Legislation
Construction Projects
O. Reg. 213/91Part II GENERAL CONSTRUCTION
Section 104
104. (1) Every project shall be planned and organized so that vehicles, machines and equipment are not operated in reverse or are operated in reverse as little as possible.
(2) Vehicles, machines and equipment at a project shall not be operated in reverse unless there is no practical alternative to doing so.
(3) Operators of vehicles, machines and equipment shall be assisted by signallers if either of the following applies:
1. The operator's view of the intended path of travel is obstructed.
2. A person could be endangered by the vehicle, machine or equipment or by its load.
(4) Subsection (3) also applies to shovels, backhoes and similar excavating machines and to cranes and similar hoisting devices.
(5) The operator and the signaller shall,
(a) jointly establish the procedures by which the signaller assists the operator; and
(b) follow those procedures.
(6) If subsection (3) applies to the project and it is not possible to carry out the project without some operation of vehicles and equipment in reverse, signs shall be posted at the project in conspicuous places warning workers of the danger.
[O. Reg. 145/00, s. 27]
Section 106
106. (1) A signaller shall be a competent worker and shall not perform other work while acting as a signaller.
(1.1) The signaller shall wear a garment that covers at least his or her upper body and has the following features:
1. The garment shall be fluorescent blaze or international orange in colour.
2. On the front and the back, there shall be two yellow stripes that are 5 centimetres wide. The yellow area shall total at least 500 square centimetres on the front and at least 570 square centimetres on the back.
3. On the front, the stripes shall be arranged vertically and centred and shall be approximately 225 millimetres apart, measured from the centre of each stripe. On the back, they shall be arranged in a diagonal "X" pattern.
4. The stripes shall be retro-reflective and fluorescent.
(1.2) If the garment is a vest, it shall have adjustable fit.
(1.3) A nylon vest to which this section applies shall also have a side and front tear-away feature.
(1.4) In addition, a signaller who may be endangered during nighttime hours shall wear retro-reflective silver stripes encircling each arm and leg, or equivalent side visibility-enhancing stripes with a minimum area of 50 square centimetres per side.
(1.5) The employer shall,
(a) ensure that the signaller has received adequate oral training in his or her duties and has received adequate oral and written instructions in a language that he or she understands; and
(b) keep the written instructions at the project.
(2) A signaller,
(a) shall be clear of the intended path of travel of the vehicle, machine or equipment, crane or similar hoisting device, shovel, backhoe or similar excavating machine or its load;
(b) Repealed. [O. Reg. 241/23, s. 4]
(c) shall have a clear view of the intended path of travel of the vehicle, machine or equipment, crane or similar hoisting device, shovel, backhoe or similar excavating machine or its load; and
(d) shall watch the part of the vehicle, machine or equipment or crane or similar hoisting device, shovel, backhoe or similar excavating machine or its load whose path of travel the operator cannot see.
(2.1) A signaller shall, where practicable, be in full view of the operator of the vehicle, machine or equipment, crane or similar hoisting device, shovel, backhoe or similar excavating machine and, where not practicable, the employer shall provide another means of ensuring clear and direct communication from any signallers to the operator.
(3) The signaller shall communicate with the operator by means of a telecommunication system or, where visual signals are clearly visible to the operator, by means of prearranged visual signals.
[O. Reg. 145/00, s. 28; 345/15, s. 16; 241/23, s. 4]
Section 150
150. (1) Subject to subsection (2), no worker shall operate a crane or similar hoisting device unless the worker holds a certificate of qualification or a provisional certificate of qualification issued under the Building Opportunities in the Skilled Trades Act, 2021 , that is not suspended, or the worker is an apprentice and is working pursuant to a training agreement registered under that Act, that is not suspended, in the trade of,
(a) hoisting engineer - mobile crane operator 1, if the worker is operating a mobile crane or similar hoisting device capable of raising, lowering or moving any material that weighs more than 30,000 pounds;
(b) hoisting engineer - mobile crane operator 1 or hoisting engineer - mobile crane operator 2, if the worker is operating a mobile crane or similar hoisting device capable of raising, lowering or moving only material that weighs more than 16,000 pounds but no more than 30,000 pounds; or
(c) hoisting engineer - tower crane operator, if the worker is operating a tower crane.
(1.1) Repealed. [O. Reg. 241/23, s. 6]
(2) No worker shall operate a crane or other hoisting device, other than one described in subsection (1), unless,
(a) the worker is trained in the safe operation of the crane or other hoisting device; or
(b) the worker is being instructed in the operation of the crane or other hoisting device and is accompanied by a person who meets the requirements of clause (a).
