committee or a health and safety representative, if any.
(5) An internal combustion engine under this section shall be maintained and used in accordance with section 93.
47. No internal combustion engine shall be operated,
(a) in an excavation unless provision is made to ensure that exhaust gases and fumes will not accumulate in the excavation; or
(b) in a building or other enclosed structure,
(i) unless the exhaust gases and fumes from the engine are discharged directly outside the building or structure to a point sufficiently remote to prevent the return of the gases and fumes, or
(ii) unless there is an adequate supply of air for combustion and adequate natural or mechanical ventilation to ensure exhaust gases and fumes will not accumulate.
[O. Reg. 345/15, s. 9]
Section 48
48. (1) When a drum, tank, pipeline or other container is to be repaired or altered,
(a) its internal pressures shall be adjusted to atmospheric pressure before any fastening is removed;
(b) it shall be drained, cleaned and ventilated or otherwise rendered free from any explosive, flammable or harmful substance; and
(c) it shall not be refilled during repair or alteration if the substance which is to be placed in it may vaporize or ignite.
(2) Clauses (1)(a) and (b) do not apply with respect to a pipeline if hot-tapping and boxing-in are carried out by a competent worker under controlled conditions that provide for the protection of all persons.
Section 93
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, 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.
[O. Reg. 145/00, s. 25]