Personal Fall Protection Systems

1. (1) In this Regulation,

"adequate", in relation to a procedure plan, 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;

"allowable unit stress", in relation to a material, means,

(a) the allowable unit stress assigned to a material by the standards required under Ontario Regulation 413/90 (the "Building Code"), or

(b) if no allowable unit stress is assigned under clause (a), the allowable unit stress for the material as determined by an engineer in accordance with good engineering practice;

"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;

"boom" means the projecting part of a backhoe, shovel, crane or similar lifting device from which a load is likely to be supported;

"Building Code" Repealed. [O. Reg. 345/15, s. 1]

"caisson" means,

(a) a casing below ground or water level whether or not it is designed to contain air at a pressure greater than atmospheric pressure,

(b) an excavation, including a water well but not a well within the meaning of the Oil, Gas and Salt Resources Act , drilled by an auger and into which a person may enter;

"cofferdam" means a structure constructed entirely or partially below water level or below the level of the groundwater table and intended to provide a work place that is free of water;

"competent worker", in relation to specific work, means a worker who,

(a) is qualified because of knowledge, training and experience to perform the work,

(b) is familiar with the Occupational Health and Safety Act and with the provisions of the regulations that apply to the work, and

(c) has knowledge of all potential or actual danger to health or safety in the work;

"conduit" means a sewer, a water main, a duct or cable for a telegraphic, telephonic, television or electrical service, a pipe or duct for the transportation of any solid, liquid or gas or any combination of these items and includes a service connection made or intended to be made thereto;

"confined space" Repealed. [O. Reg. 628/05, s. 1]

"Construction Health and Safety Branch" Repealed. [O. Reg. 145/00, s. 1]

"crash truck" means a blocker truck that is equipped with a crash-attenuating device;

"critical weld" means, in relation to a suspended work platform, a weld the failure of which could result in the complete or partial collapse of the suspended work platform;

"excavation" means the hole that is left in the ground, as a result of removing material;

"excavation depth" means the vertical dimension from the highest point of the excavation wall to a point level with the lowest point of the excavation;

"excavation width" means the least horizontal dimension between the two opposite walls of the excavation;

"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;

"falsework", in relation to a form or structure, means the structural supports and bracing used to support all or part of the form or structure;

"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 worker's health and safety, and includes equipment or devices that are securely fastened to the structure or component;

"flammable liquid" means a liquid with a flash point below 37.8 degrees Celsius and a vapour pressure not exceeding 275 kilopascals absolute at 37.8 degrees Celsius;

"form" means the mould into which concrete or another material is to be placed;

"formwork" means a system of forms connected together;

"freeway" means a controlled-access highway that has a continuous dividing median and a normal posted speed limit of 90 kilometres per hour or more;

"full body harness" means a device that can arrest an accidental vertical or near vertical fall of a worker and which can guide and distribute the impact forces of the fall by means of leg and shoulder strap supports and an upper dorsal suspension assembly which, after the arrest, will not by itself permit the release or further lowering of the worker;

"generic installation drawing" means a drawing and related documentation, if any, that,

(a) identifies components, configurations and load limitations of a suspended work platform system or powered boatswain’s chair,

(b) is intended to be used at any location where all of the requirements in the drawing and documentation are satisfied, and

(c) bears the seal and signature of an engineer confirming that a suspended work platform system or boatswain’s chair installed in accordance with the drawing would be in compliance with the requirements of this Regulation;

"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;

"magazine" means a place in which explosives are stored or kept, whether above or below ground;

"multi-point suspended scaffold" Repealed. [O. Reg. 242/16, s. 2];

"multi-point suspended work platform" means a suspended work platform more than 750 millimetres in width or a system of suspended work platforms in which any one platform is more than 750 millimetres in width that is supported from an overhead fixed support system by at least three primary load-carrying means of suspension to maintain the stability of the work platform or system of work platforms;

"non-destructive test" means one of the following methods of testing or examining a material, component or part to evaluate its condition without subjecting it to physical distortion, damage or destruction:

1. Eddy current testing.

2. Magnetic particle testing.

3. Liquid penetrant testing.

4. Radiographic testing.

5. Ultrasonic testing;

"professional engineer" Repealed. [O. Reg. 375/22, s. 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;

"rated platform capacity" means the combined weight of occupants, tools, equipment and other material that the manufacturer has indicated can be safely carried by a suspended work platform, work platform module or boatswain’s chair;

"roadway" means the travelled portion of a highway;

"rotary foundation drill rig" means a drill rig used for boring holes in soil for the placement of foundations or earth retention structures but does not include a drill rig that,