(3) A worker shall carry the worker’s written proof of training while operating a crane or other hoisting device.
[O. Reg. 631/94, s. 3; 88/13, s. 1; 885/21, s. 1; 241/23, s. 6]
Section 153
153. (1) No worker shall use as a workplace a platform, bucket, basket, load, hook, sling or similar device that is capable of moving and is suspended from or supported by a direct attachment to the boom of a crane or similar hoisting device, or supported by a cable attached to a crane or similar hoisting device, except in accordance with this section.
(2) A crane may be used to raise, support or lower a worker only if,
(a) conventional access equipment cannot be used;
(b) the platform that the worker is on,
(i) is designed by an engineer in accordance with good engineering practice,
(ii) is constructed in accordance with the design drawings,
(iii) is equipped with a secondary means of suspension or support that is secured above the hook and does not impede the hoist line.
(iv) is equipped with anchor points for the attachment of the worker's fall arrest systems,
(v) is equipped with a guardrail in accordance with section 26.3,
(vi) is suspended from, or supported by, a direct attachment to the boom of the crane,
(vii) is designed, constructed or maintained so that the failure of one means of support or suspension will not cause the collapse of all or part of the platform, and
(viii) has its maximum rated load capacity legibly and permanently marked in a conspicuous place on it; and
(c) the crane,
(i) is equipped with fail-safe mechanisms that will prevent the boom and the suspended platform from free falling in the event of a power source or system failure or the inadvertent release of any operating controls,
(ii) is not used to hoist material while the platform is being used to support a worker,
(iii) is not loaded in excess of 25 per cent of its maximum rated load,
(iv) has a revised load rating chart prepared by an engineer in accordance with good engineering practice that is affixed to the crane or otherwise available to the operator at the controls of the crane while in use.
(v) has, on its hoist line, hooks equipped with self-closing safety catches at the point where the platform is suspended, and
(vi) is equipped with an automatic limit switch that prevents the platform and load from reaching beyond the highest permissible position specified by the crane manufacturer.
(3) Any modifications or repairs to the boom of the crane shall be made in accordance with the instructions of the crane manufacturer or an engineer.
(4) Every worker on the platform shall wear a full body harness connected independently to anchor points on the platform and used in conjunction with a lanyard fitted with a shock absorber.
(5) The design drawings of the platform shall,
(a) set out the size and specifications of all components of the platform, including the type and grade of materials used for it;
(b) state the maximum live load of the platform;
(c) specify the model and type of crane to be used in conjunction with the platform; and
(d) include a statement that, in the opinion of the engineer who designed the platform, the design meets the requirements of clauses (a), (b) and (c).
(e) Repealed. [O. Reg. 85/04, s. 16]
(6) Before the platform is used, a competent worker shall inspect it and verify in writing that it has been constructed in accordance with the design drawings.
(7) No person shall use the platform until the verification required under subsection (6) is given.
(8) Before the crane is first used to lift persons, and at least once every 12 months after the first test, an engineer shall ensure that the crane be subjected to non-destructive testing to ensure the structural integrity of the crane.
(9) A competent worker shall inspect the crane's structural elements and the rigging equipment for defects before each use of the crane.
(10) The employer shall ensure that an adequate means of communication between the worker on the platform and the crane operator is established, maintained and used.
(11) Before beginning any hoisting operation under this section for the first time at a project, the constructor shall notify an inspector at the Ministry office located nearest to the project.
(12) The employer shall ensure that every worker involved with the hoisting operation receives adequate instructions about the requirements, restrictions and hazards associated with the hoisting operation.
(13) The employer shall develop adequate emergency rescue procedures and communicate these in writing to all workers involved with the hoisting operation.
(14) The constructor shall keep all design drawings, test reports, written statements and certification documents required under this section with the crane at all times during the hoisting operation.
(15) On request, the constructor shall provide an inspector with copies of any document described in subsection (14).
[O. Reg. 631/94, s. 4; 527/00, s. 5; 85/04, s. 16; 242/16, s. 15; 375/22, s. 5; 241/23, s. 9]
Section 157
157. (1) A tower crane, other than a tower crane mounted on a travelling base using a travelling undercarriage or a self-erecting tower crane that does not require foundations, shall be erected at a project in accordance with this section.
(2) The foundation shoring and bracing that support a tower crane or tie it in place shall be,
(a) designed by an engineer in accordance with the crane manufacturer’s specifications, if any; and
(b) constructed, installed and dismantled in accordance with the design drawings, subject to any deviations approved in writing by an engineer.
