Legislation
Construction Projects
O. Reg. 213/91Part II GENERAL CONSTRUCTION
Section 79
79. A ladder shall be designed, constructed and maintained so as not to endanger a worker and shall be capable of withstanding all loads to which it may be subjected.
[O. Reg. 345/15, s. 13]
Section 80
80. (1) A portable ladder at a project shall be manufactured and shall meet the design, performance, test and marking requirements of a Grade 1, Grade 1A or Grade 1AA ladder in the CSA Standard Z11-12 , Portable Ladders.
(2) Despite subsection (1), a portable single ladder that is custom-built for use at a project may be used at the project if the ladder has,
(a) rungs spaced at 300 millimetres on centres;
(b) side rails at least 300 millimetres apart; and
(c) a maximum length, measured along its side rail, of not more than nine metres.
(3) If a portable single ladder under subsection (2) is made of wood, the ladder shall also,
(a) be made of wood that is straight-grained and free of loose knots, sharp edges, splinters and shakes; and
(b) not be painted or coated with an opaque material that obscures the wood grain or interferes with inspections of the ladder.
(4) If the rungs of a ladder under subsection (3) are of the cleat type, the ladder shall also,
(a) have side rails that are not less than 400 millimetres but not more than 610 millimetres apart;
(b) have side rails that measure not less than,
(i) 38 millimetres by 89 millimetres if the ladder is 5.8 metres long or less, or
(ii) 38 millimetres by 140 millimetres if the ladder is more than 5.8 metres long;
(c) have rungs that measure not less than,
(i) 19 millimetres by 64 millimetres if the side rails are 400 millimetres apart, or
(ii) 19 millimetres by 89 millimetres if the side rails are more than 400 millimetres apart; and
(d) have rungs braced by filler blocks that are at least 19 millimetres thick and located between the rungs.
(5) If a ladder under subsection (3) is a double-width wooden ladder, the ladder shall also,
(a) have three evenly-spaced rails that measure at least 38 millimetres by 140 millimetres;
(b) have rungs that,
(i) measure at least 38 millimetres by 89 millimetres,
(ii) extend the full width of the ladder, and
(iii) are braced by filler blocks that are at least 19 millimetres thick; and
(c) be at least 1.5 metres wide but not more than 2 metres wide.
[O. Reg. 345/15, s. 13]
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]
Section 187
187. Tools, ladders, scaffolding and other equipment or materials capable of conducting electricity shall not be stored or used so close to energized electrical equipment, installations or conductors that they can make electrical contact.
[O. Reg. 627/05, s. 7]
OCCUPATIONAL HEALTH AND SAFETY ACT
R.S.O. 1990, c. O.1Part III DUTIES OF EMPLOYERS AND OTHER PERSONS
Section 25 Duties of employers
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]