(a) is used for geotechnical sampling,

(b) is used for drilling water, oil or gas wells,

(c) is a rock drill or a diamond drill,

(d) is a digger derrick,

(e) is used for digging holes for posts, concrete forming tubes, poles or light standards,

(f) is a pile driver without an auger,

(g) is a horizontal boring machine, or

(h) is a tunnel boring machine;

"safety belt" means a belt worn around the waist of a worker and all the fittings for the belt appropriate for the use being made of it;

"safety factor" means the ratio of the failure load to the specified load or rated load;

"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;

"self-erecting tower crane" means a tower crane that is capable of being erected without the use of ancillary equipment;

"service shaft" means a shaft by which people or materials are passed into or out of a tunnel under construction;

"shaft" means an excavation with a longitudinal axis at an angle greater than 45 degrees from the horizontal that is used to pass people or materials into or out of a tunnel or that used as an access to a boring or augering operation;

"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;

"site-specific installation drawing" means a drawing and related documentation, if any, that identifies components, configurations and load limitations of a suspended work platform system or powered boatswain’s chair for use at a specific site;

"strut" means a transverse member of shoring that directly resists pressure from a wale;

"suitable", in relation to a procedure, material, device, object or thing, means sufficient to protect a worker from damage to the worker's body or health;

"suspended work platform system" means an access system comprising one or more overhead fixed supports, one or more suspension lines, hoisting devices, if any, and one or more work platforms that can be moved vertically, but it does not include a boatswain’s chair or a multi-point suspended work platform;

"tower crane" means a travelling, 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;

"traverse", when used in relation to a multi-point suspended work platform, means to move the platform horizontally, in a controlled manner, along the building or structure to which it is attached;

"trench" means an excavation where the excavation depth exceeds the excavation width;

"tunnel" means a subterranean passage into which a person may enter that is made by excavating beneath the overburden;

"underground", in relation to work, means inside a shaft, tunnel or caisson;

"vehicle" means a vehicle propelled by mechanical power and includes a trailer, a traction engine and a road-building machine;

"wale" means a longitudinal member of the shoring that is placed against the sheathing to directly resist the pressure from the sheathing; and

"work belt" means a belt that has a back support pad and a connecting hook at the front and that is capable of supporting a worker.

(1.1) Every non-destructive test required by this Regulation shall be carried out and interpreted by a person,

(a) who has been certified by Natural Resources Canada to the appropriate level in accordance with the version of the CAN/CGSB Standard 48.9712-2014 , Non-destructive Testing - Qualification and Certification of Personnel, as it may be amended from time to time, that was in effect at the time of certification; and

(b) whose certification described in clause (a) is valid at the time the test is carried out and interpreted.

(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

[O. Reg. 631/94, s. 1; 145/00, s. 1; 85/04, s. 1; 628/05, s. 1; 345/15, s. 1; 242/16, s. 1, 2; 142/17, s. 1; 375/22, ss. 1, 5; 241/23, s. 1]

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]

26.4 (1) A travel restraint system shall consist of a full body harness with adequate attachment points or a safety belt.

(2) The full 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.

[O. Reg. 145/00, s. 14]

26.5 (1) A fall restricting system that is not designed for use in wood pole climbing 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 and so that a worker's free fall distance does not exceed 0.6 metres.

(2) A fall restricting system that is designed for use in wood pole climbing,

(a) shall consist of an assembly of components that is designed and arranged in accordance with the manufacturer's instructions; and

(b) shall not allow pole slippage in excess of the distances set out in the applicable National Standards of Canada standard referred to in subsection 26.1 (3).

(3) A fall restricting system shall be inspected by a competent worker before each use.

(4) If a component of the fall restricting system is found to be defective on inspection, the component shall be taken out of service immediately.

(5) If a worker who is using the fall restricting system falls or slips more than the distance determined under clause (1)(b) or (2)(b), as the case may be, the system shall be taken out of service immediately 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 reuse.

[O. Reg. 145/00, s. 14; 85/04, s. 6]

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.

(9) Subsections (1) to (8) do not apply to fall restricting systems designed for use in wood pole climbing.

[O. Reg. 145/00, s. 14; 85/04, s. 7]

26.8 (1) A safety net shall be designed, tested and installed in accordance with ANSI/ASSE Standard A10.11-2010, Safety Requirements for Personnel and Debris Nets.

(2) The safety net shall be installed by a competent worker.

(3) An 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.

(5) A copy of the document shall be kept at the project while the safety net is in service.

[O. Reg. 145/00, s. 14; 85/04, s. 9; 345/15, s. 7; 375/22, s. 5]