(3) The engineer who prepares the foundation design drawings shall consider the tower crane ground bearing pressure in preparing the drawings.
(4) Where a building or structure is supporting the tower crane, the engineer responsible for the structural integrity of the building or structure shall review the design drawings for the foundation, shoring and bracing for the tower crane before the crane is erected on a project to ensure the structural integrity of the building or structure.
(5) An engineer shall sign the design drawings for the foundation, shoring and bracing for a tower crane upon approving them.
(6) The constructor shall keep at the project a copy of the signed design drawings for the foundation, shoring and bracing for a tower crane and any written opinion about the drawings by an engineer.
(7) An engineer shall,
(a) inspect the foundation supporting a tower crane before the concrete is poured and prepare a written report; and
(b) confirm that the foundation or support surface complies with the foundation design drawings, subject to any deviations from the design drawings approved in writing by an engineer.
(8) The written report required under clause (7) (a) shall be kept at the project while the tower crane is on the project.
(9) A tower crane may not be erected until the concrete foundation reaches the strength specified in the design drawings for the foundation.
(10) The shoring and bracing that support a tower crane or tie it in place must be inspected by an engineer after the shoring and bracing or the tie-ins have been installed and before the crane is put into service for the first time at a project.
(11) An engineer shall prepare a written report of the inspection required under subsection (10), which shall include confirmation of whether the shoring, bracing and tie-ins have been installed in accordance with the design drawings, subject to any deviations approved in writing by an engineer and, where a building or structure is supporting the tower crane, whether the building or structure has reached sufficient strength to resist the crane reactions.
(12) The written report prepared shall indicate any circumstances that would require additional inspections of the shoring, bracing and tie-ins by an engineer after the initial inspection required under subsection (10).
(13) After the initial inspection required under subsection (10), the shoring and bracing components and tie-ins installed for the climbing operation shall be inspected by a competent worker,
(a) unless otherwise specified by the engineer in the written report required under subsection (11), before and after each climbing operation of the crane, to ensure the shoring and bracing components and tie-ins have been installed in accordance with the foundation design drawings; and
(b) weekly after each climbing operation to ensure all the installed shoring and bracing components and tie-ins are in place.
(14) Each major component used for shoring the tower crane shall be marked by a conspicuous label stating that the component shall not be removed or repositioned unless authorized by an engineer.
[O. Reg. 375/22, s. 5; 241/23, s. 12]
Section 159
159. (1) An engineer shall ensure that the climbing system for a tower crane is inspected in accordance with the performance standards for inspecting a tower crane as prescribed by Ontario Regulation 260/08 (Performance Standards) made under the Professional Engineers Act,
(a) prior to the initial climbing operation of the tower crane at the project; and
(b) thereafter at intervals not greater than 12 months while the tower crane is erected at a project.
(2) The engineer conducting the inspection or under whose direction an inspection is done shall prepare a written report of the inspection in accordance with the performance standards for inspecting a tower crane as prescribed by Ontario Regulation 260/08, including confirmation that all components are in adequate condition.
[O. Reg. 85/04, s. 18; 375/22, s. 5; 241/23, s. 14]
Section 168
168. (1) A cable used by a crane or other hoisting device shall be wire rope or synthetic rope of the type, size, grade and construction recommended by the manufacturer of the crane or other hoisting device.
(2) All wire rope used on a crane or other hoisting device shall,
(a) be compatible with the sheaves and the drum of the crane or other hoisting device;
(b) be lubricated to prevent corrosion and wear;
(c) not be spliced;
(d) have its end connections securely fastened; and
(e) be kept with at least three full turns on the drum.
(3) The following information shall be included in the operator’s crane log in respect of any wire ropes installed on a tower crane:
1. The diameter of the rope.
2. The length of the rope.
3. The tensile strength of single wires and finish.
4. The wire rope construction, type of lay and direction of lay.
5. The number of outer strands of the rope.
6. The type of core of the rope.
7. The nominal or minimum rated breaking strength of the rope.
8. The recommended maximum working load limit of the rope.
9. The type of end fitting or connection and proof-test results if applicable of the rope.
10. Whether the use of a swivel is permitted.
11. The name of the manufacturer or supplier of the rope.
12. The name of the person or organization issuing the wire rope written record and the date it was issued.
(4) No cable used by a crane or other hoisting device,
(a) subject to subsection (6), shall contain six randomly-distributed wires that are broken in one rope lay or three or more wires that are broken in one strand in a rope lay;
(b) shall be smaller than its nominal rope diameter by more than,
(i) one millimetre for a diameter up to and including nineteen millimetres,
(ii) two millimetres for a diameter greater than nineteen millimetres up to and including twenty-nine millimetres, and
(iii) three millimetres for a diameter greater than twenty-nine millimetres;
(c) shall be worn by more than one-third of the original diameter of its outside individual wires;
(d) shall show evidence of waviness, strand extrusion, wire extrusion, kinks, tightened loops, crushing, bird-caging, bends or other damage resulting in distortion of the rope structure;
(e) shall have had any contact with electricity;
(f) shall show evidence of heat damage; or
(g) shall show evidence of corrosion in excess of the rope manufacturer’s instructions.
(5) If any damage to a cable is identified, the cable shall be evaluated by a competent person to determine whether it meets the requirements of subsection (4), and be taken out of service if the evaluation determines that the cable does not meet the requirements.
(6) No cable that is static or is used for pendants,
(a) shall contain three or more broken wires in one lay or in a section between end connectors; or
(b) shall have more than one broken wire at an end connector.
(7) Rotation-resistant wire rope shall not be used for a cable for boom hoist reeving unless specified by the crane manufacturer or as pendants.
(8) Rotation-resistant wire rope shall not be used where an inner wire or strand for a cable is damaged or broken.
[O. Reg. 241/23, s. 22]
Section 168.1
168.1. Swivels shall not be used on a boom hoist cable on a tower crane unless,
(a) they are explicitly permitted by the tower crane manufacturer and wire rope manufacturer; or
(b) an engineer evaluated the tower crane and the wire rope and determined that a swivel may be used.
[O. Reg. 241/23, s. 22]
Section 169
169. A cable used by a crane or other hoisting device shall be capable of supporting at least,
(a) three and one-half times the maximum load to which it is likely to be subjected if it is used on a device other than a tower crane and it winds on a drum or passes over a sheave;
(b) five times the maximum load to which it is likely to be subjected if it is used on a tower crane and it winds on a drum or passes over a sheave;
(c) three times the maximum load to which it is likely to be subjected if it is a pendant or is not subject to winding or bending; and
(d) ten times the maximum load to which it is likely to be subjected if the crane or other hoisting device is used for supporting persons.
[O. Reg. 241/23, s. 23]
Section 170
170. (1) All cables used by a crane or other hoisting device shall be visually inspected by a competent worker at least once a week when the crane or other hoisting device is being used, or more frequently, if recommended by the cable manufacturer.
(2) The worker performing an inspection shall record the condition of the cable inspected and a record of the inspection shall be kept at the project while the crane or other hoisting device is in use at the project.
(3) If an inspection under subsection (1) is of a cable used by a crane or similar hoisting device, the record of inspection shall be made in the operator’s crane log.
[O. Reg. 241/23, s. 24]
Section 171
171. (1) A cable used by a crane or other hoisting device shall be adequately attached,
(a) by binding and fastening the cable around an oval thimble in a way that is strong enough to prevent the cable thimble from separating;
(b) by fastening the cable within a tapered socket by means of virgin zinc or epoxy resin; or
(c) by fastening the cable with a wedge-type socket fitted with a wire rope clip at the dead end to prevent the accidental release or loosening of the wedge.
(2) The dead end cable of a wedge socket assembly on a hoisting line shall extend between 100 millimetres and 300 millimetres out of the socket.
(3) All wire rope terminations used on a tower crane shall be proof tested after installation onto the wire rope in accordance with the recommendations of the wire rope or termination manufacturer, but in no case to more than 50 per cent of the wire rope’s nominal or minimum rated breaking strength, and permanent records of the proof testing shall be kept for the life of the terminations.
(4) Despite subsection (3), wire rope terminations installed onto the wire rope used on a tower crane that is in service on the date section 24 of Ontario Regulation 241/23 comes into force shall be proof tested before the wire rope is put into subsequent service.
[O. Reg. 241/23, s. 24]
Section 172
172. (1) A container, sling or similar device for rigging or hoisting an object, including its fittings and attachments,
(a) shall be suitable for its intended use;
(b) shall be suitable for and capable of supporting the object being rigged or hoisted;
(c) shall be so arranged as to prevent the object or any part of the object from slipping or falling;
(d) shall be capable of supporting at least five times the maximum load to which it may be subjected; and
(e) shall be capable of supporting at least ten times the load to which it may be subjected if it is to be used to support a person.
(2) A sling or similar device made of web-type fabric or nylon shall be labelled to indicate its load rating capacity.
(3) No sling or similar device for rigging or hoisting made of web- type fabric or nylon shall be used if it may be cut.
Section 173
173. (1) Every hoisting hook shall be equipped with a safety catch.
(2) No safety catch is required on a hoisting hook used in placing structural members if the method of placing protects workers to the same standard as a safety catch does.
(3) A hoisting hook shall have its load rating legibly cast or stamped on it in a location where the person using the hook can readily see it.
(4) A hoisting hook shall not be used if it is cracked, has a throat opening that is greater than as manufactured or is twisted from the plane of the unbent hook.
Section 174
174. A hook block shall have its load rating and weight legibly cast or stamped on it in a conspicuous location.
Section 175
175. (1) An overhauling weight used on the cable of a crane or other hoisting device,
(a) shall be prevented from sliding up or down the cable; and
(b) shall be securely attached to the load hook and the cable.
(2) No overhauling weight used on the cable of a crane or other hoisting device shall be split.
[O. Reg. 241/23, s. 25]
Section 176
176. (1) Only an alloy steel chain or a chain manufactured for the purpose shall be used for hoisting.
(2) No alloy steel chain shall be annealed or welded.
(3) A chain used for hoisting shall,
(a) be labelled to indicate its load rating capacity;
(b) be repaired and reconditioned in accordance with the specifications of its manufacturer;
(c) after being repaired or reconditioned, be proof tested in accordance with the specifications of its manufacturer; and
(d) be visually inspected by a competent worker as frequently as recommended by its manufacturer and, in any case, at least once a week when the chain is in service.
[O. Reg. 345/15, s. 20]
177. Repealed. [O. Reg. 345/15, s. 21]
Section 178
178. A friction-type clamp used in hoisting materials shall be constructed so that an accidental slackening of the hoisting cable does not release the clamp.
Section 179
179. (1) If a worker may be endangered by the rotation or uncontrolled motion of a load being hoisted by a crane or other hoisting device, one or more guide ropes or tag lines shall be used to prevent the rotation or uncontrolled motion.
(2) No guide rope or tag line shall be removed from a load referred to in subsection (1) until the load is landed and there is no danger of it tipping, collapsing or rolling.
[O. Reg. 241/23, s. 25]
Section 180
180. (1) Piles and sheet-piling shall be adequately supported to prevent their uncontrolled movement while they are being hoisted, placed, removed or withdrawn.
(2) No worker shall be in an area where piles or sheet-piling are being hoisted, placed, removed or withdrawn unless the worker is directly engaged in the operation.
Section 188
188. (1) This section applies unless the conditions set out in clauses 189(a) and (b) are satisfied.
(2) No object shall be brought closer to an energized overhead electrical conductor with a nominal phase-to-phase voltage rating set out in Column 1 of the Table to this subsection than the distance specified opposite to it in Column 2.
Table
Item | Column 1 | Column 2 |
Nominal phase-to-phase voltage rating | Minimum distance | |
1. | 750 or more volts, but no more than 150,000 volts | 3 m |
2. | more than 150,000 volts, but no more than 250,000 volts | 4.5 m |
3. | more than 250,000 volts | 6 m |
(3) Subsections (4) to (9) apply if a crane, similar hoisting device, backhoe, power shovel or other vehicle or equipment is operated near an energized overhead electrical conductor and it is possible for a part of the vehicle or equipment or its load to encroach on the minimum distance permitted under subsection (2).
(4) A constructor shall,
(a) establish and implement written measures and procedures adequate to ensure that no part of a vehicle or equipment or its load encroaches on the minimum distance permitted by subsection (2); and
(b) make a copy of the written measures and procedures available to every employer on the project.
(5) The written measures and procedures shall include taking the following precautions to protect workers:
1. Adequate warning devices, visible to the operator and warning of the electrical hazard, shall be positioned in the vicinity of the hazard.
2. The operator shall be provided with written notification of the electrical hazard before beginning the work.
3. A legible sign, visible to the operator and warning of the potential electrical hazard, shall be posted at the operator's station.
(6) Before a worker begins work that includes an activity described in subsection (3), the employer shall provide a copy of the written measures and procedures to the worker and explain them to him or her.
(7) The worker shall follow the written measures and procedures.
(8) A competent worker, designated as a signaller, shall be stationed so that he or she is in full view of the operator and has a clear view of the electrical conductor and of the vehicle or equipment, and shall warn the operator each time any part of the vehicle or equipment or its load may approach the minimum distance.
(9) Section 106 also applies with respect to the signaller designated under subsection (8).
[O. Reg. 627/05, s. 7; 345/15, s. 23]